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In force since 2026-10-29, as the publisher states.
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Magistrates’ Courts Act 1980 1980 c. 43 An Act to consolidate certain enactments relating to the jurisdiction of, and the practice and procedure before, magistrates’ courts and the functions of justices’ clerks, and to matters connected therewith, with amendments to give effect to recommendations of the Law Commission. [1st August 1980]
Propose a change(1) On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue— (a) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or (b) a warrant to arrest that person and bring him before a magistrates' court. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) No warrant shall be issued under this section unless the information is in writing . . . . (4) No warrant shall be issued under this section for the arrest of any person who has attained the age of 18 years unless— (a) the offence to which the warrant relates is an indictable offence or is punishable with imprisonment, or (b) the person’s address is not sufficiently established for a summons to be served on him. (4A) Where a person who is not a relevant prosecutor authorised to issue requisitions lays an information before a justice of the peace in respect of an offence to which this subsection applies, no warrant shall be issued under this section without the consent of the Director of Public Prosecutions. (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4C) Subsection (4A) applies to— (a) a qualifying offence which is alleged to have been committed outside the United Kingdom, or (b) an ancillary offence relating to a qualifying offence where it is alleged that the qualifying offence was, or would have been, committed outside the United Kingdom. (4D) In subsection (4C) “qualifying offence” means any of the following— (a) piracy or an offence under section 2 of the Piracy Act 1837 (piracy where murder is attempted); (b) an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of Geneva conventions); (c) an offence which (disregarding the provisions of the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons); (d) an offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking); (e) an offence under section 1, 2 or 6 of the Aviation Security Act 1982 (hijacking etc); (f) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the United Nations Personnel Act 1997 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 2A of the Nuclear Material (Offences) Act 1983 (offences relating to nuclear material); (g) an offence under section 134 of the Criminal Justice Act 1988 (torture); (h) an offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes); (i) an offence under sections 9 to 14 of that Act (hijacking ships etc); (j) an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978, the Suppression of Terrorism Act 1978, the Nuclear Material (Offences) Act 1983 and the Terrorism Act 2000) would not be an offence apart from sections 1 to 3 of the United Nations Personnel Act 1997 (attacks on UN workers etc); (k) an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018 (hijacking of spacecraft) or paragraph 2 or 4 of that Schedule (destroying or damaging spacecraft or endangering safety of spacecraft or safety at spaceports). (4E) In subsection (4C) “ancillary offence”, in relation to an offence, means— (a) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement); (b) attempting or conspiring to commit the offence. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where the offence charged is an indictable offence, a warrant under this section may be issued at any time notwithstanding that a summons has previously been issued. (7) A justice of the peace may issue a summons or warrant under this section upon an information being laid before him notwithstanding any enactment requiring the information to be laid before two or more justices. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) A magistrates' court has jurisdiction to try any summary offence. (2) A magistrates' court has jurisdiction under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of any offence committed by a person who appears or is brought before the court. (3) Subject to— (a) sections 18 to 22A , and (b) any other enactment (wherever contained) relating to the mode of trial of offences triable either way, a magistrates' court has jurisdiction to try summarily any offence which is triable either way. (4) A magistrates' court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence. (5) This section does not affect any jurisdiction over offences conferred on a magistrates' court by any enactment not contained in this Act.
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Propose a changeSections 280, 281 and 282 of the Merchant Shipping Act 1995 (offences on ships and abroad by British citizens and others) apply in relation to other offences under the law of England and Wales as they apply in relation to offences under that Act or instruments under that Act.
