Criminal Justice and Courts Bill (HC Bill 169)

Criminal Justice and Courts BillPage 30

Costs of criminal courts

29 Criminal courts charge

(1) In the Prosecution of Offences Act 1985, after Part 2 insert—

Part 2A

Court costs in criminal cases

21A Criminal courts charge

(1) 5A court mentioned in section 21B must, at the times listed there, order a person
convicted of an offence to pay a charge in respect of relevant courts costs,
subject to—

(a) subsections (2) and (3), and

(b) section 21C.

(2) 10An order must not be made if the person was under 18 when the
offence was committed.

(3) An order must not be made in a case or class of case prescribed by the
Lord Chancellor by regulations.

(4) A court must not take into account the duty under subsection (1) or any
15order under this section when dealing with a person (other than under
this section) for an offence or for a failure to comply with a requirement
mentioned in section 21B.

(5) In this section—

  • “court costs” means costs of providing the judiciary and the rest of
    20the system of courts, but does not include defence or
    prosecution costs;

  • “relevant court costs” means court costs incurred in connection
    with criminal proceedings or proceedings for a failure to
    comply with a requirement mentioned in section 21B, but does
    25not include costs of providing the Supreme Court or judges of
    that Court.

21B Criminal courts charge: courts and times

(1) A magistrates’ court must make an order under section 21A at the
following times—

(a) 30when dealing with the person for the offence;

(b) when dealing with the person under Schedule 8 to the Criminal
Justice Act 2003 for failure to comply with any of the
requirements of a community order;

(c) when dealing with the person under Schedule 12 to the
35Criminal Justice Act 2003 for failure to comply with any of the
community requirements of a suspended sentence order;

(d) when dealing with the person under section 256AC of the
Criminal Justice Act 2003 for failure to comply with a
supervision requirement imposed under section 256AA of that
40Act.

(2) The Crown Court must make an order under section 21A at the
following times—

Criminal Justice and Courts BillPage 31

(a) when dealing with the person for the offence;

(b) when dealing with the person under Schedule 8 to the Criminal
Justice Act 2003 for failure to comply with any of the
requirements of a community order;

(c) 5when dealing with the person under Schedule 12 to the
Criminal Justice Act 2003 for failure to comply with any of the
community requirements of a suspended sentence order;

(d) when dismissing an appeal by the person against conviction or
sentence for the offence.

(3) 10The Court of Appeal must make an order under section 21A at the
following times—

(a) when dismissing an appeal under Part 1 of the Criminal Appeal
Act 1968 against the person’s conviction or sentence for the
offence;

(b) 15when dismissing an application for leave to bring such an
appeal.

21C Amount of criminal courts charge

(1) A charge ordered to be paid under section 21A must be of an amount
specified by the Lord Chancellor by regulations.

(2) 20When specifying amounts under this section, the Lord Chancellor must
seek to secure that an amount specified in respect of a class of case does
not exceed the relevant court costs reasonably attributable to a case of
that class.

(3) In this section “relevant court costs” has the same meaning as in section
2521A.

21D Interest on criminal courts charge

(1) The Lord Chancellor may by regulations provide that a person who is
ordered to pay a charge under section 21A must pay interest on the
charge if or to the extent that it remains unpaid.

(2) 30The regulations may, in particular—

(a) make provision about the rate of interest,

(b) make provision about periods when interest is or is not payable,
and

(c) make provision by reference to a measure or document as
35amended from time to time.

(3) The regulations may not make provision for a rate of interest that is
higher than the rate that the Lord Chancellor considers would maintain
the value in real terms of amounts that remain unpaid.

(4) An amount of interest payable under the regulations is to be treated as
40part of the charge ordered to be paid under section 21A.

21E Power to remit criminal courts charge

(1) A magistrates’ court may remit the whole or part of a charge ordered
to be paid by a person under section 21A, subject to the restrictions in
subsections (2) to (4).

