UKPGA-1998-15 — Magistrates’ Courts (Procedure) Act 1998

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Statement to be served to enable accused to plead guilty without appearing.

s. 1(1)

In subsection (3) of section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused: plea of guilty), for paragraph (b) there is substituted—.

s. 1(2)

In subsection (7) of that section, for paragraph (a) there is substituted—.

s. 1(3)

After subsection (7) of that section there is inserted—

s. 2 — Evidence of previous convictions in motoring cases.

s. 2(1)

After subsection (3) of section 13 of the Road Traffic Offenders Act 1988 (admissibility of records as evidence), there is inserted—

s. 2(2)

In subsection (4) of that section, at the end of paragraph (a) there is inserted “other than a summary offence under any of the enactments mentioned in subsection (3A)(a) above”.

s. 3 — Power to issue warrant for arrest of accused after conviction where disqualification proposed.

s. 3(1)

In subsection (1) of section 13 of the Magistrates’ Courts Act 1980 (non-appearance of accused: issue of warrant) the words “if the information has been substantiated on oath” are hereby repealed.

s. 3(2)

For subsection (3) of that section there is substituted—

s. 4 — Up-dating of references to s. 12 of Magistrates’ Courts Act 1980.

s. 4(1)

In each of the following provisions (which refer to notification in pursuance of section 12(2) of the Magistrates’ Courts Act 1980), namely—for “12(2)” there is substituted “ 12(4) ”.

s. 4(1)(a)

sections 8 and 25(2)(a) of the Road Traffic Offenders Act 1988, and

s. 4(1)(b)

section 55(5) of the Vehicle Excise and Registration Act 1994,

s. 4(2)

In each of the following provisions (which refer to the conviction of a person in his absence under section 12(2) of the Magistrates’ Courts Act 1980), namely—for “12(2)” there is substituted “ 12(5) ”.

s. 4(2)(a)

section 121(1) of the Social Security Administration Act 1992,

s. 4(2)(b)

section 68(1) of the Pension Schemes Act 1993, and

s. 4(2)(c)

section 55(1) of the Vehicle Excise and Registration Act 1994,

s. 5 — Short title, commencement and extent.

s. 5(1)

This Act may be cited as the Magistrates’ Courts (Procedure) Act 1998.

s. 5(2)

This Act, except this section, shall not come into force until such day as the Lord Chancellor may by order made by statutory instrument appoint.

s. 5(3)

An order under subsection (2)—

s. 5(3)(a)

may appoint different days for different purposes, and

s. 5(3)(b)

may include such supplemental or transitional provisions or savings as appear to the Lord Chancellor to be necessary or expedient.

s. 5(4)

Except as provided by subsection (6), this Act does not extend to Northern Ireland.

s. 5(5)

Sections 1 and 3 extend to England and Wales only.

s. 5(6)

The provisions of section 4 have the same extent as the enactments amended.