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| | |
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| | | are not satisfied or because of subsection (1) or (2), the |
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| | | magistrates’court specified in the two justice procedure notice or, if |
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| | | different, the magistrates’ court trying the written charge must— |
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| | | (a) | adjourn the trial, if it has begun, and |
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| | | (b) | issue a summons directed to the accused requiring the accused to |
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| | | appear before a magistrates’ court for the trial of the written |
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| | | |
| | | (4) | A magistrates’ court issuing a summons under subsection (3)(b) may be |
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| | | composed of two justices. |
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| | | 16C | Cases that cease to be tried in accordance with section 16A |
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| | | (1) | If a magistrates’ court decides, after the accused is convicted of the |
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| | | offence, that it is not appropriate to try the written charge in accordance |
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| | | with section 16A, the court may not continue to try the charge in that |
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| | | |
| | | (2) | If a magistrates’ court trying a written charge in accordance with |
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| | | section 16A proposes, after the accused is convicted of the offence, to |
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| | | order the accused to be disqualified under section 34 or 35 of the Road |
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| | | Traffic Offenders Act 1988— |
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| | | (a) | the court must give the accused the opportunity to make 5 |
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| | | representations or further representations about the proposed |
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| | | |
| | | (b) | if the accused indicates a wish to make such representations, the |
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| | | court may not continue to try the case in accordance with |
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| | | |
| | | (3) | If a magistrates’ court may not continue to try a written charge in |
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| | | accordance with section 16A because of subsection (1) or (2), the |
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| | | |
| | | (a) | adjourn the trial, and |
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| | | (b) | issue a summons directed to the accused requiring the accused to |
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| | | appear before a magistrates’ court to be dealt with in respectof |
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| | | |
| | | 16D | Sections 16B and 16C: further provision |
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| | | (1) | If a summons is issued under section 16B(3)(b) or 16C(3)(b)— |
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| | | (a) | a reference in sections 11 to 13 to a summons issued under 20 |
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| | | section 1 is to be read, for the purposes of subsequent |
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| | | proceedings as regards the matter, as if it included a reference to |
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| | | a summons issued under section 16B(3)(b) or 16C(3)(b) (as the |
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| | | |
| | | (b) | the magistrates’ court that issued the summons under section 25 |
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| | | 16B(3)(b) or 16C(3)(b) and the magistrates’ court specified in |
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| | | the summons are to be treated, for those purposes, as if they |
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| | | were in the same local justice area. |
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| | | (2) | If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a |
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| | | justice of the peace may issue a summons directed to the accused |
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| | | requiring the accused to appear before the magistrates’ court specified in |
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| | | the summons under section 16B(3)(b) or 16C(3)(b) for the purpose |
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| | | specified in that summons; and subsection (1)(a) applies in relation to a |
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| | | summons under this section as it applies in relation to a summons |
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| | | under section 16B(3)(b) or 16C(3)(b). |
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| |
| | |
| | |
| |
| | | (3) | Where a summons has been issued under section 16B(3)(b) or 16C(3)(b), |
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| | | a magistrates’ court that afterwards tries the written charge or deals with |
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| | | the accused for the offence must be— |
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| | | (a) | composed as described in section 121(1), or |
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| | | (b) | composed of a District Judge (Magistrates’ Courts) sitting alone |
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| | | by virtue of section 26 of the Courts Act 2003. |
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| | | |
| | | (a) | the accused is convicted of an offence before a matter is |
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| | | adjourned under section 16C(3)(a), and |
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| | | (b) | the matter is tried after the adjournment by another |
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| | | |
| | | | that other magistrates’ court is to be treated as if it were the court that |
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| | | convicted the accused for the purposes of section 142(2). |
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| | | 16E | Accused not aware of two justice procedure notice |
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| | | (1) | This section applies if— |
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| | | (a) | a two justice procedure notice has been issued, and |
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| | | (b) | the written charge is being tried, or has been tried, in |
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| | | accordance with section 16A. |
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| | | (2) | The proceedings subsequent to the two justice procedure notice are void |
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| | | |
| | | (a) | the accused makes a statutory declaration that the accused did |
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| | | not know of the two justice procedure notice or the |
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| | | proceedings until a date that the accused specifies in the |
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| | | |
| | | (b) | that date is a date after a magistrates’ court began to try the |
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| | | |
| | | (c) | the declaration is served on the designated officer for the |
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| | | magistrates’ court specified in the two justice procedure notice |
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| | | within 21 days of that date in such manner as Criminal |
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| | | Procedure Rules may prescribe, and |
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| | | (d) | at the same time as serving the declaration, the accused |
