The Criminal Procedure (Amendment No. 2) Rules 2023

Amendments to the Criminal Procedure Rules

19.  In Part 44 (Reopening a case in a magistrates’ court)—

(a) after the table of contents insert—

“[Note. See also Part 24 (Trial and sentence in a magistrates’ court).]”;

(b) in rule 44.1 (When this Part applies)—

(i) at the end of paragraph (1)(a) omit “or”,

(ii) renumber paragraph (1)(b) as (1)(c), and

(iii) after paragraph (1)(a) insert—

“(b) under section 16M of the 1980 Act the court can set aside a conviction; or”;

(c) in rule 44.2 (Statutory declaration of ignorance of proceedings)—

(i) in paragraph (2)(b)(i) for “rule 24.9(4)(a) (notice of guilty plea)” substitute “rule 24.9(4)(b) (notice to plead guilty and be sentenced by a single justice)”,

(ii) in paragraph (2)(b)(ii) for “rule 24.9(4)(b)” substitute “rule 24.9(4)(c)”,

(iii) in paragraph (2)(b)(iii) for “rule 24.9(4)(c)” substitute “rule 24.9(4)(d)”, and

(iv) in paragraph (5)(c) for the references to rule 24.9(4)(b) and to rule 24.9(4)(c) substitute references to rule 24.9(4)(c) and to rule 24.9(4)(d) respectively; and

(d) in rule 44.3 (Setting aside a conviction or varying a costs, etc. order)—

(i) for paragraph (1) substitute—

“(1) This rule applies where the court can—

(a) under section 16M of the Magistrates’ Courts Act 1980 set aside a conviction under section 16H of the 1980 Act (conviction on accepting the automatic online conviction option); or

(b) under section 142 of the 1980 Act—

(i) set aside a conviction, or

(ii) vary or rescind a costs order or an order to which Part 31 applies (Behaviour orders).”, and

(ii) for the third paragraph of the note to the rule substitute—

“Under section 16M of the 1980 Act(1) a magistrates’ court can set aside a conviction imposed on a defendant who accepts the automatic online conviction option under section 16H of the Act(2) if the conviction appears to the court to be unjust. Under section 16M(3) the court may comprise a single justice to set aside a conviction but must comprise two or more to refuse to do so.

See also rule 28.4 (Variation of sentence), which applies to an application under (i) section 16M(5) of the 1980 Act to set aside a penalty under section 16I(3), or (ii) section 142 of the Act to vary or rescind a sentence.]”

(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.

(2)

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

(3)

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