Magistrates’ Courts Act 1980

Jurisdiction of magistrates' courts in inner London for domestic proceedings

70

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Newspaper reports of domestic proceedings

71

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Report by probation officer on means of parties

72

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Examination of witnesses by court

73

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Reasons for decisions in domestic proceedings

74

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Part III — Satisfaction and Enforcement

General provisions

Power to dispense with immediate payment

75

• (1) A magistrates’ court by whose conviction or order a sum is adjudged to be paid may, instead of requiring immediate payment, allow time for payment, or order payment by instalments.

• (2) Where a magistrates’ court has allowed time for payment, the court may, on application by or on behalf of the person liable to make the payment, allow further time or order payment by instalments.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where a court has ordered payment by instalments and default is made in the payment of any one instalment, proceedings may be taken as if the default had been made in the payment of all the instalments then unpaid.

Enforcement of sums adjudged to be paid

76

• (1) Subject to the following provisions of this Part of this Act, and to section 132 below , where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of control for the purpose of recovering the sum or issue a warrant committing the defaulter to prison.

• (2) A warrant of commitment may be issued as aforesaid either—

• (a) where it appears on the return to a warrant of control that the money and goods of the defaulter are insufficient to pay the amount outstanding, as defined by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 ; or

• (b) instead of a warrant of control .

• (3) The period for which a person may be committed to prison under such a warrant as aforesaid shall not, subject to the provisions of any enactment passed after 31st December 1879, exceed the period applicable to the case under Schedule 4 to this Act.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postponement of issue of warrant

77

• (1) Where a magistrates’ court has power to issue a warrant of control under this Part of this Act, it may, if it thinks it expedient to do so, postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

• (2) Where a magistrates’ court has power to issue a warrant of commitment under this Part of this Act, it may, if it thinks it expedient to do so, fix a term of imprisonment or detention under section 108 of the powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged 18 to 20 for default)and postpone the issue of the warrant until such time and on such conditions, if any, as the court thinks just.

• (3) A magistrates’ court shall have power at any time to do either or both of the following—

• (a) to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;

• (b) to vary any of the conditions on which its issue is postponed,

but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.

• (4) In this section “the relevant time” means—

• (a) where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and

• (b) in any other case, the date of the exercise or latest exercise of either or both of the powers.

• (5) Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting in the local justice area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.

• (6) Where such an application is referred to the court—

• (a) the ... court shall fix a time and place for the application to be heard; and

• (b) the designated officer for the court shall give the applicant notice of that time and place.

• (7) Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.

• (8) If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.

Defect in distress warrant and irregularity in its execution

78

• (1) A warrant of distress issued for the purpose of levying a sum adjudged to be paid by the conviction or order of a magistrates’ court shall not, if it states that the sum has been so adjudged to be paid, be held void by reason of any defect in the warrant.

• (2) A person acting under a warrant of distress shall not be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the warrant.

• (3) Nothing in this section shall prejudice the claim of any person for special damages in respect of any loss caused by a defect in the warrant or irregularity in its execution.

• (4) If any person removes any goods marked in accordance with rules of court as articles impounded in the execution of a warrant of distress, or defaces or removes any such mark, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (5) If any person charged with the execution of a warrant of distress wilfully retains from the proceeds of a sale of the goods on which distress is levied, or otherwise exacts, any greater costs and charges than those properly payable, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Release from custody and reduction of detention on payment

79

• (1) Where imprisonment or other detention has been imposed on any person by the order of a magistrates’ court in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient goods to satisfy such a sum, then, on the payment of the sum, together with the costs and charges, if any, of the commitment, or (as the case may be) on the payment of the amount outstanding, the order shall cease to have effect; and if the person has been committed to custody he shall be released unless he is in custody for some other cause.

• (2) Where, after a period of imprisonment or other detention has been imposed on any person in default of payment of any sum adjudged to be paid by the conviction or order of a magistrates’ court or for want of sufficient goods to satisfy such a sum, payment is made in accordance with rules of court of part of the sum, the period of detention shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid bears —

• (a) to the amount outstanding at the time the period of detention was imposed, if the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (taking control of goods) had been used for recovering the sum;

• (b) otherwise, to so much of the sum as was due at that time.

• (3) In calculating the reduction required under subsection (2) above any fraction of a day shall be left out of account.

• (4) In this Act, references to want of sufficient goods to satisfy a sum of money are references to circumstances where—

• (a) a warrant of control has been issued for the sum to be recovered from a person, but

• (b) it appears on the return to the warrant that the person's money and goods are insufficient to pay the amount outstanding.

• (5) In this section, “the amount outstanding” has the meaning given by paragraph 50(3) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Application of money found on defaulter to satisfy sum adjudged

80

• (1) Where a magistrates’ court has adjudged a person to pay a sum by a conviction ..., the court may order him to be searched.

• (2) Any money found on the arrest of a person adjudged to pay such a sum as aforesaid, or on a search as aforesaid, or on his being taken to a prison or other place of detention in default of payment of such a sum or for want of sufficient goods to satisfy such a sum, may, unless the court otherwise directs, be applied towards payment of the said sum; and the balance, if any, shall be returned to him.

• (3) A magistrates’ court shall not allow the application as aforesaid of any money found on a person if it is satisfied that the money does not belong to him or that the loss of the money would be more injurious to his family than would be his detention.

Sums adjudged to be paid by a conviction

Enforcement of fines imposed on young offenders

81

• (1) Where a magistrates’ court would, but for section 227 of the Sentencing Code, have power to commit to prison a person under the age of 18 for a default consisting in failure to pay, or want of sufficient goods to satisfy, a sum adjudged to be paid by a conviction, the court may, subject to the following provisions of this section, make—

• (a) an order requiring the defaulter’s parent or guardian to enter into a recognizance to ensure that the defaulter pays so much of that sum as remains unpaid; or

• (b) an order directing so much of that sum as remains unpaid to be paid by the defaulter’s parent or guardian instead of by the defaulter.

• (2) An order under subsection (1) above shall not be made in respect of a defaulter—

• (a) in pursuance of paragraph (a) of that subsection, unless the parent or guardian in question consents;

• (b) in pursuance of paragraph (b) of that subsection, unless the court is satisfied in all the circumstances that it is reasonable to make the order.

• (3) None of the following orders, namely—

• (a) an order under section 60(1) of the said Act of 2000 for attendance at an attendance centre; or

• (b) any order under subsection (1) above,

shall be made by a magistrates’ court in consequence of a default of a person under the age of 18 years consisting in failure to pay, or want of sufficient goods to satisfy, a sum adjudged to be paid by a conviction unless the court has since the conviction inquired into the defaulter’s means in his presence on at least one occasion.

• (4) An order under subsection (1) above shall not be made by a magistrates’ court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.

• (5) An order under subsection (1) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.

• (6) A parent or guardian may appeal to the Crown Court against an order under subsection (1) above made in pursuance of paragraph (b) of that subsection.

• (7) Any sum ordered under subsection (1)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.

