Joint Committee on Statutory Instruments Sixth Report


Memorandum by the Home Office


1.  The Committee has asked for a memorandum in relation to the above instrument on the following point:

    Set out the text of the definition of "committal documents" in rule 2 of the 1971 Rules prior to its amendment by rule 2(2)(b), identifying the relevant prior instrument(s).

2.  It might be of assistance to the Committee if rule 2 (prior to the present amendment) were set out in its entirety:

    "2. — In these Rules —

    "the appropriate officer" means such officer as may be designated for the purpose in question by arrangements made by or on behalf of the Lord Chancellor;

    "the Act" means the Administration of Justice (Miscellaneous Provisions) Act 1933;

    "committal proceedings" means proceedings before a magistrates' court acting as examining justices;

    "committal documents" means evidence falling within section 5A(3) of the Magistrates' Courts Act 1980 and tendered at any committal proceedings:

    Provided that any requirement of these Rules that an application should be accompanied by a copy of any committal documents shall, as respects documents mentioned in paragraphs (b) and (d) of section 5A(3) of the Magistrates' Courts Act 1980, be satisfied if a copy of such parts only of those documents as are, in the opinion of the applicant, material, accompanies the application, and the application contains an express statement to that effect."

3.  The definition of "committal documents" and the proviso were substituted for a previous definition of "depositions" (and a related proviso) by the Indictments (Procedure) (Amendment) Rules 1997 (S.I. 1997/711).

20th January 1999

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