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Propose a change(1) For the purposes of this section a hearing is a pre-trial hearing if— (a) it relates to an information— (i) which is to be tried summarily, and (ii) to which the accused has pleaded not guilty, and (b) it takes place before the start of the trial. (2) For the purposes of subsection (1)(b), the start of a summary trial occurs when the court begins— (a) to hear evidence from the prosecution at the trial, or (b) to consider whether to exercise its power under section 37(3) of the Mental Health Act 1983 (power to make hospital order without convicting the accused). (3) At a pre-trial hearing, a magistrates' court may make a ruling as to any matter mentioned in subsection (4) if— (a) the condition in subsection (5) is met, (b) the court has given the parties an opportunity to be heard, and (c) it appears to the court that it is in the interests of justice to make the ruling. (4) The matters are— (a) any question as to the admissibility of evidence; (b) any other question of law relating to the case. (5) The condition is that, if the accused is not legally represented . . . — (a) the court must ask whether he wishes to be provided with representation for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and (b) if he does, the necessary arrangements must be made for him to apply for it and, where appropriate, obtain it. (6) A ruling may be made under this section— (a) on an application by a party to the case, or (b) of the court’s own motion. (7) For the purposes of this section and section 8B, references to the prosecutor are to any person acting as prosecutor, whether an individual or body.
Propose a change(1) Subject to subsections (3) and (6), a ruling under section 8A has binding effect from the time it is made until the case against the accused or, if there is more than one, against each of them, is disposed of. (2) The case against an accused is disposed of if— (a) he is acquitted or convicted, (b) the prosecutor decides not to proceed with the case against him, or (c) the information is dismissed. (3) A magistrates' court may discharge or vary (or further vary) a ruling under section 8A if— (a) the condition in section 8A(5) is met, (b) the court has given the parties an opportunity to be heard, and (c) it appears to the court that it is in the interests of justice to do so. (4) The court may act under subsection (3)— (a) on an application by a party to the case, or (b) of its own motion. (5) No application may be made under subsection (4)(a) unless there has been a material change of circumstances since the ruling was made or, if a previous application has been made, since the application (or last application) was made. (6) A ruling under section 8A is discharged in relation to an accused if— (a) the magistrates' court ... sends him to the Crown Court for trial for the offence charged in the information, or (b) a count charging him with the offence is included in an indictment by virtue of section 40 of the Criminal Justice Act 1988.
Propose a change(1) Except as provided by this section no report of matters falling within subsection (2) may be published in England and Wales. (2) The following matters fall within this subsection— (a) a ruling under section 8A; (b) proceedings on an application for a ruling under section 8A; (c) an order under section 8B that a ruling under section 8A be discharged, varied or further varied; (d) proceedings on an application under section 8B for a ruling under section 8A to be discharged, varied or further varied. (3) A magistrates' court dealing with any matter falling within subsection (2) may order that subsection (1) does not apply, or does not apply to a specified extent, to a report of the matter. (4) Where there is only one accused and he objects to the making of an order under subsection (3)— (a) the court may make the order if (and only if) satisfied after considering the representations of the accused that it is in the interests of justice to do so, and (b) if the order is made, it shall not apply to the extent that a report deals with any such objection or representations. (5) Where there are two or more accused and one or more of them objects to the making of an order under subsection (3)— (a) the court may make the order if (and only if) satisfied after considering the representations of each of the accused that it is in the interests of justice to do so, and (b) if the order is made, it shall not apply to the extent that a report deals with any such objection or representations. (6) Subsection (1) does not apply to the publication of a report of matters after the case against the accused or, if more than one, against each of them, is disposed of. (7) Subsection (1) does not apply to a report which contains only one or more of the following matters— (a) the identity of the court and the names of the justices; (b) the names, ages, home addresses and occupations of the accused and witnesses; (c) the offence or offences, or a summary of them, with which the accused or any of the accused are charged; (d) the names of counsel and solicitors in the proceedings; (e) where the proceedings are adjourned, the date and place to which they are adjourned; (f) any arrangements as to bail; (g) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. (8) The addresses that may be included in a report by virtue of subsection (7) are addresses— (a) at any relevant time, and (b) at the time of their inclusion in the publication. (9) In subsection (8), “relevant time” means a time when events giving rise to the charges to which the proceedings relate are alleged to have occurred. (10) Nothing in this section affects any prohibition or restriction imposed by virtue of any other enactment on the publication of a report of any matter. (11) In this section and in section 8D— (a) references to publication of a report of matters falling within subsection (2)— (i) include references to inclusion of those matters in any speech, writing, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public (and for this purpose every relevant programme is to be taken to be so addressed), but (ii) do not include references to inclusion of those matters in a document prepared for use in particular legal proceedings; (b) “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.
