PART 3 continued
Criminal Justice and Courts BillPage 30
(d)
making an order under section 130(1) of the Powers of Criminal
Courts (Sentencing) Act 2000 (compensation orders);
(e)
ordering payment of a surcharge under section 161A of the
Criminal Justice Act 2003 (victim surcharge);
(f)
5making an order as to costs to be paid by the accused to the
prosecutor under section 18 of the Prosecution of Offences Act
1985;
(g)
making an order as to costs to be paid by the accused by virtue
of section 19 of the Prosecution of Offences Act 1985;
(h)
10ordering payment of a charge under section 21A of the
Prosecution of Offences Act 1985 (criminal courts charge);
(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
15Act 1988 (endorsement of a driving record);
(k)
making an application to the Secretary of State by virtue of
section 24(1)(a) of the Criminal Justice Act 1991 (benefit
deductions);
(l)
making an attachment of earnings order under Part 3 of
20Schedule 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
Courts Act 2003;
(o) 25discharging the accused absolutely or conditionally.
(5B)
The limit in subsection (5) does not apply to fines imposed as described
in subsection (5A).”
Schedule 5 contains further amendments relating to the provision made by
30sections 26 to 29.
(1) In the Prosecution of Offences Act 1985, after Part 2 insert—
(1)
35A court mentioned in section 21B must, at the times listed there, order
a person convicted of an offence to pay a charge in respect of relevant
courts costs, subject to—
(a) subsections (2) and (3), and
(b) section 21C.
Criminal Justice and Courts BillPage 31
(2)
An order must not be made if the person was under 18 when the
offence was committed.
(3)
An order must not be made in a case or class of case prescribed by the
Lord Chancellor by regulations.
(4)
5A court must not take into account the duty under subsection (1) or any
order under this section when dealing with a person (other than under
this section) for an offence or for a failure to comply with a requirement
mentioned in section 21B.
(5) In this section—
10“court costs” means costs of providing the judiciary and the rest of
the system of courts, but does not include defence or
prosecution costs;
“relevant court costs” means court costs incurred in connection
with criminal proceedings or proceedings for a failure to
15comply with a requirement mentioned in section 21B, but does
not include costs of providing the Supreme Court or judges of
that Court.
(1)
A magistrates’ court must make an order under section 21A at the
20following times—
(a) when dealing with the person for the offence;
(b)
when dealing with the person under Schedule 8 to the Criminal
Justice Act 2003 for failure to comply with any of the
requirements of a community order;
(c)
25when dealing with the person under Schedule 12 to the
Criminal Justice Act 2003 for failure to comply with any of the
community requirements of a suspended sentence order;
(d)
when dealing with the person under section 256AC of the
Criminal Justice Act 2003 for failure to comply with a
30supervision requirement imposed under section 256AA of that
Act.
(2)
The Crown Court must make an order under section 21A at the
following times—
(a) when dealing with the person for the offence;
(b)
35when dealing with the person under Schedule 8 to the Criminal
Justice Act 2003 for failure to comply with any of the
requirements of a community order;
(c)
when dealing with the person under Schedule 12 to the
Criminal Justice Act 2003 for failure to comply with any of the
40community requirements of a suspended sentence order;
(d)
when dismissing an appeal by the person against conviction or
sentence for the offence.
(3)
The Court of Appeal must make an order under section 21A at the
following times—
(a)
45when dismissing an appeal under Part 1 of the Criminal Appeal
Act 1968 against the person’s conviction or sentence for the
offence;
Criminal Justice and Courts BillPage 32
(b)
when dismissing an application for leave to bring such an
appeal.
(1)
A charge ordered to be paid under section 21A must be of an amount
5specified by the Lord Chancellor by regulations.
(2)
When specifying amounts under this section, the Lord Chancellor must
seek to secure that an amount specified in respect of a class of case does
not exceed the relevant court costs reasonably attributable to a case of
that class.
(3)
10In this section “relevant court costs” has the same meaning as in section
21A.
(1)
The Lord Chancellor may by regulations provide that a person who is
ordered to pay a charge under section 21A must pay interest on the
15charge if or to the extent that it remains unpaid.
(2) The regulations may, in particular—
(a) make provision about the rate of interest,
(b)
make provision about periods when interest is or is not payable,
and
(c)
20make provision by reference to a measure or document as
amended from time to time.
(3)
The regulations may not make provision for a rate of interest that is
higher than the rate that the Lord Chancellor considers would maintain
the value in real terms of amounts that remain unpaid.
(4)
25An amount of interest payable under the regulations is to be treated as
part of the charge ordered to be paid under section 21A.
