Clause 57
Criminal Justice and Immigration Bill
2:45 pm
Edward O'Hara (Knowsley South, Labour)
With this it will be convenient to discuss the following: New clause 23—Protection of vulnerable persons following conviction
‘(1) The Magistrates’ Courts Act 1980 (c. 43) is amended as follows.
(2) After section 11 insert—
“11A Protection of vulnerable persons following conviction
(1) Where a court has proceeded in the absence of an accused under section 11 and following conviction the court or its officers are informed or discover that the convicted person falls into a vulnerable category as laid down by page 9 of the National Standards for Enforcement Agents, no further steps under a fines collection order or enforcement measure shall be taken until the court has held an inquiry into the means and circumstances of the convicted person in his/her presence.
(2) When conducting an inquiry into means and circumstances of the convicted persons under subsection (1) the court shall also consider whether any other occupant of the property in which the convicted person resides falls into a vulnerable category.
(3) Where on having conducted the inquiries required by subsection (1) in the presence of the convicted person who is subject to the fine, and having considered the situation of any other occupant required by subsection (2), the court may vary the level of fine imposed on the convicted person or substitute it with another penalty it considers appropriate.
(4) Where, on having conducted the inquiries required by subsection (1) in the presence of the convicted person and having considered the situation of any other occupant as required by subsection (2), the court may place such restrictions on enforcement as it sees fit and amend any fines collection order as it sees fit, including withdrawing or cancelling the order.
(5) Where the court or its officers are informed or discover that a convicted person falls or is likely to fall into a vulnerable category any warrant of distress issued will be suspended and returned to the court for further consideration.”’.