New Clause 5 - Application to magistrates' court
Criminal Justice and Police Bill
9:30 pm
Mr Charles Clarke (Minister of State, Home Office; Norwich South, Labour)
If an error comes to light before a fine is registered, the chief officer of police has the power to take no further action. I can reassure hon. Members that the Bill caters for the situations that they have in mind. A person named as the recipient of a penalty notice may have a number of reasons for not asking for a trial. First, he may have paid the penalty. Second, he may believe that he has an explanation for his behaviour not evident to the constable issuing the notice, which may provide an excuse. Thirdly, if he has failed to respond to the notice, a fine will probably be registered against him.
Arrangements are provided in the Bill for such circumstances. For example, a person may acknowledge receipt of the notice but still want to be tried. Under clause 12, the court will have the residual power in the interests of justice to set aside any fine arising from a penalty notice. If the defaulter claims that he was not the recipient of the notice and that his name appeared in error, the court may adjourn the case for an investigation to be made.
The Bill contains substantial safeguards; they are well established, and we debated them under clause 12. I hope that the right hon. and learned Gentleman will withdraw the new clause.