Part 2: Courts, tribunals and coroners Chapter 1: Criminal procedure Section 3: Automatic online conviction and penalty for certain summary offences
Section 3 inserts new sections 16G to 16M into the Magistrates’ Courts Act 1980 ("the MCA 1980") to provide for the new automatic online conviction and standard statutory penalty process.
	New section 16G defines the references in these sections to a person being offered the automatic online conviction option and a person (or their legal representative) accepting this option (see new section 16G(1) and (2)). It also provides that an offer or acceptance of the automatic online conviction option by electronic notification means a written notification by electronic means, in accordance with the Criminal Procedure Rules (CrimPRs) (new section 16G(4)).
	New section 16H provides that in order for a person accused of an offence to receive a criminal conviction under this new online option, the "qualifying conditions" must be met and the accused person must be offered and accept the automatic online conviction option in respect of the offence (new section 16H(1) and (2)).
	The qualifying conditions are set out in new section 16H(3) to (6). Where the automatic online conviction option is offered, the offence must be a summary-only non-imprisonable offence (new section 16H(4)) which is specified in regulations made by the Lord Chancellor (new section 16H(3)(a)). These regulations are to be made by a statutory instrument laid under the affirmative procedure (new section 16H(5)).
	The other qualifying conditions as to when this automatic online conviction option may be offered, include that the accused person must also be 18 years of age when charged (or a body corporate) (new section 16H(3)(b)), and the "required documents" (as defined in new section 16H(6)) served on the accused in accordance with the CrimPRs (new section 16H(3)(c) and (d)). An explanation of how to access the offer of an automatic online conviction will be provided by the prosecutor alongside the written charge.
	New section 16I provides for the penalty and other related costs to be imposed on offenders convicted via the new automatic online conviction procedure. In all cases, a penalty will be imposed on offenders convicted via this new procedure, which will consist of a fine and surcharge of an amount specified for the offence (new sections 16I(2) and (8)), and prosecution costs which will be determined by the relevant prosecutor (new sections 16I(6) and (7)).
	In certain cases, the penalty may also consist of a specified number of penalty points to be endorsed on the offender’s driving record (new section 16I(3)) or an amount of compensation if specified for the offence which will be determined by the relevant prosecutor but may not exceed the maximum amount specified for the offence (new section 16I(4) and (5)).
	Defendants (which throughout these Explanatory Notes with regards to criminal procedure, includes all "accused persons") will be given full details of the prospective fixed fine, surcharge and other costs (for example, compensation, and/or penalty points if relevant) before agreeing to accept the automatic conviction and penalty.
	New section 16J gives the Lord Chancellor the power, by regulations, to specify different amounts of fines, compensation and surcharge for different offences and for different circumstances in which a particular offence is committed (new section 16J(1), (3) and (4)). With regard to penalty points, regulations may only specify this in association with an offence if it is an offence that would or could ordinarily result in the endorsement of the offender’s driving record with penalty points if convicted (new section 16J(2)). These regulations are to be made by a statutory instrument laid under the affirmative procedure (new section 16J(6)).
	The way in which the fixed fine is set using the above powers will be based on current fining practice. Relevant factors in setting the fine level for each offence may be the overall average of fines imposed for the offence, any sentencing guidelines published by the Sentencing Council, current sentencing practice, and income data.
	New section 16K(1) provides that the time when a conviction under section 16H takes effect is to be determined in accordance with the CrimPRs.
	New sections 16K(2) to (7) state that a conviction under section 16H and a penalty imposed under section 16I (including all elements of said penalty: fine, prosecution costs, surcharge and, if applicable, compensation and/or endorsement of a person’s driving record) are to be treated as if they had been imposed by the specified magistrates’ court (as defined in new section 16K(8)).
	New section 16L deals with notice of conviction and penalty. Section 16L(1) provides that a person convicted under section 16H must be given a notice of conviction and penalty by electronic means.
	New section 16L(2) set out that this electronic notice of conviction and penalty will set out each separate penalty imposed on the offender under section 16I, and specify a magistrates’ court for the purposes of sections 16K(2) to (7). The notice will also require the offender to pay the overall penalty in the manner specified in the notice and within the 28-day period beginning with the day on which the person’s conviction took effect (new section 16L(3)).
	New section 16M provides the magistrates’ court with a power to set aside a conviction under 16H or replace a penalty imposed on a person under section 16I. New section 16M(1) provides that a magistrates’ court may set aside a conviction if it appears to the court that the conviction is unjust, and that this can be considered on the papers by a single justice (new section 16M(3)). However if a magistrates’ court composed of a single justice is minded to refuse to set aside the conviction, new section 16M(4) specifies that the decision must then be referred to a full magistrates’ court which must consider the matter at a hearing where the parties may make representations.
	New section 16M(5) provides that a magistrates’ court may set aside a penalty imposed under new section 16I if it appears that the amount is unjust and if it does so then it may then impose any sentence that it could have imposed for that offence if the person had pleaded guilty before it at the earliest opportunity. That sentence will then be a normal sentence imposed by the magistrates’ court, rather than one imposed under section 16I.
	A magistrates’ court may exercise this power to set aside a conviction or replace a penalty whether as a result of an application by the person convicted, the relevant prosecutor or of its own motion (see section 16M(7)).