Rule 11 Amendments to the Criminal Procedure Rules

in paragraph (1)(a) for “vary or rescind a sentence or order” substitute “vary, rescind or set aside a sentence, penalty or order”;

for paragraph (3)(a)(i) substitute—

“(i)

the sentence, penalty or order that that party wants the court to vary, rescind or set aside, or”;

for paragraph (3)(c)(i) substitute—

“(i)

explain why the sentence, penalty or order should be varied, rescinded or set aside,”; and

after the first paragraph of the note to the rule insert—

“Under section 16M of the 1980 Act^f1 a magistrates’ court can set aside a penalty imposed under section 16I of the Act on a defendant who accepts the automatic online conviction option under section 16H if the amount of the penalty appears to the court to be unjust. If the court sets aside such a penalty it may impose any sentence that it could have imposed for the offence if the defendant had pleaded guilty at the first opportunity.”.