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Courts Bill [HL]


 
 

Courts Bill [HL]

COMMONS AMENDMENTS

[The page and line references are to Bill 112 as first printed for the Commons.]

Clause 3

1

Page 2, line 40, leave out “shall” and insert “may”

Clause 4

2

Page 3, line 17, leave out “Subject to subsection (7),”

3

Page 3, line 29, leave out from “Chancellor” to second “the” in line 34 and insert

 

“must have regard to the desirability of specifying areas which are the same as—

 

           (a)              the police areas listed in Schedule 1 to the Police Act 1996 (c. 16)

 

(division of England and Wales, except London, into police areas),

 

and

 

           (b)              the area consisting of”

Clause 17

4

Page 9, line 8, leave out paragraph (c)

Clause 36

5

Page 17, line 12, after “2(1)” insert “or provided under a contract made by virtue of

 

section 2(4)”

6

Page 17, line 14, leave out subsections (2) to (8)

Clause 41

7

Page 20, line 27, at end insert—

 

     “( )       No act is invalidated merely because of the disqualification under this

 

section of the person by whom it is done.”

Clause 42

8

Page 21, line 1, leave out “before 31st January 2002” and insert “, whether made

 

before or after the passing of this Act,”

 
 
HL Bill 11253/2

 
 

    (  2  )

 

Clause 92

9

Page 44, line 30, leave out subsection (2)

10

Page 44, line 35, at end insert—

 

     “( )       When including any provision in an order under this section, the Lord

 

Chancellor must have regard to the principle that access to the courts must

 

not be denied.”

11

Page 45, line 16, leave out subsection (11)

Clause 95

12

Page 46, line 42, at end insert—

 

     “( )       Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements

 

as to financial circumstances) as follows.

 

     ( )       After subsection (1) insert—

 

           “(1A)              A person who is charged with an offence who fails to furnish a

 

statement of his financial circumstances in response to an official

 

request shall be liable on summary conviction to a fine not

 

exceeding level 2 on the standard scale.”

 

     ( )       In subsection (2)(b), after “may impose” insert “and how it should be

 

paid”.”

After Clause 95

13

Insert the following new Clause—


 
 

    (  3  )

 
 

“Recovery of fines etc. by deductions from income support: failure to provide

 

information

 

     (1)    Amend section 24 of the Criminal Justice Act 1991 (c. 53) (power to make

 

regulations about recovery of fines etc. by deductions from income

 

support) as follows.

 

     (2)    In subsection (2), after paragraph (a) insert—

 

                  “(aa)                    provision that the court may require the offender to provide

 

prescribed information in connection with an application;”.

 

     (3)    After subsection (2) insert—

 

           “(2A)              An offender who fails to provide information required by the court

 

by virtue of subsection (2)(aa) commits an offence.

 

           (2B)              An offender commits an offence if, in providing information

 

required by the court by virtue of that subsection, he—

 

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

 

particular,

 

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

 

particular, or

 

                  (c)                 knowingly fails to disclose any material fact.

 

           (2C)              A person guilty of an offence under subsection (2A) or (2B) is liable

 

on summary conviction to a fine not exceeding level 2 on the

 

standard scale.”

14

Insert the following new Clause—

 

“Collection of fines and discharge of fines by unpaid work

 

     (1)    Schedule (Collection of fines) contains provisions about the collection of

 

fines.

 

     (2)    Schedule (Discharge of fines by unpaid work) contains provisions about the

 

discharge of fines by means of unpaid work.

 

     (3)    Subsections (4) to (9) apply in relation to each of those Schedules.

 

     (4)    The Schedule is to have effect only in accordance with—

 

           (a)           subsections (5) and (6) (pilot schemes), or

 

           (b)           subsections (7) to (9) (power to make pilot schemes, or modified

 

versions of pilot schemes, permanent after completion of pilots).

 

     (5)    The Lord Chancellor may by order provide that the Schedule is to have

 

effect in relation to the local justice area or areas specified in the order for

 

the period specified in the order.

 

     (6)    An order under subsection (5) may make provision modifying the

 

Schedule, or any enactment in connection with the operation of the

 

Schedule, in relation to the specified local justice area or areas and the

 

specified period.

