Citation, commencement and interpretation_I1

1.—(1) These Regulations may be cited as the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 and come into force on 13th April 2015.

(2) In these Regulations—

“the CAA 1968” means the Criminal Appeal Act 1968 ( 2 );

“the MHA 1983” means the Mental Health Act 1983 ( 3 );

^F1...

“the CAA 1995” means the Criminal Appeal Act 1995 ( 4 ).

Cases in which the duty to order payment of the criminal courts charge does not apply_I2

2. —(1) An order under [^F2 section 46(1) of the Sentencing Code ^F2] (criminal courts charge) must not be made against a person (“P”) convicted of an offence in the following cases—

(a)where a court deals with P for the offence by making an order discharging P absolutely under [^F3section 79 of the Sentencing Code^F3] (absolute discharge)(5);

(b)where a court deals with P for the offence by making in respect of P an order under section 37(1) of the MHA 1983 (power of courts to order hospital admission or guardianship) or a direction under section 45A(3) of the MHA 1983 (power of higher courts to order hospital admission)(6);

(c)where the Crown Court dismisses an appeal against conviction or sentence for the offence following a reference by the Criminal Cases Review Commission under section 11(1) of the CAA 1995 (cases dealt with summarily in England and Wales);

(d)where the Court of Appeal dismisses an appeal for the offence under Part 1 of the CAA 1968 following a reference by the Criminal Cases Review Commission under section 9(1) of the CAA 1995 (cases dealt with on indictment in England and Wales).

(2) Paragraph (3) applies where a court deals with a person in the same proceedings—

(a)for an offence; and

[^F4 (b)for a relevant failure.^F4]

[^F5 (2A) In this regulation “ relevant failure ” means a failure to comply with—

(a)a requirement of a community order (within the meaning given by section 200 of the Sentencing Code),

(b)a community requirement of a suspended sentence order (within the meaning given by section 286 of the Sentencing Code), or

(c)a supervision requirement imposed under section 256AA of the Criminal Justice Act 2003.^F5]

(3) An order under [^F6section 46(1) of the Sentencing Code^F6] must not be made in respect of [^F7the relevant failure^F7] .

(4) Paragraph (5) applies where a court deals with a person in the same proceedings [^F8two or more different kinds of relevant failure^F8] .

(5) An order under section 21A(1) of the POA 1985 must not be made—

(a)where the court deals with the person for a failure to comply with requirements mentioned in [^F9paragraph (2A)(a), (b) and (c)^F9] , in respect of the failure to comply with requirements mentioned in [^F10paragraph (2A)(b) or (c)^F10] ;

(b)where the court deals with the person for a failure to comply with requirements mentioned in [^F11paragraph (2A)(a) and (b)^F11] , in respect of the failure to comply with requirements mentioned in [^F12paragraph (2A)(b)^F12] ;

(c)where the court deals with the person for a failure to comply with requirements mentioned in [^F13paragraph (2A)(a) and (c)^F13] , in respect of the failure to comply with requirements mentioned in [^F14paragraph (2A)(c)^F14] ;

(d)where the court deals with the person for a failure to comply with requirements mentioned in [^F15paragraph (2A)(b) and (c)^F15] , in respect of the failure to comply with requirements mentioned in [^F16paragraph (2A)(c)^F16] ;

^F17(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of the criminal courts charge

^F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remittal of the criminal courts charge_I3

4. The period specified for the purposes of [^F19section 50(4) of the Sentencing Code^F19] (power to remit criminal courts charge) is—

(a)where the person liable to pay the charge has made the application to a magistrates’ court to remit the charge, two years;

(b)in any other case, 12 months.

Regulation 3

^F20SCHEDULE

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