Judicial Review and Courts Act 2022

Section 18

Schedule 2 U.K. Criminal procedure: consequential and related amendments

Valid from 07/11/2023

Amendments in connection with section 3 U.K.

1 (1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 16A(1) (availability of trial by single justice on the papers)—

(a) in paragraph (c), omit the final “and”;

(b) after paragraph (d) insert “, and

(e) the accused has not accepted the automatic online conviction option in respect of the offence.”

(3)  In section 89 (transfer of fines within England and Wales), after subsection (4) insert— 

“(5) When this section applies to a sum payable by virtue of a conviction under section 16H—

(a) 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

(b) the power in subsection (1) may be exercised by any fines officer.”

(4) In section 90 (transfer of fines to Scotland or Northern Ireland), after subsection (3A) insert—

“(4) When this section applies to a sum payable by virtue of a conviction under section 16H—

(a) 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

(b) the power in subsection (1) may be exercised by any fines officer.”

(5) In section 108 (right of appeal to the Crown Court), after subsection (2) insert—

“(2A) 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).”

(6) In section 150(1) (interpretation), in the definition of “fine”, after “purposes of” insert “sections 16G to 16M and of”.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 51(4)

2 In section 8 of the Road Traffic Offenders Act 1988 (duty to include date of birth and sex in written plea of guilty), after paragraph (aa) (but before the final “or”) insert—

“(ab) gives a notification amounting to acceptance of the automatic online conviction option (within the meaning of section 16G of the Magistrates’ Courts Act 1980),”.

Commencement Information

I2 Sch. 2 para. 2 not in force at Royal Assent, see s. 51(4)

3 (1) 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).

(2) In paragraph 1 (application of Schedule)—

(a) the existing provision becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) 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).

(3) For the purposes of this Schedule as it applies as mentioned in paragraph 1(2), “the fines officer” means any fines officer.”

(3) In paragraph 2(1) (meaning of “the sum due”), for “1” substitute “1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty”.

(4) In paragraph 3(1) (meaning of “existing defaulter”)—

(a) in paragraph (c), for “1, or” substitute “1(1),”;

(b) in paragraph (d), for “1” substitute “1(1)”;

(c) at the end insert “, or

(e) the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).”

(5) After paragraph 10 insert—

“Application of this Part to person with automatic online conviction U.K.

10A 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.”

(6) In paragraph 13 (contents of collection orders: general), in sub-paragraph (2), after “P” insert “and a collection order”.

(7) In paragraph 21 (application of Part 6)—

(a) the existing provision becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) This Part also applies if a person (“P”) has been given a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

(3) In the application of this Part in such a case—

(a) “collection order” means the notice of conviction and penalty;

(b) a reference to the collection order being made is a reference to the notice of conviction and penalty being given;

(c) “payment terms” means the requirements as to the time and manner of payment imposed under section 16L(2)(c) of the Magistrates’ Courts Act 1980.”

(8) In paragraph 25 (application of Part 7)—

(a) the existing provision becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) This Part also applies on the first occasion on which a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).”

(9) In paragraph 29 (application of Part 8)—

(a) the existing provision becomes sub-paragraph (1);

(b) after that sub-paragraph insert—

“(2) This Part also applies if (through the application of Part 6 by virtue of paragraph 21(2))—

(a) a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) contains reserve terms, and

(b) the attachment of earnings order or application for benefit deductions made under Part 6 fails.”

(10) In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), after sub-paragraph (1) insert—

“(1A) This paragraph also applies if—

(a) a person (“P”) is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980), and

(b) paragraph 26 does not apply.”

(11) In Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), in paragraph 2 (cases where work order may be made), in sub-paragraph (1)(a)(vi), after “Schedule 5” insert “(including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order)”.

Commencement Information

I3 Sch. 2 para. 3 not in force at Royal Assent, see s. 51(4)

4 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 29 (institution of proceedings by written charge)—

(a) for the heading substitute “Instituting proceedings by written charge”;

(b) after subsection (2) insert—

“(2AA) A single justice procedure notice may be issued only if—

(a) the offence is a summary offence not punishable with imprisonment, and

(b) the person being charged has attained the age of 18, or is not an individual.”;

(c) after subsection (2B) insert—

“(2C) Subsection (2D) applies if—

(a) the offence is specified in regulations under section 16H(3)(a) of the Magistrates’ Courts Act 1980, and

(b) 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).