• (8) In this section—

• “guardian”, in relation to a person under the age of 18, means a person appointed, according to law, to be his guardian , or by order of a court of competent jurisdiction;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including a compensation order (within the meaning given by section 133 of the Sentencing Code).

Restriction on power to impose imprisonment for default

82

• (1) A magistrates’ court shall not on the occasion of convicting an offender of an offence issue a warrant of commitment for a default in paying any sum adjudged to be paid by the conviction unless—

• (a) in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;

• (b) it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or

• (c) on the occasion of that conviction the court sentences him to immediate imprisonment , youth custody or detention in a detention centre for that or another offence or he is already serving a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982 or detention in a detention centre.

• (1A) A magistrates' court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying—

• (a) a charge ordered to be paid under section 46 of the Sentencing Code (criminal courts charge), or

• (b) a surcharge ordered to be paid under section 42 of that Code.

• (2) A magistrates’ court shall not in advance of the issue of a warrant of commitment fix a term of imprisonment which is to be served by an offender in the event of a default in paying a sum adjudged to be paid by a conviction, except where it has power to issue a warrant of commitment forthwith, but postpones issuing the warrant under section 77(2) above.

• (3) Where on the occasion of the offender’s conviction a magistrates’ court does not issue a warrant of commitment for a default in paying any such sum as aforesaid or fix a term of imprisonment under the said section 77(2) which is to be served by him in the event of any such default, it shall not thereafter issue a warrant of commitment for any such default or for want of sufficient goods to satisfy such a sum unless—

• (a) he is already serving a sentence of custody for life, or a term of imprisonment, youth custody, detention under section 9 of the Criminal Justice Act 1982 or detention in a detention centre; or

• (b) the court has since the conviction inquired into his means in his presence on at least one occasion.

• (4) Where a magistrates’ court is required by subsection (3) above to inquire into a person’s means, the court may not on the occasion of the inquiry or at any time thereafter issue a warrant of commitment for a default in paying any such sum unless—

• (a) in the case of an offence punishable with imprisonment, the offender appears to the court to have sufficient means to pay the sum forthwith; or

• (b) the court—

• (i) is satisfied that the default is due to the offender’s wilful refusal or culpable neglect; and

• (ii) has considered or tried all other methods of enforcing payment of the sum and it appears to the court that they are inappropriate or unsuccessful.

• (4A) The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are—

• (a) a warrant of control under section 76 above;

• (b) an application to the High Court or county court for enforcement under section 87 below;

• (c) an order under section 88 below;

• (d) an attachment of earnings order; and

• (e) if the offender is under the age of 25, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders).

• (4B) The cases in which the offender’s default may be regarded for the purposes of subsection (4)(b)(i) as being attributable to his wilful refusal or culpable neglect include any case in which—

• (a) he has refused, otherwise than on reasonable grounds, to consent to a work order proposed to be made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), or

• (b) he has without reasonable excuse failed to comply with such an order.

• (5) After the occasion of an offender’s conviction by a magistrates’ court, the court shall not, unless—

• (a) the court has previously fixed a term of imprisonment under section 77(2) above which is to be served by the offender in the event of a default in paying a sum adjudged to be paid by the conviction; or

• (b) the offender is serving a sentence of custody for life, or a term of imprisonment, youth custody, detention undersection 9 of the Criminal Justice Act 1982 or detention in a detention centre,

issue a warrant of commitment for a default in paying the sum or fix such a term except at a hearing at which the offender is present.

• (5A) A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the designated officer for the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.

• (5B) Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously—

• (a) inquired into the offender’s means; and

• (b) postponed the issue of the warrant of commitment under section 77(2) above.

• (5C) A notice under subsection (5A) above—

• (a) shall state the time and place appointed for the hearing; and

• (b) shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing,

but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations.

• (5D) Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.

• (5E) Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.

• (5F) A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent in accordance with Criminal Procedure Rules.

• (6) Where a magistrates’ court issues a warrant of commitment on the ground that one of the conditions mentioned in subsection (1) or (4) above is satisfied, it shall state that fact, specifying the ground, in the warrant.

Process for securing attendance of offender for purposes of section 82

83

• (1) A magistrates’ court may, for the purpose of enabling inquiry to be made under section 82 above or for securing the attendance of an offender at a hearing required to be held by subsection (5) of that section—

• (a) issue a summons requiring the offender to appear before the court at the time and place appointed in the summons; or

• (b) issue a warrant to arrest him and bring him before the court.

• (2) On the failure of the offender to appear before the court in answer to a summons issued under this section, or by virtue of Schedule 5 to the Courts Act 2003 the court may issue a warrant to arrest him and bring him before the court.

• (3) A warrant issued under this section may be executed in like manner, and the like proceedings may be taken with a view to its execution, in any part of the United Kingdom, as if it had been issued under section 13 above.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to require statement of means

84

• (1) A magistrates’ court may, either before or on inquiring into a person’s means under section 82 above, and a justice of the peace acting in the same local justice area as that court may before any such inquiry, order him to furnish to the court within a period specified in the order such a statement of his assets and other financial circumstances as the court may require.

• (2) A person who fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) If a person in furnishing any statement in pursuance of an order under subsection (1) above makes a statement which he knows to be false in a material particular or recklessly furnishes a statement which is false in a material particular, or knowingly fails to disclose any material fact, he shall be liable on summary conviction to imprisonment for a term not exceeding 4 months or a fine not exceeding level 3 on the standard scaleor both.

• (4) Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section 127(1) below, be commenced at any time within 2 years from the date of the commission of the offence or within 6 months from its first discovery by the prosecutor, whichever period expires the earlier.

Power to remit fine

85

• (1) Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—

• (a) where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of section 77 above, since the relevant time as defined in subsection (4) of that section; and

• (b) in any other case, since the date of the conviction.

• (2) Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.

• (2A) Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

• (2B) Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

• (3) In calculating any reduction required by subsection (2), (2A) or (2B) above any fraction of a day or hour shall be left out of account.

• (3A) Where—

• (a) the court remits the whole or part of the fine, and

• (b) the offender was ordered under section 42 of the Sentencing Code to pay a surcharge the amount of which was set by reference to the amount of the fine,

the court shall determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.

• (4) Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.

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

86

• (1) A magistrates’ court which has exercised in relation to a sum adjudged to be paid by a conviction either of the powers conferred by section 75(1) above shall have power, either then or later, to fix a day on which, if the relevant condition is satisfied, the offender must appear in person before the court for either or both of the following purposes, namely—

• (a) to enable an inquiry into his means to be made under section 82 above;

• (b) to enable a hearing required by subsection (5) of the said section 82 to be held.

• (1A) Where the power which the court has exercised is the power to allow time for payment of a sum (“the adjudged sum”), the relevant condition is satisfied if any part of that sum remains unpaid on the day fixed by the court.

• (1B) Where the power which the court has exercised is the power to order payment by instalments, the relevant condition is satisfied if an instalment which has fallen due remains unpaid on the day fixed by the court.

