|
| |
| |
(2) On a referral under this paragraph, the court may— | |
(a) confirm or vary the terms of the order, | |
(b) discharge the order and exercise any of its standard powers in | |
respect of persons liable to pay fines, or | |
(c) to the extent permitted by fines collection regulations, exercise a | 5 |
power it could exercise under any other paragraph. | |
(3) Fines collection regulations may provide for the fines officer to have the | |
power to issue a summons for the purpose of ensuring that P attends a | |
magistrates’ court to whom P’s case has been referred under this or any | |
other paragraph. | 10 |
Part 3 | |
Supplementary provisions | |
Supplementary provision with respect to clamping orders | |
18 (1) Fines collection regulations may, for the purpose of giving effect to the | |
powers to make clamping orders and to order the sale of clamped motor | 15 |
vehicles, make provision in connection with— | |
(a) the fitting of immobilisation devices; | |
(b) the fitting of immobilisation notices to motor vehicles to which | |
immobilisation devices have been fitted; | |
(c) the removal and storage of motor vehicles; | 20 |
(d) the release of motor vehicles from immobilisation devices or from | |
storage (including the conditions to be met before the vehicle is | |
released); | |
(e) the sale or other disposal of motor vehicles not released. | |
(2) Fines collection regulations must provide that an immobilisation device may | 25 |
not be fitted to a vehicle— | |
(a) which displays a current disabled person’s badge, or | |
(b) in relation to which there are reasonable grounds for believing that it | |
is used for the carriage of a disabled person. | |
(3) In this Schedule— | 30 |
“disabled person’s badge” means a badge issued, or having effect as if | |
issued, under regulations made under section 21 of the Chronically | |
Sick and Disabled Persons Act 1970 (c. 44) (badges for display on | |
motor vehicles used by disabled persons); | |
“immobilisation device” has the same meaning as in section 104(9) of | 35 |
the Road Traffic Regulation Act 1984 (c. 27) (immobilisation of | |
vehicles illegally parked); | |
“motor vehicle” means a mechanically propelled vehicle intended or | |
adapted for use on roads, except that section 189 of the Road Traffic | |
Act 1988 (c. 52) (exceptions for certain vehicles) applies for the | 40 |
purposes of this Schedule as it applies for the purposes of the Road | |
Traffic Acts. | |
Meddling with vehicle clamp | |
19 (1) A person commits an offence if he removes or attempts to remove— | |
(a) an immobilisation device, or | 45 |
| |
| |
|
| |
| |
(b) an immobilisation notice, | |
fitted or fixed to a motor vehicle in accordance with a clamping order made | |
under a further steps notice or under paragraph 14(3)(b) (powers of court | |
after increase). | |
(2) A person guilty of an offence under this paragraph is liable on summary | 5 |
conviction to a fine not exceeding level 3 on the standard scale. | |
Offence of giving false information to fines officer | |
20 (1) P commits an offence if, in providing a statement of his financial | |
circumstances to a fines officer in response to a relevant request, he— | |
(a) makes a statement which he knows to be false in a material | 10 |
particular, | |
(b) recklessly provides a statement which is false in a material | |
particular, or | |
(c) knowingly fails to disclose any material fact. | |
(2) A person guilty of an offence under this paragraph is liable on summary | 15 |
conviction to a fine not exceeding level 4 on the standard scale. | |
(3) A relevant request is a request for information about P’s financial | |
circumstances which— | |
(a) is made by a fines officer, and | |
(b) is expressed to be made for the purpose of determining whether or | 20 |
how the fines officer should vary the terms of a collection order in P’s | |
favour. | |
(4) Proceedings in respect of an offence under this paragraph may be | |
commenced at any time within— | |
(a) 2 years from the date of the commission of the offence, or | 25 |
(b) 6 months from its first discovery by the prosecutor, | |
whichever ends first. | |
Meaning of “standard powers in respect of persons liable to pay fines” | |
21 “Standard powers in respect of persons liable to pay fines” means any | |
power— | 30 |
(a) that a magistrates’ court would have had if P had not been subject to | |
a collection order but had been liable to pay the sum due, and | |
(b) which fines collection regulations apply (with or without | |
modifications) for the purposes of this Schedule. | |
