Prisons and Courts Bill (HC Bill 170)

Prisons and Courts BillPage 140

(b) does not affect any other determination which may fall to be
made in connection with the proceedings or claim in
question.

(7) In the application of this section to Scotland, references to costs are to
5be read as references to expenses.”

36 In section 49 (orders and regulations under Part 1: supplemental and
procedural provisions), after subsection (8) insert—

(8A) A statutory instrument that contains regulations under section 29H
is subject to annulment in pursuance of a resolution of either House
10of Parliament.”

37 (1) In Schedule 5 (Tribunal Procedure Rules), paragraph 3 is amended as
follows.

(2) In sub-paragraph (1), for “40(1)” substitute “2(1) of the Courts Act 2003 or
section 40(1) of this Act”.

(3) 15At the end insert—

(3) A person may exercise functions by virtue of this paragraph only
if authorised to do so by the Senior President of Tribunals.

(4) An authorisation under this paragraph—

(a) may be subject to conditions, and

(b) 20may be varied or revoked by the Senior President of
Tribunals at any time.

(5) The Senior President of Tribunals may delegate to one or more of
the following the Senior President of Tribunals’ functions under
the preceding provisions of this paragraph—

(a) 25a judicial office holder;

(b) a person appointed under section 2(1) of the Courts Act
2003 or section 40(1) of this Act.

(6) A person to whom functions are delegated under sub-paragraph
(5)(b) is not subject to the direction of any person other than the
30Senior President of Tribunals or a judicial office holder when
exercising the functions.

(7) Subsections (3) to (5) of section 8 apply to a delegation under sub-
paragraph (5) as they apply to a delegation under subsection (1) of
that section.

(8) 35In this paragraph “judicial office holder” has the meaning given by
section 109(4) of the Constitutional Reform Act 2005.”

Section 51

SCHEDULE 12 Abolition of local justice areas

Magistrates’ Courts Act 1980

1 40The Magistrates’ Courts Act 1980 is amended as follows.

Prisons and Courts BillPage 141

2 (1) In section 27A (power to transfer criminal proceedings), for subsections (1)
and (2) substitute—

(1) A magistrates’ court may at any time, whether before or after
beginning to hear—

(a) 5the trial of any person for an offence, or

(b) an inquiry into the offence as examining justices,

transfer the matter to another magistrates’ court.”

3 In section 43(2) (bail on arrest: enforcement of recognizance), omit the words
following “court”.

4 10In section 57A(1) (power to transfer civil proceedings other than family
proceedings), for “hearing” substitute “matter”.

5 In section 77(5) (postponement of issue of warrant: reference of application
to court), omit “acting in the local justice area in which the warrant has been
or would have been issued”.

6 15In section 84(1) (power to require statement of assets and other financial
circumstances), omit “acting in the same local justice area as that court”.

7 (1) Section 87 (enforcement of payment of fines by High Court and county
court) is amended as follows.

(2) In subsection (1A), for “the fines” substitute “a fines”.

(3) 20In subsection (3A), for “The fines” (in the first place) substitute “A fines”.

8 Omit section 89 (transfer of fine order).

9 (1) Section 90 (transfer of fines to Scotland or Northern Ireland) is amended as
follows.

(2) In subsection (1)—

(a) 25for “the fines” (in the first place) substitute “a fines”,

(b) omit the “or” at the end of paragraph (a),

(c) omit paragraph (b), and

(d) omit “or, as the case may be, in that petty sessions district”.

(3) After that subsection insert—

(1A) 30Where—

(a) a magistrates’ court has, or is treated by any enactment as
having, adjudged a person by a conviction to pay a sum, and

(b) it appears to the court (or where that sum is the subject of a
collection order, it appears to the court or a fines officer as the
35case may be) that the person is residing in Northern Ireland,

the court (or the fines officer as the case may be) may order that
payment of the sum shall be enforceable in Northern Ireland.”

(4) In subsection (2)—

(a) for “this section” substitute “subsection (1)”,

(b) 40omit “or petty sessions district in which”,

(c) omit the “and” at the end of paragraph (a), and

(d) omit paragraph (b).

Prisons and Courts BillPage 142

(5) At the end insert—

(4) In this section, references to this Part of this Act do not include
references to section 81(1).”

