Legalize / United Kingdom / Public General Act

Magistrates’ Courts Act 1980

Type Public General Act

Publication 1980-08-01

Last updated 2026-03-25

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Enforcement of payment of fines by High Court and county court.

Fines imposed on companies.

Proof of non-payment of sum adjudged.

Onus of proving exceptions, etc.

Power to dispense with immediate payment.

Onus of proving exceptions, etc.

Application of money found on defaulter to satisfy sum adjudged.

Process for securing attendance of offender . . . .

Postponement of taking recognizance.

Varying or dispensing with requirement as to sureties.

Appearance by counsel or solicitor.

Remand in custody or on bail.

Limitation of time.

Remand in custody or on bail.

Remand of accused already in custody.

Proof of previous convictions.

Short title, extent and commencement.

Warrants.

Constitution and place of sitting of court.

Disposal of non-pecuniary forfeitures.

“Magistrates’ court”.

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Return of property taken from accused.

Power to award costs and enforcement of costs.

Postponement of issue of warrant.

Provisions as to payments required to be made to a child, etc.

Power to award costs and enforcement of costs.

Revocation, variation, etc. of orders for periodical payment.

Process for securing attendance of offender . . . .

Power to remit fine.

Transfer of fines from Scotland or Northern Ireland.

Proof of non-payment of sum adjudged.

Power to dispense with immediate payment.

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Abandonment of appeal.

False statements in declaration proving service, etc.

Release from custody and reduction of detention on payment.

Enforcement of decision of the Crown Court.

Enforcement of fines imposed on young offenders.

Restriction on power to impose imprisonment for default.

Enforcement of payment of fines by High Court and county court.

Interest on arrears.

Transfer of fines from Scotland or Northern Ireland.

Appearance by counsel or solicitor.

Complaint for arrears.

Power to make disclosure order

Summons or warrant as to committal proceedings.

Magistrates’ court may sit on Sundays and public holidays.

Varying or dispensing with requirement as to sureties.

Remand in custody or on bail.

Power to alter sums specified in certain provisions.

Transfer of remand hearings.

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Further remand.

Disposal of non-pecuniary forfeitures.

Magistrates’ court may sit on Sundays and public holidays.

Short title, extent and commencement.

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Defect in process.

Disclosure of information for enforcing warrants.

Limitation of time.

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Isles of Scilly.

Saving for juvenile courts.

Consequential amendments, transitional provisions, repeals, etc.

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65A

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68A

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Right of appeal to the Crown Court.

Power of magistrates’ court to fix day for appearance of offender at means inquiry etc.

Transfer of fines to Scotland or Northern Ireland.

Restriction on power to impose imprisonment for default.

Process valid notwithstanding death, etc., of justice.

Execution of certain warrants outside England and Wales.

Remand in custody or on bail.

Clerks to justices.

Statement of case by magistrates’ court.

Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.

Powers of persons authorised under section 125A or 125B

Isles of Scilly.

Rules to be made if required by Lord Chancellor

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Consecutive terms of imprisonment.

Rules relating to youth court panels and composition of youth courts.

Defect in process.

Power to alter sums specified in certain provisions.

Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences

Decision as to allocation

Child or young person to indicate intention as to plea in certain cases

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Issue of summons on complaint

Non-appearance of defendant.

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Orders for periodical payment: proceedings by designated officer.

Maintenance orders: penalty for breach.

Postponement of issue of warrant.

Power to award costs and enforcement of costs.

Restriction on power to impose imprisonment for default.

Reasons for decisions in domestic proceedings.

Evidence on oath.

Power to require statement of means.

Statement of case by magistrates’ court.

Recognizances and fees on case stated.

Transfer of fines to Scotland or Northern Ireland.

Varying or dispensing with requirement as to sureties.

Civil debt: complaint for non-payment.

Use of information supplied under disclosure order

Proof of previous convictions.

Use of information supplied under disclosure order

Remand of accused already in custody.

Minimum term.

Clerks to justices.

Rules relating to youth court panels and composition of youth courts.

Application of Act to distress for rates.

Procedure where trial on indictment appears more suitable

Low-value shoplifting to be a summary offence

Summary trial of information against child or young person for indictable offence.

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Incitement.

Aiders and abettors.

Money recoverable summarily as civil debt.

Orders for periodical payment: proceedings by designated officer.

Periodical payments payable by one person under more than one order.

Release from custody and reduction of detention on payment.

Orders other than for payment of money.

Power to require statement of assets and other financial circumstances .

