Criminal Justice and Courts Bill (HL Bill 43)

(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

(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.

16F Admissibility of statements

(1) 30A statement contained in a document is admissible in proceedings
conducted in accordance with section 16A as evidence of a matter
stated if, in the particular case—

(a) the document is one in relation to which section 16A(1)(c) is
satisfied, or

(b) 35section 16A(4) applies to the information in that document (as
the case may be).

(2) Subsection (1) does not prevent a court taking into consideration the
nature of the evidence placed before it when deciding whether it is
appropriate to try the written charge in accordance with section 16A.

(3) 40In this section “statement” means any representation of fact or
opinion.”

42 Trial by single justice on the papers: sentencing etc

In 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) 5imposing 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) 10ordering 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) 15ordering payment of a surcharge under section 161A of the
Criminal 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) 20making an order as to costs to be paid by the accused by virtue
of 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 30A of the Road Traffic
25Offenders Act 1988 (order to disregard penalty points if
approved course attended);

(j) making an order under section 34 or 35 of the Road Traffic
Offenders Act 1988 (disqualification from driving);

(k) making an order under section 44 of the Road Traffic Offenders
30Act 1988 (endorsement of a driving record);

(l) making an application to the Secretary of State by virtue of
section 24(1)(a) of the Criminal Justice Act 1991 (benefit
deductions);

(m) making an attachment of earnings order under Part 3 of
35Schedule 5 to the Courts Act 2003;

(n) making an application for benefits deductions to the Secretary
of State under Part 3 of Schedule 5 to the Courts Act 2003;

(o) making a collection order under Part 4 of Schedule 5 to the
Courts Act 2003;

(p) 40discharging the accused absolutely or conditionally.

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

43 Further amendments

Schedule 7 contains further amendments relating to the provision made by
45sections 39 to 42.

Committal to Crown Court

44 Low-value shoplifting: mode of trial

(1) In section 22A of the Magistrates’ Courts Act 1980 (low-value shoplifting), in
subsection (2) (right to elect trial by Crown Court), for paragraph (b)
5substitute—

“(b) the court must proceed in relation to the offence in accordance
with section 51(1) of the Crime and Disorder Act 1998.”

(2) In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown
Court: adults), in subsection (2)(b), after “21,” insert “22A(2)(b),”.

45 10Committal 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
15mentioned 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
20the 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.

25Costs of criminal courts

46 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
30a 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
35offence 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
this section) for an offence or for a failure to comply with a requirement
mentioned in section 21B.

(5) 5In 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;

• “relevant court costs” means court costs incurred in connection
  10with 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 Criminal courts charge: courts and times

(1) 15A 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
Justice Act 2003 for failure to comply with any of the
20requirements 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) when dealing with the person under section 256AC of the
25Criminal 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
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 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
40following 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) when dismissing an application for leave to bring such an
45appeal.

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) 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) 5In 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
ordered to pay a charge under section 21A must pay interest on the
10charge 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) 15make 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) 20An 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
to be paid by a person under section 21A, subject to the restrictions in
25subsections (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
30impracticable.

(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
35under 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.

(5) 40Where 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) reduce the total number of hours or days to which the order
45relates 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) 5In this section—

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

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

21F 10Regulations 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) 15after 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) 20re-number paragraph 13A as paragraph 12B.

(3) Schedule 8 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.

47 25Duty 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 46).

(2) “The initial period” is the period of 3 years beginning with the day on which
30section 46(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) Regulations under this section may include consequential, transitional,
35transitory 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
made unless a draft of the instrument has been laid before, and approved by a
40resolution of, each House of Parliament.

Collection of fines etc

48 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

49 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“claim” includes a counter-claim and, accordingly, “claimant” includes a
  counter-claimant and “defendant” includes a defendant to a counter-
  claim;

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

Criminal Justice and Courts BillPage 49

• “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
  connection with which the primary claim is made, and

  (b)

  5by a person other than the person who made the primary claim.

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

50 Rules against inducements to make personal injury claims

(1) A regulated person is in breach of this section if—

(a) 10the regulated person offers another person a benefit,

(b) the offer of the benefit is an inducement to make a claim in civil
proceedings for—

(i) damages for personal injury or death, or

(ii) damages arising out of circumstances involving personal injury
15or death, and

(c) the benefit is not related to the provision of legal services in connection
with the claim.

(2) An offer of a benefit by a regulated person to another person is an inducement
to make a claim if the offer of the benefit—

(a) 20is intended to encourage the person to make a claim or to seek advice
from a regulated person with a view to making a claim, or

(b) is likely to have the effect of encouraging the person to do so.

(3) A benefit offered by a regulated person may be an inducement to make a claim
regardless of—

(a) 25when or by what means the offer is made,

(b) whether the receipt of the benefit pursuant to the offer is subject to
conditions,

(c) when the benefit may be received pursuant to the offer, or

(d) whether the benefit may be received by the person to whom the offer is
30made or by a third party.

(4) The Lord Chancellor may by regulations make provision as to the
circumstances in which a benefit offered by a regulated person is related to the
provision of legal services in connection with a claim, including provision
about benefits relating to—

(a) 35fees to be charged in respect of the legal services,

(b) expenses which are or would be necessarily incurred in connection
with the claim, or

(c) insurance to cover legal costs and expenses in connection with the
claim.

51 40Effect of rules against inducements

(1) The relevant regulator must ensure that it has appropriate arrangements for
monitoring and enforcing the restriction imposed on regulated persons by
section 50.

(2) A regulator may make rules for the purposes of subsection (1).