10 For section 91 substitute—

91 5Transfer of fines from Scotland or Northern Ireland

(1) Where a transfer order provides that payment of a sum is enforceable
in England and Wales, any magistrates’ court in England and Wales,
any designated officer for such a court and any fines officer have the
same functions under any enactment in respect of the sum (including
10power to make an order under section 90) as they would have if—

(a) the sum were a sum adjudged to be paid by a conviction of a
magistrates’ court in England and Wales, and

(b) any order made under the Criminal Procedure (Scotland) Act
1995 or the Magistrates’ Courts (Northern Ireland) Order
151981 (S.I. 1981/1675 (N.I. 26)S.I. 1981/1675 (N.I. 26)) in respect of the sum before the
making of the transfer order had been made by a magistrates’
court in England and Wales.

(2) For the purpose of determining the period of imprisonment which
may be imposed under this Act in default of payment of a fine
20originally imposed by a court in Scotland, Schedule 4 to this Act has
effect as if for the Table set out in paragraph 1 there were substituted
the Table set out in section 219 of the Criminal Procedure (Scotland)
Act 1995.

(3) In this section “transfer order” means an order under—

(a) 25section 222 of the Criminal Procedure (Scotland) Act 1995, or

(b) Article 95 of the Magistrates’ Courts (Northern Ireland)
Order 1981.”

11 In section 148(2) (meaning of “magistrates’ court”)—

(a) for “this Act” substitute “any enactment”, and

(b) 30omit “acting in the same local justice area as that court”.

12 In section 150(1) (interpretation), omit the definition of “the fines officer”.

Senior Courts Act 1981

13 In section 8 of the Senior Courts Act 1981 (the Crown Court), omit subsection
(2).

35Police and Criminal Evidence Act 1984

14 For section 46 of the Police and Criminal Evidence Act 1984 substitute—

46 Detention after charge

(1) This section applies where a person—

(a) is charged with an offence; and

(b) 40after being charged—

(i) is kept in police detention; or

(ii) is detained by a local authority in pursuance of
arrangements made under section 38(6).

Prisons and Courts BillPage 143

(2) The person must be brought before a magistrates’ court as soon as
practicable, and in any event not later than—

(a) if the day after the charge day is Christmas Day, Good Friday
or a Sunday, the first day after the charge day which is not
5one of those days; and

(b) in any other case, the day after the charge day.

(3) “The charge day” is the day on which the person is charged with the
offence.

(4) Nothing in this section requires a person who is in hospital to be
10brought before a court if the person is not well enough.”

Local Government (Wales) Act 1994

15 (1) Section 55 of the Local Government (Wales) Act 1994 (magistrates’ courts,
justices of the peace etc) is amended as follows.

(2) In subsection (2)—

(a) 15omit the “and” at the end of paragraph (a), and

(b) omit paragraph (b).

(3) Omit subsection (3).

(4) Nothing in this paragraph affects any order made under section 55 before
this paragraph comes into force.

20Powers of Criminal Courts (Sentencing) Act 2000

16 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

17 Omit section 10 (power of magistrates’ court to remit case to another
magistrates’ court for sentence).

18 In section 22(2A) (attendance at panel meetings), omit the words following
25“youth court”.

19 In section 36B(10) (electronic monitoring requirement: relevant area for
purposes of attendance centre order), omit “local justice”.

20 In section 73(6) (reparation orders), for “proposed to be named in the order
under section 74(4) below” substitute “in which it appears to the court that
30the offender resides or will reside”.

21 (1) Section 74 (requirements and provisions of reparation order, and obligations
of persons subject to it) is amended as follows.

(2) Omit subsection (4).

(3) For subsection (5)(a) substitute—

(a) 35an officer of a provider of probation services;”.

(4) Omit subsections (6) and (6A).

22 (1) Section 103 (period of supervision) is amended as follows.

(2) In subsection (3)(a), omit “an officer of a local probation board or”.

(3) Omit subsections (4) and (4A).

Prisons and Courts BillPage 144

23 In section 104 (breach of supervision requirements), for subsection (2)
substitute—

(2) Any summons or warrant issued under this section shall direct the
offender to appear or be brought before a youth court.”

