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Criminal Justice and Courts Act 2015

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Section 54

SCHEDULE 12E+W+S+N.I.Further provision about criminal courts charge

This schedule has no associated Explanatory Notes

Rehabilitation of Offenders Act 1974 (c. 53)E+W+S+N.I.

1In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—E+W+S+N.I.

(c)an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).

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Commencement Information

Magistrates' Courts Act 1980 (c. 43)E+W+S+N.I.

2The Magistrates' Courts Act 1980 is amended as follows.E+W+S+N.I.

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Commencement Information

3In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—E+W+S+N.I.

(1A)A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying—

(a)a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or

(b)a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

4In section 108 (right of appeal to the Crown Court), after subsection (4) insert—E+W+S+N.I.

(5)Subsection (3) does not prevent an appeal against an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).

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Commencement Information

Prosecution of Offences Act 1985 (c. 23)E+W+S+N.I.

5In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “ Defence, prosecution and third party ”.E+W+S+N.I.

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Commencement Information

Insolvency Act 1986 (c. 45)E+W+S+N.I.

6In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—E+W+S+N.I.

(a)after “fine” insert “ imposed for an offence ”, and

(b)after “a reference to” insert

(a)a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), whether on conviction or otherwise;

(b)”.

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Commencement Information

Criminal Justice Act 1991 (c. 53)E+W+S+N.I.

7In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from certain benefits), in the definition of “fine”, after paragraph (b) insert—E+W+S+N.I.

(ba)a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);.

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Commencement Information

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W+S+N.I.

8The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.E+W+S+N.I.

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Commencement Information

9(1)Section 12 (absolute and conditional discharge) is amended as follows.E+W+S+N.I.

(2)In subsection (7)—

(a)omit “from making an order for costs against the offender or”, and

(b)for “him” substitute “ the offender ”.

(3)At the end insert—

(8)Nothing in this section shall be construed as preventing a court, on discharging an offender absolutely or conditionally in respect of an offence, from—

(a)making an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or

(b)making an order for costs against the offender.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

10In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—E+W+S+N.I.

(ba)the Crown Court makes an order against a person under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge),.

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Commencement Information

Proceeds of Crime Act 2002 (c. 29)E+W+S+N.I.

11In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on court's other powers), after “other than” insert “ an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) or ”.E+W+S+N.I.

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Commencement Information

Criminal Justice Act 2003 (c. 44)E+W+S+N.I.

12The Criminal Justice Act 2003 is amended as follows.E+W+S+N.I.

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Commencement Information

13In section 151(5) (community order or youth rehabilitation order for persistent offender previously fined), before “a compensation order” insert “ an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or ”.E+W+S+N.I.

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Commencement Information

14In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—E+W+S+N.I.

(a)after “against” insert

(a)”, and

(b)at the end insert under this section, and

(b)an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when dealing with the person under this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

15In Schedule 8 (breach or amendment of community order), in paragraph 9(8) (appeals)—E+W+S+N.I.

(a)after “against” insert

(a)”, and

(b)at the end insert , and

(b)an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when imposing that sentence.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

16In Schedule 12 (breach or amendment of suspended sentence order), in paragraph 9(3) (appeals)—E+W+S+N.I.

(a)for “any order made by the court under paragraph 8(2)(a) or (b)” substitute “ each of the following orders ”, and

(b)at the end insert

(a)an order made by the court under paragraph 8(2)(a) or (b);

(b)an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when making an order described in paragraph (a).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

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