Transfer of fines to Scotland or Northern Ireland.

Postponement of issue of warrant.

Defect in distress warrant and irregularity in its execution.

Proof of previous convictions.

Power to require statement of assets and other financial circumstances .

Power to remit fine.

Bail on appeal or case stated.

Transfer of fines to Scotland or Northern Ireland.

Effect of committal on arrears.

Proof of non-payment of sum adjudged.

Execution of certain warrants outside England and Wales.

Power to make disclosure order

Execution of certain warrants outside England and Wales.

Clerks to justices.

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Occasional court-house.

Saving for juvenile courts.

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Release from custody and reduction of detention on payment.

Enforcement of payment of fines by High Court and county court.

Transfer of fines to Scotland or Northern Ireland.

Restriction on power to impose imprisonment for default.

Enforcement of decision of the Crown Court.

Warrant endorsed for bail.

Constitution and place of sitting of court.

22A

(1) Low-value shoplifting is triable only summarily.

(2) But where a person accused of low-value shoplifting is aged 18 or over, and appears or is brought before the court before the summary trial of the offence begins, the court must give the person the opportunity of electing to be tried by the Crown Court for the offence and, if the person elects to be so tried—

(a) subsection (1) does not apply, and

(b) the court must proceed in relation to the offence in accordance with section 51(1) of the Crime and Disorder Act 1998.

(3) “Low-value shoplifting” means an offence under section 1 of the Theft Act 1968 in circumstances where—

(a) the value of the stolen goods does not exceed £200,

(b) the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and

(c) at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential customer of the person offering the goods for sale.

(4) For the purposes of subsection (3)(a)—

(a) the value of the stolen goods is the price at which they were being offered for sale at the time of the offence, and

(b) where the accused is charged on the same occasion with two or more offences of low-value shoplifting, the reference to the value involved has effect as if it were a reference to the aggregate of the values involved.

(5) A person guilty of low-value shoplifting is liable on summary conviction to—

(a) imprisonment for a period not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(4) and (5) of the Criminal Justice Act 2003),

(b) a fine, or

(6) A person convicted of low-value shoplifting by a magistrates' court may not appeal to the Crown Court against the conviction on the ground that the convicting court was mistaken as to whether the offence was one of low-value shoplifting.

(7) For the purposes of this section, any reference to low-value shoplifting includes aiding, abetting, counselling or procuring the commission of low-value shoplifting.

Trial by single justice on the papers

16A

(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,

(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

(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.

16B

(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.

16C

(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.

16D

(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).

16E

(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.

16F

(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.

Use of live links in certain proceedings

57ZA

(1) This section and sections 57ZB to 57ZF apply in relation to proceedings on an appeal under paragraph 17(1) or 61(1) of Schedule 21 to the Coronavirus Act 2020 (appeal against requirement or restriction imposed on potentially infectious person).

(2) The proceedings are to be conducted wholly as video proceedings unless the court directs otherwise under subsection (3).

(3) The court must, where it considers that it would be contrary to the interests of justice not to do so, direct that one or more persons taking part in the proceedings—

(a) is not to take part in all or any part of the proceedings through a live video link;

(b) is to take part in all or any part of the proceedings through a live audio link.

(4) The court's power to make a direction under subsection (3) may be exercised by—

(a) a single justice;

(b) an authorised court officer.

(5) In subsection (4)(b), an “authorised court officer” means a person who—

(a) is an authorised person for the purposes of Part 6A of the Courts Act 2003 (see section 67B(3) of that Act), and

(b) has a qualification specified in regulation 2 of the Authorised Court Staff (Legal Advice Functions) Qualifications Regulations 2020 (S.I. 2020/98).

57ZB

(1) A person who takes part in proceedings through a live video link or a live audio link is to be treated as—

(a) complying with any requirement (however imposed or expressed) for that person to attend or appear before the court for the purposes of that participation in those proceedings, and

(b) present in court for the purposes of those proceedings.

(2) Proceedings that are conducted—

(a) wholly as video proceedings, or

(b) wholly as audio proceedings,

are to be regarded as taking place at the location where the justice or justices take part in the proceedings.

(3) A statement made on oath by a witness outside the United Kingdom and given in evidence through a live video link or a live audio link is to be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

57ZC

(1) If the proceedings are to be conducted wholly as video proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;

(b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio-visual record of the proceedings.

(2) If the court directs that proceedings are to be conducted wholly as audio proceedings, the court—

(a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;

(b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court to keep an audio record of the proceedings.

(3) A direction under this section may relate to the whole, or to part, of the proceedings concerned.

