The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023
| Jurisdiction | UK Non-devolved |
2023 No. 149
Criminal Law
The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023
Made 7th February 2023
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 13(10) of the Judicial Review and Courts Act 20221.
Part 1 – Introductory
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023.
(2) These Regulations come into force when they are made.
(3) These Regulations extend to England and Wales.
Part 2 – General amendments
Amendments to primary and secondary legislation
2.—(1) In the provisions listed in column 1 of the table in Part 1 of the Schedule, for the words in the corresponding entry in column 2 of that table substitute “the general limit in a magistrates’ court”.
(2) In the provisions listed in column 1 of the table in Part 2 of the Schedule, for the words in the corresponding entry in column 2 of that table substitute “the general limit in a magistrates’ court”.
Part 3 – Specific amendments to primary legislation
Amendment of the Nuclear Installations Act 1965
3.—(1) The Nuclear Installations Act 19652is amended as follows.
(2) In section 1—
(a)
(a) After subsection (7) insert—
“
7A A person convicted of an offence under subsection (7) in England and Wales is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.
”
(b)
(b) in subsection (8) omit “England and Wales or”.
(c)
(c) in subsection (8)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
(d)
(d) in subsection (10), for “(8)(b)” substitute “(7A)(b)”.
(3) In section 4—
(a)
(a) After subsection (10) insert—
“
10A person convicted of an offence under subsection (7) in England and Wales is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.
”
(b)
(b) in subsection (11) omit “England and Wales or”.
(c)
(c) in subsection (11)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
(d)
(d) in subsection (13), for “(11)(b)” substitute “(10A)(b)”.
(4) In section 5—
(a)
(a) After subsection (9) insert—
“
9A A person convicted of an offence under subsection (8) in England and Wales is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both.
(b)
(b) in subsection (10) omit “England and Wales or”.
(c)
(c) in subsection (10)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
(d)
(d) in subsection (13), for “(10)(b)” substitute “(9A)(b)”.
(5) In section 22—
(a)
(a) After subsection (3) insert—
“
3A person convicted of an offence under subsection (3) in England and Wales is liable—
(a) on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine, or both;
(b) on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both.
(b)
(b) in subsection (4) omit “England and Wales”.
(c)
(c) in subsection (4)(b) omit “or a fine (in England and Wales)” and “(in Scotland)”.
(d)
(d) in subsection (6), for “(4)(b)” substitute “(3A)(b)”.
Amendment of the Hydrocarbon Oil Duties Act 1979
4.—(1) The Hydrocarbon Oil Duties Act 19793is amended as follows.
(2) In section 14D, omit subsection (6)(a).
(3) After subsection (6) insert—
“
7 In this section as it extends to England and Wales, subsection (5)(a)(ii) has effect as if the reference there to 12 months were to the general limit in a magistrates’ court (or, in relation to offences committed before 2 May 2022, to 6 months).
Amendment of the Representation of the People Act 1983
5.—(1) The Representation of the People Act 19834is amended as follows.
(2) In paragraph 13(1ZD)(a)(i) of Schedule 2 omit “England and Wales or”.
(3) In paragraph 13(1ZD)(a)(i) omit “;” and substitute “and”.
(4) After paragraph 13(1ZD)(a)(ii) insert—
“
(iii)
(iii) in England and Wales, the general limit in a magistrates’ court.
Amendment of the Insolvency Act 1986
6.—(1) The Insolvency Act 19865is amended as follows.
(2) In column 4 of the table in Schedule 10 for “On conviction in England and Wales: 12 months” substitute “On conviction in England and Wales: the general limit in a magistrates’ court” in relation to the following offences listed in column 1:
(a)
(a) section A8(4);
(b)
(b) section A17(6);
(c)
(c) section A24(4);
(d)
(d) section A25(3)(b);
(e)
(e) section A26(4)(b);
(f)
(f) section A27(1)(b);
(g)
(g) section A28(5)(b);
(h)
(h) section A29(6)(b);
(i)
(i) section A30(2)(b);
(j)
(j) section A31(10)(b);
(k)
(k) section A32(4)(b);
(l)
(l) section A46(1);
(m)
(m) section A46(4);
(n)
(n) section A47(1) and
(o)
(o) section A49(5).
