House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 20 March 2014
79

Criminal Justice and Courts Bill, continued


is to be treated after the commencement of this section as authorised to issue

requisitions and two justice procedure notices (subject to the order

specifying that person being varied or revoked).’.

Instituting proceedings: further provision

Mr Andy Slaughter

Dan Jarvis

NC13

To move the following Clause:—

‘(1)
Section 30 of the Criminal Justice Act 2003 (further provision about method of

instituting proceedings in section 29) is amended as follows.

(2)
In subsection (1)—

(a)
in paragraph (a), for “or requisitions” substitute “requisitions or two

justice procedure notices”, and

(b)
in paragraph (b), for “or requisitions” substitute “requisitions or two

justice procedure notices”.

(3)
In subsection (2)(b), after “further requisitions” insert “or further two justice

procedure notices”.

(4)
In subsection (5)—

(a)
in paragraph (b), for “public prosecutor” substitute “relevant

prosecutor”, and

(b)
after paragraph (b) insert ”, and

(c)
any reference (however expressed) which is or includes

a reference to a summons under section 1 of the

Magistrates’ Courts Act 1980 (or to a justice of the

peace issuing such a summons) is to be read as

including a reference to a two justice procedure notice

(or to a relevant prosecutor issuing a two justice

procedure notice).”.

(5)
After subsection (7) insert—

“(7A)
The reference in subsection (5) to an enactment contained in an Act

passed before this Act is to be read, in relation to paragraph (c) of

subsection (5), as including—

(a)
a reference to an enactment contained in an Act passed before or

in the same Session as the Criminal Justice and Courts Act

2014, and

(b)
a reference to an enactment contained in such an Act as a result

of an amendment to that Act made by the Criminal Justice and

Courts Act 2014 or by any other Act passed in the same Session

as the Criminal Justice and Courts Act 2014.”.

(6)
In subsection (8)—

(a)
for ““public prosecutor”, substitute ““relevant prosecutor””, and

(b)
after ““requisition”” insert “two justice procedure notice””.’.

Public Bill Committee: 20 March 2014
80

Criminal Justice and Courts Bill, continued

Trial by two justices on the papers

Mr Andy Slaughter

Dan Jarvis

NC14

To move the following Clause:—

‘(1)
The Magistrates’ Courts Act 1980 is amended as follows.

(2)
In section 11 (non-appearance of accused: general provisions)—

(a)
in subsection (1), for “and (4)” substitute ”, (4) and (8)”, and

(b)
after subsection (7) insert—

“(8)
This section and sections 12 to 16 do not apply if and for so long as a

written charge is to be tried by a magistrates’ court in accordance with

section 16A.”

(3)
After section 16 insert—

“Trial by two justices on the papers

16A
Trial by two justices on the papers

(1)
A magistrates’ court may try a written charge in accordance with

subsections (3) to (8) if—

(a)
the offence charged is a summary offence not punishable with

imprisonment,

(b)
the accused had attained the age of 18 years when charged,

(c)
the court is satisfied that—

(i)
the documents specified in subsection (2) have been

served on the accused, and

(ii)
service of all of the documents was effected at the same

time, and

(d)
the accused has not served on the designated officer for the

magistrates’ court specified in the two justice procedure notice,

within the period prescribed by Criminal Procedure Rules, a

written notification stating either—

(i)
a desire to plead not guilty, or

(ii)
a desire not to be tried in accordance with this section.

(2)
The documents mentioned in subsection (1)(c) are—

(a)
a written charge and a two justice procedure notice (see section

29 of the Criminal Justice Act 2003), and

(b)
such other documents as may be prescribed by Criminal

Procedure Rules (see section 29(3A) of the Criminal Justice Act

2003).

(3)
The court must try the written charge in reliance only on—

(a)
the documents specified in subsection (2), and

(b)
any written submission that the accused makes with a view to

mitigation of sentence.

(4)
The court may disregard a written submission that is not served on the

designated officer for the magistrates’ court specified in the two justice

procedure notice within the period prescribed by Criminal Procedure

Rules.

(5)
The court may try the charge in the absence of the parties.

Public Bill Committee: 20 March 2014
81

Criminal Justice and Courts Bill, continued

(6)
The court may not remand the accused.

(7)
If the resumed trial is to be conducted in accordance with subsections 10

(3) to (7), no notice is required of the resumption of the trial after an

adjournment.

(8)
A magistrates’ court acting under this section may be composed of two

justices.

(9)
A magistrates’ court not specified in the two justice procedure notice may

try a written charge in accordance with subsections (3) to (8) as if it were

the magistrates’ court so specified.

(10)
Subsection (1) is subject to sections 16B and 16C.

16B
Cases not tried in accordance with section 16A

(1)
If a magistrates’ court decides, before the accused is convicted of the

offence, that it is not appropriate to try the written charge in accordance

with section 16A, the court may not try or continue to try the charge in

that way.

(2)
A magistrates’ court may not try a written charge in accordance with

section 16A if, at any time before the trial, the accused or the accused‘s

legal representative on the accused‘s behalf gives notice to the

designated officer for the magistrates’ court specified in the two justice

procedure notice that the accused does not desire to be tried in

accordance with section 16A.