(1)
A magistrates’ court may remit the whole or part of a charge ordered
to be paid by a person under section 21A, subject to the restrictions in
30subsections (2) to (4).
(2) It may remit the charge only if—
(a)
it is satisfied that the person has taken all reasonable steps to
pay it, having regard to the person’s personal circumstances, or
(b)
it is satisfied that collection and enforcement of the charge is
35impracticable.
(3)
It may not remit the charge at a time when the person is detained in
prison.
(4) It may not remit the charge unless each of following has expired—
(a)
a specified period beginning with the day on which an order
40under section 21A was last made in respect of the person;
(b)
a specified period beginning with the day on which the person
was last convicted of an offence;
(c)
where relevant, a specified period beginning with the day on
which the person was last released from prison.
Criminal Justice and Courts BillPage 33
(5)
Where a court remits a charge under section 21A after an order has been
made under section 300(2) of the Criminal Justice Act 2003 (power to
impose unpaid work requirement etc on fine defaulter) for default in
paying the charge (or the charge and other amounts), the court must—
(a)
5reduce the total number of hours or days to which the order
relates by the same proportion as the amount remitted bears to
the total amount in respect of which the order was made, or
(b)
if the total number of hours or days would be reduced to nil
under paragraph (a), revoke the order.
(6)
10In calculating a reduction required by subsection (5), any fraction of an
hour or day is to be rounded down to the nearest hour or day.
(7) In this section—
“prison” includes any place where a person serving a sentence of
detention for an offence is liable to be detained;
15“specified period” means a period of a length specified by the Lord
Chancellor by regulations.
Regulations under this Part may include transitional, transitory and
saving provision.”
(2)
20In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where
payment enforceable as on summary conviction)—
(a) after paragraph 9 insert—
“9A
Where a court orders the payment of a charge in respect of
relevant court costs under section 21A of the Prosecution of
25Offences Act 1985.”,
(b) re-number paragraph 13 as paragraph 12A, and
(c) re-number paragraph 13A as paragraph 12B.
(3)
Schedule 6 to this Act makes further provision about the criminal courts
charge.
(4)
30Section 21A of the Prosecution of Offences Act 1985 applies only in relation to
a person convicted of an offence committed after that section comes into force.
(1)
After the end of the initial period, the Lord Chancellor must carry out a review
of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by
35section 31).
(2)
“The initial period” is the period of 3 years beginning with the day on which
section 31(1) comes into force.
(3)
If the Lord Chancellor considers it appropriate, having regard to the
conclusions reached on the review, the Lord Chancellor must by regulations
40repeal Part 2A of the Prosecution of Offences Act 1985.
(4)
Regulations under this section may include consequential, transitional,
transitory and saving provision, including provision amending an Act
(whenever passed or made).
(5) Regulations under this section are to be made by statutory instrument.
Criminal Justice and Courts BillPage 34
(6)
A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.
(1)
Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed
on conviction) is amended as follows.
(2)
For paragraph 21 (application of Part 6: variation of collection orders
containing payment terms) substitute—
“21 10This Part applies if—
(a) the court has made a collection order, and
(b)
the order contains payment terms but does not contain
reserve terms.”
(3) In paragraph 22 (variation of collection order)—
(a) 15omit sub-paragraph (1),
(b)
in sub-paragraph (2), for “P may apply for” substitute “P may at any
time apply to the fines officer under this paragraph for”,
(c) in sub-paragraph (4)(a), omit “in P’s favour”,
(d) after sub-paragraph (4) insert—
“(4A)
20The fines officer may not vary the payment terms under sub-
paragraph (4)(a) so that they are less favourable to P without
P’s consent.”, and
(e) for sub-paragraph (7) substitute—
“(7)
The fines officer may not vary the order so that it states
25reserve terms which are less favourable to P than the
payment terms without P’s consent.”
(4)
In paragraph 25 (application of Part 7: effect of first default on collection order
containing payment terms), for paragraphs (a) and (b) substitute—
“(a)
an application to a fines officer under paragraph 22
30(application for variation of order or for attachment of
earnings order etc) that was made at a time when P was not
in default on the collection order;
(b)
an appeal under paragraph 23 against a decision of a fines
officer on an application described in paragraph (a);”.
(5) 35In paragraph 31 (variation of reserve terms)—
(a) for sub-paragraph (1) substitute—
“(1)
P may, at any time after the date of a payment notice under
paragraph 30, apply to the fines officer for the reserve terms
to be varied.”,
(b) 40in sub-paragraph (3)(a), omit “in P’s favour”, and
Criminal Justice and Courts BillPage 35
(c) after sub-paragraph (3) insert—
“(3A)
The fines officer may not vary the reserve terms under sub-
paragraph (3)(a) so that they are less favourable to P without
P’s consent.”
