Committal hearings in magistrates court.

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Dear Ministry of Justice,
Can you please confirm the following:
1. On 28th May 2013 committal hearings were abolished in magistrates’ courts
as part of wider measures to speed up justice and improve efficiencies in
the justice system.
. As a result, cases are now sent straight to the Crown
Court as soon as it is clear the matter is serious enough, rather than having
to await a committal hearing. Committal hearings were abolished for
indictable only cases in 2001. Does this apply to council tax committal hearings?

2. Council tax committal hearing in magistrates courts are conducted under King's privy council poor law jurisdiction.

3. CPR rules don't apply in council tax committal hearings in a magistrates court. The hearings are NON - HMCTS hearing.

4. If council tax hearing in magistrate courts are NON HMCTS procedures, what Jurisdiction do the hearings come under?

5. A liability order issued by magistrates court for council tax, can be set out in a format which the court deems satisfactory - but it will need to include certain basic information such as the name of the person against whom it was made, when it was made and in what amount. It should specify the court which made the order, but does not require a court seal.

The formal order is made by the court, at a hearing in a courtroom open to the public, but the general practice around the country is for the local authority to produce the order after the court has made it. Can you explain why this order from the court doesn't need a court seal. Also can it be explained why there is no printed name under the signature.

6. Are the magistrates courts required to keep records of council tax hearing in their courts from the summons to the committal hearing.

Yours faithfully,

PAUL PATTERSON

Data Access & Compliance Unit, Ministry of Justice

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information regime and will be treated by the department as Official Correspondence.
 
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Many Thanks

Laura  

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Dear Ministry of Justice,
By law you should have sent me a reply by 12th December, it is well overdue.

Yours faithfully,

PAUL PATTERSON

Civil & Family Business Support,

Thank you for your email which has been passed to the team to respond.

The relevant legislation is the Council Tax (Administration and Enforcement) Regulations 1992. The Regulations can be found here - http://www.legislation.gov.uk/uksi/1992/... .

The Council may apply to the Magistrates' Court for a warrant committing a person for non payment of council tax to prison. The Council will only take this step when other efforts have failed and when an attempt to levy distress has failed.

The relevant legislation is Regulation 47 Council Tax (Administration and Enforcement) Regulations 1992 (http://www.legislation.gov.uk/uksi/1992/...) and
Section 82 Magistrates' Courts Act 1980 (http://www.legislation.gov.uk/ukpga/1980...)

Before issuing a warrant of commitment, the Court must hold a means enquiry with the person present in Court. A warrant will only be issued if the court is satisfied that the failure to pay is the result of wilful refusal or culpable neglect.
The maximum period of imprisonment is 90 days.

Provided the summons specifies the position of the issuing authority (i.e. whether it was a magistrate, Justices' Clerk or legal adviser who issued it), there is no requirement to have a printed name.

There is no statute which authorises (or prevents) a council preparing a summons on the court's behalf. Under section 51 of the Magistrates' Court Act 1980 (http://www.legislation.gov.uk/ukpga/1980...), a person can apply to the Magistrates' Court for a summons. If it is granted, it is customary that the person applying drafts their own summons, which in the case of Council Tax is the Local Authority.

The process of printing and posting of the summons (the issue of which has first been authorised / approved by a magistrate or legal adviser) can be completed by the complainant. It is necessary to distinguish between issuing a summons and the printing and serving of such summons. Only a court can issue a summons, therefore no statute exists allowing Local Authorities to issue summons. The printing and serving (i.e. posting or otherwise delivering) of the summons is customarily done by the complainant.

Thanks
Civil & Family
Court and Tribunals Development Directorate | HMCTS |

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BERT GEISHERD left an annotation ()

Paul Patterson- Good so far- Now try asking for the following:
a) What paperwork has to be put into the Magistrates Court before it issues/authorises the issue of a summons
(Case law suggests this MUST include CT Liability Orders and bailiff return letters-the Magistrates must be satisfied that bailiffs have attempted distress before Commitment can be applied for.
c) The cost for each summons issued/authorised by the magistrates court
d) Where records of summons cost payments are kept.
4) Local authority proof of service.
If you are having difficulty, I suggest a) and b) will be most useful
IMPORTANT- Commitment proceedings must take place in accordance with LGFA and CTAE regs. You should formally ask magistrates court if there have been any variations on this procedure with the local authority. The answer should be No at all times but it is best to ask- Side deals outside CTAE and LGFA procedures are not unknown but are illegal.

Best of luck
Bert

PAUL PATTERSON left an annotation ()

This is their final reply: Dear Mr Patterson,
Thank you for your email sent on the 28th December 2016, we have replied to each of your points in bold below.

Can you please confirm the following:
1. On 28th May 2013 committal hearings were abolished in magistrates’ courts
as part of wider measures to speed up justice and improve efficiency in
the justice system.
As a result, cases are now sent straight to the Crown
Court as soon as it is clear the matter is serious enough, rather than having
to await a committal hearing. Committal hearings were abolished for
indictable only cases in 2001. Does this apply to council tax committal hearings? If not why not?
The committal procedure referred to above relates to criminal offences – Council tax committal hearings are civil proceedings.

2. Council tax committal hearing in magistrates courts are conducted under King's privy council poor law jurisdiction.
Council tax committal hearings are conducted under Council Tax (Admin and Enforcement) regulations 1992, magistrates’ civil jurisdiction derives from Part II Magistrates Courts Act 1980 – Civil jurisdiction and procedure.

3. CPR rules don't apply in council tax committal hearings in a magistrates court. The hearings are NON - HMCTS hearing. The CPR only applies to civil matters proceeding in the County or High Court.
4. If council tax hearing in magistrate courts are NON HMCTS procedures, what Jurisdiction do the hearings come under?
Council tax committal hearings are conducted under Council Tax (Admin and Enforcement) regulations 1992, magistrates civil jurisdiction derives from Part II Magistrates Courts Act 1980 – Civil jurisdiction and procedure.
5. A liability order issued by magistrates court for council tax, can be set out in a format which the court deems satisfactory - but it will need to include certain basic information such as the name of the person against whom it was made, when it was made and in what amount. It should specify the court which made the order, but does not require a court seal.
The formal order is made by the court, at a hearing in a courtroom open to the public, but the general practice around the country is for the local authority to produce the order after the court has made it. Can you explain why this order from the court doesn't need a court seal. Also can it be explained why there is no printed name under the signature.
The Council’s software generates the liability orders. These may be rubber-stamped or pre-printed with the Justices’ Clerks’ signature. There is no requirement for a wet-ink signature.
This is for two reasons, set out in the Magistrates' Courts Rules 1981. Firstly, the Rules only require signatures (of any sort) on forms prescribed by the Rules (Rule 109(1)) and a liability order is not prescribed. Even if it were, rule 109(3) states "where a signature is required on a form or warrant other than an arrest, remand or commitment warrant, an electronic signature incorporated into the document will satisfy this requirement". Thus a pre-printed signature on the form will suffice.
6. Are the magistrates courts required to keep records of council tax hearing in their courts from the summons to the committal hearing.
Magistrates Court keep a record of the list of council tax hearings that took place.

Regards
Civil and Family Improvement Team
HM Courts & Tribunals Service | Court and Tribunals Development Directorate |2.15 | 2nd Floor | 102 Petty France | London | SW1H 9AJ | DX 152380 Westminster 8