Propose a change(1) If a report is published in contravention of section 8C each of the following persons is guilty of an offence— (a) in the case of a publication of a report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical; (b) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper; (c) in the case of any other publication, any person publishing it. (2) If an offence under this section committed by a body corporate is proved— (a) to have been committed with the consent or connivance of, or (b) to be attributable to any neglect on the part of, an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (3) In subsection (2), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. (4) If the affairs of a body corporate are managed by its members, “director”in subsection (3) means a member of that body. (5) A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale. (6) Proceedings for an offence under this section may not be instituted otherwise than by or with the consent of the Attorney General.
Propose a change(1) On the summary trial of an information, the court shall, if the accused appears, state to him the substance of the information and ask him whether he pleads guilty or not guilty. (2) The court, after hearing the evidence and the parties, shall convict the accused or dismiss the information. (3) If the accused pleads guilty, the court may convict him without hearing evidence.
Propose a change(1) A magistrates’ court may at any time, whether before or after beginning to try an information, adjourn the trial, and may do so, notwithstanding anything in this Act, when composed of a single justice. (2) The court may when adjourning either fix the time and place at which the trial is to be resumed, or, unless it remands the accused, leave the time and place to be determined later by the court; but the trial shall not be resumed at that time and place unless the court is satisfied that the parties have had adequate notice thereof. (3) A magistrates’ court may, for the purpose of enabling inquiries to be made or of determining the most suitable method of dealing with the case, exercise its power to adjourn after convicting the accused and before sentencing him or otherwise dealing with him; but, if it does so, the adjournment shall not be for more than 4 weeks at a time unless the court remands the accused in custody and, where it so remands him, the adjournment shall not be for more than 3 weeks at a time. (3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact— (a) that the court commits the accused for trial for another offence; or (b) that the accused is charged with another offence. (4) On adjourning the trial of an information the court may remand the accused and, where the accused has attained the age of 18 years, shall do so if the offence is triable either way and— (a) on the occasion on which the accused first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or (b) the accused has been remanded at any time in the course of proceedings on the information; and, where the court remands the accused, the time fixed for the resumption of the trial shall be that at which he is required to appear or be brought before the court in pursuance of the remand or would be required to be brought before the court but for section 128(3A) below.
Propose a change(1) Subject to the provisions of this Act, where at the time and place appointed for the trial or adjourned trial of an information the prosecutor appears but the accused does not, (a) if the accused is under 18 years of age, the court may proceed in his absence; and (b) if the accused has attained the age of 18 years, the court shall proceed in his absence unless it appears to the court to be contrary to the interests of justice to do so. This is subject to subsections (2), (2A), (3) , (4) and (8) . . (2) Where a summons has been issued, the court shall not begin to try the information in the absence of the accused unless either it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial or the accused has appeared on a previous occasion to answer to the information. (2A) The court shall not proceed in the absence of the accused if it considers that there is an acceptable reason for his failure to appear. (3) In proceedings to which this subsection applies, the court. shall not in a person’s absence sentence him to imprisonment or detention in a detention centre or make a detention and training order or an order under paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code that a suspended sentence passed on him shall take effect. (3A) But where a sentence or order of a kind mentioned in subsection (3) is imposed or given in the absence of the offender, the offender must be brought before the court before being taken to a prison or other institution to begin serving his sentence (and the sentence or order is not to be regarded as taking effect until he is brought before the court). (4) In proceedings to which this subsection applies, the court. shall not in a person’s absence impose any disqualification on him, except on resumption of the hearing after an adjournment under section 10(3) above; and where a trial is adjourned in pursuance of this subsection the notice required by section 10(2) above shall include notice of the reason for the adjournment. (5) Subsections (3) and (4) apply to— (a) proceedings instituted by an information, where a summons has been issued; and (b) proceedings instituted by a written charge. (5A) Subsection (4) does not apply in relation to proceedings adjourned under section 16C(3)(a) because of section 16C(2) (adjournment of a section 16A trial because the accused indicates a wish to make representations). (6) Nothing in this section requires the court to enquire into the reasons for the accused's failure to appear before deciding whether to proceed in his absence. (7) The court shall state in open court its reasons for not proceeding under this section in the absence of an accused who has attained the age of 18 years; and the court shall cause those reasons to be entered in its register of proceedings. (8) This section and sections 12 to 16 do not apply if and for so long as a written charge is to be tried by a magistrates' court in accordance with section 16A.
