(1)This section applies where, under section [F112(5)] of the M1Magistrates’ Courts Act 1980 or Article 24(2) of the M2Magistrates’ Courts (Northern Ireland) Order 1981, a person is convicted in his absence of [F2an offence under section 29 or 35A] and it is appropriately proved that a relevant notice was served on the accused with a summons
(2)In subsection (1) “appropriately proved” means—
(a)in England and Wales, proved to the satisfaction of the court—
(i)on oath, or
(ii)in the manner prescribed by [F3Criminal Procedure Rules], and
(b)in Northern Ireland, proved to the satisfaction of the court—
(i)on oath,
(ii)by affidavit, or
(iii)in the manner prescribed by magistrates’ courts rules, as defined by Article 2(3) of the Magistrates’ Courts (Northern Ireland) Order 1981.
[F4(2A)This section also applies if—
(a)a person is convicted of an offence under section 29 or 35A while being tried in accordance with section 16A of the Magistrates' Courts Act 1980 (trial by single justice on the papers), and
(b)it is proved to the satisfaction of the court, in the manner prescribed by Criminal Procedure Rules, that a relevant notice was served on the accused with the written charge.]
(3)In this section “relevant notice”, in relation to an accused, means a notice stating that, in the event of his being convicted of the offence, it will be alleged that an order requiring him to pay an amount specified in the notice falls to be made by the court—
(a)[F5if the offence is an offence under section 29], under section 30, or
(b)[F6if the offence is an offence under section 35A], under section 36.
(4)Where this section applies, the court shall proceed under section 30, or section 36, as if the amount specified in the relevant notice were the amount calculated in accordance with that section.
(5)[F7Where this section applies by virtue of subsection (1), the court shall not proceed as described in subsection (4)] if it is stated in the notification purporting to be given by or on behalf of the accused under—
(a)section [F812(4)] of the M3Magistrates’ Courts Act 1980, or
(b)Article 24(2) of the M4Magistrates’ Courts (Northern Ireland) Order 1981,
that the amount specified in the relevant notice is inappropriate.
[F9(6)Where this section applies by virtue of subsection (2A), the court shall not proceed as described in subsection (4) if the written notification served by the accused or the legal representative of the accused in accordance with the single justice procedure notice includes a statement that the amount specified in the relevant notice is inappropriate.
(7)In subsection (6) “single justice procedure notice” has the meaning given by section 29 of the Criminal Justice Act 2003.]
Textual Amendments
F1Words in s. 55(1) substituted (1.9.1998) by 1998 c. 15, s. 4(2)(c); S.I. 1998/1837, art. 2
F2Words in s. 55(1) substituted (29.4.1996 with effect as mentioned in Sch. 2 para. 14(3) of the amending Act) for s. 55(1)(a)(b) by 1996 c. 8, s. 23, Sch. 2 para. 14(2)(3)
F3Words in s. 55(2)(a)(ii) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 362(b); S.I. 2004/2066, art. 2(c)(xvi) (subject to art. 3)
F4S. 55(2A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 13(2); S.I. 2015/778, art. 3, Sch. 1 para. 77
F5Words in s. 55(3)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 13(3)(a); S.I. 2015/778, art. 3, Sch. 1 para. 77
F6Words in s. 55(3)(b) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 13(3)(b); S.I. 2015/778, art. 3, Sch. 1 para. 77
F7Words in s. 55(5) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 13(4); S.I. 2015/778, art. 3, Sch. 1 para. 77
F8Words in s. 55(5)(a) substituted (1.9.1998) by 1998 c. 15, s. 4(1)(b); S.I. 1998/1837, art. 2
F9S. 55(6)(7) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 11 para. 13(5); S.I. 2015/778, art. 3, Sch. 1 para. 77
Marginal Citations