HL Deb 23 March 1998 vol 587 cc225-6WA
Viscount Simon

asked Her Majesty's Government:

What guidance they have given to magistrates concerning motorists who decline to accept a fixed penalty notice and who have chosen to appeal to a magistrates' court following a roadside emission test. [HL988]

The Lord Chancellor (Lord Irvine of Lairg)

The Government has not issued any guidance to magistrates on this matter. Where a person has requested a hearing in the magistrates' court and is convicted the sentence is for the magistrates to decide within the limits laid down by Parliament. In passing sentence, they will take account of the circumstances of the offender as well as the offence. They may also have regard to the Sentencing Guidelines issued by the Magistrates' Association. These cover vehicle emissions.

Viscount Simon

asked Her Majesty's Government:

What grounds, if any, there are for an appeal against successful prosecution for failing a roadside emission test and what mitigating circumstances, if any, may be taken into account by the courts. [HL989]

The Lord Chancellor

There are no grounds of appeal laid down in legislation which are specific to a conviction which results from failing a roadside

Session
96–971 95–96 94–95 93–94 92–932
Negative instruments
Number of negative instruments considered by the Joint Committee on Statutory Instruments3 696 1,189 1,210 1,019 1,785
Number of prayers to annul or motions to revoke negative instruments in the House of Commons4 2 7 6 1 10
Number of prayers to annul or motions to revoke negative instruments in the House of Lords 53 1 66 0 4
Affirmative instruments
Number of affirmative instruments approved by the House of Commons 139 173 173 155 237
Number of affirmative instruments approved by the House of Lords7 98 141 128 118 182
Notes:
1 Short session terminated by general election.
2 Long session following general election.
3 Includes negative instruments, draft negative instruments and negative instruments (Northern Ireland).
4 These figures relate only to those instruments which were debated on the floor of the House and do not include Early Day Motions.
5 Includes a Motion to disapprove a Statement of Immigration Rules (not a negative instrument, but subject to annulment).
6 This figure is different to the one given in the answer to the noble Lord on 4 December 1996 (WA 54)because it includes two Motions which called on Her Majesty's Government to revoke a negative instrument and to re-lay it in amended form.
7 Includes Motions to approve moved formally after a debate on another Motion.

emission test. However, Section 108 of the Magistrates' Courts Act 1980 provides that a person convicted by a magistrates' court may appeal to the Crown Court against his sentence if he pleaded guilty, and against the conviction or sentence if he pleaded not guilty. The courts, at first instance and on appeal, will consider any argument advanced by the defendant or his representative to reduce the sentence and will take into account any matters in their opinion relevant in mitigation.