Propose a change(1) This section shall apply where— (a) a summons has been issued requiring a person to appear before a magistrates’ court, other than a youth court, to answer to an information for a summary offence, not being— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) an offence specified in an order made by the Secretary of State by statutory instrument; and (b) the designated officer for the court is notified by or on behalf of the prosecutor that the documents mentioned in subsection (3) below have been served upon the accused with the summons. (2) The reference in subsection (1)(a) above to the issue of a summons requiring a person to appear before a magistrates’ court other than a youth court includes a reference to the issue of a summons requiring a person who has attained the age of 16 at the time when it is issued to appear before a youth court. (3) The documents referred to in subsection (1)(b) above are— (a) a notice containing such statement of the effect of this section as may be prescribed; (b) either of the following, namely— (i) a concise statement of such facts relating to the charge as will be placed before the court by the prosecutor if the accused pleads guilty without appearing before the court, or (ii) a copy of such written statement or statements complying with subsection (2)(a) and (b) of section 9 of the Criminal Justice Act 1967 (proof by written statement) as will be so placed in those circumstances; and (c) if any information relating to the accused will or may, in those circumstances, be placed before the court by or on behalf of the prosecutor, a notice containing or describing that information. (4) Where the designated officer for the court receives a notification in writing purporting to be given by the accused or by a legal representative acting on his behalf that the accused desires to plead guilty without appearing before the court— (a) the designated officer for the court shall inform the prosecutor of the receipt of the notification; and (b) the following provisions of this section shall apply. (5) If at the time and place appointed for the trial or adjourned trial of the information— (a) the accused does not appear; and (b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed, that the documents mentioned in subsection (3) above have been served upon the accused with the summons, the court may, subject to section 11(3) and (4) above and subsections (6) to (8) below, proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty. (6) If at any time before the hearing the designated officer for the court receives an indication in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification— (a) the designated officer for the court shall inform the prosecutor of the withdrawal; and (b) the court shall deal with the information as if the notification had not been given. (7) Before accepting the plea of guilty and convicting the accused under subsection (5) above, the court shall , subject to rules of court made under subsection (7ZA), cause the following to be read out before the court ..., namely— (a) in a case where a statement of facts as mentioned in subsection (3)(b)(i) above was served on the accused with the summons, that statement; (aa) in a case where a statement or statements as mentioned in subsection (3)(b)(ii) above was served on the accused with the summons and the court does not otherwise direct, that statement or those statements; (b) any information contained in a notice so served, and any information described in such a notice and produced by or on behalf of the prosecutor; (c) the notification under subsection (4) above; and (d) any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence. (7ZA) Rules of court may— (a) specify which of paragraphs (a) to (d) of subsection (7) (if any) are to apply; (b) provide that any such paragraph is to apply only in circumstances specified in the rules. (c) specify the persons, or description of persons, who must— (i) read out the things mentioned in such of those paragraphs as apply, and (ii) give the account mentioned in subsection (7A). (7ZB) Where rules of court are made under subsection (7ZA), subsection (7) applies only to the extent provided for by the rules. (7A) Where the court gives a direction under subsection (7)(aa) above the court shall cause an account to be given orally before the court ... of so much of any statement as is not read aloud. (7B) Whether or not a direction under paragraph (aa) of subsection (7) above is given in relation to any statement served as mentioned in that paragraph the court need not cause to be read out the declaration required by section 9(2)(b) of the Criminal Justice Act 1967. (8) If the court proceeds under subsection (5) above to hear and dispose of the case in the absence of the accused, the court shall not permit— (a) any other statement with respect to any facts relating to the offence charged; or (b) any other information relating to the accused, to be made or placed before the court by or on behalf of the prosecutor except on a resumption of the trial after an adjournment under section 10(3) above. (9) If the court decides not to proceed under subsection (5) above to hear and dispose of the case in the absence of the accused, it shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification under subsection (4) above had not been given. (10) In relation to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) above or to an adjournment required by subsection (9) above, the notice required by section 10(2) above shall include notice of the reason for the adjournment. (11) No notice shall be required by section 10(2) above in relation to an adjournment— (a) which is for not more than 4 weeks; and (b) the purpose of which is to enable the court to proceed under subsection (5) above at a later time. (12) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament. (13) Any such document as is mentioned in subsection (3) above may be served in Scotland with a summons which is so served under the Summary Jurisdiction (Process) Act 1881.
