Part I Criminal Jurisdiction and Procedure
F1Automatic online conviction and penalty for certain summary offences
16HConviction
1
Subsection (2) applies to a person accused of an offence if—
a
the qualifying conditions are met, and
b
the person is offered, and accepts, the automatic online conviction option in respect of the offence.
2
The accused is convicted of the offence by virtue of accepting the automatic online conviction option.
3
For the purposes of this section the qualifying conditions are met if—
a
regulations made by the Lord Chancellor specify the offence as one for which the automatic online conviction option may be offered;
b
the accused had attained the age of 18 years when charged, or is not an individual;
c
the required documents have been served on the accused; and
d
service of all of the required documents was effected in accordance with Criminal Procedure Rules.
4
An offence may not be specified in regulations under subsection (3)(a) unless it is a summary offence that is not punishable with imprisonment.
5
Regulations under subsection (3)(a) are to be made by statutory instrument; and a statutory instrument containing such regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6
In this section, “required documents” means—
a
a written charge,
b
a single justice procedure notice that complies with subsection (2D) of section 29 of the Criminal Justice Act 2003, and
c
such other documents as may be prescribed by Criminal Procedure Rules as described in subsection (3B) of that section.
Ss. 16G-16M and cross-heading inserted (7.11.2023) by Judicial Review and Courts Act 2022 (c. 35), ss. 3, 51(4); S.I. 2023/1194, reg. 2(a)