(6)
5In paragraph 37 (functions of fines officer in relation to defaulters: referral or
further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii)
substitute—
“(i)
an application to a fines officer under paragraph 31
(application for variation of reserve terms) that was
10made at a time when P was not in default on the
collection order;
(ii)
an appeal under paragraph 32 against a decision of a
fines officer on an application described in sub-
paragraph (i);”.
(1)
Part 2 of the Administration of Justice Act 1969 (appeal from High Court to
Supreme Court) is amended as follows.
(2)
In section 12 (grant of a certificate by the trial judge enabling an appeal to the
20Supreme Court), in subsection (1)—
(a)
in paragraph (a), after “those proceedings” insert “or that the conditions
in subsection (3A) (“the alternative conditions”) are satisfied in relation
to those proceedings”;
(b)
omit paragraph (c) (requirement that all parties consent to the grant of
25the certificate) and the “and” before it.
(3) After subsection (3) insert—
“(3A)
The alternative conditions, in relation to a decision of the judge in any
proceedings, are that a point of law of general public importance is
involved in the decision and that—
(a)
30the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,
(b)
the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the judge, a hearing
35by the Supreme Court is justified, or
(c)
the judge is satisfied that the benefits of earlier consideration by
the Supreme Court outweigh the benefits of consideration by
the Court of Appeal.”
(4)
In section 16 (application of Part 2 to Northern Ireland), after subsection (1)
40insert—
“(1A)
In the application of this Part of this Act to Northern Ireland, section 12
has effect as if—
(a)
in subsection (1)(a) there were omitted “or that the conditions in
subsection (3A) (“the alternative conditions”) are satisfied in
45relation to those proceedings”;
Criminal Justice and Courts BillPage 36
(b) after subsection (1)(b) there were inserted “, and
“(c)
that all the parties to the proceedings consent to the
grant of a certificate under this section,”;
(c) subsection (3A) were omitted.”
In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—
(1) If the Upper Tribunal is satisfied that—
(a)
the conditions in subsection (4) or (5) are fulfilled in relation to
10the Upper Tribunal’s decision in any proceedings, and
(b)
as regards that decision, a sufficient case for an appeal to the
Supreme Court has been made out to justify an application
under section 14B,
the Upper Tribunal may grant a certificate to that effect.
(2)
15The Upper Tribunal may grant a certificate under this section only on
an application made by a party to the proceedings.
(3)
The Upper Tribunal may grant a certificate under this section only if the
relevant appellate court as regards the proceedings is—
(a) the Court of Appeal in England and Wales, or
(b) 20the Court of Appeal in Northern Ireland.
(4)
The conditions in this subsection are that a point of law of general
public importance is involved in the decision of the Upper Tribunal and
that point of law is—
(a) a point of law that—
(i)
25relates wholly or mainly to the construction of an
enactment or statutory instrument, and
(ii)
has been fully argued in the proceedings and fully
considered in the judgment of the Upper Tribunal in the
proceedings, or
(b) 30a point of law—
(i)
in respect of which the Upper Tribunal is bound by a
decision of the relevant appellate court or the Supreme
Court in previous proceedings, and
(ii)
that was fully considered in the judgments given by the
35relevant appellate court or, as the case may be, the
Supreme Court in those previous proceedings.
(5)
The conditions in this subsection are that a point of law of general
public importance is involved in the decision of the Upper Tribunal and
that—
(a)
40the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,
(b)
the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Upper Tribunal, a
45hearing by the Supreme Court is justified, or
Criminal Justice and Courts BillPage 37
(c)
the Upper Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.
(6)
Before the Upper Tribunal decides an application made to it under this
5section, the Upper Tribunal must specify the court that would be the
relevant appellate court if the application were an application for
permission (or leave) under section 13.
(7)
In this section except subsection (6) and in sections 14B and 14C, “the
relevant appellate court”, as respects an application, means the court
10specified as respects that application by the Upper Tribunal under
subsection (6).
(8)
No appeal lies against the grant or refusal of a certificate under
subsection (1).
(1)
15If the Upper Tribunal grants a certificate under section 14A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.
(2) An application under subsection (1) must be made—
(a)
within one month from the date on which that certificate is
20granted, or
(b)
within such time as the Supreme Court may allow in a
particular case.
(3)
If on such an application it appears to the Supreme Court to be
expedient to do so, the Supreme Court may grant permission for such
25an appeal.
