Judicial Review and Courts Act 2022

Amendments in connection with section 3 U.K.

4 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 29 (institution of proceedings by written charge)—

(a) for the heading substitute “Instituting proceedings by written charge”;

(b) after subsection (2) insert—

“(2AA) A single justice procedure notice may be issued only if—

(a) the offence is a summary offence not punishable with imprisonment, and

(b) the person being charged has attained the age of 18, or is not an individual.”;

(c) after subsection (2B) insert—

“(2C) Subsection (2D) applies if—

(a) the offence is specified in regulations under section 16H(3)(a) of the Magistrates’ Courts Act 1980, and

(b) the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G(1) of the Magistrates’ Courts Act 1980).

(2D) The single justice procedure notice must also explain—

(a) the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and

(b) that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply.

(2E) The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C)(b).”

(3) In section 30 (further provision about institution of proceedings by written charge), in the heading, for “new method” substitute “written charges”.

(4) In section 330 (orders and rules), in subsection (1)(c), after “sections” insert “29(2E),”.

Commencement Information

I1 Sch. 2 para. 4 not in force at Royal Assent, see s. 51(4)

I2 Sch. 2 para. 4 in force at 7.11.2023 by S.I. 2023/1194, reg. 2(e)