(2) 45It may remit the charge only if—

Criminal Justice and Courts BillPage 32

(a) it is satisfied that the person has taken all reasonable steps to
pay it, having regard to the person’s personal circumstances, or

(b) it is satisfied that collection and enforcement of the charge is
impracticable.

(3) 5It may not remit the charge at a time when the person is detained in
prison.

(4) It may not remit the charge unless each of following has expired—

(a) a specified period beginning with the day on which an order
under section 21A was last made in respect of the person;

(b) 10a specified period beginning with the day on which the person
was last convicted of an offence;

(c) where relevant, a specified period beginning with the day on
which the person was last released from prison.

(5) Where a court remits a charge under section 21A after an order has been
15made under section 300(2) of the Criminal Justice Act 2003 (power to
impose unpaid work requirement etc on fine defaulter) for default in
paying the charge (or the charge and other amounts), the court must—

(a) reduce the total number of hours or days to which the order
relates by the same proportion as the amount remitted bears to
20the total amount in respect of which the order was made, or

(b) if the total number of hours or days would be reduced to nil
under paragraph (a), revoke the order.

(6) In calculating a reduction required by subsection (5), any fraction of an
hour or day is to be rounded down to the nearest hour or day.

(7) 25In this section—

  • “prison” includes any place where a person serving a sentence of
    detention for an offence is liable to be detained;

  • “specified period” means a period of a length specified by the Lord
    Chancellor by regulations.

21F 30Regulations under this Part

Regulations under this Part may include transitional, transitory and
saving provision.

(2) In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where
payment enforceable as on summary conviction)—

(a) 35after paragraph 9 insert—

9A Where a court orders the payment of a charge in respect of
relevant court costs under section 21A of the Prosecution of
Offences Act 1985.,

(b) re-number paragraph 13 as paragraph 12A, and

(c) 40re-number paragraph 13A as paragraph 12B.

(3) Schedule 6 to this Act makes further provision about the criminal courts
charge.

(4) Section 21A of the Prosecution of Offences Act 1985 applies only in relation to
a person convicted of an offence committed after that section comes into force.

Criminal Justice and Courts BillPage 33

30 Duty to review criminal courts charge

(1) After the end of the initial period, the Lord Chancellor must carry out a review
of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by
section 29).

(2) 5“The initial period” is the period of 3 years beginning with the day on which
section 29(1) comes into force.

(3) If the Lord Chancellor considers it appropriate, having regard to the
conclusions reached on the review, the Lord Chancellor must by regulations
repeal Part 2A of the Prosecution of Offences Act 1985.

(4) 10Regulations under this section may include consequential, transitional,
transitory and saving provision, including provision amending an Act
(whenever passed or made).

(5) Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section may not be
15made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

Collection of fines etc

31 Variation of collection orders etc

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed
20on conviction) is amended as follows.

(2) For paragraph 21 (application of Part 6: variation of collection orders
containing payment terms) substitute—

21 This Part applies if—

(a) the court has made a collection order, and

(b) 25the order contains payment terms but does not contain
reserve terms.

(3) In paragraph 22 (variation of collection order)—

(a) omit sub-paragraph (1),

(b) in sub-paragraph (2), for “P may apply for” substitute “P may at any
30time apply to the fines officer under this paragraph for”,

(c) in sub-paragraph (4)(a), omit “in P’s favour”,

(d) after sub-paragraph (4) insert—

(4A) The fines officer may not vary the payment terms under sub-
paragraph (4)(a) so that they are less favourable to P without
35P’s consent., and

(e) for sub-paragraph (7) substitute—

(7) The fines officer may not vary the order so that it states
reserve terms which are less favourable to P than the
payment terms without P’s consent.

(4) 40In paragraph 25 (application of Part 7: effect of first default on collection order

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containing payment terms), for paragraphs (a) and (b) substitute—

(a) an application to a fines officer under paragraph 22
(application for variation of order or for attachment of
earnings order etc) that was made at a time when P was not
5in default on the collection order;

(b) an appeal under paragraph 23 against a decision of a fines
officer on an application described in paragraph (a);.