Meaning of “10 working days” | 35 |
22 In this Schedule “10 working days” means any period of 10 days not | |
including— | |
(a) Saturday or Sunday, | |
(b) Christmas Day or Good Friday, or | |
(c) any day which is a bank holiday in England and Wales under the | 40 |
Banking and Financial Dealings Act 1971 (c. 80). | |
| |
| |
|
| |
| |
“The magistrates’ court” | |
23 In this Schedule “the magistrates’ court”, in relation to a collection order, | |
means any magistrates’ court acting in the local justice area in which the | |
court which made the order was sitting. | |
Changes in residence | 5 |
24 Fines collection regulations may make provision relating to cases where a | |
person who is subject to a collection order changes his place of residence. | |
Other supplementary provisions | |
25 (1) Fines collection regulations may, for the purpose of giving effect to this | |
Schedule and section 36, make provision modifying any enactment which | 10 |
relates to the enforcement of sums due. | |
(2) Different modifications may be made for different cases. | |
Schedule 4 | |
Section 45 | |
Pre-trial hearings in magistrates’ courts | |
After section 8 of the 1980 Act, insert— | 15 |
“Pre-trial hearings | |
8A Power to make rulings at pre-trial hearing | |
(1) For the purposes of this section a hearing is a pre-trial hearing if— | |
(a) it relates to an information— | |
(i) which is to be tried summarily, and | 20 |
(ii) to which the accused has pleaded not guilty, and | |
(b) it takes place before the start of the trial. | |
(2) For the purposes of subsection (1)(b), the start of a summary trial | |
occurs when the court begins— | |
(a) to hear evidence from the prosecution at the trial, or | 25 |
(b) to consider whether to exercise its power under section 37(3) | |
of the Mental Health Act 1983 (power to make hospital order | |
without convicting the accused). | |
(3) At a pre-trial hearing, a magistrates’ court may make a ruling as to | |
any matter mentioned in subsection (4) if— | 30 |
(a) the condition in subsection (5) is met, | |
(b) the court has given the parties an opportunity to be heard, | |
and | |
(c) it appears to the court that it is in the interests of justice to | |
make the ruling. | 35 |
(4) The matters are— | |
(a) any question as to the admissibility of evidence; | |
| |
| |
|
| |
| |
(b) any other question of law relating to the case. | |
(5) The condition is that, if the accused is not legally represented, the | |
court must— | |
(a) ask whether he wishes to be granted a right to representation | |
funded by the Legal Services Commission as part of the | 5 |
Criminal Defence Service, and | |
(b) if he does, decide whether or not to grant him that right. | |
(6) A ruling may be made under this section— | |
(a) on an application by a party to the case, or | |
(b) of the court’s own motion. | 10 |
(7) For the purposes of this section and section 8B, references to the | |
prosecutor are to any person acting as prosecutor, whether an | |
individual or body. | |
8B Effect of rulings at pre-trial hearing | |
(1) Subject to subsections (3) and (6), a ruling under section 8A has | 15 |
binding effect from the time it is made until the case against the | |
accused or, if there is more than one, against each of them, is | |
disposed of. | |
(2) The case against an accused is disposed of if— | |
(a) he is acquitted or convicted, | 20 |
(b) the prosecutor decides not to proceed with the case against | |
him, or | |
(c) the information is dismissed. | |
(3) A magistrates’ court may discharge or vary (or further vary) a ruling | |
under section 8A if— | 25 |
(a) the condition in section 8A(5) is met, | |
(b) the court has given the parties an opportunity to be heard, | |
and | |
(c) it appears to the court that it is in the interests of justice to do | |
so. | 30 |
(4) The court may act under subsection (3)— | |
(a) on an application by a party to the case, or | |
(b) of its own motion. | |
(5) No application may be made under subsection (4)(a) unless there has | |
been a material change of circumstances since the ruling was made | 35 |
or, if a previous application has been made, since the application (or | |
last application) was made. | |
(6) A ruling under section 8A is discharged in relation to an accused if— | |
(a) the magistrates’ court commits or sends him to the Crown | |
Court for trial for the offence charged in the information, or | 40 |
(b) a count charging him with the offence is included in an | |
indictment by virtue of section 40 of the Criminal Justice Act | |
1988. | |
| |
| |
|
