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Criminal Justice and Courts BillPage 30

(b) issue a summons directed to the accused requiring the accused
to appear before a magistrates’ court to be dealt with in respect
of the offence.

16D Sections 16B and 16C: further provision

(1) 5If a summons is issued under section 16B(3)(b) or 16C(3)(b), a reference
in sections 11 to 13 to a summons issued under 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).

(2) 10If 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 a magistrates’ court for the
purpose specified in the earlier summons; and subsection (1) applies in
relation to a summons under this section as it applies in relation to a
15summons 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) 20composed 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) 25the 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 single justice procedure notice

(1) 30This section applies if—

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

(b) the written charge is being tried, or has been tried, in
accordance with section 16A.

(2) This section does not apply if the trial of the written charge has been
35adjourned under section 16B(3)(a) or 16C(3)(a).

(3) The proceedings subsequent to the single justice procedure notice are
void if—

(a) the accused makes a statutory declaration that the accused did
not know of the single justice procedure notice or the
40proceedings 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 specified in
45the single justice procedure notice within 21 days of that date in
such manner as Criminal Procedure Rules may prescribe, and

Criminal Justice and Courts BillPage 31

(d) at the same time as serving the declaration, the accused
responds to the single justice procedure notice by serving a
written notification on that designated officer.

(4) Subsection (3) does not affect the validity of a written charge or a single
5justice procedure notice.

(5) A magistrates’ court may accept service of a statutory declaration
required by subsection (3) after the period described in subsection (3)(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
10within that period.

(6) A magistrates’ court that accepts a statutory declaration under
subsection (5) is to be treated as accepting service of a written
notification that is served at the same time.

(7) A statutory declaration accepted under subsection (5) and a written
15notification treated as accepted under subsection (6) are to be treated as
having been served as required by subsection (3).

(8) If proceedings have become void under subsection (3), 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) 20the date on which a written notification is served under
subsection (3)(d), or

(b) if a magistrates’ court is treated as accepting service of a written
notification by virtue of subsection (6), the date on which the
written notification is so treated as accepted.

(9) 25If proceedings have become void under subsection (3), the written
charge may not be tried again by any of the same justices.

(10) A magistrates’ court carrying out functions under subsection (5) may
be composed of a single justice.

31 Trial by single justice on the papers: sentencing etc

30In section 121 of the Magistrates’ Courts Act 1980 (constitution etc of a
magistrates’ court), after subsection (5) insert—

(5A) A magistrates’ court that is trying a summary offence in accordance
with section 16A is restricted to the following in dealing with the
accused for the offence—

(a) 35imposing a fine;

(b) imposing a penalty under section 102(3)(aa) of the Customs and
Excise Management Act 1979 or section 29, 35A or 37 of the
Vehicle Excise and Registration Act 1994 (penalties imposed for
certain offences in relation to vehicle excise licences);

(c) 40ordering an amount to be paid under section 30, 36 or 38 of the
Vehicle Excise and Registration Act 1994 (liability to additional
duty);

(d) making an order under section 130(1) of the Powers of Criminal
Courts (Sentencing) Act 2000 (compensation orders);

(e) 45ordering payment of a surcharge under section 161A of the
Criminal Justice Act 2003 (victim surcharge);

Criminal Justice and Courts BillPage 32

(f) making 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
5of section 19 of the Prosecution of Offences Act 1985;

(h) ordering 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) 10making an order under section 44 of the Road Traffic Offenders
Act 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) 15making 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
20Courts Act 2003;

(o) discharging the accused absolutely or conditionally.

(5B) The limit in subsection (5) does not apply to fines imposed as described
in subsection (5A).

32 Further amendments

25Schedule 6 contains further amendments relating to the provision made by
sections 28 to 31.

Committal to Crown Court for sentence

33 Committal of young offenders convicted of certain serious offences

(1) In section 3B of the Powers of Criminal Courts (Sentencing) Act 2000
30(committal for sentence on indication of guilty plea by child or young person),
for subsection (1) substitute—

(1) This section applies where on the summary trial of an offence
mentioned in section 91(1) of this Act a person aged under 18 is
convicted of the offence.

(2) 35For the heading of that section substitute “Committal for sentence of young
offenders on summary trial of certain serious offences”.

(3) The amendment made by subsection (1) applies only if the person convicted of
the offence first appeared in respect of the offence after the day on which the
amendment comes into force.

(4) 40For the purposes of subsection (3), a person first appears in respect of an
offence when the person first appears or is brought before a magistrates’ court
in the proceedings in which the person is charged with the offence.

Criminal Justice and Courts BillPage 33

Costs of criminal courts

34 Criminal courts charge

(1) In the Prosecution of Offences Act 1985, after Part 2 insert—

Part 2A

Court costs in criminal cases

21A Criminal courts charge

(1) 5A 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
court costs, subject to—

(a) subsections (2) and (3), and

(b) section 21C.

(2) 10An 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) A court must not take into account the duty under subsection (1) or any
15order 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—

21B Criminal courts charge: courts and times

(1) A magistrates’ court must make an order under section 21A at the
following times—

(a) 30when 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) when dealing with the person under Schedule 12 to the
35Criminal 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
supervision requirement imposed under section 256AA of that
40Act.