• (2) Except as provided in subsection (3) below, the power to fix a day under this section shall be exercisable only in the presence of the offender.

• (3) Where a day has been fixed under this section, the court may fix a later day in substitution for the day previously fixed, and may do so—

• (a) when composed of a single justice; and

• (b) whether the offender is present or not.

• (4) Subject to subsection (5) below, if on the day fixed under this section—

• (a) the relevant condition is satisfied; and

• (b) the offender fails to appear in person before the court,

the court may issue a warrant to arrest him and bring him before the court; and subsection (3) of section 83 above shall apply in relation to a warrant issued under this section.

• (5) Where under subsection (3) above a later day has in the absence of the offender been fixed in substitution for a day previously fixed under this section, the court shall not issue a warrant under this section unless it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that notice in writing of the substituted day was served on the offender not less than what appears to the court to be a reasonable time before that day.

Enforcement of payment of fines by High Court and county court

87

• (1) Subject to the provisions of subsection (2) below, payment of a sum adjudged to be paid by a conviction of a magistrates’ court may be enforced by the High Court or the county court (otherwise than by issue of a writ of control or other process against goods or by imprisonment or attachment of earnings) as if the sum were due to the designated officer for the magistrates’ court in pursuance of a judgment or order of the High Court or county court, as the case may be.

• (1A) For the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, the reference in subsection (1) above to “the designated officer for the magistrates' court” shall be construed as a reference to the fines officer.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The designated officer for the magistrates' court shall not take proceedings by virtue of subsection (1) above to recover any sum adjudged to be paid by a conviction of the court from any person unless there has been an inquiry under section 82 above into that person’s means and he appeared to the court to have sufficient means to pay the sum forthwith.

• (3A) The fines officer shall not, for the purposes of taking the step mentioned in paragraph 38(1)(e) of Schedule 5 to the Courts Act 2003, take proceedings by virtue of subsection (1) above to recover from any person a sum mentioned in paragraph 1 of that Schedule, unless the fines officer has made an inquiry into that person's means and he appeared to the fines officer to have sufficient means to pay the sum forthwith.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision pending payment

88

• (1) Where any person is adjudged to pay a sum by a summary conviction and the convicting court does not commit him to prison forthwith in default of payment, the court may, either on the occasion of the conviction or on a subsequent occasion, order him to be placed under the supervision of such person as the court may from time to time appoint.

• (2) An order placing a person under supervision in respect of any sum shall remain in force so long as he remains liable to pay the sum or any part of it unless the order ceases to have effect or is discharged under subsection (3) below.

• (3) An order under this section shall cease to have effect on the making of a transfer of fine order under section 89 below with respect to the sum adjudged to be paid and may be discharged by the court that made it, without prejudice in either case to the making of a new order.

• (4) Where a person under 21 years old has been adjudged to pay a sum by a summary conviction and the convicting court does not commit him to detention undersection 108 of the Powers of Criminal Courts (Sentencing) Act 2000forthwith in default of payment, the court shall not commit him to to such detentionin default of payment of the sum, or for want of sufficient goods to satisfy the sum, unless he has been placed under supervision in respect of the sum or the court is satisfied that it is undesirable or impracticable to place him under supervision.

• (5) Where a court, being satisfied as aforesaid, commits a person under 21 years old to such detentionwithout an order under this section having been made, the court shall state the grounds on which it is so satisfied in the warrant of commitment.

• (6) Where an order placing a person under supervision with respect to a sum is in force, a magistrates’ court shall not commit him to prison in default of payment of the sum, or for want of sufficient goods to satisfy the sum, unless the court has before committing him taken such steps as may be reasonably practicable to obtain from the person appointed for his supervision an oral or written report on the offender’s conduct and means and has considered any report so obtained, in addition, in a case where an inquiry is required by section 82 above, to that inquiry.

Transfer of fine order

89

• (1) Where a magistrates’ court in a local justice area has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum and it appears to the court , or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be, that the person is residing in England and Wales , the court or the fines officer, as the case may be, may make a transfer of fine order, that is to say, an order making payments enforceable in another local justice area and that area shall be specified in the order.

• (2) As from the date on which a transfer of fine order is made with respect to any sum, all functions under this Part of this Act or under Schedule 5 to the Courts Act 2003 relating to that sum which, if no order had been made, would have been exercisable by any court or person mentioned in column 1 of the Table below shall be exercisable by the court or person mentioned in the corresponding entry in column 2, and not otherwise.

Column 1	Column 2
(A) The court which made the order.(B) A court acting in the same local justice	In either case, a court acting in the local justice area specified in the order.
area as was the fines officer who made the
The designated officer for the court mentioned in the row above.	The designated officer for the court mentioned in the row above.
(A) The fines officer who made the order.(B) A fines officer acting in the same local justice area as was the court which made the order.	In either case, a fines officer acting in the local justice area specified in the order.

• (2A) The functions of the court to which subsection (2) above relates shall be deemed to include the court’s under this Part of this Act power to apply to the Secretary of State under any regulations made by him under section 24(1)(a) of the Criminal Justice Act 1991 (power to deduct fines etc from universal credit and income support).

• (3) A court or a fines officer, as the case may be, by which or whom functions in relation to any sum are for the time being exercisable by virtue of a transfer of fine order may make a further transfer of fine order with respect to that sum.

• (4) In this section and sections 90 and 91 below, references to this Part of this Act do not include references to section 81(1) above.

• (5) When this section applies to a sum payable by virtue of a conviction under section 16H—

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

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

Transfer of fines to Scotland or Northern Ireland

90

• (1) Where a magistrates’ court has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum, and it appears to the court (or where that sum is the subject of a collection order, it appears to the court or the fines officer as the case may be) that he is residing—

• (a) within the jurisdiction of a court of summary jurisdiction in Scotland, or

• (b) in any petty sessions district in Northern Ireland,

the court (or the fines officer as the case may be) may order that payment of the sum shall be enforceable by that court of summary jurisdiction or, as the case may be, in that petty sessions district.

• (2) An order under this section shall specify the court of summary jurisdiction by which or petty sessions district in which payment of the sum in question is to be enforceable; and if—

• (a) that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and

• (b) payment is to be enforceable in Scotland,

the court to be so specified shall be the sheriff court.

• (3) Where an order is made under this section with respect to any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by a magistrates' court in England and Wales or by the designated officer for that court, or by a fines officer shall cease to be so exercisable.

• (3A) The functions of the court under this Part of this Act which shall cease to be exercisable by virtue of subsection (3) above shall be deemed to include the court’s power to apply to the Secretary of State under regulations made by him under section 24(1)(a) of the Criminal Justice Act 1991 (power to deduct fines from universal credit and income support).

