SCHEDULES

SCHEDULE 12Further provision about criminal courts charge

Magistrates' Courts Act 1980 (c. 43)

2

The Magistrates' Courts Act 1980 is amended as follows.

3

In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—

1A

A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying—

a

a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or

b

a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.

4

In section 108 (right of appeal to the Crown Court), after subsection (4) insert—

5

Subsection (3) does not prevent an appeal against an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).