Magistrates' Court Seal CPR40.2

Waiting for an internal review by HM Courts and Tribunals Service of their handling of this request.

Dear Her Majesty’s Courts and the Tribunals Service,

Magistrates' Court Seal CPR40.2

Provide under the FOIA

How are court documents sealed by a court to prove that they have been issued by a magistrates court .

And what constitutes a court seal referred to in the civil procedure rules CPR40.2 and confirm whether or not the civil procedure rules are applicable to magistrates courts.

Yours faithfully,

mary glister

Helen Borodzicz left an annotation ()

Mary, you would get answers to this type of question much quicker if you posted on, say, thelawforum.co.uk. It would not, of course, prevent you from waiting on a reply on this website.
Civil and criminal procedure are different from one another. I googled for the criminal:
https://www.justice.gov.uk/courts/proced...

HMCTS Customer Service (Correspondence),

The following questions have not been answered under the Freedom of
Information Act as the answers are already available elsewhere

 

 

How are court documents sealed by a court  to prove that they have been
issued by a magistrates court .

 

The summons needs to have the signature (which can be electronic) of the
magistrate, Justices’ Clerk or legal adviser who issued it. 

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
requirement for a wet ink signature under rule 109 Magistrates’ Courts
Rules 1981. Under ‘R. v. Brentford Justices ex parte Catlin’, All England
Law Reports [1975] 2 All ER QBD p.206-207, Lord Chief Justice Widgery
stated that it is perfectly proper for a signature to be affixed by way of
rubber stamp.

 

 

What constitutes a court seal referred to in the civil procedure rules
CPR40.2 and are the civil procedure rules are applicable to magistrates
courts.

 

The seal referred to in CPR r40.2 is defined as "A seal is a mark which
the court puts on a document to indicate that the document has been issued
by the court". CPR r40.2 does not apply to the Magistrates Courts.

 

 

Does the above CPR practice direction apply to the magistrates court when
granting summonses for non payment of council tax to the council.

 

No. The process governing and authorising the issue of council tax summons
is determined by the following pieces of legislation: the Magistrates'
Courts Act 1980, Part 7 and Part 2 (rule 2.4) of the Criminal Procedure
Rules, and the Justices' Clerks Rules 2005. Web links are listed below:

 

Parts 4.7 and 7.4 of the Criminal Procedure Rules 2012, refer specifically
to issuing and serving of summonses. These can be found at:

http://www.justice.gov.uk/courts/procedu...

 

For the Magistrates Court Act 1980 Act, see the legislation website at:

http://www.legislation.gov.uk/ukpga/1980...

 

For the Justices’ Clerks Rules 2005, see the legislation website at:

[1]http://www.legislation.gov.uk/uksi/2005/...

 

 

Does the above CPR practice direction applies to the council who create
and issue non payment of council tax summonses ( court documents) on
behalf of the magistrates court who grants them.

 

No. 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 ([2]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.  

 

 Please provide all recorded information that confirms that when the
council prints a replica signature (a facsimile signature) onto a
magistrates court summonses

 for non payment of council tax on behalf of the court, that the council
also prints the name of the person whose signature is printed so that the
person may be

 identified. Signature of Documents by mechanical means Where, under rule
5.3, a replica signature is printed electronically or by other mechanical
means on any

document, the name of the person whose signature is printed must also be
printed so that the person may be identified. This paragraph does not
apply to claim forms

issued through the Claims Production Centre. See
[3]http://www.justice.gov.uk/courts

 

As stated in response to Q1 - 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.

 

 

 

 

 

Christine Worsley | HM Courts & Tribunals Service | Communications and
Customer Service Team

PO Box 6987  |  Leicester  |  LE1 6ZX

 e-mail: tsofficial [email address]

 

 

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References

Visible links
1. http://www.legislation.gov.uk/uksi/2005/...
http://www.legislation.gov.uk/uksi/2005/...
2. http://www.legislation.gov.uk/ukpga/1980...
http://www.legislation.gov.uk/ukpga/1980...
3. http://www.justice.gov.uk/courts

Arten 60 left an annotation ()

I have just seen a video in which a photocopied signature turns out to be several years old and the JP was no longer a JP. Clearly the expedience for fraud on a mass scale is there to be abused.

Of course lower courts are bound by the rulings made in our High Courts.
I suggest this decision which is the precedent is the one that magistrates courts are bound by and ergo have to follow:

Case Law evidence that a warrant has to have a wet ink signature by a magistrate and
they have to show you a copy otherwise this is not valid.
R v CC of Lancashire Police, ex Parte Parker and McGrath [1993] Crim LR , 204
QBD.

Dear Her Majesty’s Courts and the Tribunals Service,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Her Majesty’s Courts and the Tribunals Service's handling of my FOI request 'Magistrates' Court Seal CPR40.2'.

[Can you please clarify are you saying tha criminal procedure rules apply to civil matters when issuing a complaint for a summons to be issued ? ]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

mary glister

Wisdom left an annotation ()

Why provide out of date link?. Everything changed when they abolished the role of the Lord Chief Chancellor.