Criminal Justice and Courts Act 2015

Section 54

SCHEDULE 12 Further provision about criminal courts charge

Rehabilitation of Offenders Act 1974 (c. 53)

1 In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—

“(c) an order under section 21A of the Prosecution of Offences Act 1985 (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).”

Prosecution of Offences Act 1985 (c. 23)

5 In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “Defence, prosecution and third party”.

Insolvency Act 1986 (c. 45)

6 In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—

(a) after “fine” insert “imposed for an offence”, and

(b) after “a reference to” insert “—

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

(b)” .

Criminal Justice Act 1991 (c. 53)

7 In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from certain benefits), in the definition of “fine”, after paragraph (b) insert—

“(ba)

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

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

8 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

9 (1) Section 12 (absolute and conditional discharge) is amended as follows.

(2) In subsection (7)—

(a) omit “from making an order for costs against the offender or”, and

(b) for “him” substitute “the offender”.

(3) At the end insert—

“(8) Nothing in this section shall be construed as preventing a court, on discharging an offender absolutely or conditionally in respect of an offence, from—

(a) making an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or

(b) making an order for costs against the offender.”

10 In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—

“(ba) the Crown Court makes an order against a person under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge),”.

Proceeds of Crime Act 2002 (c. 29)

11 In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on court’s other powers), after “other than” insert “an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) or”.

Criminal Justice Act 2003 (c. 44)

12 The Criminal Justice Act 2003 is amended as follows.

13 In section 151(5) (community order or youth rehabilitation order for persistent offender previously fined), before “a compensation order” insert “an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or”.

14 In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—

(a) after “against” insert “—

(a)” , and

(b) at the end insert “under this section, and

(b) an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when dealing with the person under this section.”

15 In Schedule 8 (breach or amendment of community order), in paragraph 9(8) (appeals)—

(a) after “against” insert “—

(a)” , and

(b) at the end insert “, and

(b) an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when imposing that sentence.”

16 In Schedule 12 (breach or amendment of suspended sentence order), in paragraph 9(3) (appeals)—

(a) for “any order made by the court under paragraph 8(2)(a) or (b)” substitute “each of the following orders”, and

(b) at the end insert “—

(a) an order made by the court under paragraph 8(2)(a) or (b);

(b) an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when making an order described in paragraph (a).”