Amendments proposed to the Courts Bill [Lords] - continued | House of Commons |
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Mr William Cash 101 Clause 106, page 58, line 4, after '(3)', insert 'or under section 93 (award of costs against third parties)'.
Christopher Leslie 152 Clause 106, page 58, line 11, leave out paragraph (b).
Christopher Leslie 153 Clause 106, page 58, line 18, at end insert
NEW CLAUSESRecovery of fines etc. by deductions from income support: failure to provide information
Christopher Leslie NC3 To move the following Clause:'(1) Amend section 24 of the Criminal Justice Act 1991 (c.53) (power to make regulations about recovery of fines etc. by deductions from income support) as follows. (2) In subsection (2), after paragraph (a) insert
(3) After subsection (2) insert "(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence. (2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he
(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale."'.
Collection of fines and discharge of fines by unpaid work
Christopher Leslie NC4 To move the following Clause:'(1) Schedule (Collection of fines) contains provisions about the collection of fines. (2) Schedule (Discharge of fines by unpaid work) contains provisions about the discharge of fines by means of unpaid work. (3) Subsections (4) to (9) apply in relation to each of those Schedules. (4) The Schedule is to have effect only in accordance with
(5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to a local justice area, or particular local justice areas, for the period specified in the order. (6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period. (7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect
(8) "The relevant period" means
(9) An order under subsection (7) may make such amendments of
as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).'.
Interpretation of sections 52 and 53
Mr William Cash NC1 To move the following Clause:'In sections 52 and 53 the term "any person" does not include judges, barristers, solicitors and justices of the peace who are present in, or seeking to enter, a court building for the purposes of their duties.'.
Court of Appeal: Attorney General's power to refer unduly lenient sentences
Mr William Cash NC2 To move the following Clause:'In section 35(3) of the Criminal Justice Act 1988 (c. 33) (scope of Part IV) after paragraph (b)(ii) there is inserted
Coroner's courts
Mr David Heath NC5 To move the following Clause:'The Lord Chancellor must, within 12 months of the coming into force of section 1, prepare and lay before both Houses of Parliament a report on the procedures, practice and systems for the carrying on of the business of Coroner's courts and make recommendations as to the desirability of extending his general duty under section 1 to Coroner's courts.'.
NEW SCHEDULES
Christopher Leslie NS1 To move the following Schedule:
'Collection of finesPart 1IntroductoryApplication of Schedule
(a) consists of or includes a fine, and
(b) is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by conviction of a magistrates' court.
Meaning of "the sum due"
Meaning of "existing defaulter" etc.
(a) he was required to pay the sum due immediately but failed to do so,
(b) the sum due or any other sum is registered for enforcement against him as a fine under
(c) he is in default on a collection order in respect of another sum falling within paragraph 1(1), or
(d) he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made.
(a) is not longer than 10 working days, and
(b) begins with the date of the notice.
Part 2Immediate payment of fines: discountsApplication of Part
(a) that P should be required to pay the sum due immediately, and
(b) that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
Court's duty in relation to discount
(a) stating its conclusions on the matters referred to in paragraph 4(b),
(b) stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and
(c) informing P of the effect of paragraph 6.
The discount
Part 3Attachment of earnings orders and applications for benefit deductionsApplication of Part
(a) the court which is imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or
(b) P was required to pay the sum due immediately but failed to do so.
(a) the court which is imposing the liability to pay the sum due, or
(b) if sub-paragraph (1)(b) applies, the magistrates' court responsible for enforcing payment of the sum due.
Attachment of earnings order or application for benefit deductions without P's consent
(a) that P is in employment, and
(b) that it is not impracticable or inappropriate to make the order.
(a) that P is entitled to a relevant benefit, and
(b) that it is not impracticable or inappropriate to make the application.
Attachment of earnings order or application for benefit deductions with P's consent
(a) an attachment of earnings order, or
(b) an application for benefit deductions, if P consents.
Meaning of "relevant benefit" and "application for benefit deductions"
(a) "relevant benefit" means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (c.53) (recovery of fines etc. by deductions from income support etc.), and
(b) "application for benefit deductions", in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.
Part 4Making of collection ordersApplication of Part
(a) the court imposing the liability to pay the sum due concludes that P should not be required to pay the sum due immediately, or
(b) P was required to pay the sum due immediately but failed to do so; (and it applies whether or not the relevant court has made an attachment of earnings order or application for benefit deductions under Part 3 of this Schedule).
Court's power to make a collection order
Contents of collection orders: general
(a) state the amount of the sum due, the amount of the fine and the amount of any other part of the sum due,
(b) state the court's conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,
(c) if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,
(d) either specify the fines officer who is to have in relation to P the powers conferred by this Schedule or specify that any fines officer working at a specified fines office is to have those powers in relation to P, and
(e) contain information about the effect of the order.
