Clause 33. — (Fines Imposed and Recognizances Forfeited at Assizes and Quarter Sessions.)

– in the House of Commons at 12:00 am on 27th April 1967.

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Amendments made: No. 40, in page 26, line 42, at beginning insert: 'Subject to the provisions of subsection (8) of this section'.

No. 41, in page 27, line 1, leave out 'reduction'.

No. 42, in line 12, after 'forfeited', insert: 'after the commencement of this Act'.

No. 43, in line 46, at end insert: (8) A magistrates' court shall not under section 30(10) of this Act or section 96 of the Magistrates' Courts Act 1952, as applied by subsection (3) of this section, remit the whole or any part of a fine imposed, or a sum due under a recognizance forfeited by a court of assize or quarter sessions, without the consent of—

  1. (a) a judge of the Central Criminal Court, where the fine was imposed or the recognizance forfeited by that court;
  2. (b) a judge of the Crown Court at Liverpool or the Crown Court at Manchester, as the case may require, where the fine was imposed, or the recognizance forfeited by one of those courts;
  3. (c) a judge of the High Court, where the fine was imposed or the recognizance forfeited by any court of assize (other than the Central Criminal Court or one of the said Crown Courts);
  4. (d) the chairman or any deputy chairman, or the recorder or any deputy recorded, as the case may be, of a court of quarter sessions, where the fine was imposed or the recognizance forfeited by that court;
and the said section 30(10) shall have effect accordingly.(9) A fine imposed or a recognizance forfeited by the criminal division of the Court of Appeal on appeal from a court of assize or quarter sessions or by the House of Lords on appeal from that division shall be treated for the purposes of the last foregoing subsection as having been imposed or forfeited by that court of assize or quarter sessions.

No. 44, in page 28, line 8, leave out subsection (9) and insert: (9) All rights granted by the Crown, by charter or otherwise, to fines imposed for sums due under recognizances forfeited after the commencement of this Act by the High Court or courts of assize or quarter sessions are hereby extinguished and any such fines or sums which apart from the foregoing provision would be paid to the holders of such rights shall be paid into and retained in the Exchequer.(10) The Treasury shall out of moneys provided by Parliament pay by way of compensation to the holder of any such right who has received any payment as such a holder during the period of five years ending with 31st March 1967 an amount equal to three times the aggregate of the sums received by him in respect of fines imposed and recognizances forfeited in that period by the High Court or courts of assize or quarter sessions.—[Mr. Roy Jenkins.]