(2D) The single justice procedure notice must also explain—

(a) 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

(b) that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply.

(2E) 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).”

(3) In section 30 (further provision about institution of proceedings by written charge), in the heading, for “new method” substitute “written charges”.

(4) In section 330 (orders and rules), in subsection (1)(c), after “sections” insert “29(2E),”.

Commencement Information

I4 Sch. 2 para. 4 not in force at Royal Assent, see s. 51(4)

Prospective

Amendment in connection with section 4 U.K.

5 In section 11(5) of the Magistrates’ Courts Act 1980 (proceedings to which section 11(3) and (4) of that Act applies), after “apply” insert “(except where the court is proceeding under section 12(5))”.

Commencement Information

I5 Sch. 2 para. 5 not in force at Royal Assent, see s. 51(4)

Prospective

Amendments in connection with sections 6 to 8 U.K.

6 (1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 17A (initial indication of plea at hearing)—

(a) in the heading, for “procedure” substitute “hearing”;

(b) after subsection (1) insert—

“(1A) But in a case where section 17ZA(3) has effect, this section does not have effect unless—

(a) the accused has failed to give a written indication of guilty plea (see subsection (13) of that section), or

(b) the accused has given such an indication but later withdrawn it as described in subsection (10) of that section.”;

(c) in subsection (7), for “section 18(1) below shall apply” substitute “, the court is to proceed in accordance with section 17BA”.

(3) In section 17B (power to proceed with hearing for initial indication of plea in absence of disruptive accused)—

(a) in subsection (2)(d), for “section 18(1) below shall apply” substitute “, the court is to proceed in accordance with section 17BA”;

(b) in subsection (3), for “and section 18(1) below” substitute “, section 18(1) and section 20”.

(4) In section 17C (power to adjourn hearing for initial indication of plea), for “or 17B” substitute “, 17B or 17BA”.

(5) In section 17D (maximum penalty following indication of guilty plea for certain low-value offences)—

(a) in the heading, after “section” insert “17ZB(9),”;

(b) in subsection (1)(b), after “section” insert “17ZB(9),”.

(6) In section 17E (functions under sections 17A to 17D capable of exercise by single justice)—

(a) in the heading, for “17A” substitute “17ZA”;

(b) in subsection (1), for “17A” substitute “17ZA”.

(7) In section 18 (procedure for determining mode of trial)—

(a) for subsection (1) substitute—

“(1) A magistrates’ court must proceed by way of a hearing in accordance with such of sections 19 to 22 as are applicable where—

(a) a person before the court as mentioned in section 17A(1)—

(i) indicates under that section that (if the offence in question were to proceed to trial) the person would plead not guilty, and

(ii) does not give an in-court indication of non-consent to summary trial (see section 17BA(6));

(b) the legal representative of a person who has been before the court as mentioned in section 17A(1)—

(i) indicates under section 17B that (if the offence in question were to proceed to trial) the person would plead not guilty, and

(ii) does not give an in-court indication of non-consent to summary trial; or

(c) section 17B has effect and no legal representative of the accused is present at the hearing referred to in that section.

(1A) A magistrates’ court must also proceed in that way (subject to section 17ZA(11)) where—

(a) a person charged with an offence that is not a scheduled offence—

(i) has given a written indication of a not guilty plea (see section 17ZA(13)),

(ii) has failed to give a written indication of non-consent to summary trial (see section 17ZC(9)), and

(iii) has failed to make an election for written allocation proceedings (see section 17ZC(9));

(b) a person charged with a scheduled offence—

(i) has given a written indication of a not guilty plea, and

(ii) has failed to make an election for written allocation proceedings; or

(c) 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.

(1B) Subsections (2) and (4) apply in respect of a hearing under subsection (1) or (1A).”;

(b) after subsection (4) insert—

“(4A) 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) a person charged with an offence that is not a scheduled offence—

(i) has given a written indication of a not guilty plea,

(ii) has failed to give a written indication of non-consent to summary trial, and

(iii) has made an election for written allocation proceedings (see section 17ZC(9)); or

(b) a person charged with a scheduled offence—

(i) has given a written indication of a not guilty plea, and

(ii) has made an election for written allocation proceedings.

(4B) 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).”;

(c) after subsection (5) insert—

“(6) In this section, “scheduled offence” has the meaning given by section 22(1).”

