April 2016 - Motoring law update

Preliminary Impairment Test - Form MG DD/F Version 6.0

New form - March 2016.

 

Victim Surcharge - increased surcharge - 8th April 2016

The Criminal Justice Act 2003 (Surcharge)(Amendment) Order 2016 provides that from 8th April 2016, the surcharge applicable to fines will be £30 - £170. The increased surcharge does not apply where a court deals with a person for a single offence committed before 8th April 2016, nor where there is more than one offence and at least one of those offences was committed before 8th April 2016. Sentencing Council information here.

 

The Traffic Signs Regulations and General Directions 2016

In force 22nd April 2016.

The Traffic Signs Regulations and General Directions 2016 (TSRGD 16) sets out what traffic signs in Great Britain must look like, what they mean and how they may be placed and illuminated. TSRGD 16 brings together, with changes, provisions previously set out in a number of instruments. In doing so, they provide a traffic sign regime that is less prescriptive than its predecessor.

 

The Criminal Justice Act 2003 (New Method of Instituting Proceedings) (Specification of Relevant Prosecutors) Order 2016

In force 14th April 2016. Regulation here.

Section 29 of the Criminal Justice Act 2003 (“the 2003 Act”) gives certain prosecutors the power to bring criminal proceedings by written charge. This includes any persons specified by order by the Secretary of State. The Order specifies the Environment Agency, the Natural Resources Body for Wales, local authorities, train and certain tramway operators and TV Licensing/the BBC as relevant prosecutors for the purposes of section 29. This allows them to make use of the new procedure for trial by single justice on the papers for low level offending.

N.b. Section 29(4) of the Criminal Justice Act 2003 is still not in force.

 

Criminal Procedure (Amendment) Rules 2016

In force 4th April 2016. Guide here. Rules here and here.

In rule 2.2 the definition of ‘live link’ is amended.    

Rule 3.24 is amended to set the time limits within which a trial in the Crown Court must begin, in exercise of the power conferred on the Criminal Procedure Rules by section 77 of the Senior Courts Act 1981.

Rules 4.3 and 4.4 are amended to provide for service on the court officer of an application to a High Court judge for permission to serve a draft indictment.

Rule 10.3 is added to supply the procedure on an application to a High Court judge for permission to serve a draft indictment, in exercise of the power conferred on the Criminal Procedure Rules by section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933, as amended by section 82 of the Deregulation Act 2015.

Rules 17.3 and 17.5 are amended to clarify the procedure on an application to the court for an order under section 7 of the Bankers’ Books Evidence Act 1879.

Rule 21.4 is amended to require a defendant (i) to give notice of the introduction of evidence of his or her own bad character, and (ii) in the Crown Court, at the same time to give notice of any requested direction to the jury about the significance of that evidence.

Rule 24.3 is amended to provide for the identification of issues by the defendant at the beginning of trial in a magistrates’ court.

Rule 25.9 is amended to provide for the identification of issues by the defendant at the beginning of trial in the Crown Court. Rule 25.12 is amended to clarify the circumstances in which written witness statements must be read aloud in the Crown Court.

Rule 34.7 is amended to include explicit provision for applications for rulings during preparation for an appeal hearing in the Crown Court. Rule 34.11 is amended to include explicit provision for the conduct of case management by a judge without justices of the peace before such an appeal hearing begins, in exercise of the power conferred on the Criminal Procedure Rules by section 74 of the Senior Courts Act 1981.

Rule 45.3 is amended, and a note to the rule added, to draw attention to the application of time limits to the court’s powers to make some costs orders. Rules 45.8, 45.9 and 45.10 are amended to supply the procedure where the court requires assistance in assessing costs under one of those rules.

The rules in the current Part are substituted and rearranged, with some rules added, and some amended, to include new rules about production orders, search warrants and applications for the return of seized property, made in exercise of various powers recently conferred on the Criminal Procedure Rules. The new powers are contained in Schedule 1 to the Police and Criminal Evidence Act 1984, Schedule 5 to the Terrorism Act 2000, section 352 of the Proceeds of Crime Act 2002 and section 59 of the Criminal Justice and Police Act 2001, all of which are amended by section 82 of the Deregulation Act 2015; and in sections 157 and 160 of the Extradition Act 2003, amended by the Anti-social Behaviour, Crime and Policing Act 2014. The current rules about (i) orders for the retention of fingerprints (Section 5 of the new Part 47 rules), (ii) investigation anonymity orders (Section 6 of the new Part) and (iii) investigation approval orders (Section 7) are rearranged and renumbered but otherwise unchanged.

Rule 50.21 is amended to redefine the time limit for a respondent’s notice in reply to an extradition appeal to the High Court.

 

Claim back costs from cases in the criminal courts

NTT legal costs guides updated here.