(5) In paragraph 31 (variation of reserve terms)—

(a) for sub-paragraph (1) substitute—

(1) 10P may, at any time after the date of a payment notice under
paragraph 30, apply to the fines officer for the reserve terms
to be varied.,

(b) in sub-paragraph (3)(a), omit “in P’s favour”, and

(c) after sub-paragraph (3) insert—

(3A) 15The fines officer may not vary the reserve terms under sub-
paragraph (3)(a) so that they are less favourable to P without
P’s consent.

(6) In paragraph 37 (functions of fines officer in relation to defaulters: referral or
further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii)
20substitute—

(i) an application to a fines officer under paragraph 31
(application for variation of reserve terms) that was
made at a time when P was not in default on the
collection order;

(ii) 25an appeal under paragraph 32 against a decision of a
fines officer on an application described in sub-
paragraph (i);.

Appeals in civil proceedings

32 Appeals from the High Court to the Supreme Court

(1) 30Part 2 of the Administration of Justice Act 1969 (appeal from High Court to
Supreme Court) is amended as follows.

(2) In section 12 (grant of a certificate by the trial judge enabling an appeal to the
Supreme Court), in subsection (1)—

(a) in paragraph (a), after “those proceedings” insert “or that the conditions
35in subsection (3A) (“the alternative conditions”) are satisfied in relation
to those proceedings”;

(b) omit paragraph (c) (requirement that all parties consent to the grant of
the certificate) and the “and” before it.

(3) After subsection (3) insert—

(3A) 40The alternative conditions, in relation to a decision of the judge in any
proceedings, are that a point of law of general public importance is
involved in the decision and that—

(a) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

Criminal Justice and Courts BillPage 35

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the judge, a hearing
by the Supreme Court is justified, or

(c) 5the judge is satisfied that the benefits of earlier consideration by
the Supreme Court outweigh the benefits of consideration by
the Court of Appeal.

(4) In section 16 (application of Part 2 to Northern Ireland), after subsection (1)
insert—

(1A) 10In the application of this Part of this Act to Northern Ireland, section 12
has effect as if—

(a) in subsection (1)(a) there were omitted “or that the conditions in
subsection (3A) (“the alternative conditions”) are satisfied in
relation to those proceedings”;

(b) 15after subsection (1)(b) there were inserted “, and

(c) that all the parties to the proceedings consent to the
grant of a certificate under this section,;

(d) subsection (3A) were omitted.

33 Appeals from the Upper Tribunal to the Supreme Court

20In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—

14A Appeal to Supreme Court: grant of certificate by Upper Tribunal

(1) If the Upper Tribunal is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
the Upper Tribunal’s decision in any proceedings, and

(b) 25as regards that decision, a sufficient case for an appeal to the
Supreme Court has been made out to justify an application
under section 14B,

the Upper Tribunal may grant a certificate to that effect.

(2) The Upper Tribunal may grant a certificate under this section only on
30an application made by a party to the proceedings.

(3) The Upper Tribunal may grant a certificate under this section only if the
relevant appellate court as regards the proceedings is—

(a) the Court of Appeal in England and Wales, or

(b) the Court of Appeal in Northern Ireland.

(4) 35The conditions in this subsection are that a point of law of general
public importance is involved in the decision of the Upper Tribunal and
that point of law is—

(a) a point of law that—

(i) relates wholly or mainly to the construction of an
40enactment or statutory instrument, and

(ii) has been fully argued in the proceedings and fully
considered in the judgment of the Upper Tribunal in the
proceedings, or

(b) a point of law—

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(i) in respect of which the Upper Tribunal is bound by a
decision of the relevant appellate court or the Supreme
Court in previous proceedings, and

(ii) that was fully considered in the judgments given by the
5relevant appellate court or, as the case may be, the
Supreme Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
public importance is involved in the decision of the Upper Tribunal and
that—

(a) 10the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Upper Tribunal, a
15hearing by the Supreme Court is justified, or

(c) the Upper Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.