(3)
If a magistrates’ court may not try or continue to try a written charge in

accordance with section 16A because the conditions in section 16A(1)

are not satisfied or because of subsection (1) or (2), the

magistrates’court specified in the two justice procedure notice or, if

different, the magistrates’ court trying the written charge must—

(a)
adjourn the trial, if it has begun, and

(b)
issue a summons directed to the accused requiring the accused to

appear before a magistrates’ court for the trial of the written

charge.

(4)
A magistrates’ court issuing a summons under subsection (3)(b) may be

composed of two justices.

16C
Cases that cease to be tried in accordance with section 16A

(1)
If a magistrates’ court decides, after the accused is convicted of the

offence, that it is not appropriate to try the written charge in accordance

with section 16A, the court may not continue to try the charge in that

way.

(2)
If a magistrates’ court trying a written charge in accordance with

section 16A proposes, after the accused is convicted of the offence, to

order the accused to be disqualified under section 34 or 35 of the Road

Traffic Offenders Act 1988—

(a)
the court must give the accused the opportunity to make 5

representations or further representations about the proposed

disqualification, and

(b)
if the accused indicates a wish to make such representations, the

court may not continue to try the case in accordance with

(c)
section 16A.

Public Bill Committee: 20 March 2014
82

Criminal Justice and Courts Bill, continued

(3)
If a magistrates’ court may not continue to try a written charge in

accordance with section 16A because of subsection (1) or (2), the

magistrates’ court must—

(a)
adjourn the trial, and

(b)
issue a summons directed to the accused requiring the accused to

appear before a magistrates’ court to be dealt with in respectof

the offence.

16D
Sections 16B and 16C: further provision

(1)
If a summons is issued under section 16B(3)(b) or 16C(3)(b)—

(a)
a reference in sections 11 to 13 to a summons issued under 20

section 1 is to be read, for the purposes of subsequent

proceedings as regards the matter, as if it included a reference to

a summons issued under section 16B(3)(b) or 16C(3)(b) (as the

case may be), and

(b)
the magistrates’ court that issued the summons under section 25

16B(3)(b) or 16C(3)(b) and the magistrates’ court specified in

the summons are to be treated, for those purposes, as if they

were in the same local justice area.

(2)
If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a

justice of the peace may issue a summons directed to the accused

requiring the accused to appear before the magistrates’ court specified in

the summons under section 16B(3)(b) or 16C(3)(b) for the purpose

specified in that summons; and subsection (1)(a) applies in relation to a

summons under this section as it applies in relation to a summons

under section 16B(3)(b) or 16C(3)(b).

(3)
Where a summons has been issued under section 16B(3)(b) or 16C(3)(b),

a magistrates’ court that afterwards tries the written charge or deals with

the accused for the offence must be—

(a)
composed as described in section 121(1), or

(b)
composed of a District Judge (Magistrates’ Courts) sitting alone

by virtue of section 26 of the Courts Act 2003.

(4)
Where—

(a)
the accused is convicted of an offence before a matter is

adjourned under section 16C(3)(a), and

(b)
the matter is tried after the adjournment by another

magistrates’ court,


that other magistrates’ court is to be treated as if it were the court that

convicted the accused for the purposes of section 142(2).

16E
Accused not aware of two justice procedure notice

(1)
This section applies if—

(a)
a two justice procedure notice has been issued, and

(b)
the written charge is being tried, or has been tried, in

accordance with section 16A.

(2)
The proceedings subsequent to the two justice procedure notice are void

if—

(a)
the accused makes a statutory declaration that the accused did

not know of the two justice procedure notice or the

Public Bill Committee: 20 March 2014
83

Criminal Justice and Courts Bill, continued

proceedings until a date that the accused specifies in the

statutory declaration,

(b)
that date is a date after a magistrates’ court began to try the

written charge,

(c)
the declaration is served on the designated officer for the

magistrates’ court specified in the two justice procedure notice

within 21 days of that date in such manner as Criminal

Procedure Rules may prescribe, and

(d)
at the same time as serving the declaration, the accused

responds to the two justice procedure notice by serving a

written notification on that designated officer.

(3)
Subsection (2) does not affect the validity of a written charge or a two

justice procedure notice.

(4)
A magistrates’ court may accept service of a statutory declaration

required by subsection (2) after the period described in subsection (2)(c)

if, on application by the accused, it appears to the court that it was not

reasonable to expect the accused to serve that statutory declaration

within that period.

(5)
A magistrates’ court that accepts a statutory declaration under

subsection (4) is to be treated as accepting service of a written

notification that is served at the same time.

(6)
A statutory declaration accepted under subsection (4) and a written

notification treated as accepted under subsection (5) are to be treated as

having been served as required by subsection (2)

(7)
If proceedings have become void under subsection (2), the reference in

section 16A to the period within which a written notification must be

served is to be read as referring to a period that ends on—

(a)
the date on which a written notification is served under

subsection (2)(d), or

(b)
if a magistrates’ court is treated as accepting service of a written

notification by virtue of subsection (5), the date on which the

written notification is so treated as accepted.

(8)
If proceedings have become void under subsection (2), the written

charge may not be tried again by any of the same justices.

(9)
A magistrates’ court carrying out functions under subsection (4) may be

composed of a two justices.”.’.

Trial by two justices on the papers: sentencing etc

Mr Andy Slaughter

Dan Jarvis

NC15

To move the following Clause:—

‘(1)
In section 121 of the Magistrates’ Courts Act 1980 (constitution etc of a

magistrates’ court), after subsection (5) insert—



© Parliamentary copyright	Revised 20 March 2014