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Statutory Instrument 1999 No. 3039 (L. 25)

The Magistrates' Courts (Forms) (Amendment No. 2) Rules 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS


1999 No. 3039 (L. 25)


MAGISTRATES' COURTS


The Magistrates' Courts (Forms) (Amendment No. 2) Rules 1999


 Made5th November 1999 
 Laid before Parliament10th November 1999 
 Coming into force1st December 1999 

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980[1] as extended by section 145 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:

    1.These Rules may be cited as the Magistrates' Courts (Forms) (Amendment No. 2) Rules 1999 and shall come into force on 1st December 1999.

    2.In the Table of Contents in Schedule 2 to the Magistrates' Courts (Forms) Rules 1981[2], after the entry for Form 92[3] there shall be inserted:

        " 92ZA.Notice to person subject to a curfew order with an electronic monitoring requirement.

        92ZB.Notice to officer responsible for electronically monitoring compliance with a curfew order.".

    3.In Schedule 2 to the Magistrates' Courts (Forms) Rules 1981, after Form 92 there shall be inserted the forms numbered 92ZA and 92ZB contained in the Schedule to these Rules.


Irvine of Lairg, C.

Dated 5th November 1999



SCHEDULE
Rule 3


CURFEW ORDER WITH ELECTRONIC MONITORING REQUIREMENT - FORM 92ZA



CURFEW ORDER MADE UNDER SECTIONS 12 AND 13 OF THE CRIMINAL JUSTICE ACT 1991


    Court name & address

    Reference No/PSD

To:    Mr/Mrs/Ms (name of defendant)    born    

Address of defendant    

Post code    age    

Telephone No. inc. code    

Orders
You must keep a curfew for (period) from (start date) to (end date). You will be electronically monitored so that the court can be sure that you are keeping to your curfew. This means that you must stay at (place) at the times and on the days listed below:

 MonTuesWedThursFriSatSun
From       
To       
From       
To       
Total No of hours       

If ordered to stay at another place as well you must stay at (place 2) at the times and on the days listed below:

 MonTuesWedThursFriSatSun
From       
To       
From       
To       
Total No of hours       

The Court has said that you can leave your place of curfew during your curfew period for the reasons listed below and at the times listed below:

ReasonDay and Time
1 
2 
3 

The offences for which this order has been made are listed on the second page.

Warning
If you do not stay at the place you should be at during your curfew you may be brought back to Court. This means that the Court may then:

  • punish you for that failure as well as making you finish this order; or

  • pass a different sentence for the original offences.

    Justices Clerk

    Date

    I am bound to comply with the curfew order and confirm that the court has explained to me the conditions of the order and what will happen if I do not comply with the order. I understand monitoring officers will visit me after sentencing during curfew periods.

    I confirm my address(es) and telephone number as stated above and confirm that I understand the curfew hours given.

    Full Name    signed    

    Date:    

    Offences for which Order made
    1

    2

    3

    4

    5



    CURFEW ORDER WITH ELECTRONIC MONITORING REQUIREMENT - FORM 92ZB
    To be faxed to the Monitoring Contractor on the day the Order is made and, where appropriate, the supervising probation service on the day the Order is made.

    Please make sure that the correct contractor for your area is faxed, attach a copy of the original Order and make sure that all information required is completed: otherwise the form will be returned by the contractor. Where another community order has been imposed, ensure that the same documentation is also faxed to the supervising probation service.

    CURFEW ORDER MADE UNDER SECTIONS 12 AND 13 OF THE CRIMINAL JUSTICE ACT 1991

    NOTIFICATION TO CONTRACTOR

    For London & Eastern region: Premier Monitoring Services Fax No 08700 700321

    For Midlands & Wales region: Premier Monitoring Services Fax No 08700 700321

    For Southern region: GSSC of Europe Ltd Fax No 01793 438342

    For Northern region: Securior Custodial Services Ltd Fax No 0161 876 5331

    From:    Court Name
        Court code


    Crown/Magistrates/Youth    Court Reference No


    Full address of court:    

    First Notification /Revised Notification /Variation Please circle correct one

    The above Order has been made today and Mr/Mrs/Ms
    (full name) has been made the subject of a curfew order, for the dates and times stated below at:

    First Curfew Address

    Street:


    District:


    Town:


    Post code:


    Tel No inc STD code:


     MonTuesWedThursFriSatSun
    From       
    To       
    From       
    To       
    Total No of hours       

    and at:

    Second Curfew Address (if appropriate)

    Street:


    District:


    Town:


    Post code:


    Tel No inc STD code:


     MonTuesWedThursFriSatSun
    From       
    To       
    From       
    To       
    Total No of hours       

    for the following offences:

    1

    2

    3

    4

    5

    Curfew start date
    start time:


    Curfew finish date
    time: 23:59

    Is it a combined Order? Yes/ No Please circle correct one

    If yes please state other community sentences(s) imposed:

    State name, office and fax no of the supervising probation officer:




    Was an interpreter required in court? Yes/ No Please circle correct one

    If yes which language:


    Was a PSR prepared before sentencing? Yes/ No Please circle correct one

    Was a curfew assessment prepared before sentencing? Yes/ No Please circle correct one

    Is there a telephone line already at the address(es)? Yes/ No Please circle correct one

    Sentencer(s) & title:    

    Name:


    Judge/Justice of the Peace/Stipendiary Magistrate

    Signed:    

    Date:    

    Prepared By:    Date:    

    Name    

    Signature    

    Faxed By:    Date:    Time:    

    Name    

    Signature    



    EXPLANATORY NOTE

    (This note is not part of the Rules)


    These Rules prescribe new Forms 92ZA and 92ZB, for use in cases where persons are sentenced by way of sections 12 and 13 of the Criminal Justice Act 1991 to a curfew order with an electronic monitoring requirement. Forms 92ZA and 92ZB are to be served on the person subject to the order and the officer responsible for electronically monitoring compliance with it respectively.


    Notes:

    [1] 1980 c. 43.back

    [2] S.I. 1981/553; the relevant amending instrument is S.I. 1992/2072.back

    [3] Form 92 was substituted by S.I. 1992/2072, rule 3 and Schedule.back



    ISBN 0 11 085503 5


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