(6) Before the Upper Tribunal decides an application made to it under this
20section, the Upper Tribunal must specify the court that would be the
relevant appellate court if the application were an application for
permission (or leave) under section 13.

(7) In this section except subsection (6) and in sections 14B and 14C, “the
relevant appellate court”, as respects an application, means the court
25specified as respects that application by the Upper Tribunal under
subsection (6).

(8) No appeal lies against the grant or refusal of a certificate under
subsection (1).

14B Appeal to Supreme Court: permission to appeal

(1) 30If the Upper Tribunal grants a certificate under section 14A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.

(2) An application under subsection (1) must be made—

(a) within one month from the date on which that certificate is
35granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) If on such an application it appears to the Supreme Court to be
expedient to do so, the Supreme Court may grant permission for such
40an appeal.

(4) If permission is granted under this section—

(a) no appeal from the decision to which the certificate relates lies
to the relevant appellate court, but

(b) an appeal lies from that decision to the Supreme Court.

(5) 45An application under subsection (1) is to be determined without a
hearing.

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(6) Subject to subsection (4), no appeal lies to the relevant appellate court
from a decision of the Upper Tribunal in respect of which a certificate
is granted under section 14A until—

(a) the time within which an application can be made under
5subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

14C Appeal to Supreme Court: exclusions

(1) No certificate may be granted under section 14A in respect of a decision
10of the Upper Tribunal in any proceedings where, by virtue of any
enactment (other than sections 14A and 14B), no appeal would lie from
that decision of the Upper Tribunal to the relevant appellate court, with
or without the permission (or leave) of the Upper Tribunal or the
relevant appellate court.

(2) 15No certificate may be granted under section 14A in respect of a decision
of the Upper Tribunal in any proceedings where, by virtue of any
enactment, no appeal would lie from a decision of the relevant
appellate court on that decision of the Upper Tribunal to the Supreme
Court, with or without the permission (or leave) of the relevant
20appellate court or the Supreme Court.

(3) Where no appeal would lie to the relevant appellate court from the
decision of the Upper Tribunal except with the permission (or leave) of
the Upper Tribunal or the relevant appellate court, no certificate may
be granted under section 14A in respect of a decision of the Upper
25Tribunal unless it appears to the Upper Tribunal that it would be a
proper case for giving permission (or leave) to appeal to the relevant
appellate court.

(4) No certificate may be granted under section 14A in respect of a decision
or order of the Upper Tribunal made by it in the exercise of its
30jurisdiction to punish for contempt.

34 Appeals from the Employment Appeal Tribunal to the Supreme Court

In the Employment Tribunals Act 1996, after section 37 insert—

37A Appeals to Supreme Court: grant of certificate by Appeal Tribunal

(1) If the Appeal Tribunal is satisfied that—

(a) 35the conditions in subsection (4) or (5) are fulfilled in relation to
the Appeal Tribunal’s decision or order in any proceedings, and

(b) as regards that decision or order, a sufficient case for an appeal
to the Supreme Court has been made out to justify an
application under section 37B,

40the Appeal Tribunal may grant a certificate to that effect.

(2) The Appeal Tribunal may grant a certificate under this section only on
an application made by a party to the proceedings.

(3) The Appeal Tribunal may not grant a certificate under this section in
the case of proceedings in Scotland.

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(4) The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that point of law is—

(a) a point of law that—

(i) 5relates wholly or mainly to the construction of an
enactment or statutory instrument, and

(ii) has been fully argued in the proceedings and fully
considered in the judgment of the Appeal Tribunal in
the proceedings, or

(b) 10a point of law—

(i) in respect of which the Appeal Tribunal is bound by a
decision of the Court of Appeal or the Supreme Court in
previous proceedings, and

(ii) that was fully considered in the judgments given by the
15Court of Appeal or, as the case may be, the Supreme
Court in those previous proceedings.