24 (1) 5Section 140 (enforcement of fines imposed and recognizances forfeited by
Crown Court) is amended as follows.

(2) For subsection (1) substitute—

(1) Subject to subsection (5) below, a fine imposed or a recognizance
forfeited by the Crown Court shall be treated for the purposes of
10collection, enforcement and remission of the fine or other sum—

(a) as having been imposed or forfeited by a magistrates’ court,
and

(b) in the case of a fine, as having been so imposed on conviction
by such a court.”

(3) 15In subsection (4), omit “(except the references in subsection (1)(b))”.

(4) In subsection (6)—

(a) for “Justices of the Peace Act 1997” substitute “Courts Act 2003”, and

(b) for “60 of that Act (application of fines and fees)” substitute “38 of
that Act (application of receipts)”.

25 (1) 20Schedule 1 (youth offender panels: further court proceedings) is amended as
follows.

(2) In paragraph 1(2)—

(a) in paragraph (a), omit the words from “acting in” to “will reside”,
and

(b) 25in paragraph (b), omit “acting in that area”.

(3) In paragraph 3(2), for “acting in the local justice area in which the court acts”
substitute “of the peace”.

(4) In paragraph 9ZB(2)—

(a) in paragraph (a), omit the words from “acting in” to “will reside”,
30and

(b) in paragraph (b), omit “acting in that area”.

(5) In paragraph 9C(2), for “acting in the local justice area in which the court
acts” substitute “of the peace”.

26 (1) Schedule 5 (breach, revocation and amendment of attendance centre orders)
35is amended as follows.

(2) For paragraph 1(2) substitute—

(2) Any summons or warrant issued under this paragraph shall direct
the offender to appear or be brought before a magistrates’ court.”

(3) For paragraph 4(2)(b)(i) substitute—

(i) 40any magistrates’ court;”.

(4) In paragraph 5—

(a) in sub-paragraph (1), for “an appropriate” substitute “a”, and

(b) omit sub-paragraph (2).

Prisons and Courts BillPage 145

27 (1) Schedule 8 (breach, revocation and amendment of reparation orders) is
amended as follows.

(2) In paragraph 2, for sub-paragraph (1) substitute—

(1) This paragraph applies if, while a reparation order is in force in
5respect of an offender, it is proved to the satisfaction of a youth
court, on the application of the responsible officer, that the
offender has failed to comply with any requirement included in
the order.”

(3) In paragraph 5—

(a) 10in sub-paragraphs (1) and (3), for “the relevant court” substitute “a
youth court”, and

(b) omit sub-paragraph (4).

(4) In paragraph 6—

(a) in sub-paragraph (4), omit “(“the relevant court”)”, and

(b) 15omit sub-paragraph (5), and

(c) in sub-paragraph (7)—

(i) omit “other than the relevant court”, and

(ii) for “the relevant court could” substitute “a youth court
could”.

20Criminal Justice and Police Act 2001

28 The Criminal Justice and Police Act 2001 is amended as follows.

29 In section 3(3)(f) (payment of penalty to designated officer), for “local justice
area” substitute “magistrates’ court”.

30 In section 8(2) (registration certificate to be sent to designated officer), for
25“the local justice area in which the defaulter appears to that officer to reside”
substitute “a magistrates’ court”.

31 (1) Section 9 (registration of sums payable in default) is amended as follows.

(2) In subsection (1)—

(a) for “local justice area” substitute “magistrates’ court”,

(b) 30omit “in that area”, and

(c) for “a magistrates’ court acting for that area” substitute “the
magistrates’ court”.

(3) Omit subsection (2).

Courts Act 2003

32 35The Courts Act 2003 is amended as follows.

33 Omit section 8 (local justice areas).

34 (1) Section 10 (appointment of lay justices etc) is amended as follows.

(2) Omit subsections (2), (2ZA) and (2A).

(3) In subsection (3)—

(a) 40for “in any local justice area (whether or not he is assigned to it);”
substitute “anywhere in England and Wales;”, and

Prisons and Courts BillPage 146

(b) for the words following “made” substitute “under section 10A”.

(4) Omit subsection (4).