• (4) When this section applies to a sum payable by virtue of a conviction under section 16H—

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

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

Transfer of fines from Scotland or Northern Ireland

91

• (1) Where a transfer of fine order under section 403 of the Criminal Procedure (Scotland) Act 1975 or Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 provides that payment of a sum shall be enforceable by a magistrates' court in England and Wales, a magistrates' court (or a fines officer as the case may be) acting in the area in which the person subject to the order resides, and the designated officer for that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act (or under Schedule 5 to the Courts Act 2003 as the case may be) in respect of the sum (including power to make an order under section 89 or section 90 above) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1975 or, as the case may be, the said Order of 1981 in respect of the sum before the making of the transfer of fine order had been made by that court.

• (2) For the purpose of determing the period of imprisonment which may be imposed under this Act in default of payment of a fine originally imposed by a court in Scotland, Schedule 4 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407 of the Criminal Procedure (Scotland) Act 1975.

• (3) Where a transfer of fine order under section 403 of the Criminal Procedure (Scotland) Act 1975 or Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981 provides for the enforcement by a magistrates' court in England and Wales of a fine originally imposed by the Crown Court, a magistrates’ court (or a fines officer as the case may be) acting in the area in which the person subject to the order resides shall have all the like functions under this Part of this Act (or under Schedule 5 to the Courts Act 2003 as the case may be), exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of section 132(1) of the Sentencing Code (or as if he were a fines officer acting in the same local justice area as that court as the case may be), and as if any order made under the said Act of 1975 or, as the case may be, the said Order of 1981 in respect of the fine before the making of the transfer of fine order had been made by that court.

Sums adjudged to be paid by an order

Restriction on power to impose imprisonment for default

92

• (1) A magistrates’ court shall not exercise its power under section 76 above to issue a warrant to commit to prison a person who makes default in paying a sum adjudged to be paid by an order of such a court except where the default is under—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an order made by a court under regulations under section 23 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (payment by individual in respect of legal aid) ; or

• (c) an order for the payment of any of the taxes, contributions, premiums or liabilities specified in Schedule 4 to the Administration of Justice Act 1970.

• (2) This section does not affect the power of a magistrates’ court to issue such a warrant as aforesaid in the case of default in paying a sum adjudged to be paid by a conviction, or treated (by any enactment relating to the collection or enforcement of fines, costs, compensation or forfeited recognizances) as so adjudged to be paid.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaint for arrears

93

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

Effect of committal on arrears

94

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

Power to remit arrears

95

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

Civil debt: complaint for non-payment

96

• (1) A magistrates’ court shall not commit any person to prison or other detention in default of payment of a sum enforceable as a civil debt or for want of sufficient goods to satisfy such a sum except by an order made on complaint and on proof to the satisfaction of the court that that person has, or has had since the date on which the sum was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected to pay it.

• (2) A complaint under this section may be made at any time notwithstanding anything in this or any other Act.

• (3) Where on any such complaint the defendant is committed to custody, such costs incurred by the complainant in proceedings for the enforcement of the sum as the court may direct shall be included in the sum on payment of which the defendant may be released from custody.

Part IV — Witnesses and Evidence

Procuring attendance of witness

Summons to witness and warrant for his arrest

97

• (1) Where a justice of the peace is satisfied that—

• (a) any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information or hearing of a complaint ... by a magistrates' court, and

• (b) it is in the interests of justice to issue a summons under this subsection to secure the attendance of that person to give evidence or produce the document or thing,

the justice shall issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing.

• (2) If a justice of the peace is satisfied by evidence on oath of the matters mentioned in subsection (1) above, and also that it is probable that a summons under that subsection would not procure the attendance of the person in question, the justice may instead of issuing a summons issue a warrant to arrest that person and bring him before such a court as aforesaid at a time and place specified in the warrant; but a warrant shall not be issued under this subsection where the attendance is required for the hearing of a complaint ... .

• (2A) A summons may also be issued under subsection (1) above if the justice is satisfied that the person in question is outside the British Islands but no warrant shall be issued under subsection (2) above unless the justice is satisfied by evidence on oath that the person in question is in England or Wales.

• (2B) A justice may refuse to issue a summons under subsection (1) above in relation to the summary trial of an information if he is not satisfied that an application for the summons was made by a party to the case as soon as reasonably practicable after the accused pleaded not guilty.

• (2C) In relation to the summary trial of an information, subsection (2) above shall have effect as if the reference to the matters mentioned in subsection (1) above included a reference to the matter mentioned in subsection (2B) above.

• (3) On the failure of any person to attend before a magistrates’ court in answer to a summons under this section, if—

• (a) the court is satisfied by evidence on oath that he is likely to be able to give material evidence or produce any document or thing likely to be material evidence in the proceedings; and

• (b) it is proved on oath, or in such other manner as may be prescribed, that he has been duly served with the summons, and that a reasonable sum has been paid or tendered to him for costs and expenses; and

• (c) it appears to the court that there is no just excuse for the failure,

the court may issue a warrant to arrest him and bring him before the court at a time and place specified in the warrant.

• (4) If any person attending or brought before a magistrates’ court refuses without just excuse to be sworn or give evidence, or to produce any document or thing, the court may commit him to custody until the expiration of such period not exceeding one month as may be specified in the warrant or until he sooner gives evidence or produces the document or thing or impose on him a fine not exceeding £2,500 or both.

• (5) A fine imposed under subsection (4) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

Evidence generally

Evidence on oath

98

Subject to the provisions of any enactment or rule of law authorising the reception of unsworn evidence, evidence given before a magistrates’ court shall be given on oath.

Proof of non-payment of sum adjudged

99

Where a magistrates’ court has ordered one person to pay to another any sum of money, and proceedings are taken before that or any other magistrates’ court to enforce payment of that sum, then—

• (a) if the person to whom the sum is ordered to be paid is the designated officer for a magistrates' court , a certificate purporting to be signed by the designated officer that the sum has not been paid to him; and

• (b) in any other case a document purporting to be a statutory declaration by the person to whom the sum is ordered to be paid that the sum has not been paid to him,

shall be admissible as evidence that the sum has not been paid to him, unless the court requires the designated officer or other person to be called as a witness.

Statement of wages to be evidence

100

A statement in writing to the effect that wages of any amount have been paid to a person during any period, purporting to be signed by or on behalf of his employer, shall be evidence of the facts therein stated in any proceedings taken before a magistrates’ court—

• (a) for enforcing payment by the person to whom the wages are stated to have been paid of a sum adjudged to be paid by a summary conviction or order; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Onus of proving exceptions, etc.

101

Where the defendant to an information or complaint relies for his defence on any exception, exemption, proviso, excuse or qualification, whether or not it accompanies the description of the offence or matter of complaint in the enactment creating the offence or on which the complaint is founded, the burden or proving the exception, exemption, proviso, excuse or qualification shall be on him; and this notwithstanding that the information or complaint contains an allegation negativing the exception, exemption, proviso, excuse or qualification.

Evidence in criminal cases

Written statements before examining justices

102

Evidence of children in committal proceedings for sexual offences

103

• (1) In any proceedings before a magistrates’ court inquiring as examining justices into an offence to which this section applies, a statement made in writing by or taken in writing from a child shall be admissible in evidence of any matter.

