The Criminal Procedure (Amendment No. 2) Rules 2023

Amendments to the Criminal Procedure Rules

11.  In Part 28 (Sentencing procedures in special cases and on committal for sentence, etc.), in rule 28.4 (Variation of sentence)—

(a) in paragraph (1)(a) for “vary or rescind a sentence or order” substitute “vary, rescind or set aside a sentence, penalty or order”;

(b) for paragraph (3)(a)(i) substitute—

“(i) the sentence, penalty or order that that party wants the court to vary, rescind or set aside, or”;

(c) for paragraph (3)(c)(i) substitute—

“(i) explain why the sentence, penalty or order should be varied, rescinded or set aside,”; and

(d) after the first paragraph of the note to the rule insert—

“Under section 16M of the 1980 Act(1) a magistrates’ court can set aside a penalty imposed under section 16I of the Act on a defendant who accepts the automatic online conviction option under section 16H if the amount of the penalty appears to the court to be unjust. If the court sets aside such a penalty it may impose any sentence that it could have imposed for the offence if the defendant had pleaded guilty at the first opportunity.”.

(1)

1980 c. 43; section 16M is inserted by section 3 of the Judicial Review and Courts Act 2022 (c. 35) with effect from a date to be appointed.