(4) The court's power under this section may be exercised by a single justice.

57ZD

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a direction under section 57ZC.

(2) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 57ZC.

(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission of the image or sound concerned—

(a) he or she was not in designated live-streaming premises, and

(b) he or she did not know, and could not reasonably have known, that the image or sound was—

(i) being broadcast in accordance with a direction under section 57ZC (in the case of an offence under subsection (1)), or

(ii) an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 57ZC (in the case of an offence under subsection (2)).

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

(6) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

(a) authorised by a direction under section 57ZC,

(b) otherwise authorised (generally or specifically) by the court, or

(7) The court's power under subsection (6)(b) may be exercised by a single justice.

57ZE

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.

(2) It is an offence for a person (P) to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image of, or sound made by, any person (whether P or another person) while that person is participating in court proceedings through a live video link or a live audio link.

(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the actual or attempted recording or transmission, he or she did not know, and could not reasonably have known, that the image or sound concerned—

(a) was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or

(b) was an image of, or sound made by, a person while that person was participating in court proceedings through a live video link or a live audio link (in the case of an offence under subsection (2)).

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

(6) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

(a) authorised (generally or specifically) by the court, or

(b) authorised (generally or specifically) by the Lord Chancellor.

(7) The court's power under subsection (6)(a) may be exercised by a single justice.

57ZF

(1) This section applies for the purposes of sections 57ZA to 57ZE (and this section).

(2) Proceedings are conducted wholly as video proceedings where all of the persons taking part in the proceedings do so through a live video link.

(3) A “live video link”, in relation to a person (P) taking part in proceedings, is a live television link or other arrangement which—

(a) enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P,

(ignoring for these purposes the extent (if any) to which a person is unable to see or hear by reason of any impairment of eyesight or hearing).

(4) Proceedings are conducted wholly as audio proceedings if all of the persons taking part in the proceedings do so through a live audio link.

(5) A “live audio link”, in relation to a person (P) taking part in proceedings, is a live telephone link or other arrangement which—

(a) enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and

(b) enables all other persons taking part in the proceedings who are not in the same location as P to hear P,

(ignoring for these purposes the extent (if any) to which a person is unable to hear by reason of any impairment of hearing).

(6) A reference to a person taking part in proceedings includes—

(a) giving evidence in the proceedings, and

(b) attending the proceedings when not giving evidence.

(7) A reference to the persons taking part in proceedings includes—

(a) the complainant,

(b) the defendant,

(d) any person acting as justices' clerk or assistant to a justices' clerk or providing legal advice to the justices pursuant to an authorisation under section 28 of the Courts Act 2003,

(e) any witnesses in the proceedings,

(f) any legal representatives acting in the proceedings, and

(g) any interpreter or other person appointed by the court to assist in the proceedings.

(8) The following expressions have the meanings given—

“designated live-streaming premises” means premises that are designated by the Lord Chancellor for the purposes of this section as premises provided by the Lord Chancellor for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 57ZC;

“recording” means a recording on any medium—of a single image, a moving image or any sound, orfrom which a single image, a moving image or any sound may be produced or reproduced;

“transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).

(9) An image or sound is transmitted—

(a) through a live video link if it is transmitted as part of a person's participation in court proceedings through a live video link;

(b) through a live audio link if it is transmitted as part of a person's participation in court proceedings through a live audio link.

Proceedings invalid where accused did not know of them.

Non-appearance of prosecutor.

Trial by single justice on the papers

Intention as to plea: absence of accused.

Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences

Procedure where trial on indictment appears more suitable

Summary trial of information against child or young person for indictable offence.

Intention as to plea by child or young person: absence of accused

Effect of dismissal of information for offence triable either way.

Return of property taken from accused.

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Construction of references to complaint in enactments dealing with offences.

Non-appearance of complainant.

Defect in distress warrant and irregularity in its execution.

Release from custody and reduction of detention on payment.

Statement of wages to be evidence.

False statements in declaration proving service, etc.

Child or young person to indicate intention as to plea in certain cases

Power to issue summons to accused in certain circumstances.

Mitigation of penalties, etc.

Adjournment and stays

Application of money found on defaulter to satisfy sum adjudged.

Enforcement of fines imposed on young offenders.

Power to require statement of assets and other financial circumstances .

Fines imposed on companies.

Complaint for arrears.

Process valid notwithstanding death, etc., of justice.

Warrants of control

Execution by approved enforcement agency.