Propose a change(1) Where the designated officer for the court has received such a notification as is mentioned in subsection (4) of section 12 above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial, the court may, if he consents, proceed under subsection (5) of that section as if he were absent. (2) Where the designated officer for the court has not received such a notification and the accused appears before the court at that time and place and informs the court that he desires to plead guilty, the court may, if he consents, proceed under section 12(5) above as if he were absent and the designated officer had received such a notification. (3) For the purposes of subsections (1) and (2) above, subsections (6) to (11) of section 12 above shall apply with the modifications mentioned in subsection (4) or, as the case may be, subsection (5) below. (4) The modifications for the purposes of subsection (1) above are that— (a) before accepting the plea of guilty and convicting the accused under subsection (5) of section 12 above, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence; and (b) where he makes such a submission, subsection (7)(d) of that section shall not apply. (5) The modifications for the purposes of subsection (2) above are that— (a) subsection (6) of section 12 above shall apply as if any reference to the notification under subsection (4) of that section were a reference to the consent under subsection (2) above; (b) subsection (7)(c) and (d) of that section shall not apply; and (c) before accepting the plea of guilty and convicting the accused under subsection (5) of that section, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence.
Propose a change(1) Subject to the provisions of this section, where the court, instead of proceeding in the absence of the accused, adjourns or further adjourns the trial, the court may, . . ., issue a warrant for his arrest. (2) Where a summons has been issued, the court shall not issue a warrant under this section unless the condition in subsection (2A) below or that in subsection (2B) below is fulfilled. (2A) The condition in this subsection is that it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that the summons was served on the accused within what appears to the court to be a reasonable time before the trial or adjourned trial. (2B) The condition in this subsection is that— (a) the adjournment now being made is a second or subsequent adjournment of the trial, (b) the accused was present on the last (or only) occasion when the trial was adjourned, and (c) on that occasion the court determined the time for the hearing at which the adjournment is now being made. (3) A warrant for the arrest of any person who has attained the age of 18 shall not be issued under this section unless— (a) . . . the offence to which the warrant relates is punishable with imprisonment, or (b) the court, having convicted the accused, proposes to impose a disqualification on him. (3A) A warrant for the arrest of any person who has not attained the age of 18 shall not be issued under this section unless— (a) the offence to which the warrant relates is punishable, in the case of a person who has attained the age of 18, with imprisonment, or (b) the court, having convicted the accused, proposes to impose a disqualification on him. (4) This section shall not apply to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) of section 12 above or to an adjournment required by subsection (9) of that section. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Where a summons has been issued under section 1 above and a magistrates’ court has begun to try the information to which the summons relates, then, if— (a) the accused, at any time during or after the trial, makes a statutory declaration that he did not know of the summons or the proceedings until a date specified in the declaration, being a date after the court has begun to try the information; and (b) within 21 days of that date the declaration is served on the designated officer for the court, without prejudice to the validity of the information, the summons and all subsequent proceedings shall be void. (2) For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office. (3) If on the application of the accused it appears to a magistrates’ court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the accused to serve such a statutory declaration as is mentioned in subsection (1) above within the period allowed by that subsection, the court may accept service of such a declaration by the accused after that period has expired; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection. (4) Where any proceedings have become void by virtue of subsection (1) above, the information shall not be tried again by any of the same justices.
