UK Offence Report

The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988

UK Statutory Instrument 1988 No. 2132 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
2 December 1988
In force from
5 January 1989
Extent
Not stated
Subject
Courts, police, prisons and the administration of justice
Made under
MAGISTRATES' COURTS PROCEDURE The Magistrates' Courts (Criminal Justice Act 1988, Magistrates' Courts Act 1980

Explanatory note

(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Rules amend the Magistrates' Courts Rules 1981, the Magistrates' Courts (Forms) Rules 1981, the Magistrates' Courts (Children and Young Persons) Rules 1988 and the Magistrates' Courts (Attendance Centre) Rules 1958, pursuant to certain provisions of the Criminal Justice Act 1988 (the 1988 Act). Rule 2 makes provision in the Magistrates' Courts Rules 1981 for the service of notices and recording of decisions in relation to the provisions about fine default in section 61 of the 1988 Act and reasons for not making a compensation order as required under section 104 of the Act. It also makes provision for the issue of warrants of commitment to customs detention pursuant to section 152 of the 1988 Act, and rule 3(a) and Schedule 1 provide a new form for such warrants. Rule 3(b), (c) and (d) and the associated forms in Schedule 1, make provision in the Magistrates' Courts (Forms) Rules 1981 to reflect in the relevant forms for warrants of commitment the introduction in section 123 of the 1988 Act of the sentence of detention in a young offender institution to replace youth custody sentences and detention centre orders. Rule 3(e) and the associated forms in Schedule 1 provide new forms for notices to fine defaulters pursuant to section 61 of the Criminal Justice Act 1988, which provides that a fine defaulter may apply to a magistrates' court which has postponed the issue of a warrant of commitment in default of payment for the terms of postponement to be varied, and that a magistrates' court may not issue a warrant of commitment for fine default in the absence of the defaulter without first serving notice on him. Rule 3(f) and the associated form in Schedule 1 provides a new form in the Magistrates' Courts (Forms) Rules 1981 for recording the reasons for granting bail in proceedings for the serious offences set out in section 153 of the Criminal Justice Act 1988. Rule 4 and the associated forms in Schedule 2 amend the Magistrates' Courts (Children and Young Persons) Rules 1988 to reflect the new sentence of detention in a young offender institution and miscellaneous amendments affecting the powers of magistrates' courts to attach a charge and control condition to care orders, to impose a fine and to deal with a breach of a supervision order or community service order by a young offender made by section 127 of and Schedules 10 and 15 to the Criminal Justice Act 1988. Rule 5 and the associated form in Schedule 3 substitutes a new form for form 5 of the Magistrates' Courts (Attendance Centre) Rules 1958 to reflect the substitution by Schedule 10 to the Criminal Justice Act 1988 of references to the person in respect of whom an attendance centre order has been made for references to an offender in section 18 of the Criminal Justice Act 1982. Sections 123, 127 and 128 of, and Schedules 8 and 10 to, the Criminal Justice Act 1988 came into force on 1st October 1988 (S.I. 1988/1408). Sections 61, 152 and 153 come into force on 5th January 1989 (S.I. 1988/2073).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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