Automatic online conviction and penalty for certain summary offences

The automatic online conviction option

16G

(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

(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

Conviction

16H

(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;

(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.

Penalties and other liabilities

16I

(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.

Regulations about penalties etc under section 16I

16J

(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.

Timing and status of conviction and penalty

16K

(1) The time when a conviction under section 16H takes effect is to be determined in accordance with Criminal Procedure Rules.

(2) A conviction under section 16H is to be treated as a conviction by the specified magistrates’ court.

(3) A fine to which a person is liable under section 16I is to be treated as if it had been imposed by the specified magistrates’ court on conviction.

(4) An endorsement of a person’s driving record under section 16I is to be treated as if the specified magistrates’ court had ordered the endorsement under section 44 of the Road Traffic Offenders Act 1988.

(5) Compensation which a person is liable to pay under section 16I is to be treated as if the specified magistrates’ court had ordered it to be paid under Chapter 2 of Part 7 of the Sentencing Code.

(6) Prosecution costs which a person is liable to pay under section 16I are to be treated as if the specified magistrates’ court had ordered them to be paid under section 18 of the Prosecution of Offences Act 1985.

(7) A surcharge which a person is liable to pay under section 16I is to be treated as if the specified magistrates’ court had ordered it to be paid under section 42 of the Sentencing Code.

(8) In this section, “specified magistrates’ court” means the magistrates’ court specified in the notice of conviction and penalty (see section 16L (2)(b)).

Notice of conviction and penalty

16L

(1) The Lord Chancellor must secure that a person who is convicted of an offence under section 16H is given a notice of conviction and penalty.

(2) A notice of conviction and penalty is an electronic notification which—

(a) sets out each penalty imposed on the offender under section 16I;

(b) specifies a magistrates’ court for the purposes of section 16K;

(i) within the relevant 28-day period, and

(ii) in the manner specified in the notice.

(3) The relevant 28-day period is the period of 28 days beginning with the day on which the person’s conviction took effect.

(4) In this section—

“electronic notification” has the meaning given by section 16G(4);

“penalty” means—a fine,penalty points,compensation,prosecution costs, ora surcharge;

“penalty points” has the same meaning as in the Road Traffic Offenders Act 1988.

Powers to set aside a conviction or replace a penalty etc

16M

(1) A magistrates’ court may set aside a conviction under section 16H if it appears to the court that the conviction is unjust.

(2) Subsection (1) does not affect the validity of a written charge or a single justice procedure notice.

(3) A magistrates’ court carrying out functions under subsection (1) may be composed of a single justice.

(4) But if a magistrates’ court composed of a single justice is minded to refuse to set aside a conviction—

(a) the decision must instead be referred to a magistrates’ court that is not so composed; and

(b) the parties must be given the opportunity to attend at, and make representations to, the magistrates’ court making that decision.

(5) A magistrates’ court—

(a) may set aside any penalty imposed on a person under section 16I if it appears to the court that the amount of that penalty is unjust; and

(b) if it does so, may impose any sentence that it could have imposed for that offence if the person had pleaded guilty before it at the earliest opportunity.

(6) The reference in subsection (5)(a) to the amount of a penalty is to be read, in relation to penalty points, as a reference to the number of penalty points imposed.

(7) A magistrates’ court may exercise a power conferred by this section—

(a) on an application by the person convicted,

(b) on an application by the relevant prosecutor who initiated the proceedings, or

(8) In this section—

“penalty” and “penalty points” have the meanings given by section 16L(4);

“relevant prosecutor” has the same meaning as in section 29 of the Criminal Justice Act 2003.

Issue of summons to accused or warrant for his arrest.

Trial of summary offences

Transfer of trials of summary offences.

Adjournment of inquiry.

Evidence which is admissible.

Written statements.

Statements.

Restrictions on reports of commital proceedings.

Power to make rulings at pre-trial hearing

Non-appearance of accused: general provisions.

Non-appearance of accused: plea of guilty.

Application of section 12 where accused appears.

Non-appearance of accused: issue of warrant.

Proceedings invalid where accused did not know of them.

Non-appearance of both parties.

Intention as to plea: absence of accused.

Intention as to plea: adjournment.

Low-value shoplifting to be a summary offence

Summary trial of information against child or young person for indictable offence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mitigation of penalties, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aiders and abettors.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require statement of assets and other financial circumstances .

Power to remit fine.

Fines imposed on companies.

Summons or warrant as to committal proceedings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals on ground of error of law etc in child support proceedings

Execution of certain warrants outside England and Wales.

Transfer of remand hearings.

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