(5) Omit subsections (6) and (7).

35 After section 10 insert—

10A 5Management of lay justices

(1) The Lord Chief Justice may make arrangements for—

(a) the deployment, training, development and appraisal of lay
justices,

(b) the approval of lay justices before they may preside in court,
10and

(c) the authorisation of lay justices as judges of the family court
or as members of youth courts.

(2) The functions conferred on the Lord Chief Justice by this section may
be exercised only after consulting the Lord Chancellor.

(3) 15The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise the Lord Chief Justice’s functions under this section.”

36 Omit section 13(2) (entry in supplemental list: chair of lay justices in a local
justice area).

37 20In section 16 (records of lay justices), for subsections (1) to (3) substitute—

(1) The Lord Chancellor must appoint a person to be keeper of the rolls.

(2) The keeper of the rolls must be notified, in such manner as the Lord
Chancellor may direct, of—

(a) any appointment of a lay justice, and

(b) 25the fact that a lay justice has ceased to be a justice of the peace
or that the justice’s name has been entered in or removed
from the supplemental list.

(3) The keeper of the rolls must ensure that an accurate record is
maintained of all lay justices.”

38 30Omit sections 17 to 20 (provisions about chairmen, deputy chairmen and the
bench).

39 In section 21(1)(a) (matters affecting lay justices), omit “acting in a local
justice area”.

40 In section 25(2) (District Judges (Magistrates’ Courts) as justices of the
35peace), for “in any local justice area” substitute “anywhere in England and
Wales”.

41 Omit section 27(3) to (4C) (assignment of justices’ clerks to local justice
areas).

42 (1) Section 30 (places, dates and times of sittings) is amended as follows.

(2) 40In subsection (2), for “persons resident in each local justice area” substitute
“the public”.

Prisons and Courts BillPage 147

(3) In subsection (5), for “in the local justice area in which” (in each place)
substitute “near to where”.

43 After section 36A insert—

36B Exercise of functions by fines officers

5Anything authorised or required by any enactment to be done by or
to a fines officer by or to whom any other thing was done, or is to be
done, may be done by or to any other fines officer.”

44 In section 37(1) (designated officers and magistrates’ courts)—

(a) for “court, justice of the peace or local justice area,” substitute “court
10or justice of the peace,”, and

(b) in paragraph (b), for “court, justice of the peace or area” substitute
“court or justice of the peace”.

45 In section 38(1)(c) (application of receipts of designated officers)—

(a) omit the “or” at the end of sub-paragraph (i), and

(b) 15omit sub-paragraph (ii).

46 (1) Section 97 (collection of fines and discharge of fines by unpaid work) is
amended as follows.

(2) In subsections (5) and (6) omit “local justice”.

(3) In subsection (7)(a), for “local justice areas” substitute “of England and
20Wales”.

(4) Nothing in this paragraph affects any order made under section 97 before
this paragraph comes into force.

47 In section 108 (rules, regulations and orders), omit subsection (4)(a)
(including the “or” at the end).

48 (1) 25Schedule 5 (collection of fines etc) is amended as follows.

(2) In paragraph 7(2), for paragraph (b) substitute—

(b) a magistrates’ court.”

(3) In paragraph 13—

(a) in sub-paragraph (1)—

(i) 30at the end of paragraph (ca) insert “and”, and

(ii) omit paragraph (d) (including the “and” at the end), and

(b) omit sub-paragraph (2).

(4) In paragraph 22(2), for “the fines” substitute “a fines”.

(5) In paragraph 23(1), for “the magistrates’” substitute “a magistrates’”.

(6) 35In paragraph 26—

(a) in sub-paragraphs (1) and (2), for “The fines” substitute “A fines”,
and

(b) in sub-paragraph (3), for “the fines” substitute “a fines”.

(7) In paragraph 30, for “The fines” substitute “A fines”.

(8) 40In paragraph 31(1), for “the fines” substitute “a fines”.

(9) In paragraph 32(1), for “the magistrates’” substitute “a magistrates’”.

Prisons and Courts BillPage 148

(10) In paragraph 37—

(a) in sub-paragraph (6)—

(i) for “The fines” substitute “A fines”, and

(ii) in paragraph (a), for “the magistrates’” substitute “a
5magistrates’”, and

(b) in sub-paragraph (9), for “the magistrates’” substitute “a
magistrates’”.

