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Change 1
As published
16H Conviction
(1) Subsection (2) applies to a person accused of an offence if—
(a) the qualifying conditions are met, and
(b) the person is offered, and accepts, the automatic online conviction option in respect of the offence.
(2) The accused is convicted of the offence by virtue of accepting the automatic online conviction option.
(3) For the purposes of this section the qualifying conditions are met if—
(a) regulations made by the Lord Chancellor specify the offence as one for which the automatic online conviction option may be offered;
(b) the accused had attained the age of 18 years when charged, or is not an individual;
(c) the required documents have been served on the accused; and
(d) service of all of the required documents was effected in accordance with Criminal Procedure Rules.
(4) An offence may not be specified in regulations under subsection (3)(a) unless it is a summary offence that is not punishable with imprisonment.
(5) Regulations under subsection (3)(a) are to be made by statutory instrument; and a statutory instrument containing such regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) In this section, “required documents” means—
(a) a written charge,
(b) a single justice procedure notice that complies with subsection (2D) of section 29 of the Criminal Justice Act 2003, and
(c) such other documents as may be prescribed by Criminal Procedure Rules as described in subsection (3B) of that section.
Your change, as a redline
16H Conviction
(1) Subsection (2) applies to a person accused of an offence if—
(a) the qualifying conditions are met, and
(b) the person is offered, and accepts, the automatic online conviction option in respect of the offence.
(2) The accused is convicted of the offence by virtue of accepting the automatic online conviction option.
(3) For the purposes of this section the qualifying conditions are met if—
(a) regulations made by the Lord Chancellor specify the offence as one for which the automatic online conviction option may be offered;
(b) the accused had attained the age of 18 years when charged, or is not an individual;
(c) the required documents have been served on the accused; and
(d) service of all of the required documents was effected in accordance with Criminal Procedure Rules.
(4) An offence may not be specified in regulations under subsection (3)(a) unless it is a summary offence that is not punishable with imprisonment.
(5) Regulations under subsection (3)(a) are to be made by statutory instrument; and a statutory instrument containing such regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) In this section, “required documents” means—
(a) a written charge,
(b) a single justice procedure notice that complies with subsection (2D) of section 29 of the Criminal Justice Act 2003, and
(c) such other documents as may be prescribed by Criminal Procedure Rules as described in subsection (3B) of that section.
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