Judicial Review and Courts Act 2022

Amendments in connection with section 3 U.K.

1 (1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 16A(1) (availability of trial by single justice on the papers)—

(a) in paragraph (c), omit the final “and”;

(b) after paragraph (d) insert “, and

(e) the accused has not accepted the automatic online conviction option in respect of the offence.”

(3)  In section 89 (transfer of fines within England and Wales), after subsection (4) insert— 

“(5) When this section applies to a sum payable by virtue of a conviction under section 16H—

(a) a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and

(b) the power in subsection (1) may be exercised by any fines officer.”

(4) In section 90 (transfer of fines to Scotland or Northern Ireland), after subsection (3A) insert—

“(4) When this section applies to a sum payable by virtue of a conviction under section 16H—

(a) a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and

(b) the power in subsection (1) may be exercised by any fines officer.”

(5) In section 108 (right of appeal to the Crown Court), after subsection (2) insert—

“(2A) A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).”

(6) In section 150(1) (interpretation), in the definition of “fine”, after “purposes of” insert “sections 16G to 16M and of”.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 51(4)

I2 Sch. 2 para. 1 in force at 7.11.2023 by S.I. 2023/1194, reg. 2(e)