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Courts Bill [HL]


Courts Bill [HL]
Schedule 3 — Collection of fines by fines officers
Part 3 — Supplementary provisions

    72

 

          (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

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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.

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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

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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;

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              (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

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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—

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               “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

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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

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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

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Courts Bill [HL]
Schedule 3 — Collection of fines by fines officers
Part 3 — Supplementary provisions

    73

 

              (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

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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

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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

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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

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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

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              (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—

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              (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”

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  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

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Banking and Financial Dealings Act 1971 (c. 80).

 

 

Courts Bill [HL]
Schedule 4 — Pre-trial hearings in magistrates’ courts

    74

 

“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

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  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

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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—

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“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

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                           (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

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                    (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—

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                    (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.

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              (4)             The matters are—

                    (a)                   any question as to the admissibility of evidence;

 

 

Courts Bill [HL]
Schedule 4 — Pre-trial hearings in magistrates’ courts

    75

 

                    (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

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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.

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              (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

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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,

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                    (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—

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                    (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.

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              (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

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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

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                    (b)                   a count charging him with the offence is included in an

indictment by virtue of section 40 of the Criminal Justice Act

1988.

 

 

 
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