HL Deb 21 July 1977 vol 386 cc531-5

England and Wales

1.— For sections 72A and 72B of the Magistrates' Courts Act 1952 there shall be substituted:— Transfer of fines to Scotland or Northern Ireland 72A.—(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 that he is residing

  1. (a) within the jurisdiction of a court of summary jurisdiction in Scotland, or
  2. (b) in any petty sessions district in Northern Ireland,
the court 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—
  1. (a) that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and
  2. (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 the court which made the order or by the clerk of that court shall cease to be so exercisable.

"Transfer of fines from Scotland to Northern Ireland 72B.—(1) Where a transfer of fine order under section 403 of the Criminal Procedure (Scotland) Act 1975 or section 104A of the Magistrates' Courts Act (Northern Ireland) 1964 provides that payment of a sum shall be enforceable in a specified petty sessions area in England and Wales, a magistrates' court acting for that area, and the clerk of that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act in respect of the sum (including power to make an order under section 72 or section 72A of this Act) 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, 1964 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 determining 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 3 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(1) 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 section 104A of the Magistrates' Courts Act (Northern Ireland) 1964 provides for the enforcement in a petty sessions area in England and Wales of a fine originally imposed by the Crown Court, a magistrates' court acting for that area shall have all the like functions under this Part of this Act, 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 32(1) of the Powers of Criminal Courts Act 1973, and as if any order made under the said Act of 1975 or, as the case may be, 1964 in respect of the fine before the making of the transfer of fine order had been made by that court.

Scotland

2.—(1) Section 403 of the Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

(2) In subsection (1)—

  1. (a) at the end of paragraph (b) there shall be inserted the words ", or (c) in any petty sessions district in Northern Ireland,";
  2. (b) the words "if no term of imprisonment has been fixed by the court in default of payment of the fine" shall be omitted; and
  3. (c) after "petty sessions area" there shall be inserted the words "or petty sessions district".
had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable. Transfer of fines from elsewhere in United Kingdom 104B.—(1) Where a transfer of fine order under section 72A of the Magistrates' Courts Act 1952 or section 403 of the Criminal Procedure (Scotland) Act 1975 provides that payment of a sum shall be enforceable in a petty sessions district in Northern Ireland, a court of summary jurisdiction acting for that district and the clerk of that court shall, subject to subsection (2), have all the like functions under any statutory provision in respect of the sum (including power to make an order under section 104A) 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 1952 or, as the case may be, 1975 in respect of the sum before the making of the transfer of fine order had been made by that court. (2) Where a transfer of tine order under section 72A of the Magistrates' Court Act 1952 or section 403 of the Criminal Procedure (Scotland) Act 1975 provides for the enforcement of a fine originally imposed by the Crown Court, the term of imprisonment which may be imposed under this Act shall be—
  1. (a) the term fixed in pursuance of section 31 of the Powers of Criminal Courts Act 1973 by the Crown Court, or
  2. (b) a term which bears the same proportion to the term so fixed as the amount of the fine remaining due bears to the amount imposed by that court,
notwithstanding that the term exceeds the period applicable to the case under Schedule 4."'.

121 Insert the following new Schedule:

"SCHEDULE

TRANSFER OF REMAND HEARINGS

1. A court which, on adjourning a case, makes an order under section (Transfer of remand hearings) (1) above is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.

(3) In subsection (2) after the words "petty sessions area" there shall be inserted the words "or petty sessions district".

(4) In subsection (4)—

  1. (a) for the words from "within" to "Magistrates' Courts Act 1952" there shall be substituted the words "under this section, section 72A of the Magistrates' Courts Act 1952 or section 104A of the Magistrates' Courts Act (Northern Ireland) 1964"; and
  2. (b) for the words "or the said Act of 1952" there shall be substituted the words ", the said Act of 1952 or the said Act of 1964".

(5) Subsection (5) shall cease to have effect.

(6) In subsection (6) after the words "section 72A of the Magistrates' Courts Act 1952" there shall be inserted the words "section 104A of the Magistrates' Courts Act (Northern Ireland) 1964".

Northern Ireland

3. After section 104 of the Magistrates' Courts Act (Northern Ireland) 1964 there shall be inserted:—

  1. 104A.—(1) Where a magistrates' court has, or is treated by any statutory provision as having, adjudged a person by a conviction to pay a sum and it appears to the court that he is residing—
    1. (a) in any petty sessions area in England and Wales, or
    2. (b) within the jurisdiction of a court of summary jurisdiction in Scotland,
    the court may order that payment of the sum shall be enforceable in that petty sessions area or, as the case may be, by that court of summary jurisdiction.
  2. (2) An order under this section shall specify the petty sessions area in which or the court by which payment of the sum in question is to be enforceable; and if—
    1. (a) that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and
    2. (b) payment is to be enforceable in Scotland,
    the court to be so specified shall be the sheriff court.
  3. (3) Where an order is made under this section with respect to any sum, any functions under any statutory provision relating to that sum which, if no such order

2. Where an order under subsection (1) of section (Transfer of remand hearings) above is made in the course of proceedings which, for the purposes of section 3 of the Criminal Justice Act 1967 (reporting restrictions and their removal), are committal proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.

3. A court making an order under subsection (1) of section (Transfer of remand hearings) above or remanding the accused under subsection (4) shall at once notify the court before which the accused is to be brought as to the terms of the order or remand.

4. A person to whom an order under section (Transfer of remand hearings) (1) above applies shall, if released on bail, be bailed to appear before the court which made the order.

5. Section (Transfer of remand hearings) above and this Schedule have effect notwithstanding anything in sections 6 and 14 of the Magistrates' Courts Act 1952 or section 19(4) above."

122 Insert the following new Schedule:

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