Propose a change(1) Where at the time and place appointed for the trial or adjourned trial of an information the accused appears or is brought before the court and the prosecutor does not appear, the court may dismiss the information or, if evidence has been received on a previous occasion, proceed in the absence of the prosecutor. (2) Where, instead of dismissing the information or proceeding in the absence of the prosecutor, the court adjourns the trial, it shall not remand the accused in custody unless he has been brought from custody or cannot be remanded on bail by reason of his failure to find sureties.
Propose a changeSubect to section 11(3) and (4) and to section 12 above, where at the time and place appointed for the trial or adjourned trial of an information neither the prosecutor nor the accused appears, the court may dismiss the information or, if evidence has been received on a previous occasion, proceed in their absence.
Propose a change(1) A magistrates' court may try a written charge in accordance with subsections (3) to (10) if— (a) the offence charged is a summary offence not punishable with imprisonment, (b) the accused had attained the age of 18 years when charged , or is not an individual, (c) the court is satisfied that— (i) the documents specified in subsection (2) have been served on the accused, and (ii) service of all of the documents was effected at the same time, ... (d) the accused has not served on the designated officer specified in the single justice procedure notice, within the period prescribed by Criminal Procedure Rules, a written notification stating either— (i) a desire to plead not guilty, or (ii) a desire not to be tried in accordance with this section , and (e) the accused has not accepted the automatic online conviction option in respect of the offence. (2) The documents mentioned in subsection (1)(c) are— (a) a written charge and a single justice procedure notice (see section 29 of the Criminal Justice Act 2003), and (b) such other documents as may be prescribed by Criminal Procedure Rules (see section 29(3B) of the Criminal Justice Act 2003). (3) The court may not hear any oral evidence and may consider only the contents of the following— (a) the documents specified in subsection (2), (b) any document containing information to which subsection (4) applies, and (c) any written submission that the accused makes with a view to mitigation of sentence. (4) This subsection applies to information if— (a) a notice describing the information was served on the accused at the same time as the documents specified in subsection (2), and (b) a copy of the notice has been served on the designated officer specified in the single justice procedure notice. (5) The court may disregard a written submission that is not served on the designated officer specified in the single justice procedure notice within the period prescribed by Criminal Procedure Rules. (6) The court is not required to conduct any part of the proceedings in open court. (7) The court may try the charge in the absence of the parties and, if a party appears, must proceed as if the party were absent. (8) If the accused served on the designated officer specified in the notice a written notification stating a desire to plead guilty and to be tried in accordance with this section, the court may try the charge as if the accused had pleaded guilty. (9) The court may not remand the accused. (10) If the resumed trial is to be conducted in accordance with subsections (3) to (9), no notice is required of the resumption of the trial after an adjournment. (11) A magistrates' court acting under this section may be composed of a single justice. (12) Any magistrates' court may try a written charge in accordance with subsections (3) to (10), whether or not its designated officer is specified in the single justice procedure notice. (13) Subsection (1) is subject to sections 16B and 16C.