(8) In section 20 (procedure at allocation hearing where summary trial deemed suitable)—

(a) in subsections (5), (6) and (8)(b), after “section” insert “17ZA,”;

(b) in subsection (7), after “If” insert “the court is proceeding by way of a hearing and”;

(c) after subsection (7) insert—

“(7A) 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.

(7B) If, at a summary trial held in accordance with subsection (7A), the accused pleads not guilty—

(a) the trial and the plea are void, and

(b) subsection (9) below applies.”

(9) In section 22 (certain low-value either-way offences to be tried summarily)—

(a) after subsection (2) insert—

“(2A) 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).

(2B) 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.

(2C) 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.

(2D) 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.

(2E) If neither subsection (2B) nor subsection (2D) applies, the court shall proceed in accordance with sections 19 to 21.”;

(b) omit subsections (3) to (6).

(10) In section 23 (power to proceed with allocation hearing in absence of represented accused), omit subsection (3).

(11) In section 24A (child or young person to indicate intention as to plea in certain cases)—

(a) for the heading substitute “Child or young person to indicate plea at hearing where allocation decision otherwise required”;

(b) after subsection (1) insert—

“(1A) But in a case where section 24ZA(3) has effect, this section does not apply unless—

(a) the accused has failed to give a written indication of a guilty plea (see section 24ZA(11)), or

(b) the accused has given such an indication but later withdrawn it as described in section 24ZB(7).”

(12) In section 27A (power to transfer criminal proceedings), for subsections (1) and (2) substitute—

“(1) 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.”

Commencement Information

I6 Sch. 2 para. 6 not in force at Royal Assent, see s. 51(4)

7 In section 47 of the Police and Criminal Evidence Act 1984 (bail after arrest), for subsection (3A) substitute—

“(3A) 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.”

Commencement Information

I7 Sch. 2 para. 7 not in force at Royal Assent, see s. 51(4)

8 (1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court)—

(a) in subsection (4), for “subsections (2) or (6)(a)” substitute “subsection (2)”;

(b) after subsection (5) insert—

“(6) 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.”

(3) In section 51B(4) (court to which notices under that section to be given), at the end insert “, or which is conducting any written proceedings in relation to the offence”.

Commencement Information

I8 Sch. 2 para. 8 not in force at Royal Assent, see s. 51(4)

Prospective

Amendments in connection with section 9 U.K.

9 (1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 18(2) (requirement for allocation proceedings to take place in presence of accused), omit “subsection (3) below and”.

(3) In section 24(1) (child or young person generally to be tried summarily), for “and 24B” substitute “to 24BA”.

(4) In section 24A(2) (procedure where child or young person to indicate intention as to plea), after “applies” insert “(and subject to section 24BA)”.

(5) In section 24C(1) (power to adjourn plea and allocation hearing), for “or 24B” substitute “, 24B or 24BA”.

Commencement Information

I9 Sch. 2 para. 9 not in force at Royal Assent, see s. 51(4)

Prospective

Amendments in connection with section 10 U.K.

10 (1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In sections 19(6), 20(9)(b), 21, 22A(2)(b), 23(4)(b) and (5) and 25(2D) (which provide for the application of section 51 of the Crime and Disorder Act 1998 in various cases), for “51(1)” substitute “51”.

(3) In section 24A (child or young person to indicate intention as to plea in certain cases), in subsection (1), for paragraph (b) substitute—

“(b) a magistrates’ court would, but for this section and section 24B, have to determine under section 51A of the 1998 Act—

(i) whether to send the accused to the Crown Court for trial, or

(ii) any matter the effect of which would be to determine whether the accused is sent to the Crown Court for trial.”

Commencement Information

I10 Sch. 2 para. 10 not in force at Royal Assent, see s. 51(4)

11 (1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court), in subsection (3)(a)—

(a) in the words before sub-paragraph (i), for “under section 51(2)(a) or 51(2)(c) below” substitute “in relation to which the condition set out in subsection (2)(a) or (c) of section 51 is met”;

(b) for sub-paragraph (i) substitute—

“(i) 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;”.

(3) In section 51E (interpretation of sections 50A to 51D), omit paragraphs (c) and (d).

Commencement Information

I11 Sch. 2 para. 11 not in force at Royal Assent, see s. 51(4)

Amendments in connection with section 11 U.K.

12 (1) Schedule 3 to the Crime and Disorder Act 1998 (procedure where accused sent to the Crown Court for trial) is amended as follows.

(2) Omit paragraphs 7 to 13.

