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Courts Bill [HL]


Courts Bill [HL]
Schedule 3 — Collection of fines by fines officers
Part 3 — Supplementary provisions

    73

 

              (b)             an immobilisation notice,

                   fitted or fixed to a motor vehicle in accordance with a clamping order made

under a further steps notice or under paragraph 14(3)(b) (powers of court

after increase).

          (2)      A person guilty of an offence under this paragraph is liable on summary

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conviction to a fine not exceeding level 3 on the standard scale.

Offence of giving false information to fines officer

  20      (1)      P commits an offence if, in providing a statement of his financial

circumstances to a fines officer in response to a relevant request, he—

              (a)             makes a statement which he knows to be false in a material

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particular,

              (b)             recklessly provides a statement which is false in a material

particular, or

              (c)             knowingly fails to disclose any material fact.

          (2)      A person guilty of an offence under this paragraph is liable on summary

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conviction to a fine not exceeding level 4 on the standard scale.

          (3)      A relevant request is a request for information about P’s financial

circumstances which—

              (a)             is made by a fines officer, and

              (b)             is expressed to be made for the purpose of determining whether or

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how the fines officer should vary the terms of a collection order in P’s

favour.

          (4)      Proceedings in respect of an offence under this paragraph may be

commenced at any time within—

              (a)             2 years from the date of the commission of the offence, or

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              (b)             6 months from its first discovery by the prosecutor,

                   whichever ends first.

Meaning of “standard powers in respect of persons liable to pay fines”

  21       “Standard powers in respect of persons liable to pay fines” means any

power—

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              (a)             that a magistrates’ court would have had if P had not been subject to

a collection order but had been liable to pay the sum due, and

              (b)             which fines collection regulations apply (with or without

modifications) for the purposes of this Schedule.

Meaning of “10 working days”

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  22       In this Schedule “10 working days” means any period of 10 days not

including—

              (a)             Saturday or Sunday,

              (b)             Christmas Day or Good Friday, or

              (c)             any day which is a bank holiday in England and Wales under the

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Banking and Financial Dealings Act 1971 (c. 80).

 

 

Courts Bill [HL]
Schedule 4 — Pre-trial hearings in magistrates’ courts

    74

 

“The magistrates’ court”

  23       In this Schedule “the magistrates’ court”, in relation to a collection order,

means any magistrates’ court acting in the local justice area in which the

court which made the order was sitting.

Changes in residence

5

  24       Fines collection regulations may make provision relating to cases where a

person who is subject to a collection order changes his place of residence.

Other supplementary provisions

  25      (1)      Fines collection regulations may, for the purpose of giving effect to this

Schedule and section 36, make provision modifying any enactment which

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relates to the enforcement of sums due.

          (2)      Different modifications may be made for different cases.

Schedule 4

Section 45

 

Pre-trial hearings in magistrates’ courts

           After section 8 of the 1980 Act, insert—

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“Pre-trial hearings

       8A            Power to make rulings at pre-trial hearing

              (1)             For the purposes of this section a hearing is a pre-trial hearing if—

                    (a)                   it relates to an information—

                           (i)                          which is to be tried summarily, and

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                           (ii)                         to which the accused has pleaded not guilty, and

                    (b)                   it takes place before the start of the trial.

              (2)             For the purposes of subsection (1)(b), the start of a summary trial

occurs when the court begins—

                    (a)                   to hear evidence from the prosecution at the trial, or

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                    (b)                   to consider whether to exercise its power under section 37(3)

of the Mental Health Act 1983 (power to make hospital order

without convicting the accused).

              (3)             At a pre-trial hearing, a magistrates’ court may make a ruling as to

any matter mentioned in subsection (4) if—

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                    (a)                   the condition in subsection (5) is met,

                    (b)                   the court has given the parties an opportunity to be heard,

and

                    (c)                   it appears to the court that it is in the interests of justice to

make the ruling.

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              (4)             The matters are—

                    (a)                   any question as to the admissibility of evidence;

 

 

Courts Bill [HL]
Schedule 4 — Pre-trial hearings in magistrates’ courts

    75

 

                    (b)                   any other question of law relating to the case.

              (5)             The condition is that, if the accused is not legally represented, the

court must—

                    (a)                   ask whether he wishes to be granted a right to representation

funded by the Legal Services Commission as part of the

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Criminal Defence Service, and

                    (b)                   if he does, decide whether or not to grant him that right.

              (6)             A ruling may be made under this section—

                    (a)                   on an application by a party to the case, or

                    (b)                   of the court’s own motion.

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              (7)             For the purposes of this section and section 8B, references to the

prosecutor are to any person acting as prosecutor, whether an

individual or body.

       8B            Effect of rulings at pre-trial hearing

              (1)             Subject to subsections (3) and (6), a ruling under section 8A has

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binding effect from the time it is made until the case against the

accused or, if there is more than one, against each of them, is

disposed of.