(11) In paragraph 37A—

(a) in sub-paragraph (1)(a), for “the fines” substitute “a fines”, and

(b) 10in sub-paragraph (4), for “the magistrates’” substitute “a
magistrates’”.

(12) In paragraph 39(1), for “the magistrates’” substitute “a magistrates’”.

(13) In paragraph 40A(1), for “the fines” substitute “a fines”.

(14) In paragraph 40B(1)—

(a) 15in paragraph (a), for “the fines” substitute “a fines”, and

(b) in paragraph (b), for “the magistrates’” substitute “a magistrates’”.

(15) In paragraph 40C—

(a) in sub-paragraph (2), for “the fines” substitute “a fines”, and

(b) in sub-paragraph (3)—

(i) 20in paragraph (a), for “the fines” substitute “a fines”, and

(ii) in paragraph (b), for “the magistrates’” substitute “a
magistrates’”, and

(c) in sub-paragraph (4)(c), for “the magistrates’” substitute “a
magistrates’”.

(16) 25In paragraph 41(2), for “The magistrates’” substitute “A magistrates’”.

(17) In paragraph 42—

(a) in sub-paragraph (1)—

(i) for “The fines” substitute “A fines”, and

(ii) for “the magistrates’” substitute “a magistrates’”, and

(b) 30in sub-paragraph (3), for “the fines” substitute “a fines”.

(18) In paragraph 42A(1)(c), for “the fines” substitute “a fines”.

(19) Omit paragraph 53.

49 (1) Schedule 6 (discharge of fines by unpaid work) is amended as follows.

(2) In paragraph 1(2), for paragraph (b) of the definition of “the relevant court”
35substitute—

  • (b)

    a magistrates’ court;”.

(3) In paragraph 3—

(a) in sub-paragraph (2)—

(i) at the end of paragraph (a) insert “and”,

(ii) 40omit paragraph (b) (including the “and” at the end), and

(b) omit sub-paragraph (5).

(4) In paragraph 6(1), for “the fines” substitute “a fines”.

Prisons and Courts BillPage 149

(5) In paragraph 8(1), (2) and (5), for “the fines” substitute “a fines”.

(6) In paragraph 9(1), for “the fines” substitute “a fines”.

Criminal Justice Act 2003

50 The Criminal Justice Act 2003 is amended as follows.

51 5In section 23A(6A) (requirement to pay penalty to designated officer for
local justice area), for “local justice area” substitute “magistrates’ court”.

52 Omit section 53(3) (magistrates’ court sitting outside local justice area for
purposes of live link).

53 In section 56(1) (interpretation of Part 8), omit the definition of “local justice
10area”.

54 (1) Section 191 (power to provide review of suspended sentence order) is
amended as follows.

(2) For subsection (3)(a) substitute—

(a) where the order has been made on an appeal brought from
15the Crown Court or from the criminal division of the Court of
Appeal, to the Crown Court;”.

(3) Omit subsections (4) and (5).

55 (1) Section 210 (drug rehabilitation requirement: provision for review by court)
is amended as follows.

(2) 20For subsection (2)(a) substitute—

(a) where the order has been made on an appeal brought from
the Crown Court or from the criminal division of the Court of
Appeal, to the Crown Court;”.

(3) Omit subsections (3) and (4).

56 25In section 212A(12) (alcohol abstinence and monitoring requirements), for
“local justice area to be specified” substitute “area in which the offender
resides or will reside”.

57 Omit section 216 (requirement to specify local justice area).

58 (1) Section 218 (availability of arrangements in local area) is amended as
30follows.

(2) In subsection (1), omit “local justice”.

(3) In subsections (7) and (9)(a), for “local justice area proposed to be specified
in the order” substitute “area in which the offender resides or will reside”.

59 (1) Section 219 (provision of copies of relevant orders) is amended as follows.

(2) 35In subsection (1)—

(a) at the end of paragraph (b) insert “and”, and

(b) for paragraphs (c) and (d) substitute—

(c) the Secretary of State.”

(3) Omit subsections (3) and (4).