Propose a change(1) If a magistrates' court decides, before the accused is convicted of the offence, that it is not appropriate to convict the accused in proceedings conducted in accordance with section 16A, the court may not try or continue to try the charge in that way. (2) A magistrates' court may not try a written charge in accordance with section 16A if, at any time before the trial, the accused or the accused's legal representative on the accused's behalf gives notice to the designated officer specified in the single justice procedure notice that the accused does not desire to be tried in accordance with section 16A. (3) If a magistrates' court may not try or continue to try a written charge in accordance with section 16A because the conditions in section 16A(1) are not satisfied or because of subsection (1) or (2), the magistrates' court dealing with the matter must— (a) adjourn the trial, if it has begun, and (b) issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the trial of the written charge. (4) A magistrates' court issuing a summons under subsection (3)(b) may be composed of a single justice.
Propose a change(1) If a magistrates' court decides, after the accused is convicted of the offence, that it is not appropriate to try the written charge in accordance with section 16A, the court may not continue to try the charge in that way. (2) If a magistrates' court trying a written charge in accordance with section 16A proposes, after the accused is convicted of the offence, to order the accused to be disqualified under section 34 or 35 of the Road Traffic Offenders Act 1988— (a) the court must give the accused the opportunity to make representations or further representations about the proposed disqualification, and (b) if the accused indicates a wish to make such representations, the court may not continue to try the case in accordance with section 16A. (3) If a magistrates' court may not continue to try a written charge in accordance with section 16A because of subsection (1) or (2), the magistrates' court must— (a) adjourn the trial, and (b) issue a summons directed to the accused requiring the accused to appear before a magistrates' court to be dealt with in respect of the offence.
Propose a change(1) If a summons is issued under section 16B(3)(b) or 16C(3)(b), a reference in sections 11 to 13 to a summons issued under section 1 is to be read, for the purposes of subsequent proceedings as regards the matter, as if it included a reference to a summons issued under section 16B(3)(b) or 16C(3)(b) (as the case may be). (2) If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a justice of the peace may issue a summons directed to the accused requiring the accused to appear before a magistrates' court for the purpose specified in the earlier summons; and subsection (1) applies in relation to a summons under this section as it applies in relation to a summons under section 16B(3)(b) or 16C(3)(b). (3) Where a summons has been issued under section 16B(3)(b) or 16C(3)(b), a magistrates' court that afterwards tries the written charge or deals with the accused for the offence must be— (a) composed as described in section 121(1), or (b) composed of a District Judge (Magistrates' Courts) sitting alone by virtue of section 26 of the Courts Act 2003. (4) Where— (a) the accused is convicted of an offence before a matter is adjourned under section 16C(3)(a), and (b) the matter is tried after the adjournment by another magistrates' court, that other magistrates' court is to be treated as if it were the court that convicted the accused for the purposes of section 142(2).
Propose a change(1) This section applies if— (a) a single justice procedure notice has been issued, and (b) the written charge is being tried, or has been tried, in accordance with section 16A. (2) This section does not apply if the trial of the written charge has been adjourned under section 16B(3)(a) or 16C(3)(a). (3) The proceedings subsequent to the single justice procedure notice are void if— (a) the accused makes a statutory declaration that the accused did not know of the single justice procedure notice or the proceedings until a date that the accused specifies in the statutory declaration, (b) that date is a date after a magistrates' court began to try the written charge, (c) the declaration is served on the designated officer specified in the single justice procedure notice within 21 days of that date in such manner as Criminal Procedure Rules may prescribe, and (d) at the same time as serving the declaration, the accused responds to the single justice procedure notice by serving a written notification on that designated officer. (4) Subsection (3) does not affect the validity of a written charge or a single justice procedure notice. (5) A magistrates' court may accept service of a statutory declaration required by subsection (3) after the period described in subsection (3)(c) if, on application by the accused, it appears to the court that it was not reasonable to expect the accused to serve that statutory declaration within that period. (6) A magistrates' court that accepts a statutory declaration under subsection (5) is to be treated as accepting service of a written notification that is served at the same time. (7) A statutory declaration accepted under subsection (5) and a written notification treated as accepted under subsection (6) are to be treated as having been served as required by subsection (3). (8) If proceedings have become void under subsection (3), the reference in section 16A to the period within which a written notification must be served is to be read as referring to a period that ends on— (a) the date on which a written notification is served under subsection (3)(d), or (b) if a magistrates' court is treated as accepting service of a written notification by virtue of subsection (6), the date on which the written notification is so treated as accepted. (9) If proceedings have become void under subsection (3), the written charge may not be tried again by any of the same justices. (10) A magistrates' court carrying out functions under subsection (5) may be composed of a single justice.