              (2)             The case against an accused is disposed of if—

                    (a)                   he is acquitted or convicted,

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                    (b)                   the prosecutor decides not to proceed with the case against

him, or

                    (c)                   the information is dismissed.

              (3)             A magistrates’ court may discharge or vary (or further vary) a ruling

under section 8A if—

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                    (a)                   the condition in section 8A(5) is met,

                    (b)                   the court has given the parties an opportunity to be heard,

and

                    (c)                   it appears to the court that it is in the interests of justice to do

so.

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              (4)             The court may act under subsection (3)—

                    (a)                   on an application by a party to the case, or

                    (b)                   of its own motion.

              (5)             No application may be made under subsection (4)(a) unless there has

been a material change of circumstances since the ruling was made

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or, if a previous application has been made, since the application (or

last application) was made.

              (6)             A ruling under section 8A is discharged in relation to an accused if—

                    (a)                                         the magistrates’ court commits or sends him to the Crown

Court for trial for the offence charged in the information, or

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                    (b)                   a count charging him with the offence is included in an

indictment by virtue of section 40 of the Criminal Justice Act

1988.

 

 

Courts Bill [HL]
Schedule 4 — Pre-trial hearings in magistrates’ courts

    76

 

       8C            Restrictions on reporting

              (1)             Except as provided by this section no report of matters falling within

subsection (2) may be published in England and Wales.

              (2)             The following matters fall within this subsection—

                    (a)                   a ruling under section 8A;

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                    (b)                   proceedings on an application for a ruling under section 8A;

                    (c)                   an order under section 8B that a ruling under section 8A be

discharged, varied or further varied;

                    (d)                   proceedings on an application under section 8B for a ruling

under section 8A to be discharged, varied or further varied.

10

              (3)             A magistrates’ court dealing with any matter falling within

subsection (2) may order that subsection (1) does not apply, or does

not apply to a specified extent, to a report of the matter.

              (4)             Where there is only one accused and he objects to the making of an

order under subsection (3)—

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                    (a)                   the court may make the order if (and only if) satisfied after

hearing the representations of the accused that it is in the

interests of justice to do so, and

                    (b)                   if the order is made, it shall not apply to the extent that a

report deals with any such objection or representations.

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              (5)             Where there are two or more accused and one or more of them

objects to the making of an order under subsection (3)—

                    (a)                   the court may make the order if (and only if) satisfied after

hearing the representations of each of the accused that it is in

the interests of justice to do so, and

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                    (b)                   if the order is made, it shall not apply to the extent that a

report deals with any such objection or representations.

              (6)             Subsection (1) does not apply to the publication of a report of matters

after the case against the accused or, if more than one, against each

of them, is disposed of.

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              (7)             Subsection (1) does not apply to a report which contains only one or

more of the following matters—

                    (a)                   the identity of the court and the names of the justices;

                    (b)                   the names, ages, home addresses and occupations of the

accused and witnesses;

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                    (c)                   the offence or offences, or a summary of them, with which the

accused or any of the accused are charged;

                    (d)                   the names of counsel and solicitors in the proceedings;

                    (e)                   where the proceedings are adjourned, the date and place to

which they are adjourned;

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                    (f)                   any arrangements as to bail;

                    (g)                   whether a right to representation funded by the Legal

Services Commission as part of the Criminal Defence Service

was granted to the accused or any of the accused.

              (8)                             The addresses that may be included in a report by virtue of

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subsection (7) are addresses—

 

 

Courts Bill [HL]
Schedule 4 — Pre-trial hearings in magistrates’ courts

    77

 

                    (a)                   at any relevant time, and

                    (b)                   at the time of their inclusion in the publication.

              (9)                             In subsection (8), “relevant time” means a time when events giving

rise to the charges to which the proceedings relate are alleged to have

occurred.

5

              (10)            Nothing in this section affects any prohibition or restriction imposed

by virtue of any other enactment on the publication of a report of any

matter.

              (11)            In this section and in section 8D—

                    (a)                   references to publication of a report of matters falling within

10

subsection (2)—

                           (i)                          include references to inclusion of those matters in any

speech, writing, relevant programme or other

communication in whatever form which is addressed

to the public at large or any section of the public (and

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for this purpose every relevant programme is to be

taken to be so addressed), but

                           (ii)                         do not include references to inclusion of those matters

in a document prepared for use in particular legal

proceedings;

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                    (b)                   “relevant programme” means a programme included in a

programme service, within the meaning of the Broadcasting

Act 1990.