 

     (7)    The Lord Chancellor may, at the end of the relevant period, by order

 

provide that the Schedule is to have effect—

 

           (a)           in all local justice areas, and

 

           (b)           indefinitely.


 
 

    (  4  )

 
 

     (8)    “The relevant period” means—

 

           (a)           if one order has been made under subsection (5) in relation to the

 

Schedule, the period specified in the order;

 

           (b)           if more than one order has been made under subsection (5) in

 

relation to the Schedule, the period which, out of the periods so

 

specified, ends at the latest date.

 

     (9)    An order under subsection (7) may make such amendments of—

 

           (a)           the Schedule, and

 

           (b)           any other enactments,

 

            as appear to the Lord Chancellor appropriate in the light of the operation

 

of the Schedule in accordance with the order made under subsection (5)

 

(pilot schemes).”

Clause 101

15

Page 55, line 23, leave out subsection (3) and insert—

 

     “(3)       For subsection (1) substitute—

 

           “(1)              The Lord Chancellor, after consultation with the Lord Chief Justice,

 

may appoint as Official Solicitor to the Supreme Court a person

 

who is—

 

                  (a)                 a solicitor of the Supreme Court of at least 7 years’ standing,

 

or

 

                  (b)                 a member of the Bar of Northern Ireland of at least 7 years’

 

standing.””

Clause 105

16

Page 57, leave out lines 19 and 20

Clause 106

17

Page 58, line 11, leave out paragraph (c)

18

Page 58, line 18, at end insert—

 

           “( )              an order under section (Collection of fines and discharge of fines by

 

unpaid work)(7) to (9) (power to make permanent provision about

 

collection of fines and discharge of fines by unpaid work);”

Clause 107

19

Page 58, line 39, at end insert—

 

     “( )       Schedule (Transitional provisions and savings) contains transitional

 

provisions and savings.”

Clause 110

20

Page 59, line 28, leave out subsection (2)

 

Schedule 1

21

Page 60, line 9, leave out “who are” and insert “, each of whom is”


 
 

    (  5  )

 

Schedule 3

22

Page 66, line 1, leave out Schedule 3

After Schedule 5

23

Insert the following new Schedule—

 

“Collection of fines

 

Part 1

 

Introductory

 

Application of Schedule

 

  1       (1)      This Schedule applies if a person aged 18 or over (“P”) is liable to pay a

 

sum which—

 

              (a)             consists of or includes a fine, and

 

              (b)             is or is treated for the purposes of Part 3 of the 1980 Act as a sum

 

adjudged to be paid by conviction of a magistrates’ court.

 

          (2)      In sub-paragraph (1)(a) “fine” does not include any pecuniary forfeiture

 

or pecuniary compensation payable on conviction.

 

Meaning of “the sum due”

 

  2        In this Schedule “the sum due” means the sum adjudged to be paid as

 

mentioned in paragraph 1(1).

 

Meaning of “existing defaulter” etc.

 

  3       (1)      For the purposes of this Schedule, P is an existing defaulter if it is shown

 

that—

 

              (a)             he was required to pay the sum due immediately but failed to do

 

so,

 

              (b)             the sum due or any other sum is registered for enforcement

 

against him as a fine under—

 

                    (i)                   section 71 of the Road Traffic Offenders Act 1988 (c. 53),

 

                    (ii)                  section 9 of the Criminal Justice and Police Act 2001

 

(c. 16), or

 

                    (iii)                 any other enactment specified in fines collection

 

regulations,

 

              (c)             he is in default on a collection order in respect of another sum

 

falling within paragraph 1(1), or

 

              (d)             he is in default in payment of another sum falling within

 

paragraph 1(1) but in respect of which no collection order has

 

been made.

 

          (2)      For the purposes of this Schedule, P’s existing default can be disregarded

 

only if he shows that there was an adequate reason for it.

 

          (3)      Sub-paragraph (2) is subject to sub-paragraph (4).

 

          (4)      Where a sum is registered for enforcement against P as mentioned in

 

sub-paragraph (1)(b), P’s existing default is not one which can be


 
 

    (  6  )

 
 

disregarded for the purposes of the following provisions of this

 

Schedule.