Amendment of the Road Traffic Offenders Act 1988
7.—(1) The Road Traffic Offenders Act 19886is amended as follows.
(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988, in the entry relating to section 1A of the Road Traffic Act 1988, in the fourth column, in paragraph (a), at the end insert “; but in the application of this paragraph to England and Wales the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court”.
(3) In Part 1 of Schedule 2, in the entries relating to sections 2B, 2C and 3ZB of the Road Traffic Act 1988, in the fourth column, for “12 months (in England and Wales)” substitute “the general limit in a magistrates’ court (in England and Wales)”.
(4) In Part 1 of Schedule 2 in the entries relating to section 3ZD of the Road Traffic Act 1988, in the fourth column, for “England and Wales: 12 months” substitute “England and Wales: the general limit in a magistrates’ court”.
Amendment of the Political Parties, Elections and Referendums Act 2000
8.—(1) The Political Parties, Elections and Referendums Act 20007is amended as follows.
(2) In the table in Schedule 20 in relation to the following provisions: paragraph 17(4) of Schedule 7, paragraphs 6(2) and 6(3) of Schedule 19A and 13(3) of Schedule 19B for “12 months” substitute “the general limit in a magistrates’ court (in England and Wales) or 12 months (in Scotland)”.
(3) In the table in Schedule 20 in relation to paragraph 14 of Schedule 19C for “On summary conviction in England and Wales: fine or 12 months” substitute “On summary conviction in England and Wales: fine or the general limit in a magistrates’ court”.
Amendment of the Terrorism Act 2000
9.—(1) The Terrorism Act 20008is amended as follows.
(2) In section 58A after subsection (3) insert—
“
3A In subsection (3)(b)(i), in its application to England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court.
Amendment of the Anti-terrorism, Crime and Security Act 2001
10.—(1) The Anti-terrorism, Crime and Security Act 20019is amended as follows.
(2) In section 77(3)—
(a)
(a) omit “England and Wales” in the first place those words occur, and
(b)
(b) after “Scotland)” insert “or the general limit in a magistrates’ court (in England and Wales)”.
Amendment of the Energy Act 2004
11.—(1) The Energy Act 200410is amended as follows.
(2) In section 131C after subsection (5) insert—
“
5A In the application of this section in England and Wales the reference in subsection (4)(b) to twelve months is to be read as a reference to the general limit in a magistrates’ court (or in relation to an offence committed before 2 May 2022, to six months).
(3) In subsection (6) omit paragraph (a) (and the “or” at the end of paragraph (a)).
Amendment of the Companies (Audit, Investigations and Community Enterprise) Act 2004
12.—(1) The Companies (Audit, Investigations and Community Enterprise) Act 200411is amended as follows.
(2) In subsection (6) of section 15A for the words “in the” to the end substitute “the reference to twelve months is to be read as a reference to the general limit in a magistrates’ court (or to six months in the case of an offence committed before 2 May 2022).”.
(3) In subsection (6) of section 15C, for the words “in the” to the end substitute “the reference to twelve months is to be read as a reference to the general limit in a magistrates’ court (or to six months in the case of an offence committed before 2 May 2022).”.
(4) In paragraph 5(3) of Schedule 7 for “six” substitute “six months”.
Amendment of the Digital Switchover (Disclosure of Information) Act 2007
13.—(1) The Digital Switchover (Disclosure of Information) Act 200712is amended as follows.
(2) After subsection (7) insert—
“
7A In the application of this section in England and Wales, the reference in subsection (7)(b) to 12 months is to be read as a reference to the...
To continue reading
Request your trial