       8D            Offences in connection with reporting

              (1)             If a report is published in contravention of section 8C each of the

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following persons is guilty of an offence—

                    (a)                   in the case of a publication of a report as part of a newspaper

or periodical, any proprietor, editor or publisher of the

newspaper or periodical;

                    (b)                   in the case of the inclusion of a report in a relevant

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programme, any body corporate which is engaged in

providing the service in which the programme is included

and any person having functions in relation to the

programme corresponding to those of an editor of a

newspaper;

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                    (c)                                         in the case of any other publication, any person publishing it.

              (2)                             If an offence under this section committed by a body corporate is

proved—

                    (a)                   to have been committed with the consent or connivance of, or

                    (b)                   to be attributable to any neglect on the part of,

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                              an officer, the officer as well as the body corporate is guilty of the

offence and liable to be proceeded against and punished

accordingly.

              (3)             In subsection (2), “officer” means a director, manager, secretary or

other similar officer of the body, or a person purporting to act in any

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such capacity.

 

 

Courts Bill [HL]
Schedule 5 — Further functions conferred on District Judges (Magistrates’ Courts)

    78

 

              (4)             If the affairs of a body corporate are managed by its members,

“director” in subsection (3) means a member of that body.

              (5)             A person guilty of an offence under this section is liable on summary

conviction to a fine of an amount not exceeding level 5 on the

standard scale.

5

              (6)             Proceedings for an offence under this section may not be instituted

otherwise than by or with the consent of the Attorney General.”

Schedule 5

Section 65

 

Further functions conferred on District Judges (Magistrates’ Courts)

Criminal Justice Act 1967 (c. 80)

10

  1        In section 9(5) (requirement for author of written statement to give evidence

in person), for “by a puisne judge of the High Court, a Circuit judge or

Recorder sitting alone” substitute “by any of the following sitting alone—

                    (a)                      a puisne judge of the High Court;

                    (b)                      a Circuit judge;

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                    (c)                      a District Judge (Magistrates’ Courts);

                    (d)                      a Recorder.”

Taxes Management Act 1970 (c. 9)

  2        In—

              (a)             section 20D(1)(a) (meaning of “the appropriate judicial authority” in

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relation to England and Wales), and

              (b)             paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply

with order under section 20BA),

           after “Circuit judge” insert “or a District Judge (Magistrates’ Courts)”.

Juries Act 1974 (c. 23)

25

  3        In section 9B, for subsection (3) (meaning of “the judge” for purposes of

discharge of person incapable of acting effectively as juror) substitute—

              “(3)                In this section and section 10 “the judge” means—

                    (a)                   a judge of the High Court,

                    (b)                   a Circuit judge,

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                    (c)                   a District Judge (Magistrates’ Courts), or

                    (d)                   a Recorder.”

  4        In section 10 (discharge of summons in case of doubt as to capacity to act

effectively as juror) omit “and for this purpose “the judge” means any judge

of the High Court or any Circuit judge or Recorder”.

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Courts Bill [HL]
Schedule 5 — Further functions conferred on District Judges (Magistrates’ Courts)

    79

 

Police and Criminal Evidence Act 1984 (c. 60)

  5        In section 9(2A) (application of enactments relating to execution of process

in Scotland or Northern Ireland to processes issued by a Circuit judge under

Schedule 1 to 1984 Act), for “circuit judge” substitute “judge”.

  6       (1)      In Schedule 1 (applications for access to excluded or special procedure

5

material) for “circuit judge”, in each place, substitute “judge”.

          (2)      After paragraph 16 insert—

“Interpretation

          17                  In this Schedule “judge” means a Circuit judge or a District Judge

(Magistrates’ Courts).”

10

Computer Misuse Act 1990 (c. 18)

  7        In section 14(1) (search warrants for offences under section 1) after “a Circuit

judge” insert “or a District Judge (Magistrates’ Courts)”.

Data Protection Act 1998 (c. 29)

  8        In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after

15

“circuit judge” insert “or a District Judge (Magistrates’ Courts)”.

Terrorism Act 2000 (c. 11)

  9                 In Schedule 5 (terrorist investigations: information)—

              (a)             in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1),

after “Circuit judge” insert “or a District Judge (Magistrates’

20

Courts)”, and

              (b)             in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “or the

District Judge (Magistrates’ Courts)”.

  10       In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge”

insert “or a District Judge (Magistrates’ Courts)”.

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  11       In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a

Circuit judge,” substitute “a Circuit judge or a District Judge (Magistrates’

Courts),”.

Regulation of Investigatory Powers Act 2000 (c. 23)

  12       In Schedule 2 (persons who have the appropriate permission), in paragraph

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1(1)(a), after “Circuit judge” insert “or a District Judge (Magistrates’

Courts)”.

Freedom of Information Act 2000 (c. 36)

  13       In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after

“Circuit judge” insert “or a District Judge (Magistrates’ Courts)”.

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International Criminal Court Act 2001 (c. 17)

  14       In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1)

 

 

 
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