Propose a change(1) A statement contained in a document is admissible in proceedings conducted in accordance with section 16A as evidence of a matter stated if, in the particular case— (a) the document is one in relation to which section 16A(1)(c) is satisfied, or (b) section 16A(4) applies to the information in that document (as the case may be). (2) Subsection (1) does not prevent a court taking into consideration the nature of the evidence placed before it when deciding whether it is appropriate to try the written charge in accordance with section 16A. (3) In this section “statement” means any representation of fact or opinion.
Propose a change(1) In this Act a reference to a person being offered the automatic online conviction option in respect of an offence is a reference to the person being given an electronic notification which explains that if the person intends to plead guilty the person may agree— (a) to be convicted of the offence under section 16H, and (b) to be penalised for the offence under section 16I. (2) In this Act a reference to a person accepting the automatic online conviction option in respect of an offence is a reference to the person giving an electronic notification which indicates that the person— (a) pleads guilty to the offence, (b) agrees to be convicted of the offence under section 16H, and (c) agrees to be penalised for the offence under section 16I. (3) A notification purporting to be given by a person (or the person’s legal representative) is to be treated for the purposes of subsection (2) as a notification given by that person. (4) In this section “electronic notification” means a written notification given— (a) by electronic means, (b) under such arrangements as are put in place by the Lord Chancellor for the purposes of this section and sections 16H to 16L, and (c) in accordance with such provision as may be made by Criminal Procedure Rules.
Propose a change(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.
Propose a change(1) This section applies if a person is convicted of an offence under section 16H. (2) The offender is liable to a fine of the amount specified for the offence. (3) The offender’s driving record is to be endorsed with the specified number of penalty points, and any other specified particulars, if the offence is specified as one to which such a penalty applies. (4) The offender is liable to pay compensation if the offence is specified as one in respect of which such a payment is to be made. (5) The amount of the compensation payable— (a) is to be determined by the relevant prosecutor who instituted proceedings for the offence; (b) must not exceed the maximum amount specified for the offence. (6) The offender is liable to pay prosecution costs. (7) The amount of the prosecution costs payable is to be determined by the relevant prosecutor who instituted proceedings for the offence. (8) The offender is liable to pay a surcharge of the amount specified for the offence. (9) In this section and section 16J— “driving record” and “penalty points” have the same meanings as in the Road Traffic Offenders Act 1988; “relevant prosecutor” has the same meaning as in section 29 of the Criminal Justice Act 2003; “specified” means specified in regulations made by the Lord Chancellor.
Propose a change(1) Regulations under section 16I(2) may specify fines of different amounts— (a) for different offences; (b) for different circumstances in which a particular offence is committed. (2) Regulations under section 16I(3) may not specify an offence unless it is an offence that would or could result in the endorsement of the offender’s driving record with penalty points on conviction in a magistrates’ court. (3) Regulations under section 16I(5)(b) may specify different maximum amounts of compensation— (a) for different offences; (b) for different circumstances in which a particular offence is committed. (4) Regulations under section 16I(8) may specify different amounts of surcharge— (a) for different offences; (b) for different circumstances in which a particular offence is committed. (5) The power to make regulations under section 16I(8) includes power to specify the amount of the surcharge for a particular offence as a proportion of the amount of the fine specified for that offence. (6) Regulations under section 16I 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.
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