Contents of collection orders: no attachment of earnings order etc. made
(a) a term requiring P to pay the sum due within a specified period, or
(b) terms requiring P to pay the sum due by instalments of specified amounts on or before specified dates.
Contents of collection orders: attachment of earnings order etc. made
When an attachment of earnings order fails
(a) P's employer fails to comply with the order, or
(b) the order is discharged at a time when P remains liable to pay any part of the sum due.
When an application for benefit deductions fails
(a) the application is withdrawn,
(b) the Secretary of State decides not to make deductions,
(c) an appeal against a decision of the Secretary of State to make deductions succeeds, or
(d) the Secretary of State ceases to make deductions at a time when P remains liable to pay any part of the sum due.
Part 5Discount where collection order madeApplication of Part
(a) a collection order has been made in respect of the sum due, and
(b) the order states that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
Discount on fine if the sum due is paid without default
Meaning of "in default on a collection order"
Part 6Variation of collection orders containing payment termsApplication of Part
Application to fines officer for variation of order or attachment of earnings order etc.
(a) after the collection order is made and before Part 7 applies, and
(b) when he is not in default on the order, apply to the fines officer under this paragraph.
(a) the payment terms to be varied, or
(b) an attachment of earnings order or application for benefit deductions to be made.
(a) there has been a material change in P's circumstances since the collection order was made (or the payment terms were last varied under this paragraph), or
(b) P is making further information about his circumstances available.
(a) to vary the payment terms in P's favour, or
(b) not to vary them.
(a) to make an attachment of earnings order or application for benefit deductions, or
(b) not to do so.
(a) a decision under sub-paragraph (4)(a), and
(b) a variation under sub-paragraph (6), is that the collection order has effect as varied by the fines officer.
Appeal against decision of fines officer
(a) confirm or vary the payment terms (or the reserve terms),
(b) if the appeal is against a decision on an application under paragraph 22(2)(b) or if P consents, make an attachment of earnings order or an application for benefit deductions, or
(c) discharge the collection order and exercise any of its standard powers in respect of persons liable to pay fines.
Nature of power to vary terms of collection order
(a) substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or
(b) substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.
(a) the number of instalments payable;
(b) the amount of any instalment;
(c) the date on or before which any instalment is required to be paid.
Part 7Effect of first default on collection order containing payment termsApplication of Part
(a) an application under paragraph 22 (application to fines officer for variation of order or for attachment of earnings order etc.);
(b) an appeal under paragraph 23 (appeal against decision of fines officer);
(c) a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
Attachment of earnings order or application for benefit deductions to be made
(a) that P is in employment, and
(b) that it is not impracticable or inappropriate to make the order.
(a) that P is entitled to a relevant benefit, and
(b) that it is not impracticable or inappropriate to make the application.
Increase in fine
(a) an attachment of earnings order, or
(b) an application for benefit deductions, made under paragraph 26 fails.
(a) an attachment of earnings order, or
(b) an application for benefit deductions, under paragraph 26.
(a) ranks after the liability to pay any other part of the sum due, and
(b) is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).
Notice of increase etc.
(a) informing P of the increase, and
(b) requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.
Part 8Operation of collection order containing reserve termsApplication of Part
(a) a collection order contains reserve terms, and
(b) the attachment of earnings order or application for benefit deductions made under Part 3 or 6 fails.
Requirement to notify P on failure of an attachment of earnings order etc.
(a) that the order or application has failed and the reserve terms have effect,
(b) what P has to do to comply with the reserve terms, and
(c) of his right to make applications under paragraph 31.
Application to fines officer for variation of reserve terms
(a) after the date of a payment notice under paragraph 30 and before an increase is imposed under paragraph 33, and
(b) when he is not in default on the collection order, apply to the fines officer for the reserve terms to be varied.
(a) there has been a material change in P's circumstances since the reserve terms were set (or last varied under this paragraph), or
(b) P is making further information about his circumstances available.
(a) to vary the reserve terms in P's favour, or
(b) not to vary them.
Appeal against decision of fines officer
(a) confirm or vary the reserve terms, or
(b) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
Increase in fine on first default
(a) an application under paragraph 31(1) (application to fines officer for variation of reserve terms);
(b) an appeal under paragraph 32(1) (appeal against decision of fines officer);
(c) a reference under paragraph 42 (power of fines officer to refer case to magistrates' court).
(a) ranks after the liability to pay any other part of the sum due, and
(b) is subject to paragraphs 35(6) and 39(2) (liability to increase extinguished in cases of subsequent compliance).
Notice of increase etc.
(a) informing P of the increase, and
(b) requiring P, within 10 working days from the date of the notice, to contact the fines officer, in person or in writing, with a view to reviewing the position.