• (2) This section applies—

• (a) to an offence which involves an assault, or injury or a threat of injury to, a person;

• (b) to an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);

• (c) to an offence under the Sexual Offences Act 1956, . . . the Protection of Children Act 1978 or Part 1 of the Sexual Offences Act 2003 ; and

• (d) to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this section “child” has the same meaning as in section 53 of the Criminal Justice Act 1991.

Proof of previous convictions

104

Where a person is convicted of a summary offence by a magistrates’ court, other than a youth court, and—

• (a) it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that not less than 7 days previously a notice was served on the accused in the prescribed form and manner specifying any alleged previous conviction of the accused of a summary offence proposed to be brought to the notice of the court in the event of his conviction of the offence charged; and

• (b) the accused is not present in person before the court,

the court may take account of any such previous conviction so specified as if the accused had appeared and admitted it.

Deposition of person dangerously ill

105

Offences

False written statements tendered in evidence

106

• (1) If any person in a written statement admitted in evidence in criminal proceedings by virtue of section 5B above wilfully makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be liable on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.

• (2) The Perjury Act 1911 shall have effect as if this section were contained in that Act.

False statements in declaration proving service, etc.

107

If, in any solemn declaration, certificate or other writing made or given for the purpose of its being used in pursuance of rules of court as evidence of the service of any document or the handwriting or seal of any person, a person makes a statement that he knows to be false in a material particular, or recklessly makes any statement that is false in a material particular, he shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 3 on the standard scale or both.

Part V — Appeal and Case Stated

Appeal

Right of appeal to the Crown Court

108

• (1) A person convicted by a magistrates’ court may appeal to the Crown Court—

• (a) if he pleaded guilty, against his sentence;

• (b) if he did not, against the conviction or sentence.

• (1A) Section 82 of the Sentencing Code (under which a conviction of an offence for which ... an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes) shall not prevent an appeal under this Act, whether against conviction or otherwise.

• (2) A person sentenced by a magistrates’ court for an offence in respect of which ... an order for conditional discharge has been previously made may appeal to the Crown Court against the sentence.

• (2A) A person convicted under section 16H may not appeal under this section against the conviction or sentence, except a sentence imposed under section 16M(5)(b).

• (3) In this section “sentence” includes any order made on conviction by a magistrates’ court, not being—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an order for the payment of costs;

• (c) an order under ... section 37(1) of the Animal Welfare Act 2006 (which enables a court to order the destruction of an animal); or

• (d) an order made in pursuance of any enactment under which the court has no discretion as to the making of the order or its terms

and also includes a declaration of relevance, within the meaning of section 23 of the Football Spectators Act 1989.

• (4) Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 42 of the Sentencing Code.

• (5) Subsection (3) does not prevent an appeal against an order under section 46 of the Sentencing Code (criminal courts charge).

Abandonment of appeal

109

• (1) Where notice to abandon an appeal has been duly given by the appellant—

• (a) the court against whose decision the appeal was brought may issue process for enforcing that decision, subject to anything already suffered or done under it by the appellant; and

• (b) the said court may, on the application of the other party to the appeal, order the appellant to pay to that party such costs as appear to the court to be just and reasonable in respect of expenses properly incurred by that party in connection with the appeal before notice of the abandonment was given to that party.

• (2) In this section “appeal” means an appeal from a magistrates’ court to the Crown Court, and the reference to a notice to abandon an appeal is a reference to a notice shown to the satisfaction of the magistrates’ court to have been given in accordance with rules of court .

Enforcement of decision of the Crown Court

110

After the determination by the Crown Court of an appeal from a magistrates’ court the decision appealed against as confirmed or varied by the Crown Court, or any decision of the Crown Court substituted for the decision appealed against, may, without prejudice to the powers of the Crown Court to enforce the decision, be enforced—

• (a) by the issue by the court by which the decision appealed against was given of any process that it could have issued if it had decided the case as the Crown Court decided it;

• (b) so far as the nature of any process already issued to enforce the decision appealed against permits, by that process;

and the decision of the Crown Court shall have effect as if it had been made by the magistrates’ court against whose decision the appeal is brought.

Case stated

Statement of case by magistrates' court

111

• (1) Any person who was a party to any proceeding before a magistrates’ court or is aggrieved by the conviction, order, determination or other proceeding of the court may question the proceeding on the ground that it is wrong in law or is in excess of jurisdiction by applying to the justices composing the court to state a case for the opinion of the High Court on the question of law or jurisdiction involved; but a person shall not make an application under this section in respect of a decision against which he has a right of appeal to the High Court or which by virtue of any enactment passed after 31st December 1879 is final.

• (2) An application under subsection (1) above shall be made within 21 days after the day on which the decision of the magistrates’ court was given.

• (3) For the purpose of subsection (2) above, the day on which the decision of the magistrates’ court is given shall, where the court has adjourned the trial of an information after conviction, be the day on which the court sentences or otherwise deals with the offender.

• (4) On the making of an application under this section in respect of a decision any right of the applicant to appeal against the decision to the Crown Court shall cease.

• (5) If the justices are of opinion that an application under this section is frivolous, they may refuse to state a case, and, if the applicant so requires, shall give him a certificate stating that the application has been refused; but the justices shall not refuse to state a case if the application is made by or under the direction of the Attorney General.

• (6) Where justices refuse to state a case, the High Court may, on the application of the person who applied for the case to be stated, make an order of mandamus requiring the justices to state a case.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of decision of High Court on case stated by magistrates' court

112

• (1) Any conviction, order, determination or other proceeding of a magistrates’ court varied by the High Court on an appeal by case stated, and any judgment or order of the High Court on such an appeal, may be enforced as if it were a decision of the magistrates’ court from which the appeal was brought.

• (2) Any order, determination or other proceeding of a magistrates' court varied by the family court on an appeal under section 111A, and any judgment or order of the family court on such an appeal, may be enforced as if it were a decision of the magistrates' court from which the appeal was brought.

Supplemental provisions as to appeal and case stated

Bail on appeal or case stated

113

• (1) Where a person has given notice of appeal to the Crown Court against the decision of a magistrates’ court or has applied to a magistrates’ court to state a case for the opinion of the High Court, then, if he is in custody, the magistrates’ court may , subject to section 25 of the Criminal Justice and Public Order Act 1994, grant him bail.

• (2) If a person is granted bail under subsection (1) above, the time and place at which he is to appear (except in the event of the determination in respect of which the case is stated being reversed by the High Court) shall be—

• (a) if he has given notice of appeal, the Crown Court at the time appointed for the hearing of the appeal;

• (b) if he has applied for the statement of a case, the magistrates’ court at such time within 10 days after the judgment of the High Court has been given as may be specified by the magistrates’ court;

and any recognizance that may be taken from him or from any surety for him shall be conditioned accordingly.

• (3) Subsection (1) above shall not apply where the accused has been committed to the Crown Court for sentence under section 37 above or section 14, 15, 16 , 16A or 17 of the Sentencing Code.

