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Magistrates’ Courts (Procedure) Act 1998 in Scotland

1998 c. 15 · Enacted 21 May 1998 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 4 May 1999.

An Act to amend sections 12 and 13 of the Magistrates’ Courts Act 1980; to make further provision, in relation to certain criminal proceedings in magistrates’ courts, about the proof of previous convictions and orders; and for connected purposes.

[21st May 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. 2Evidence of previous convictions in motoring cases.
  2. 4Up-dating of references to s. 12 of Magistrates’ Courts Act 1980.
  3. 5Short title, commencement and extent.

2Evidence of previous convictions in motoring cases. E+W+S

(1)

After subsection (3) of section 13 of the M1Road Traffic Offenders Act 1988 (admissibility of records as evidence), there is inserted—

“(3A)

In any case where—

(a)

a person is convicted by a magistrates’ court of a summary offence under the Traffic Acts or the Road Traffic (Driver Licensing and Information Systems) Act 1989,

(b)

a statement to which this section applies is produced to the court in the proceedings,

(c)

the statement specifies an alleged previous conviction of the accused of an offence involving obligatory endorsement or an order made on the conviction, and

(d)

the accused is not present in person before the court when the statement is so produced,

the court may take account of the previous conviction or order as if the accused had appeared and admitted it.

(3B)

Section 104 of the Magistrates’ Courts Act 1980 (under which previous convictions may be adduced in the absence of the accused after giving him seven days’ notice of them) does not limit the effect of subsection (3A) above.”

(2)

In subsection (4) of that section, at the end of paragraph (a) there is inserted “other than a summary offence under any of the enactments mentioned in subsection (3A)(a) above”.

4Up-dating of references to s. 12 of Magistrates’ Courts Act 1980.E1

(1)

In each of the following provisions (which refer to notification in pursuance of section 12(2) of the M1Magistrates’ Courts Act 1980), namely—

(a)

sections 8 and 25(2)(a) of the M2Road Traffic Offenders Act 1988, and

(b)

section 55(5) of the M3Vehicle Excise and Registration Act 1994,

for “12(2)” there is substituted “ 12(4) ”.

(2)

In each of the following provisions (which refer to the conviction of a person in his absence under section 12(2) of the Magistrates’ Courts Act 1980), namely—

(a)

section 121(1) of the M4Social Security Administration Act 1992,

(b)

section 68(1) of the M5Pension Schemes Act 1993, and

(c)

section 55(1) of the M6Vehicle Excise and Registration Act 1994,

for “12(2)” there is substituted “ 12(5) ”.

5Short title, commencement and extent. E+W+S

(1)

This Act may be cited as the Magistrates’ Courts (Procedure) Act 1998.

(2)

This Act, except this section, shall not come into force until such day as the Lord Chancellor may by order made by statutory instrument appoint.

(3)

An order under subsection (2)—

(a)

may appoint different days for different purposes, and

(b)

may include such supplemental or transitional provisions or savings as appear to the Lord Chancellor to be necessary or expedient.

(4)

Except as provided by subsection (6), this Act does not extend to Northern Ireland.

(5)

Sections 1 and 3 extend to England and Wales only.

(6)

The provisions of section 4 have the same extent as the enactments amended.