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Contents

Official guidance
Debt Management and Banking Manual

DMBM660410 · Enforcement action: summary proceedings: hearings and orders in the magistrates' court

  • DMBM660420 · Preparation for the SP hearing
  • DMBM660430 · Attending the magistrates' court
  • DMBM660440 · Conduct money
  • DMBM660450 · Addressing the magistrates' court
  • DMBM660460 · Conduct of the SP hearing
  • DMBM660470 · If the debtor attends the SP hearing
  • DMBM660480 · Report of the SP hearing
  • DMBM660490 · After the SP hearing - England and Wales
  • DMBM660500 · After the SP hearing - Northern Ireland
  • DMBM660510 · Adjustment to the debt following a magistrate’s order
  • DMBM660520 · Case stated to the High Court
  • DMBM660530 · Debtor RLS after the magistrates' order made
  • DMBM660540 · Costs awarded against the department in summary proceedings
  1. Enforcement action: summary proceedings: hearings and orders in the magistrates' court: contents
  2. Enforcement action: summary proceedings: hearings and orders in the magistrates' court: addressing the magistrates' court

DMBM660450 | Enforcement action: summary proceedings: hearings and orders in the magistrates' court: addressing the magistrates' court

From HM Revenue & Customs · Debt Management and Banking Manual

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Magistrates (known as ‘the bench’ when they are sitting) do not expect you to be legally qualified but will expect you to:

  • be polite and deferential

  • be familiar with each case

  • speak clearly and briefly.

You should address:

  • the presiding magistrate(s) as 'your Worship(s)'

  • the clerk of the court as 'Sir' or 'Madam' as appropriate.

If you believe the bench has misunderstood you, or you make a mistake in anything you say, begin 'With respect, your Worships’ and explain yourself fully.

If your explanation is ignored or rejected:

  • accept the decision but if you feel you are right and the point is worth pursuing

  • discuss it with the clerk of the court at the first opportunity outside the court.

Magistrates and justices' clerks are aware of your legal right to take proceedings. You do not need a detailed knowledge of the magistrates' courts legislation. However, if you are challenged on any matter that you cannot answer:

  • ask for an adjournment and if you cannot resolve the matter locally

  • telephone the Enforcement Technical Team, Shipley for advice.

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