(4) If permission is granted under this section—
(a)
no appeal from the decision to which the certificate relates lies
to the relevant appellate court, but
(b) an appeal lies from that decision to the Supreme Court.
(5)
30An application under subsection (1) is to be determined without a
hearing.
(6)
Subject to subsection (4), no appeal lies to the relevant appellate court
from a decision of the Upper Tribunal in respect of which a certificate
is granted under section 14A until—
(a)
35the time within which an application can be made under
subsection (1) has expired, and
(b)
where such an application is made, that application has been
determined in accordance with this section.
(1)
40No certificate may be granted under section 14A in respect of a decision
of the Upper Tribunal in any proceedings where, by virtue of any
enactment (other than sections 14A and 14B), no appeal would lie from
that decision of the Upper Tribunal to the relevant appellate court, with
or without the permission (or leave) of the Upper Tribunal or the
45relevant appellate court.
Criminal Justice and Courts BillPage 38
(2)
No certificate may be granted under section 14A in respect of a decision
of the Upper Tribunal in any proceedings where, by virtue of any
enactment, no appeal would lie from a decision of the relevant
appellate court on that decision of the Upper Tribunal to the Supreme
5Court, with or without the permission (or leave) of the relevant
appellate court or the Supreme Court.
(3)
Where no appeal would lie to the relevant appellate court from the
decision of the Upper Tribunal except with the permission (or leave) of
the Upper Tribunal or the relevant appellate court, no certificate may
10be granted under section 14A in respect of a decision of the Upper
Tribunal unless it appears to the Upper Tribunal that it would be a
proper case for giving permission (or leave) to appeal to the relevant
appellate court.
(4)
No certificate may be granted under section 14A in respect of a decision
15or order of the Upper Tribunal made by it in the exercise of its
jurisdiction to punish for contempt.”
In the Employment Tribunals Act 1996, after section 37 insert—
(1) 20If the Appeal Tribunal is satisfied that—
(a)
the conditions in subsection (4) or (5) are fulfilled in relation to
the Appeal Tribunal’s decision or order in any proceedings, and
(b)
as regards that decision or order, a sufficient case for an appeal
to the Supreme Court has been made out to justify an
25application under section 37B,
the Appeal Tribunal may grant a certificate to that effect.
(2)
The Appeal Tribunal may grant a certificate under this section only on
an application made by a party to the proceedings.
(3)
The Appeal Tribunal may not grant a certificate under this section in
30the case of proceedings in Scotland.
(4)
The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that point of law is—
(a) a point of law that—
(i)
35relates wholly or mainly to the construction of an
enactment or statutory instrument, and
(ii)
has been fully argued in the proceedings and fully
considered in the judgment of the Appeal Tribunal in
the proceedings, or
(b) 40a point of law—
(i)
in respect of which the Appeal Tribunal is bound by a
decision of the Court of Appeal or the Supreme Court in
previous proceedings, and
(ii)
that was fully considered in the judgments given by the
45Court of Appeal or, as the case may be, the Supreme
Court in those previous proceedings.
Criminal Justice and Courts BillPage 39
(5)
The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that—
(a)
the proceedings entail a decision relating to a matter of national
5importance or consideration of such a matter,
(b)
the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Appeal Tribunal,
a hearing by the Supreme Court is justified, or
(c)
10the Appeal Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.
(6)
No appeal lies against the grant or refusal of a certificate under
subsection (1).
(1)
If the Appeal Tribunal grants a certificate under section 37A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.
(2) An application under subsection (1) must be made—
(a)
20within one month from the date on which the certificate is
granted, or
(b)
within such time as the Supreme Court may allow in a
particular case.
(3)
If on such an application it appears to the Supreme Court to be
25expedient to do so, the Supreme Court may grant permission for such
an appeal.
(4) If permission is granted under this section—
(a)
no appeal from the decision or order to which the certificate
relates lies to the Court of Appeal, but
(b) 30an appeal lies from that decision or order to the Supreme Court.
(5)
An application under subsection (1) is to be determined without a
hearing.
(6)
Subject to subsection (4), no appeal lies to the Court of Appeal from a
decision or order of the Appeal Tribunal in respect of which a certificate
35is granted under section 37A until—
(a)
the time within which an application can be made under
subsection (1) has expired, and
(b)
where such an application is made, that application has been
determined in accordance with this section.
(1)
No certificate may be granted under section 37A in respect of a decision
or order of the Appeal Tribunal in any proceedings where, by virtue of
any enactment (other than sections 37A and 37B), no appeal would lie
from that decision or order of the Appeal Tribunal to the Court of
45Appeal, with or without the leave or permission of the Appeal Tribunal
or the Court of Appeal.