 

          (5)      In sub-paragraph (1)(a) “immediately” means, where P is informed of his

 

liability to pay the sum due in a notice, within the period specified in the

 

notice.

 

          (6)      The period so specified must be a period which—

 

              (a)             is not longer than 10 working days, and

 

              (b)             begins with the date of the notice.

 

          (7)      “Collection order” means an order made under Part 4 of this Schedule.

 

Part 2

 

Immediate payment of fines: discounts

 

Application of Part

 

  4                          This Part applies if the court which is imposing the liability to pay the

 

sum due concludes—

 

              (a)             that P should be required to pay the sum due immediately, and

 

              (b)             that he is not an existing defaulter or, if he is, that his existing

 

default (or defaults) can be disregarded.

 

Court’s duty in relation to discount

 

  5        The court must make an order—

 

              (a)             stating its conclusions on the matters referred to in paragraph

 

4(b),

 

              (b)             stating the amount of the sum due, the amount of the fine and the

 

amount of any other part of the sum due, and

 

              (c)             informing P of the effect of paragraph 6.

 

The discount

 

  6       (1)      P is allowed a discount on the fine if the sum due, less the amount of the

 

discount, is paid in accordance with the terms of the order.

 

          (2)      The amount of the discount is to be determined in accordance with fines

 

collection regulations, but must not be greater than 50% of the fine.

 

          (3)      The discount is given effect by extinguishing P’s liability to pay the part

 

of the sum due that is equal to the amount of the discount.

 

Part 3

 

Attachment of earnings orders and applications for benefit deductions

 

Application of Part

 

  7       (1)      This Part applies if—

 

              (a)             the court which is imposing the liability to pay the sum due

 

concludes that P should not be required to pay the sum due

 

immediately, or

 

              (b)             P was required to pay the sum due immediately but failed to do

 

so.


 
 

    (  7  )

 
 

          (2)      In the following provisions of this Part, “the relevant court” means—

 

              (a)             the court which is imposing the liability to pay the sum due, or

 

              (b)             if sub-paragraph (1)(b) applies, the magistrates’ court

 

responsible for enforcing payment of the sum due.

 

Attachment of earnings order or application for benefit deductions without P’s consent

 

  8       (1)      This paragraph applies if the relevant court concludes that P is an

 

existing defaulter and that his existing default (or defaults) cannot be

 

disregarded.

 

          (2)      The court must make an attachment of earnings order if it appears to the

 

court—

 

              (a)             that P is in employment, and

 

              (b)             that it is not impracticable or inappropriate to make the order.

 

          (3)      The court must make an application for benefit deductions if it appears

 

to the court—

 

              (a)             that P is entitled to a relevant benefit, and

 

              (b)             that it is not impracticable or inappropriate to make the

 

application.

 

          (4)      If it appears to the court that (apart from this sub-paragraph) both sub-

 

paragraph (2) and sub-paragraph (3) would apply, the court must make

 

either an attachment of earnings order or an application for benefit

 

deductions.

 

Attachment of earnings order or application for benefit deductions with P’s consent

 

  9       (1)      This paragraph applies if the relevant court concludes that P is not an

 

existing defaulter or, if he is, that his existing default (or defaults) can be

 

disregarded.

 

          (2)      The court may make—

 

              (a)             an attachment of earnings order, or

 

              (b)             an application for benefit deductions,

 

                   if P consents.

 

Meaning of “relevant benefit” and “application for benefit deductions”

 

  10       In this Schedule—

 

              (a)             “relevant benefit” means a benefit from which the Secretary of

 

State may make deductions by virtue of section 24 of the

 

Criminal Justice Act 1991 (c. 53) (recovery of fines etc. by

 

deductions from income support etc.), and

 

              (b)             “application for benefit deductions”, in relation to a relevant

 

benefit, means an application to the Secretary of State asking him

 

to deduct sums from any amounts payable to P by way of the

 

benefit.

 

Part 4

 

Making of collection orders

 

Application of Part

 

  11      (1)      This Part applies if—


 
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