New advance information rules |
New advance information rules |
Thu, 9 Apr 2009 - 16:02
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From 06 April 2009 there are new advance information rules, replacing those formerly in The Magistrates' Courts (Advance Information) Rules 1985. These new rules form Part 21 of the Criminal Procedure Rules 2005 and apply to summary cases and either way offences.
Part 21 When this Part applies 21.1.—(1) This Part applies in a magistrates' court, where the offence is one that can be tried in a magistrates' court. (2) The court may direct that, for a specified period, this Part will not apply— (a) to any case in that court; or (b) to any specified category of case. [Note. An offence may be classified as— (a) one that can be tried only in a magistrates' court (in other legislation, described as triable only summarily); (b) one that can be tried either in a magistrates' court or in the Crown Court (in other legislation, described as triable either way); or © one that can be tried only in the Crown Court (in other legislation, described as triable only on indictment). See the definitions contained in Schedule 1 to the Interpretation Act 1978(7). In some circumstances, the Crown Court can try an offence that usually can be tried only in a magistrates' court. This Part does not apply where an offence can be tried only in the Crown Court. In such a case, details are served on the defendant after the case is sent for trial. Part 12 contains relevant rules.] Providing initial details of the prosecution case 21.2. The prosecutor must provide initial details of the prosecution case by— (a) serving those details on the court officer; and (b) making those details available to the defendant, at, or before, the beginning of the day of the first hearing. Content of initial details 21.3. Initial details of the prosecution case must include— (a) a summary of the evidence on which that case will be based; or (b) any statement, document or extract setting out facts or other matters on which that case will be based; or © any combination of such a summary, statement, document or extract; and (d) the defendant’s previous convictions. This post has been edited by southpaw82: Thu, 9 Apr 2009 - 18:00 -------------------- Moderator
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