Criminal Justice and Courts Bill (HL Bill 30)

(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) If proceedings have become void under subsection (3), the written
5charge 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.”

39 Trial by single justice on the papers: sentencing etc

In section 121 of the Magistrates’ Courts Act 1980 (constitution etc of a
10magistrates’ 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) imposing a fine;

(b) 15imposing 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) ordering an amount to be paid under section 30, 36 or 38 of the
20Vehicle 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) ordering payment of a surcharge under section 161A of the
25Criminal Justice Act 2003 (victim surcharge);

(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
30of 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) 35making 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) 40making 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
45Courts 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).”

40 Further amendments

Schedule 7 contains further amendments relating to the provision made by
sections 36 to 39.

Committal to Crown Court for sentence

41 5Committal of young offenders convicted of certain serious offences

(1) In section 3B of the Powers of Criminal Courts (Sentencing) Act 2000
(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
10mentioned in section 91(1) of this Act a person aged under 18 is
convicted of the offence.”

(2) For 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
15the offence first appeared in respect of the offence after the day on which the
amendment comes into force.

(4) For 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.

20Costs of criminal courts

42 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) A court mentioned in section 21B must, at the times listed there, order
25a 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) An order must not be made if the person was under 18 when the
30offence 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
order under this section when dealing with a person (other than under
35this section) for an offence or for a failure to comply with a requirement
mentioned in section 21B.

(5) In this section—

• “court costs” means costs of providing the judiciary and the rest of
  the system of courts, but does not include defence or
  prosecution costs;

• 5“relevant court costs” means court costs incurred in connection
  with criminal proceedings or proceedings for a failure to
  comply with a requirement mentioned in section 21B, but does
  not include costs of providing the Supreme Court or judges of
  that Court.

21B 10Criminal courts charge: courts and times

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

(a) when dealing with the person for the offence;

(b) when dealing with the person under Schedule 8 to the Criminal
15Justice 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
community requirements of a suspended sentence order;

(d) 20when 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
Act.

(2) The Crown Court must make an order under section 21A at the
25following 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) 30when 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) 35The 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) 40when 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) 45When 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
21A.

21D Interest on criminal courts charge

(1) The Lord Chancellor may by regulations provide that a person who is
5ordered to pay a charge under section 21A must pay interest on the
charge 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,
10and

(c) make 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
15the value in real terms of amounts that remain unpaid.

(4) An amount of interest payable under the regulations is to be treated as
part 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
20to be paid by a person under section 21A, subject to the restrictions in
subsections (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) 25it is satisfied that collection and enforcement of the charge is
impracticable.

(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) 30a specified period beginning with the day on which an order
under 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
35which the person was last released from prison.

(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) 40reduce 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) 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) In this section—

• “prison” includes any place where a person serving a sentence of
  5detention for an offence is liable to be detained;

• “specified period” means a period of a length specified by the Lord
  Chancellor by regulations.

21F Regulations under this Part

Regulations under this Part may include transitional, transitory and
10saving provision.”

(2) In 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
15relevant court costs under section 21A of the Prosecution of
Offences Act 1985.”,

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

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

(3) Schedule 8 to this Act makes further provision about the criminal courts
20charge.

(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.

43 Duty to review criminal courts charge

(1) After the end of the initial period, the Lord Chancellor must carry out a review
25of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by
section 42).

(2) “The initial period” is the period of 3 years beginning with the day on which
section 42(1) comes into force.

(3) If the Lord Chancellor considers it appropriate, having regard to the
30conclusions reached on the review, the Lord Chancellor must by regulations
repeal 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) 35Regulations under this section are to be made by statutory instrument.

(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.

Collection of fines etc

44 Variation of collection orders etc

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

(2) 5For 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) the order contains payment terms but does not contain
10reserve 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
time apply to the fines officer under this paragraph for”,

(c) 15in 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
P’s consent.”, and

(e) 20for 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) In paragraph 25 (application of Part 7: effect of first default on collection order
25containing 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
in default on the collection order;

(b) 30an 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) P may, at any time after the date of a payment notice under
35paragraph 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) The fines officer may not vary the reserve terms under sub-
40paragraph (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)

substitute—

“(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
5collection order;

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

Civil proceedings relating to personal injury

45 10Personal injury claims: cases of fundamental dishonesty

(1) This section applies where, in proceedings on a claim for damages in respect of
personal injury (“the primary claim”)—

(a) the court finds that the claimant is entitled to damages in respect of the
claim, but

(b) 15on an application by the defendant for the dismissal of the claim under
this section, the court is satisfied on the balance of probabilities that the
claimant has been fundamentally dishonest in relation to the primary
claim or a related claim.