Part 9Operation of collection orders after increase imposedEffect of compliance with requirement to contact fines officer
(a) to vary the payment terms (or the reserve terms) in P's favour, or
(b) not to vary them.
Application to fines officer after increase for variation of payment terms
(a) after a relevant variation of the payment terms (or the reserve terms) and before paragraph 37 applies in relation to him, and
(b) when he is not in default on the collection order, apply to the fines officer for those terms to be further varied.
(a) a variation under paragraph 35(2)(a) (variation in P's favour following increase), or
(b) a variation under paragraph 39(3)(a) (variation by court).
(a) there has been a material change in P's circumstances since
(b) P is making further information about his circumstances available.
(a) to vary the payment terms (or the reserve terms) in P's favour, or
(b) not to vary them.
Functions of fines officer in relation to defaulters: referral or further steps notice
(a) P contacts the fines officer as required by an increase notice under paragraph 28 or 34,
(b) the fines officer decides under paragraph 35(2) not to vary the payment terms (or the reserve terms), and
(c) no appeal under paragraph 35(4) (appeal against decision about variation following increase) is pending.
(a) there is a relevant variation of the payment terms (or the reserve terms),
(b) no relevant appeal is pending,
(c) no application under paragraph 36(1) (application for further variation in P's favour) is pending, and
(d) no reference under paragraph 42 (power of fines officer to refer case to magistrates' court) is pending, but P is again in default on the order.
(a) paragraph 35(4) (appeal against decision whether to vary following increase), or
(b) paragraph 36(6) (appeal against decision on application for further variation).
(a) refer P's case to the magistrates' court, or
(b) deliver to P a notice (a "further steps notice") that he intends to take one or more of the steps listed in paragraph 38.
The range of further steps available against defaulters
(a) issuing a warrant of distress for the purpose of levying the sum due;
(b) registering the sum in the register of judgments and orders required to be kept by section 96;
(c) making an attachment of earnings order or an application for benefit deductions;
(d) subject to sub-paragraph (3), making a clamping order;
(e) taking any other step permitted under provisions of fines collections regulations which apply any other enforcement power of a magistrates' court (with or without modifications).
(a) that a motor vehicle be fitted with an immobilisation device ("clamped"), and
(b) which complies with any requirements that are imposed by fines collection regulations under paragraph 46 with respect to the making of clamping orders.
Powers of court after increase
(a) an appeal under paragraph 35(4) or 36(6) (appeals against decisions about variation following increase),
(b) a referral under paragraph 37(6)(a) (functions of fines officer in relation to defaulters), or
(c) an appeal under paragraph 37(9) (appeal against a further steps notice).
(a) vary the payment terms (or the reserve terms);
(b) take any of the steps listed in paragraph 38;
(c) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
(a) confirm or quash the notice;
(b) vary the notice so as to specify any step listed in paragraph 38;
(c) vary the payment terms (or the reserve terms);
(d) discharge the order and exercise any of its standard powers in respect of persons liable to pay fines.
Implementation of further steps notice
(a) P does not appeal within 10 working days against a further steps notice, or
(b) he does so but the further steps notice is confirmed or varied, any step specified in the notice (or the notice as varied) may be taken.
Power to order sale of clamped vehicle
(a) a motor vehicle has been clamped under a clamping order, and
(b) at the end of the period specified in fines collection regulations under paragraph 46 any part of the sum due is unpaid.
(a) the vehicle is to be sold or otherwise disposed of in accordance with those regulations, and
(b) any proceeds are to be applied in accordance with those regulations in discharging P's liability in respect of the sum due.
Power of fines officer to refer case to magistrates' court
(a) begins the day after the collection order is made, and
(b) ends with the date on which
(a) confirm or vary the payment terms (or the reserve terms),
(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 power it could exercise under any other paragraph.
Part 10Supplementary provisionsFines collection regulations
(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;
(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.
(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.
"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 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 purposes of this Schedule as it applies for the purposes of the Road Traffic Acts.
Offences of providing false information, failing to disclose information etc.
(a) makes a statement which he knows to be false in a material particular,
(b) recklessly provides a statement which is false in a material particular, or
(c) knowingly fails to disclose any material fact.
(a) is made by a fines officer, and
(b) is expressed to be made for the purpose of determining whether or how the fines officer should vary the payment terms (or the reserve terms) of a collection order in P's favour.
(a) 2 years from the date of the commission of the offence, or
(b) 6 months from its first discovery by the prosecutor, whichever ends first.
Offence of meddling with vehicle clamp
(a) an immobilisation device, or
(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 39(3)(b) (powers of court after increase).
Meaning of "standard powers in respect of persons liable to pay fines"
(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 references to pending appeals
Meaning of "10 working days"
(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 Banking and Financial Dealings Act 1971 (c.80).
Meaning of "the magistrates' court"
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