45Rules of pleading

45 Rules of pleading

(1)  In this rule –

delaying plea means a plea showing that, even if the complaint were true, the justices have no jurisdiction to hear the complaint and the complaint should not proceed;

plea of general bar means a plea that the defendant owes nothing.

(2)  The defendant may answer a complaint for a forfeit by –

(a) demurring; or

(b) pleading –

(i) a delaying plea; or

(ii) a plea of general bar; or

(iii) a bar to proceedings under section 100(3) of the Local Government (Highways) Act 1982 ; or

(c) demurring and pleading together.

(3)  If possible, a delaying plea must show when the complaint can proceed.

(4)  A plea of general bar –

(a) may give facts that are not the subject of a delaying plea or a bar to proceedings under section 100(3) of the Local Government (Highways) Act 1982 ; and

(b) is to give particulars that exclude irrelevant evidence and enable the complainant to know what case he or she has to meet.