(2) The court must dismiss the primary claim, unless it is satisfied that the
20claimant would suffer substantial injustice if the claim were dismissed.

(3) The duty under subsection (2) includes the dismissal of any element of the
primary claim in respect of which the claimant has not been dishonest.

(4) The court’s order dismissing the claim must record the amount of damages
that the court would have awarded to the claimant in respect of the primary
25claim but for the dismissal of the claim.

(5) A costs order made by a court which dismisses a claim under this section may
require the claimant to pay costs incurred by the defendant only to the extent
that they exceed the amount of the damages recorded in accordance with
subsection (4).

(6) 30If a claim is dismissed under this section, subsection (7) applies to—

(a) any subsequent criminal proceedings against the claimant in respect of
the fundamental dishonesty mentioned in subsection (1)(b), and

(b) any subsequent proceedings for contempt of court against the claimant
in respect of that dishonesty.

(7) 35If the court in those proceedings finds the claimant guilty of an offence or of
contempt of court, it must have regard to the dismissal of the primary claim
under this section when sentencing the claimant or otherwise disposing of the
proceedings.

(8) In this section—

• 40“personal injury” includes any disease and any other impairment of a
  person’s physical or mental condition;

• “related claim” means a claim for damages in respect of personal injury
  which is made—

  (a)

  in connection with the same incident or series of incidents in
  45connection with which the primary claim is made, and

  Criminal Justice and Courts BillPage 47

  (b)

  by a person other than the person who made the primary claim;

• “claim” includes a counter-claim and, accordingly, “claimant” includes a
  counter-claimant and “defendant” includes a defendant to a counter-
  claim.

(9) 5This section does not apply to proceedings started by the issue of a claim form
before the date on which this section comes into force.

Appeals in civil proceedings

46 Appeals from the High Court to the Supreme Court

(1) Part 2 of the Administration of Justice Act 1969 (appeal from High Court to
10Supreme 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
in subsection (3A) (“the alternative conditions”) are satisfied in relation
15to 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) The alternative conditions, in relation to a decision of the judge in any
20proceedings, 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,

(b) the result of the proceedings is so significant (whether
25considered 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) the judge is satisfied that the benefits of earlier consideration by
the Supreme Court outweigh the benefits of consideration by
30the Court of Appeal.”

(4) In section 16 (application of Part 2 to Northern Ireland), after subsection (1)
insert—

“(1A) In the application of this Part of this Act to Northern Ireland, section 12
has effect as if—

(a) 35in subsection (1)(a) there were omitted “or that the conditions in
subsection (3A) (“the alternative conditions”) are satisfied in
relation to those proceedings”;

(b) after subsection (1)(b) there were inserted “, and

“(c) that all the parties to the proceedings consent to the
40grant of a certificate under this section,”;

(c) subsection (3A) were omitted.”

47 Appeals from the Upper Tribunal to the Supreme Court

In 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) 5the conditions in subsection (4) or (5) are fulfilled in relation to
the 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,

10the Upper Tribunal may grant a certificate to that effect.

(2) The 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) 15the Court of Appeal in England and Wales, or

(b) the 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) 20a point of law that—

(i) relates 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
25proceedings, or

(b) a 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) 30that was fully considered in the judgments given by the
relevant 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
35that—

(a) the 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
40likely proceedings) that, in the opinion of the Upper Tribunal, a
hearing 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) 45Before the Upper Tribunal decides an application made to it under this
section, 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
5specified 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) 10If 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
15granted, 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
20an 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) 25An 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) 30the 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.

14C Appeal to Supreme Court: exclusions

(1) 35No 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
40relevant appellate court.

(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
45Court, with or without the permission (or leave) of the relevant
appellate court or the Supreme Court.