Memorandum by the Home Office
1998 (S.I. 1998/3045)
1. The Committee has asked for a
memorandum in relation to the above instrument on the following
Set out the text of the
definition of "committal
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:
In these Rules
means such officer as may be designated for the purpose in question
by arrangements made by or on behalf of the Lord Chancellor;
means the Administration of Justice (Miscellaneous Provisions)
means proceedings before a magistrates'
court acting as examining justices;
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
and the proviso were substituted for a previous definition of
(and a related proviso) by the Indictments (Procedure) (Amendment)
Rules 1997 (S.I. 1997/711).
20th January 1999