(2) The Crown Court must make an order under section 21A at the
following times—

Criminal Justice and Courts BillPage 34

(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) 5when 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 dismissing an appeal by the person against conviction or
sentence for the offence.

(3) 10The Court of Appeal must make an order under section 21A at the
following times—

(a) when dismissing an appeal under Part 1 of the Criminal Appeal
Act 1968 against the person’s conviction or sentence for the
offence;

(b) 15when dismissing an application for leave to bring such an
appeal.

21C Amount of criminal courts charge

(1) A charge ordered to be paid under section 21A must be of an amount
specified by the Lord Chancellor by regulations.

(2) 20When 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) In this section “relevant court costs” has the same meaning as in section
2521A.

21D Interest on criminal courts charge

(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
charge if or to the extent that it remains unpaid.

(2) 30The 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) make provision by reference to a measure or document as
35amended 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) An amount of interest payable under the regulations is to be treated as
40part of the charge ordered to be paid under section 21A.

21E Power to remit criminal courts charge

(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
subsections (2) to (4).

(2) 45It may remit the charge only if—

Criminal Justice and Courts BillPage 35

(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
impracticable.

(3) 5It 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
under section 21A was last made in respect of the person;

(b) 10a 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.

(5) Where a court remits a charge under section 21A after an order has been
15made 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) reduce the total number of hours or days to which the order
relates by the same proportion as the amount remitted bears to
20the 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) In 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) 25In this section—

21F 30Regulations under this Part

Regulations under this Part may include transitional, transitory and
saving provision.

(2) In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where
payment enforceable as on summary conviction)—

(a) 35after 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
Offences Act 1985.,

(b) re-number paragraph 13 as paragraph 12A, and

(c) 40re-number paragraph 13A as paragraph 12B.

(3) Schedule 7 to this Act makes further provision about the criminal courts
charge.

(4) Section 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.

Criminal Justice and Courts BillPage 36

35 Duty to review criminal courts charge

(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
section 34).

(2) 5“The initial period” is the period of 3 years beginning with the day on which
section 34(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
repeal Part 2A of the Prosecution of Offences Act 1985.

(4) 10Regulations 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.

(6) A statutory instrument containing regulations under this section may not be
15made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

Collection of fines etc

36 Variation of collection orders etc

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed
20on conviction) is amended as follows.

(2) For paragraph 21 (application of Part 6: variation of collection orders
containing payment terms) substitute—

21 This Part applies if—

(a) the court has made a collection order, and

(b) 25the order contains payment terms but does not contain
reserve terms.

(3) In paragraph 22 (variation of collection order)—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2), for “P may apply for” substitute “P may at any
30time 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) The fines officer may not vary the payment terms under sub-
paragraph (4)(a) so that they are less favourable to P without
35P’s consent., and

(e) for sub-paragraph (7) substitute—

(7) The fines officer may not vary the order so that it states
reserve terms which are less favourable to P than the
payment terms without P’s consent.

(4) 40In paragraph 25 (application of Part 7: effect of first default on collection order

Criminal Justice and Courts BillPage 37

containing payment terms), for paragraphs (a) and (b) substitute—

(a) an application to a fines officer under paragraph 22
(application for variation of order or for attachment of
earnings order etc) that was made at a time when P was not
5in 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) In paragraph 31 (variation of reserve terms)—

(a) for sub-paragraph (1) substitute—

(1) 10P 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) in sub-paragraph (3)(a), omit “in P’s favour”, and

(c) after sub-paragraph (3) insert—

(3A) 15The 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) In 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)
20substitute—

(i) an application to a fines officer under paragraph 31
(application for variation of reserve terms) that was
made at a time when P was not in default on the
collection order;

(ii) 25an appeal under paragraph 32 against a decision of a
fines officer on an application described in sub-
paragraph (i);.

Appeals in civil proceedings

37 Appeals from the High Court to the Supreme Court

(1) 30Part 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
Supreme Court), in subsection (1)—

(a) in paragraph (a), after “those proceedings” insert “or that the conditions
35in 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
the certificate) and the “and” before it.

(3) After subsection (3) insert—

(3A) 40The 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) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

Criminal Justice and Courts BillPage 38

(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
by the Supreme Court is justified, or

(c) 5the 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)
insert—

(1A) 10In 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
relation to those proceedings”;

(b) 15after 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.

38 Appeals from the Upper Tribunal to the Supreme Court

20In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—

14A Appeal to Supreme Court: grant of certificate by Upper Tribunal

(1) If the Upper Tribunal is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
the Upper Tribunal’s decision in any proceedings, and

(b) 25as 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) The Upper Tribunal may grant a certificate under this section only on
30an 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) the Court of Appeal in Northern Ireland.

(4) 35The 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) relates wholly or mainly to the construction of an
40enactment 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) a point of law—

Criminal Justice and Courts BillPage 39

(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
5relevant 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) 10the 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
15hearing by the Supreme Court is justified, or

(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
20section, 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
25specified 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).

14B Appeal to Supreme Court: permission to appeal

(1) 30If 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
35granted, 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
40an 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) 45An application under subsection (1) is to be determined without a
hearing.

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