Schedules

Schedule 2Criminal procedure: consequential and related amendments

I1I23Amendments in connection with section 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

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)”.