Sch. 2 para. 1 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 2 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 3 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 4 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 5 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 6 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 7 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 8 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 9 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 10 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 11 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 12 in force at Royal Assent, see s. 51
Sch. 2 para. 13 in force at Royal Assent, see s. 51(1)(c)
Sch. 2 para. 14 in force at Royal Assent, see s. 51(1)(c)
Sch. 2 para. 15 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 16 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 17 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 18 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 19 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 20 not in force at Royal Assent, see s. 51(4)
Sch. 2 para. 21 not in force at Royal Assent, see s. 51(4)
Section 18
The Magistrates’ Courts Act 1980 is amended as follows.
In section 16A(1) (availability of trial by single justice on the papers)—
in paragraph (c), omit the final “and”;
the accused has not accepted the automatic online conviction option in respect of the offence.
When this section applies to a sum payable by virtue of a conviction under section 16H— 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 the power in subsection (1) may be exercised by any fines officer.
When this section applies to a sum payable by virtue of a conviction under section 16H— 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 the power in subsection (1) may be exercised by any fines officer.
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).
gives a notification amounting to acceptance of the automatic online conviction option (within the meaning of section 16G of the Magistrates’ Courts Act 1980),
Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as set out in sub-paragraphs (2) to (10).
In paragraph 1 (application of Schedule)—
the existing provision becomes sub-paragraph (1);
A sum payable under a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) is not to be regarded as a sum within sub-paragraph (1); but this Schedule applies in relation to such sums as provided in paragraphs 10A, 21(2), 25(2), 29(2) and 37(1A). For the purposes of this Schedule as it applies as mentioned in paragraph 1(2), “
In paragraph 3(1) (meaning of “
the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).
This Part of this Schedule applies to a person who has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) as it applies to P.
In paragraph 21 (application of Part 6)—
the existing provision becomes sub-paragraph (1);
This Part also applies if a person (“ In the application of this Part in such a case— “ a reference to the collection order being made is a reference to the notice of conviction and penalty being given; “
In paragraph 25 (application of Part 7)—
the existing provision becomes sub-paragraph (1);
This Part also applies on the first occasion on which a person (“
In paragraph 29 (application of Part 8)—
the existing provision becomes sub-paragraph (1);
This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))— a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and the attachment of earnings order or application for benefit deductions made under Part 6 fails.
This paragraph also applies if— a person (“ paragraph 26 does not apply.
The Criminal Justice Act 2003 is amended as follows.
In section 29 (institution of proceedings by written charge)—
A single justice procedure notice may be issued only if— the offence is a summary offence not punishable with imprisonment, and the person being charged has attained the age of 18, or is not an individual.
Subsection (2D) applies if— the offence is specified in regulations under section 16H(3)(a) of the Magistrates’ Courts Act 1980, and the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G(1) of the Magistrates’ Courts Act 1980). The single justice procedure notice must also explain— the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply. The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C)(b).
The Magistrates’ Courts Act 1980 is amended as follows.
In section 17A (initial indication of plea at hearing)—
But in a case where section 17ZA(3) has effect, this section does not have effect unless— the accused has failed to give a written indication of guilty plea (see subsection (13) of that section), or the accused has given such an indication but later withdrawn it as described in subsection (10) of that section.
In section 17B (power to proceed with hearing for initial indication of plea in absence of disruptive accused)—
In section 17D (maximum penalty following indication of guilty plea for certain low-value offences)—
In section 17E (functions under sections 17A to 17D capable of exercise by single justice)—
In section 18 (procedure for determining mode of trial)—
A magistrates’ court must proceed by way of a hearing in accordance with such of sections 19 to 22 as are applicable where— a person before the court as mentioned in section 17A(1)— indicates under that section that (if the offence in question were to proceed to trial) the person would plead not guilty, and does not give an in-court indication of non-consent to summary trial (see section 17BA(6)); the legal representative of a person who has been before the court as mentioned in section 17A(1)— indicates under section 17B that (if the offence in question were to proceed to trial) the person would plead not guilty, and does not give an in-court indication of non-consent to summary trial; or section 17B has effect and no legal representative of the accused is present at the hearing referred to in that section. A magistrates’ court must also proceed in that way (subject to section 17ZA(11)) where— a person charged with an offence that is not a scheduled offence— has given a written indication of a not guilty plea (see section 17ZA(13)), has failed to give a written indication of non-consent to summary trial (see section 17ZC(9)), and has failed to make an election for written allocation proceedings (see section 17ZC(9)); a person charged with a scheduled offence— has given a written indication of a not guilty plea, and has failed to make an election for written allocation proceedings; or a person has given a written indication of a not guilty plea and neither subsection (3) nor subsection (5) of section 17ZC has effect in relation to the case. Subsections (2) and (4) apply in respect of a hearing under subsection (1) or (1A).
