SCHEDULE 12 Further Provision About Criminal Courts Charge

SCHEDULE 12 Further Provision About Criminal Courts Charge

Section 54

Rehabilitation of Offenders Act 1974 (c 53)

1

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).â€

Magistrates' Courts Act 1980 (c 43)

2

The Magistrates' Courts Act 1980 is amended as follows.

3

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.â€

4

In section 108 (right of appeal to the Crown Court), after subsection (4) insert—

“(5)

Powered by Lexis+®

Popular documents