SCHEDULES
SCHEDULE 12Further provision about criminal courts charge
Rehabilitation of Offenders Act 1974 (c. 53)
I11
In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—
c
an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).
Magistrates' Courts Act 1980 (c. 43)
I22
The Magistrates' Courts Act 1980 is amended as follows.
I33
In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—
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.
I44
In section 108 (right of appeal to the Crown Court), after subsection (4) insert—
5
Subsection (3) does not prevent an appeal against an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).
Prosecution of Offences Act 1985 (c. 23)
I55
In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “
Defence, prosecution and third party
”
.
Insolvency Act 1986 (c. 45)
I66
In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—
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
Criminal Justice Act 1991 (c. 53)
I77
In 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—
ba
a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
I88
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
F19
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I910
In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—
ba
the Crown Court makes an order against a person under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge),
Proceeds of Crime Act 2002 (c. 29)
I1011
In 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
”
.
Criminal Justice Act 2003 (c. 44)
I1112
The Criminal Justice Act 2003 is amended as follows.
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1214
In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—
a
after “against” insert
—
a
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.
F315
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F416
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