A magistrates’ court must (subject to section 17ZA(11)) proceed in writing in accordance with such of sections 19 to 22 as are applicable where— a person charged with an offence that is not a scheduled offence— has given a written indication of a not guilty plea, has failed to give a written indication of non-consent to summary trial, and has made an election for written allocation proceedings (see section 17ZC(9)); or a person charged with a scheduled offence— has given a written indication of a not guilty plea, and has made an election for written allocation proceedings. Everything that the court is required to do under any of sections 19 to 22, when proceeding by virtue of subsection (4A), must be done before any evidence is called; but it is not to be done in open court or in the presence of the accused (or the accused’s legal representative).
In this section, “
In section 20 (procedure at allocation hearing where summary trial deemed suitable)—
If the court is proceeding in writing and the accused indicates that he would plead guilty the court shall proceed (at a hearing rather than in writing) to try the offence summarily under section 9. If, at a summary trial held in accordance with subsection (7A), the accused pleads not guilty— the trial and the plea are void, and subsection (9) below applies.
In section 22 (certain low-value either-way offences to be tried summarily)—
If, where subsection (1) above applies, it does not appear to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed in accordance with subsections (2B) to (2E). If the court is proceeding by way of a hearing and the accused, or a legal representative of the accused, is present, the court shall proceed in accordance with section 17BA. For the purposes of subsection (2B), the references in subsections (2) and (5) of section 17BA to proceeding in accordance with section 18(1) are to be read as references to proceeding in accordance with sections 19 to 21. If the court is proceeding in writing, and the accused has given a written indication of non-consent to summary trial (see section 17ZC(9)), the court shall proceed in relation to the offence in accordance with section 51 of the Crime and Disorder Act 1998. If neither subsection (2B) nor subsection (2D) applies, the court shall proceed in accordance with sections 19 to 21.
omit subsections (3) to (6).
In section 23 (power to proceed with allocation hearing in absence of represented accused), omit subsection (3).
In section 24A (child or young person to indicate intention as to plea in certain cases)—
But in a case where section 24ZA(3) has effect, this section does not apply unless— the accused has failed to give a written indication of a guilty plea (see section 24ZA(11)), or the accused has given such an indication but later withdrawn it as described in section 24ZB(7).
A magistrates’ court may at any time, whether before or after beginning to hear the trial of any person for an offence, transfer the matter to another magistrates’ court.
Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, the custody officer shall appoint for the appearance the time and date, and place, which is notified to the custody officer by the designated officer for the court.
The Crime and Disorder Act 1998 is amended as follows.
In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court)—
This section does not apply where a person appears before a magistrates’ court for summary trial in accordance with section 17ZB(9), 20(7A) or 24ZA(5) of the Magistrates’ Courts Act 1980.
The Magistrates’ Courts Act 1980 is amended as follows.
In section 18(2) (requirement for allocation proceedings to take place in presence of accused), omit “subsection (3) below and”.
The Magistrates’ Courts Act 1980 is amended as follows.
a magistrates’ court would, but for this section and section 24B, have to determine under section 51A of the 1998 Act— whether to send the accused to the Crown Court for trial, or any matter the effect of which would be to determine whether the accused is sent to the Crown Court for trial.
The Crime and Disorder Act 1998 is amended as follows.
In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court), in subsection (3)(a)—
the court shall first consider whether provision in Criminal Procedure Rules of the sort described in section 51(3A) applies and, if it does, shall deal with the relevant offence accordingly;
In section 51E (interpretation of sections 50A to 51D), omit paragraphs (c) and (d).
Schedule 3 to the Crime and Disorder Act 1998 (procedure where accused sent to the Crown Court for trial) is amended as follows.
Omit paragraphs 7 to 13.
In paragraph 15—
omit sub-paragraphs (3) and (4).
In section 122(1) of the Coroners and Justice Act 2009 (“allocation guidelines”)—
the words from “decisions” to the end become paragraph (a);
in that paragraph, omit the words from “, or the” to “(c. 37),”;
decisions by the Crown Court as to whether to exercise the power in section 46ZA(1) of the Senior Courts Act 1981 or section 25A(2) of the Sentencing Code.
In section 26 of the Sentencing Code (provision about remission by Crown Court)—
The Crime and Disorder Act 1998 is amended as follows.
the heading;
subsections (1), (3) and (6).
In Schedule 3 (procedure where accused sent to the Crown Court for trial)—
paragraph 1;
paragraph 2(1);
paragraph 4(1)(a);
paragraph 5(2);
paragraph 6(1).
In section 133 of the Magistrates’ Courts Act 1980 (consecutive terms of imprisonment)—
The Criminal Justice Act 2003 is amended as follows.
In section 283 (power to amend powers to make offences punishable with imprisonment)—
in subsection (1)—
omit “or (3)”;
omit paragraph (b);
omit subsection (3).
In section 42 of the Gambling Act 2005 (offence of cheating at gambling)—
In Part 5 of Schedule 22 to the Sentencing Act 2020 (prospective amendments of the Sentencing Code in relation to custodial sentences)—
omit paragraph 24;