• (4) Section 37(6) of the Criminal Justice Act 1948 (which relates to the currency of a sentence while a person is released on bail by the High Court) shall apply to a person released on bail by a magistrates’ court under this section pending the hearing of a case stated as it applies to a person released on bail by the High Court under section 22 of the Criminal Justice Act 1967.

Recognizance's and fees on case stated

114

Justices to whom application has been made to state a case for the opinion of the High Court on any proceeding of a magistrates’ court shall not be required to state the case until the applicant has entered into a recognizance, with or without sureties, before the magistrates’ court, conditioned to prosecute the appeal without delay and to submit to the judgment of the High Court and pay such costs as that Court may award; and (except in any criminal matter) a designated officer for the court shall not be required to deliver the case to the applicant until the applicant has paid the fees payable for the case and for the recognizances to the designated officer ....

Part VI — Recognizances

Recognizances to keep the peace or be of good behaviour

Binding over to keep the peace or be of good behaviour

115

• (1) The power of a magistrates’ court on the complaint of any person to adjudge any other person to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour towards the complainant shall be exercised by order on complaint.

• (2) Where a complaint is made under this section, the power of the court to remand the defendant under subsection (5) of section 55 above shall not be subject to the restrictions imposed by subsection (6) of that section.

• (3) If any person ordered by a magistrates’ court under subsection (1) above to enter into a recognizance, with or without sureties, to keep the peace or to be of good behaviour fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order.

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

116

• (1) On complaint being made to a justice of the peace . . . by a surety to a recognizance to keep the peace or to be of good behaviour entered into before a magistrates’ court that the person bound by the recognizance as principal has been, or is about to be, guilty of conduct constituting a breach of the conditions of the recognizance, the justice may. . . issue a warrant to arrest the principal and bring him before a magistrates’ court . . . or a summons requiring the principal to appear before such a court; but the justice shall not issue a warrant unless the complaint is in writing and substantiated on oath.

• (2) The magistrates’ court before which the principal appears or is brought in pursuance of such a summons or warrant as aforesaid may, unless it adjudges the recognizance to be forfeited, order the recognizance to be discharged and order the principal to enter into a new recognizance, with or without sureties, to keep the peace or to be of good behaviour.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other provisions

Warrant endorsed for bail

117

• (1) A justice of the peace on issuing a warrant for the arrest of any person may grant him bail by endorsing the warrant for bail, that is to say, by endorsing the warrant with a direction in accordance with subsection (2) below.

• (1A) Subsection (1) is subject to section 115(1) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge).

• (2) A direction for bail endorsed on a warrant under subsection (1) above shall—

• (a) in the case of bail in criminal proceedings, state that the person arrested is to be released on bail subject to a duty to appear before such magistrates’ court and at such time as may be specified in the endorsement;

• (b) in the case of bail otherwise than in criminal proceedings, state that the person arrested is to be released on bail on his entering into such a recognizance (with or without sureties) conditioned for his appearance before a magistrates’ court as may be specified in the endorsement;

and the endorsement shall fix the amounts in which any sureties and, in a case falling within paragraph (b) above, that person is or are to be bound.

• (3) Where a warrant has been endorsed for bail under subsection (1) above—

• (a) where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance; and

• (b) where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.

Varying or dispensing with requirement as to sureties

118

• (1) Subject to subsection (2) below, where a magistrates’ court has committed a person to custody in default of finding sureties, the court may, on application by or on behalf of the person committed, and after hearing fresh evidence, reduce the amount in which it is proposed that any surety should be bound or dispense with any of the sureties or otherwise deal with the case as it thinks just.

• (2) Subsection (1) above does not apply in relation to a person granted bail in criminal proceedings.

Postponement of taking recognizance

119

• (1) Where a magistrates’ court has power to take any recognizance, the court may, instead of taking it, fix the amount in which the principal and his sureties, if any, are to be bound; and thereafter the recognizance may be taken by any such person as may be prescribed.

• (2) Where, in pursuance of this section, a recognizance is entered into otherwise than before the court that fixed the amount of it, the same consequences shall follow as if it had been entered into before that court; and references in this or any other Act to the court before which a recognizance was entered into shall be construed accordingly.

• (3) Nothing in this section shall enable a magistrates’ court to alter the amount of a recognizance fixed by the High Court or the Crown Court.

Forfeiture of recognizance

120

• (1) This section applies where—

• (a) a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court; or

• (b) any recognizance is conditioned for the appearance of a person before a magistrates’ court, or for his doing any other thing connected with a proceeding before a magistrates’ court.

• (1A) If, in the case of a recognizance which is conditioned for the appearance of an accused before a magistrates’ court, the accused fails to appear in accordance with the condition, the court shall—

• (a) declare the recognizance to be forfeited;

• (b) issue a summons directed to each person bound by the recognizance as surety, requiring him to appear before the court on a date specified in the summons to show cause why he should not be adjudged to pay the sum in which he is bound;

and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.

• (2) If, in any other case falling within subsection (1) above, the recognizance appears to the magistrates’ court to be forfeited, the court may—

• (a) declare the recognizance to be forfeited; and

• (b) adjudge each person bound by it, whether as principal or surety, to pay the sum in which he is bound;

but in a case falling within subsection (1)(a) above, the court shall not declare the recognizance to be forfeited except by order made on complaint.

• (3) The court which declares the recognizance to be forfeited may, instead of adjudging any person to pay the whole sum in which he is bound, adjudge him to pay part only of the sum or remit the sum.

• (4) Payment of any sum adjudged to be paid under this section, including any costs awarded against the defendant, may be enforced, and any such sum shall be applied, as if it were a fine and as if the adjudication were a summary conviction of an offence not punishable with imprisonment and so much of section 85(1) above as empowers a court to remit fines shall not apply to the sum but so much thereof as relates to remission after a term of imprisonment has been imposed shall so apply; but at any time before the issue of a warrant of commitment to enforce payment of the sum, or before the sale of goods under a warrant of control to satisfy the sum, the court may remit the whole or any part of the sum either absolutely or on such conditions as the court thinks just.

• (5) A recognizance such as is mentioned in this section shall not be enforced otherwise than in accordance with this section, and accordingly shall not be transmitted to the Crown Court nor shall its forfeiture be certified to that Court.

Part VII — Miscellaneous and Supplementary

Constitution and place of sitting of magistrates’ courts

Constitution and place of sitting of court

121

• (1) A magistrates’ court shall not try an information summarily or hear a complaint except when composed of at least 2 justices unless the trial or hearing is one that by virtue of any enactment may take place before a single justice.

• (2) A magistrates’ court shall not hold an inquiry into the means of an offender for the purposes of section 82 above or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment except when composed of at least 2 justices.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is—

• (a) trying summarily an information for an indictable offence,

• (b) trying an information for a summary offence,

• (c) imposing imprisonment,

• (d) hearing a complaint, or

• (e) holding an inquiry into the means of an offender for the purposes of section 82.

• (5) A magistrates’ court composed of a single justice . . . , shall not impose imprisonment for a period exceeding 14 days or order a person to pay more than £1.