(3) In paragraph 15—

(a) in sub-paragraph (1), for “paragraphs 9 to” substitute “paragraph”;

(b) omit sub-paragraphs (3) and (4).

Commencement Information

I12 Sch. 2 para. 12 in force at Royal Assent, see s. 51

13 In section 122(1) of the Coroners and Justice Act 2009 (“allocation guidelines”)—

(a) the words from “decisions” to the end become paragraph (a);

(b) in that paragraph, omit the words from “, or the” to “(c. 37),”;

(c) after that paragraph insert—

“(b) 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.”

Commencement Information

I13 Sch. 2 para. 13 in force at Royal Assent, see s. 51(1)(c)

14 In section 26 of the Sentencing Code (provision about remission by Crown Court)—

(a) in the heading, after “youth court” insert “or other magistrates’ court”;

(b) in subsection (1), at the end insert “or a magistrates’ court under section 25A”;

(c) in subsection (2), after “youth court” insert “or magistrates’ court”;

(d) in subsection (3)(b), after “youth court” insert “or magistrates’ court”.

Commencement Information

I14 Sch. 2 para. 14 in force at Royal Assent, see s. 51(1)(c)

Prospective

Amendments in connection with section 12 U.K.

15 (1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 51D (notice to be given on sending to the Crown Court for trial), in subsections (1)(a) and (3), after “section” insert “47(1A),”.

(3) In section 52 (supplementary provision about sending to the Crown Court for trial), in each of the following places, before “51” insert “47(1A),”—

(a) the heading;

(b) subsections (1), (3) and (6).

(4) In Schedule 3 (procedure where accused sent to the Crown Court for trial)—

(a) in the heading, for “51” substitute “47(1A), 51 or 51A”;

(b) in each the following places, before “51” insert “47(1A),”—

(i) paragraph 1;

(ii) paragraph 2(1);

(iii) paragraph 4(1)(a);

(iv) paragraph 5(2);

(v) paragraph 6(1).

Commencement Information

I15 Sch. 2 para. 15 not in force at Royal Assent, see s. 51(4)

Valid from 14/07/2022

Amendments in connection with section 13 U.K.

16 In section 133 of the Magistrates’ Courts Act 1980 (consecutive terms of imprisonment)—

(a) in subsection (1), for “6 months” substitute “the longest term that could be imposed in respect of any one of the offences for which a term of imprisonment is being imposed”;

(b) in subsection (2), for “6 months” substitute “the longest term otherwise permitted by subsection (1) (if less than 12 months)”.

Commencement Information

I16 Sch. 2 para. 16 not in force at Royal Assent, see s. 51(4)

17 In section 141(5A) of the Environmental Protection Act 1990 (maximum terms for offences under regulations about waste imports and exports), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”.

Commencement Information

I17 Sch. 2 para. 17 not in force at Royal Assent, see s. 51(4)

18 In section 113(10A) of the Scotland Act 1998 (maximum terms for offences under subordinate legislation under that Act), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”.

Commencement Information

I18 Sch. 2 para. 18 not in force at Royal Assent, see s. 51(4)

19 (1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 155(2) (amendment of section 133(1) of the Magistrates’ Courts Act 1980), for ““6 months”” substitute “the words from “the longest” to “being imposed””.

(3) In section 283 (power to amend powers to make offences punishable with imprisonment)—

(a) in subsection (1)—

(i) omit “or (3)”;

(ii) omit paragraph (b);

(b) omit subsection (3).

Commencement Information

I19 Sch. 2 para. 19 not in force at Royal Assent, see s. 51(4)

20 In section 42 of the Gambling Act 2005 (offence of cheating at gambling)—

(a) in subsection (4)(b), for “51 weeks” substitute “the general limit in a magistrates’ court”;

(b) in subsection (5), for “51 weeks” substitute “the general limit in a magistrates’ court”.

Commencement Information

I20 Sch. 2 para. 20 not in force at Royal Assent, see s. 51(4)

21 In Part 5 of Schedule 22 to the Sentencing Act 2020 (prospective amendments of the Sentencing Code in relation to custodial sentences)—

(a) omit paragraph 24;

(b) before paragraph 25 insert—

“24A In section 224(1A)(a) (general limit on custodial sentence for summary offence in magistrates’ court), for “6 months” substitute “12 months”.”

Commencement Information

I21 Sch. 2 para. 21 not in force at Royal Assent, see s. 51(4)