Part III Other Provisions

Powers of magistrates’ courts to rectify mistakes

26 Extension of power of courts in England and Wales.

1

Section 142 of the M1Magistrates’ Courts Act 1980 (power of magistrates’ courts to re-open cases to rectify mistakes etc.) shall be amended as follows.

2

In subsection (1) (power, subject to subsection (4), to vary or rescind a sentence or other order), for the words from the beginning to “offender;” substitute “ A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; ”.

3

After that subsection insert—

1A

The power conferred on a magistrates’ court by subsection (1) above shall not be exercisable in relation to any sentence or order imposed or made by it when dealing with an offender if—

a

the Crown Court has determined an appeal against—

i

that sentence or order;

ii

the conviction in respect of which that sentence or order was imposed or made; or

iii

any other sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of that conviction (including a sentence or order replaced by that sentence or order); or

b

the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the imposition or making of the sentence or order.

4

In subsection (2) (power, subject to subsection (4), to direct that a person’s case be re-heard by different justices where he pleaded not guilty or the court proceeded in his absence)—

a

for the words from “found guilty” to “section 11(1) above,” substitute “ convicted by a magistrates’ court ”, and

b

omit “, subject to subsection (4) below,”.

5

After that subsection insert—

2A

The power conferred on a magistrates’ court by subsection (2) above shall not be exercisable in relation to a conviction if—

a

the Crown Court has determined an appeal against—

i

the conviction; or

ii

any sentence or order imposed or made by the magistrates’ court when dealing with the offender in respect of the conviction; or

b

the High Court has determined a case stated for the opinion of that court on any question arising in any proceeding leading to or resulting from the conviction.

6

In subsection (3) (effect of directions under subsection (2)), for “finding of guilty” substitute “ conviction ”.

7

Omit subsection (4) (powers in subsections (1) and (2) to be exercisable only within 28 days of making of sentence or order or finding of guilty and only by a similarly constituted court).