(5) The conditions in this subsection are that a point of law of general
public importance is involved in the decision or order of the Appeal
Tribunal and that—

(a) 20the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter,

(b) the result of the proceedings is so significant (whether
considered on its own or together with other proceedings or
likely proceedings) that, in the opinion of the Appeal Tribunal,
25a hearing by the Supreme Court is justified, or

(c) the Appeal Tribunal is satisfied that the benefits of earlier
consideration by the Supreme Court outweigh the benefits of
consideration by the Court of Appeal.

(6) No appeal lies against the grant or refusal of a certificate under
30subsection (1).

37B Appeals to Supreme Court: permission to appeal

(1) If the Appeal Tribunal grants a certificate under section 37A in relation
to any proceedings, a party to those proceedings may apply to the
Supreme Court for permission to appeal directly to the Supreme Court.

(2) 35An application under subsection (1) must be made—

(a) within one month from the date on which the certificate is
granted, or

(b) within such time as the Supreme Court may allow in a
particular case.

(3) 40If on such an application it appears to the Supreme Court to be
expedient to do so, the Supreme Court may grant permission for such
an appeal.

(4) If permission is granted under this section—

(a) no appeal from the decision or order to which the certificate
45relates lies to the Court of Appeal, but

(b) an appeal lies from that decision or order to the Supreme Court.

(5) An application under subsection (1) is to be determined without a
hearing.

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(6) Subject to subsection (4), no appeal lies to the Court of Appeal from a
decision or order of the Appeal Tribunal in respect of which a certificate
is granted under section 37A until—

(a) the time within which an application can be made under
5subsection (1) has expired, and

(b) where such an application is made, that application has been
determined in accordance with this section.

37C Appeals to Supreme Court: exclusions

(1) No certificate may be granted under section 37A in respect of a decision
10or order of the Appeal Tribunal in any proceedings where, by virtue of
any enactment (other than sections 37A and 37B), no appeal would lie
from that decision or order of the Appeal Tribunal to the Court of
Appeal, with or without the leave or permission of the Appeal Tribunal
or the Court of Appeal.

(2) 15No certificate may be granted under section 37A in respect of a decision
or order of the Appeal Tribunal in any proceedings where, by virtue of
any enactment, no appeal would lie from a decision of the Court of
Appeal on that decision or order of the Appeal Tribunal to the Supreme
Court, with or without the leave or permission of the Court of Appeal
20or the Supreme Court.

(3) Where no appeal would lie to the Court of Appeal from the decision or
order of the Appeal Tribunal except with the leave or permission of the
Appeal Tribunal or the Court of Appeal, no certificate may be granted
under section 37A in respect of a decision or order of the Appeal
25Tribunal unless it appears to the Appeal Tribunal that it would be a
proper case for granting leave or permission to appeal to the Court of
Appeal.

(4) No certificate may be granted under section 37A where the decision or
order of the Appeal Tribunal is made in the exercise of its jurisdiction
30to punish for contempt.

35 Appeals from the Special Immigration Appeals Commission to the Supreme
Court

(1) The Special Immigration Appeals Commission Act 1997 is amended as follows.

(2) Before section 8 insert—

7B 35Appeals to Supreme Court: grant of certificate by Commission

(1) If the Special Immigration Appeals Commission is satisfied that—

(a) the conditions in subsection (4) or (5) are fulfilled in relation to
a final determination to which section 7(1) or (1A) applies, and

(b) in respect of that final determination, a sufficient case for an
40appeal to the Supreme Court has been made out to justify an
application under section 7C,

the Commission may grant a certificate to that effect.

(2) The Commission may grant a certificate under this section only on an
application made by a party to the appeal or review to which the final
45determination relates.