Schedules

Schedule 2Criminal procedure: consequential and related amendments

I11Amendments in connection with section 3

1

The Magistrates’ Courts Act 1980 is amended as follows.

2

In section 16A(1) (availability of trial by single justice on the papers)—

a

in paragraph (c), omit the final “and”;

b

after paragraph (d) insert

, and

e

the accused has not accepted the automatic online conviction option in respect of the offence.

3

 In section 89 (transfer of fines within England and Wales), after subsection (4) insert— 

5

When this section applies to a sum payable by virtue of a conviction under section 16H

a

a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and

b

the power in subsection (1) may be exercised by any fines officer.

4

In section 90 (transfer of fines to Scotland or Northern Ireland), after subsection (3A) insert—

4

When this section applies to a sum payable by virtue of a conviction under section 16H

a

a reference to a sum that is the subject of a collection order has effect as a reference to a sum set out in the notice of conviction and penalty (within the meaning of section 16L), and

b

the power in subsection (1) may be exercised by any fines officer.

5

In section 108 (right of appeal to the Crown Court), after subsection (2) insert—

2A

A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).

6

In section 150(1) (interpretation), in the definition of “fine”, after “purposes of” insert “sections 16G to 16M and of”.