• (5A) A magistrates' court that is trying a summary offence in accordance with section 16A is restricted to the following in dealing with the accused for the offence—

• (a) imposing a fine;

• (b) imposing a penalty under section 102(3)(aa) of the Customs and Excise Management Act 1979 or section 29, 35A or 37 of the Vehicle Excise and Registration Act 1994 (penalties imposed for certain offences in relation to vehicle excise licences);

• (c) ordering an amount to be paid under section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);

• (d) making an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders);

• (e) ordering payment of a surcharge under section 42 of the Sentencing Code (victim surcharge);

• (f) making an order as to costs to be paid by the accused to the prosecutor under section 18 of the Prosecution of Offences Act 1985;

• (g) making an order as to costs to be paid by the accused by virtue of section 19 of the Prosecution of Offences Act 1985;

• (h) ordering payment of a charge under section 46 of the Sentencing Code (criminal courts charge);

• (i) making an order under section 30A of the Road Traffic Offenders Act 1988 (order to disregard penalty points if approved course attended);

• (j) making an order under section 34 or 35 of the Road Traffic Offenders Act 1988 (disqualification from driving);

• (k) making an order under section 44 of the Road Traffic Offenders Act 1988 (endorsement of a driving record);

• (l) making an application to the Secretary of State by virtue of section 24(1)(a) of the Criminal Justice Act 1991 (benefit deductions);

• (m) making an attachment of earnings order under Part 3 of Schedule 5 to the Courts Act 2003;

• (n) making an application for benefits deductions to the Secretary of State under Part 3 of Schedule 5 to the Courts Act 2003;

• (o) making a collection order under Part 4 of Schedule 5 to the Courts Act 2003;

• (p) discharging the accused absolutely or conditionally.

• (5B) The limit in subsection (5) does not apply to fines imposed as described in subsection (5A).

• (6) Subject to the provisions of subsection (7) below, the justices composing the court before which any proceedings take place shall be present during the whole of the proceedings; but, if during the course of the proceedings any justice absents himself, he shall cease to act further therein and, if the remaining justices are enough to satisfy the requirements of the preceding provisions of this section, the proceedings may continue before a court composed of those justices.

• (7) Where the trial of an information is adjourned after the accused has been convicted and before he is sentenced or otherwise dealt with, the court which sentences or deals with him need not be composed of the same justices as that which convicted him; but, where among the justices composing the court which sentences or deals with an offender there are any who were not sitting when he was convicted, the court which sentences or deals with the offender shall before doing so make such inquiry into the facts and circumstances of the case as will enable the justices who were not sitting when the offender was convicted to be fully acquainted with those facts and circumstances.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appearance by counsel or solicitor

Appearance by counsel or solicitor

122

• (1) A party to any proceedings before a magistrates’ court may be represented by a legal representative.

• (2) Subject to subsection(3) below, an absent party so represented shall be deemed not to be absent.

• (3) Appearance of a party by a legal representative shall not satisfy any provision of any enactment or any condition of a recognizance expressly requiring his presence.

Process

Defect in process

123

• (1) No objection shall be allowed to any information or complaint, or to any summons or warrant to procure the presence of the defendant, for any defect in it in substance or in form, or for any variance between it and the evidence adduced on behalf of the prosecutor or complainant at the hearing of the information or complaint.

• (2) If it appears to a magistrates’ court that any variance between a summons or warrant and the evidence adduced on behalf of the prosecutor or complainant is such that the defendant has been misled by the variance, the court shall, on the application of the defendant, adjourn the hearing.

• (3) In the application of this section to proceedings conducted in accordance with section 16A—

• (a) a reference in subsection (1) or (2) to evidence adduced on behalf of the prosecutor at a hearing is to be read as a reference to evidence placed before the court on behalf of the prosecutor, and

• (b) subsection (2) is to be read as if for the words from “has been misled” to the end there were substituted “ is likely to have been misled by the variance, the court shall treat the written charge as not being appropriate for trial in accordance with section 16A ”.

Process valid notwithstanding death, etc., of justice

124

A warrant or summons issued by a justice of the peace shall not cease to have effect by reason of his death or his ceasing to be a justice.

Warrants

125

• (1) A warrant of arrest issued by a justice of the peace shall remain in force until it is executed or withdrawn or it ceases to have effect in accordance with rules of court.

• (2) A warrant of arrest, warrant of commitment, warrant of detention, warrant of control or search warrant issued by a justice of the peace may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area.

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ...

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of certain warrants outside England and Wales

126

Section 13(1) and (2) of the Indictable Offences Act 1848 (which relate, among other things, to the execution in Scotland, Northern Ireland, the Isle of Man and the Channel Islands of warrants of arrest for the offences referred to in those sections) shall, so far as applicable, apply to—

• (a) warrants of arrest issued under section 1 above for offences other than indictable offences ;

• (b) warrants of arrest issued under section 13 above;

• (c) warrants of arrest issued under section 97 above other than warrants issued in bastardy proceedings to arrest a witness;. . .

• (cc) warrants of arrest issued under section 97A above;

• (d) warrants of commitment issued under this Act ;and

• (e) warrants of arrest issued under paragraph 4 of Schedule 3 to the Crime and Disorder Act 1998; and

• (f) warrants of arrest issued under paragraph 3(2) of Schedule 4 to the Sentencing Code (offender referred to court by youth offender panel).

Limitation of time

Limitation of time

127

• (1) Except as otherwise expressly provided by any enactment and subject to subsection (2) below, a magistrates’ court shall not try an information or hear a complaint unless the information was laid, or the complaint made, within 6 months from the time when the offence was committed, or the matter of complaint arose.

• (2) Nothing in—

• (a) subsection (1) above; or

• (b) subject to subsection (4) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates’ court to try an information summarily or impose a limitation on the time for taking summary proceedings,

shall apply in relation to any indictable offence.

• (3) Without prejudice to the generality of paragraph (b) of subsection (2) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).

• (4) Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (2) (b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.

Remand

Remand in custody or on bail

128

• (1) Where a magistrates’ court has power to remand any person, then, subject to section 4 of the Bail Act 1976 and to any other enactment modifying that power, the court may—

• (a) remand him in custody, that is to say, commit him to custody to be brought before the court , subject to subsection (3A) below, at the end of the period of remand or at such earlier time as the court may require; or

• (b) where it is inquiring into or trying an offence alleged to have been committed by that person or has convicted him of an offence, remand him on bail in accordance with the Bail Act 1976, that is to say, by directing him to appear as provided in subsection (4) below; or

• (c) except in a case falling within paragraph (b) above, remand him on bail by taking from him a recognizance (with or without sureties) conditioned as provided in that subsection;

and may, in a case falling within paragraph (c) above, instead of taking recognizances in accordance with that paragraph, fix the amount of the recognizances with a view to their being taken subsequently in accordance with section 119 above.