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| | | responds to the two justice procedure notice by serving a |
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| | | written notification on that designated officer. |
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| | | (3) | Subsection (2) does not affect the validity of a written charge or a two |
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| | | justice procedure notice. |
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| | | (4) | A magistrates’ court may accept service of a statutory declaration |
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| | | required by subsection (2) after the period described in subsection (2)(c) |
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| | | if, on application by the accused, it appears to the court that it was not |
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| | | reasonable to expect the accused to serve that statutory declaration |
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| | | |
| | | (5) | A magistrates’ court that accepts a statutory declaration under |
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| | | subsection (4) is to be treated as accepting service of a written |
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| | | notification that is served at the same time. |
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| | | (6) | A statutory declaration accepted under subsection (4) and a written |
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| | | notification treated as accepted under subsection (5) are to be treated as |
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| | | having been served as required by subsection (2) |
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| |
| | |
| | |
| |
| | | (7) | If proceedings have become void under subsection (2), the reference in |
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| | | section 16A to the period within which a written notification must be |
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| | | served is to be read as referring to a period that ends on— |
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| | | (a) | the date on which a written notification is served under |
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| | | |
| | | (b) | if a magistrates’ court is treated as accepting service of a written |
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| | | notification by virtue of subsection (5), the date on which the |
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| | | written notification is so treated as accepted. |
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| | | (8) | If proceedings have become void under subsection (2), the written |
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| | | charge may not be tried again by any of the same justices. |
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| | | (9) | A magistrates’ court carrying out functions under subsection (4) may be |
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| | | composed of a two justices.”.’. |
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| | |
| | | Trial by two justices on the papers: sentencing etc |
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| | |
| | | |
| | 
| To move the following Clause:— |
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| | | ‘(1) | In section 121 of the Magistrates’ Courts Act 1980 (constitution etc of a |
|
| | | magistrates’ court), after subsection (5) insert— |
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| | | “(5A) | A magistrates’ court that is trying a summary offence in accordance with |
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| | | section 16A is restricted to the following in dealing with the accused |
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| | | |
| | | |
| | | (b) | imposing a penalty under section 102(3)(aa) of the Customs and |
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| | | Excise Management Act 1979 or section 29, 35A or 37 of the |
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| | | Vehicle Excise and Registration Act 1994 (penalties imposed |
|
| | | for certain offences in relation to vehicle excise licences); |
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| | | (c) | ordering an amount to be paid under section 30, 36 or 38 of the |
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| | | Vehicle Excise and Registration Act 1994 (liability to additional |
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| | | |
| | | (d) | making an order under section 130(1) of the Powers of Criminal |
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| | | Courts (Sentencing) Act 2000 (compensation orders); |
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| | | (e) | ordering payment of a surcharge under section 161A of the |
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| | | Criminal Justice Act 2003 (victim surcharge); |
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| | | (f) | making an order as to costs to be paid by the accused to the |
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| | | prosecutor under section 18 of the Prosecution of Offences Act |
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| | | |
| | | (g) | making an order as to costs to be paid by the accused by virtue |
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| | | of section 19 of the Prosecution of Offences Act 1985; |
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| | | (h) | ordering payment of a charge under section 21A of the |
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| | | Prosecution of Offences Act 1985 (criminal courts charge); |
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| | | (i) | making an order under section 34 or 35 of the Road Traffic |
|
| | | Offenders Act 1988 (disqualification from driving); |
|
| | | (j) | making an order under section 44 of the Road Traffic Offenders |
|
| | | Act 1988 (endorsement of a driving record); |
|
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| |
| | |
| | |
| |
| | | (k) | making an application to the Secretary of State by virtue of |
|
| | | section 24(1)(a) of the Criminal Justice Act 1991 (benefit |
|
| | | |
| | | (l) | making an attachment of earnings order under Part 3 of |
|
| | | Schedule 5 to the Courts Act 2003; |
|
| | | (m) | making an application for benefits deductions to the Secretary of |
|
| | | State under Part 3 of Schedule 5 to the Courts Act 2003; |
|
| | | (n) | making a collection order under Part 4 of Schedule 5 to the |
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| | | |
| | | (5B) | The limit in subsection (5) does not apply to fines imposed as described |
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| | | |
| | |
| | | Order of the House [24 February 2014] |
|
| | | That the following provisions shall apply to the Criminal Justice and Courts Bill: |
|
| | | |
| | | 1. | The Bill shall be committed to a Public Bill Committee. |
|
| | | Proceedings in Public Bill Committee |
|
| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | | concluded) be brought to a conclusion on Tuesday 1 April 2014. |
|
| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
| | | |
| | | Consideration and Third Reading |
|
| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
|
| | | brought to a conclusion one hour before the moment of interruption on the |
|
| | | day on which those proceedings are commenced. |
|
| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | | brought to a conclusion at the moment of interruption on that day. |
|
| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | | proceedings on Consideration and Third Reading. |
|
| | | |
| | | 7. | Any other proceedings on the Bill (including any proceedings on |
|
| | | consideration of Lords Amendments or on any further messages from the |
|
| | | Lords) may be programmed. |
|
| | |
| | | Order of the Committee [11 March 2014] |
|
| | | |
| | | (1) | the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 11 |
|
| | | |
| | | (a) | at 2.00 pm on Tuesday 11 March; |
|
| | | (b) | at 11.30 am and 2.00 pm on Thursday 13 March; |
|
| | | (c) | at 8.55 am and 2.00 pm on Tuesday 18 March; |
|
| | | (d) | at 11.30 am and 2.00 pm on Thursday 20 March; |
|
| | | (e) | at 8.55 am and 2.00 pm on Tuesday 25 March; |
|
