Schedules Schedule 2: Criminal Procedure: consequential and related amendments Amendments in connection with Section 3: Automatic online conviction
The Magistrates’ Court Act 1980 ("the MCA 1980") is amended as set out in -paragraph 1(2) to (6). This includes amendments to section 16A(1) to provide that a magistrates’ court cannot try a case under the Single Justice Procedure (SJP) if the accused has accepted the automatic online conviction option; amendments to section 89 (transfer of fines within England and Wales) and section 90 (transfer of fines to Scotland and Northern Ireland) ensure they apply to a penalty imposed by a virtue of a conviction under 16H of the Act; and amendments to section 150 to clarify the definition of "fine" includes those imposed under the new automatic conviction provisions (paragraph 1(6)).
	Section 108 of the MCA 1980 is also amended so that any person convicted under section 16H of that Act may not appeal to the Crown Court against the conviction or sentence, unless they have been re-sentenced by a magistrates’ court under new section 16M(5)(b).
	Section 8 of the Road Traffic Offenders Act 1988 (duty to include date of birth and sex in written plea of guilty) which extends and applies to England, Wales and Scotland is amended by paragraph 2 to ensure that this applies appropriately to the new online conviction procedure, which will require the provision of a date of birth by the accused in relation to certain road traffic offences.
	Schedule 5 to the Courts Act 2003, which deals with arrangements for the collection of fines and other sums imposed on conviction, is amended as set out in paragraph 3(2) to (10) to apply its provisions as appropriate to those individuals who have been given a notice of conviction and penalty (within the meaning of section 16L of the MCA 1980). The intention is that the enforcement powers available in respect of court-imposed fines will also be available in respect of penalties issued under the automatic online conviction procedure.
	Schedule 6 to the Courts Act 2003, which deals with discharge of fine by unpaid work, is amended in paragraph 3(11) to ensure this provision also applies to those individuals who have been given a notice of conviction and penalty (within the meaning of section 16L of the MCA 1980).
	The Criminal Justice Act 2003 is amended by paragraph 4(2) to (4) to ensure the provisions apply appropriately to the new automatic online conviction procedure. Section 29 which provides for criminal proceedings to be commenced by way of written charge accompanied either by a requisition or by a SJP notice, is amended by paragraph 4(2) to clarify that a SJP notice may be issued only if the offence is summary-only and non-imprisonable, and where the accused has attained the age of 18 (or is a body corporate).
	Section 29 of the Criminal Justice Act 2003 is further amended to require that the SJP notice must also explain, if the specific offence is specified in regulations under section 16H(3)(a) of the MCA 1980 and the relevant prosecutor deems it appropriate for the automatic online conviction option to be offered (see new subsection (2C)), the steps the accused can take if they wish to be offered the automatic online conviction option, and that if they are offered and accept that option, the requirements under the SJP will no longer apply (see new subsection (2D)). New subsection (2E) also provides that the Lord Chancellor can make provisions about the factors that should be taken into account by the relevant prosecutor when considering whether a specified offence is appropriate for the automatic online conviction option.