• (1A) Where—

• (a) on adjourning a case under section 5, 10(1) , 17C , 18(4) or 24C above the court proposes to remand or further remand a person in custody; and

• (b) he is before the court; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) he is legally represented in that court,

it shall be the duty of the court—

• (i) to explain the effect of subsections (3A) and (3B) below to him in ordinary language; and

• (ii) to inform him in ordinary language that, notwithstanding the procedure for a remand without his being brought before a court, he would be brought before a court for the hearing and determination of at least every fourth application for his remand, and of every application for his remand heard at a time when it appeared to the court that he had no legal representativeacting for him in the case.

• (1B) For the purposes of subsection (1A) above a person is to be treated as legally represented in a court if, but only if, he has the assistance of a legal representative to represent him in the proceedings in that court.

• (1C) After explaining to an accused as provided by subsection (1A) above the court shall ask him whether he consents to hearing and determination of such applications in his absence.

• (2) Where the court fixes the amount of a recognizance under subsection (1) above or section 8(3) of the Bail Act 1976 with a view to its being taken subsequently the court shall in the meantime commit the person so remanded to custody in accordance with paragraph (a) of the said subsection (1).

• (3) Where a person is brought before the court after remand, the court may further remand him.

• (3A) Subject to subsection (3B) below, where a person has been remanded in custody and the remand was not a remand under section 128A below for a period exceeding 8 clear days,, the court may further remand him (otherwise than in the exercise of the power conferred by that section)on an adjournment under section 5, 10(1) , 17C, 18(4) or 24C above without his being brought before it if it is satisfied—

• (a) that he gave his consent, either in response to a question under subsection (1C) above or otherwise, to the hearing and determination in his absence of any application for his remand on an adjournment of the case under any of those provisions; and

• (b) that he has not by virtue of this subsection been remanded without being brought before the court on more than two such applications immediately preceding the application which the court is hearing; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) that he has not withdrawn his consent to their being so heard and determined.

• (3B) The court may not exercise the power conferred by subsection (3A) above if it appears to the court, on an application for a further remand being made to it, that the person to whom the application relates has no legal representative acting for him in the case (whether present in court or not).

• (3C) Where—

• (a) a person has been remanded in custody on an adjournment of a case under section 5, 10(1) , 17C , 18(4) or 24C above; and

• (b) an application is subsequently made for his further remand on such an adjournment; and

• (c) he is not brought before the court which hears and determines the application; and

• (d) that court is not satisfied as mentioned in subsection (3A) above,

the court shall adjourn the case and remand him in custody for the period for which it stands adjourned.

• (3D) An adjournment under subsection (3C) above shall be for the shortest period that appears to the court to make it possible for the accused to be brought before it.

• (3E) Where—

• (a) on an adjournment of a case under section 5, 10(1) , 17C , 18(4) or 24C above a person has been remanded in custody without being brought before the court; and

• (b) it subsequently appears—

• (i) to the court which remanded him in custody; or

• (ii) to an alternate magistrates’ court to which he is remanded under section 130 below,

that he ought not to have been remanded in custody in his absence, the court shall require him to be brought before it at the earliest time that appears to the court to be possible.

• (4) Where a person is remanded on bail under subsection (1) above the court may, where it remands him on bail in accordance with the Bail Act 1976 direct him to appear or, in any other case, direct that his recognizance be conditioned for his appearance—

• (a) before that court at the end of the period of remand; or

• (b) at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned;

and, where it remands him on bail conditionally on his providing a surety during an inquiry into an offence alleged to have been committed by him, may direct that the recognizance of the surety be conditioned to secure that the person so bailed appears—

• (c) at every time and place to which during the course of the proceedings the hearing may be from time to time adjourned and also before the Crown Court in the event of the person so bailed being committed for trial there.

• (5) Where a person is directed to appear or a recognizance is conditioned for a person’s appearance in accordance with paragraph (b) or (c) of subsection (4) above, the fixing at any time of the time for him next to appear shall be deemed to be a remand; but nothing in this subsection or subsection (4) above shall deprive the court of power at any subsequent hearing to remand him afresh.

• (6) Subject to the provisions of sections 128A and 129 below, a magistrates’ court shall not remand a person for a period exceeding 8 clear days, except that—

• (a) if the court remands him on bail, it may remand him for a longer period if he and the other party consent;

• (b) where the court adjourns a trial under section 10(3) above or section 11 of the Powers of Criminal Courts (Sentencing) Act 2000, the court may remand him for the period of the adjournment;

• (c) where a person is charged with an offence triable either way, then, if it falls to the court to try the case summarily but the court is not at the time so constituted, and sitting in such a place, as will enable it to proceed with the trial, the court may remand him until the next occasion on which it will be practicable for the court to be so constituted, and to sit in such a place, as aforesaid, notwithstanding that the remand is for a period exceeding 8 clear days.

• (7) A magistrates’ court having power to remand a person in custody may, if the remand is for a period not exceeding 3 clear days, commit him to detention at a police station.

• (8) Where a person is committed to detention at a police station under subsection (7) above—

• (a) he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;

• (b) if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases;

• (c) he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;

• (d) his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).

Further remand

129

• (1) If a magistrates’ court is satisfied that any person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time; and section 128(6) above shall not apply.

• (2) Notwithstanding anything in section 128(1) above, the power of a court under subsection (1) above to remand a person on bail for a further time—

• (a) where he was granted bail in criminal proceedings, includes power to enlarge the recognizance of any surety for him to a later time;

• (b) where he was granted bail otherwise than in criminal proceedings, may be exercised by enlarging his recognizance and those of any sureties for him to a later time.

• (3) Where a person remanded on bail is bound to appear before a magistrates’ court at any time and the court has no power to remand him under subsection (1) above, the court may in his absence—

• (a) where he was granted bail in criminal proceedings, appoint a later time as the time at which he is to appear and enlarge the recognizances of any sureties for him to that time;

• (b) where he was granted bail otherwise than in criminal proceedings, enlarge his recognizance and those of any sureties for him to a later time;

and the appointment of the time or the enlargement of his recognizance shall be deemed to be a further remand.

• (4) Where a magistrates’ court sends a person to the Crown Court for trial on bail and the recognizance of any surety for him has been conditioned in accordance with paragraph (a) of subsection (4) of section 128 above the court may, in the absence of the surety, enlarge his recognizance so that he is bound to secure that the person so sent for trial appears also before the Crown Court.

Transfer of remand hearings

130

• (1) A magistrates’ court adjourning a case under section 5, 10(1) , 17C , 18(4) or 24C above, and remanding the accused in custody, may, if he has attained the age of 17, order that he be brought up for any subsequent remands before an alternate magistrates’ court nearer to the prison where he is to be confined while on remand.

• (2) The order shall require the accused to be brought before the alternate court at the end of the period of remand or at such earlier time as the alternate court may require.

• (3) While the order is in force, the alternate court shall, to the exclusion of the court which made the order, have all of the following powers which that court would have had but for the order—

• (a) powers in relation to further remand (whether in custody or on bail), and

• (b) powers under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.