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Disposition
OMTC
Aug 15, 2017 07:33
6 yrs ago
4 viewers *
English term

9.M.C. Rules 1968 R58

English Law/Patents Law (general)
C.J. Act 1967, S2,9.M.C. Rules 1968 R58

What do 9.M.C. and R58 stand for?
Responses
4 +3 Magistrates Court Rules 1968 R58

Discussion

Helena Chavarria Aug 15, 2017:
I don't speak Polish, but http://www.proz.com/kudoz/english_to_polish/other/5750639-9m...
Charles Davis Aug 15, 2017:
Typo in your ref. In the reference you've quoted in your answer, which refers to "the operation of s2(9) of the Criminal Justice Act 1967", 1967 is a typo for 1987. Section 2(9) of the Criminal Justice Act 1987 reads:

"A person shall not under this section be required to disclose any information or produce any document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court, except that a lawyer may be required to furnish the name and address of his client."
http://www.legislation.gov.uk/ukpga/1987/38/section/2
Charles Davis Aug 15, 2017:
@Helena Thanks for your response. I don't want to draw us into an extended discussion on this; it's purely "academic" and not actually part of the question. I just wanted to clarify the reference for arwam, if possible.

There are two references here, and the full stop after 9 marks the end of the first:
C.J. Act 1967, S2,9.
M.C. Rules 1968 R58.

The comma between 2 and 9 might mean that 9 is a subsection of 2, though as I said before it would be unusual to indicate a subsection in that way, or it might mean that 2 and 9 are both section numbers, which is what I think. It would not be unusual to use a comma in this way.

As my quotation shows, Rule 58 refers explicitly to "section 2 or 9 of the Criminal Justice Act 1967", so that fits the interpretation I propose.

Section 2(9), that is, Section 2, Subsection 9, refers not to Magistrates Courts Rule 23 but to Section 23 of the Magistrates Court Act 1952.

I can't find the full text of Rule 58 so I don't know whether it also refers to Section 2(9), but it seems a bit unlikely to me, since Section 2(9) is very brief and merely clarifies the scope of Section 23 of the of the Magistrates Court Act 1952.
Helena Chavarria Aug 15, 2017:
@Charles I'm not in front of the computer (it's lunchtime) and I don't like writing long messages on my phone, so I'll keep it short.

I think the comma and full stop mean that something was written before and after the '9'. The asker's question is 'C.J. Act 1967, S2,9.M.C. Rules 1968 R58', which inclines me to think that it's section 2(9) of the Act (thank you for the link). Section 2, Sub-section (9) refers to Magistrates Courts Rule 23.

As I understand it, the emphasis is on the Magistrates' Courts Rule, not the Crime Justice Act.
Charles Davis Aug 15, 2017:
Criminal Justice Act 1967 Here is the text of the Act itself, so you can see what Sections 2 and 9 say:
http://www.legislation.gov.uk/ukpga/1967/80/pdfs/ukpga_19670...
Charles Davis Aug 15, 2017:
I agree with Helena: M.C. stands for Magistrates Courts. I think it is virtually certain that R stands for Rule.

"9" doesn't belong to "M.C."; it's part of the preceding reference "S2,9". S stands for Section. This is a reference to a section or sections of the Criminal Justice (C.J.) Act 1967, a British law on criminal procedure (now superseded by later laws).

Section 2 of the 1967 Act does have a Subsection 9, so "S2,9" could in principle mean Section 2(9) (in other words, Subsection 9 of Section 2). However, it is unusual for the section and subsection numbers to be separated by a comma, and I think it means Section 2 or Section 9, as in the following reference, which quotes rule 58 itself:

"Rule 58(I) of the Magistrates' Courts' Rules 1968 states that. "Written statements to be tendered in evidence under section 2 or 9 of the Criminal Justice Act 1967 shall be in the prescribed form"
http://journals.sagepub.com/doi/abs/10.1177/0022018375039004...

Responses

+3
1 hr
Selected

Magistrates Court Rules 1968 R58

Criminal Justice Act 1967, S9
Magistrates Courts Act 1980, SS5A(3)(a) and 5(B)
Criminal Procedure Rules 2005, r 27.1

I would leave 'R58' as it is.


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Note added at 1 hr (2017-08-15 09:01:55 GMT)
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And I think S2,9. should be S2 (9)

What Green is getting exercised about in respect of privilege relates to the operation of s2(9) of the Criminal Justice Act 1967, which provides for the situation where the SFO may require a person to answer questions, provide information or produce specified documents under the aegis of an on-going SFO investigation.

However, s2(9) specifies that disclosure of information or documentation is not required for materials “which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court”.

http://www.2harecourt.com/training-and-knowledge/paying-for-...

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Note added at 1 hr (2017-08-15 09:09:34 GMT)
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Page 95:

Analysis of parental responsibility definition by s3(1) CA1989; parental responsibility can be held by more than 1 person at any time (s2(5) CA 1989); parental responsibility cannot be transferred or surrendered (s2(9) CA 1989); child may apply for a declaration of paternity under S56 FLA 1986; identification of the effects of Adoption and Childrens Act 2002 and common law parental rights and duties;

http://www.cilex.org.uk/PDF/Awards student info Unit Specif...

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Note added at 1 hr (2017-08-15 09:16:55 GMT)
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Magistrates' Courts Rules (Northern Ireland) 1984

Interpretation Act 1978 section 17(2) and the Interpretation Act (Northern Ireland) 1954 section 29.

133. - (1) A notice of application signed in accordance with Rule 132 may be served in the same manner as a process under Rule 58 or Rule 60(1)(b) or may be sent by the applicant or his solicitor to the person to whom it is to be given by registered Valentine – Magistrates’ Courts Rules to Jan 2017 post or by the recorded delivery service in an envelope addressed to that person at his last known or usual place of abode.

https://www.courtsni.gov.uk/en-GB/Publications/court-rules/D...

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Note added at 2 hrs (2017-08-15 09:45:30 GMT)
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Edited to point out that it should be 'Magistrates Courts Rules', in plural.
Note from asker:
Thank you, Helena and Charles. This is very helpful. Much appreciated!
Peer comment(s):
agree Charles Davis : And R58 stands for rule 58 // Analogous references (e.g. "Magistrates Court Rules 1992, Rule 32") leave little room for doubt, I think. I believe S2,9 probably means sections 2 and/or 9 rather than section 2(9) here. I'll add a ref. in discussion
8 mins
Yes, I also thought the 'R' was rule, but I didn't have any proof. Thank you, Charles :-)
agree AllegroTrans
4 hrs
Thank you, AllegroTrans ;-)
agree Yvonne Gallagher
8 hrs
Thank you, Gallagy :-)
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
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