i e SUMMARY JURISDICTION AND MISCELLANEOUS AMENDMENTS BILL 2013

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1 i e SUMMARY JURISDICTION AND MISCELLANEOUS AMENDMENTS BILL 0

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3 SUMMARY JURISDICTION AND MISCELLANEOUS AMENDMENTS BILL 0 Explanatory Memorandum. This Bill is promoted by the Treasury.. Part ontains general provisions. These are the short title of the resulting At (lause ), the ommenement provision, providing for the At to be brought into operation on a day or days appointed by the Treasury (lause ) and provision for the At to expire after its provisions have taken effet (lause ).. Part makes amendments to the Summary Jurisdition At (lause ). Clause inserts new setions A to C into that At providing for a plea before venue proedure. They provide for the aused (or if absent his or her advoate) to indiate a plea prior to the deision being taken as to the appropriate ourt to hear the matter if it proeeds to trial.. Clause amends setion so as to enable ommittal to a Court of General Gaol Delivery for sentene after onvition, if the irumstanes of the offene (as well as the person s harater and anteedents) require greater punishment, and also if a guilty plea has been indiated before venue and the ourt thinks greater punishment should be inflited, the offene is of a serious harater or for other reasons it is unsuitable for summary trial.. Clause makes new provision for enforement of payment orders. The wording of setions and is slightly revised and new setion A makes further provision for enforement by attahment of earnings as well as new provision to require dedutions from ertain soial seurity benefits if the person is in reeipt of them. New setion B imposes obligations on an employer under an attahment of earnings order and new setion C enables the ourt to require information from the employer. New setion D makes it an offene to fail to omply with the preeding new setions or to give false information. New setion E makes further provision with respet to reovery of sums by way of dedutions from benefit, in partiular enabling the Department of Soial Care to make regulations speifying the benefits and irumstanes. Offenes are reated in onnetion with failing to provide information or providing false information. New setion F makes provision for the Chief Registrar to request dislosure of information from the Treasury or Department of Soial Care about a person to assist the ourt s deision about attahments of earnings or benefit dedutions. The Chief Registrar may also apply to the ourt to obtain information from the polie or other bodies as the whereabouts or address of the person. There are further provisions onerned with unauthorised dislosure. New setion G enables rules of ourt to make further provision about attahments of earnings and appliations for benefit dedutions.

4 Explanatory Memorandum Summary Jurisdition and Misellaneous Amendments Bill 0. Clause inserts new setion 0A requiring the Chief Registrar to maintain a register of sums adjudged to be paid in aordane with rules of ourt. There is provision for the Treasury to fix harges for use of the register.. Clause inserts new definitions into setion and makes amendments elsewhere in onsequene.. Part amends other Ats. Clause 0 amends the High Court At so as to remove the requirement for Judges of Appeal to be Queen s Counsel and to hange the meaning of Deemsters to mean only the First Deemster if there is no Seond Deemster or he or she is unable to at.. Clause re-sites a provision on remission of fines that was in the Criminal Law At into the Criminal Jurisdition At. Clause amends the Liensing At so as to extend the ourts powers to make orders banning persons from buying alohol or entering liensed premises to apply to a wide range of offenes. 0. Clause repeals redundant provisions and a provision requiring a ourt to order forfeiture of a mobile phone following a onvition for driving whilst using a phone unless there are speial reasons for not doing so.. The Bill is likely to be overall ost neutral, though there will be inreased osts to the Department of Soial Care in administration and potential savings to the Department of Home Affairs in redued need for ustody in lieu of payment of fines, et. Additional IT and training requirements for the Department of Soial Care and the General Registry will be met from existing resoures. Potential savings in ourt time are diffiult to quantify. No inrease in manpower is antiipated.. In the opinion of the member moving the Bill its provisions are ompatible with the Convention rights within the meaning of the Human Rights At 00. Page iv

5 Summary Jurisdition and Misellaneous Amendments Bill 0 Index e SUMMARY JURISDICTION AND MISCELLANEOUS AMENDMENTS BILL 0 Index Setion Page PART GENERAL PROVISIONS Short title... Commenement... Expiry... PART AMENDMENTS TO SUMMARY JURISDICTION ACT Amendment of Summary Jurisdition At... Setions A to C inserted plea before venue... Setion amended ommittal for sentene... 0 Setions and substituted and setions A to G inserted enforement of payment orders... Setion 0A inserted... Setion amended interpretation... PART MISCELLANEOUS AMENDMENTS 0 0 Amendment of High Court At... 0 Amendment of Criminal Jurisdition At... 0 Amendment of Liensing At... Consequential and minor repeals... Page

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7 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion e SUMMARY JURISDICTION AND MISCELLANEOUS AMENDMENTS BILL 0 A BILL to amend further the Summary Jurisdition At ; to make minor amendments to other enatments; and for onneted purposes. BE IT ENACTED by the Queen s Most Exellent Majesty, by and with the advie and onsent of the Counil and Keys in Tynwald assembled, and by the authority of the same, as follows: 0 0 PART GENERAL PROVISIONS Short title The short title of this At is the Summary Jurisdition and Misellaneous Amendments At 0. Commenement () This At, other than setion and this setion, omes into operation on suh day or days as the Treasury may by order appoint. () An order under subsetion () may ontain suh onsequential, supplementary, inidental and transitional provisions as the Treasury onsiders appropriate. Expiry () This At expires (a) on the day after its promulgation if all its provisions are in operation on its promulgation; or (b) otherwise, on the day after the last provision is brought into operation. () The expiry does not (a) revive any At it amended as the At operated before the amendment ommened; Page

8 Setion Summary Jurisdition and Misellaneous Amendments Bill 0 (b) () revive anything not in operation or existing when the amendment took effet; or affet the ontinuing operation of the amendment PART AMENDMENTS TO SUMMARY JURISDICTION ACT Amendment of Summary Jurisdition At The Summary Jurisdition At is amended in aordane with this Part. Setions A to C inserted plea before venue After the ross-heading before setion insert A Initial proedure: aused to indiate intention as to plea () This setion has effet if a person who has attained the age of years appears or is brought before a ourt of summary jurisdition harged with an offene speified in Shedule or an offene triable either way. () Everything that the ourt is required to do under the following provisions of this setion must be done with the aused present in ourt. () The ourt must ause the harge to be written down, if this has not already been done, and to be read to the aused. () The ourt must then explain to the aused in ordinary language that he or she may indiate whether (if the offene were to proeed to trial) he or she would plead guilty or not guilty, and that if the aused indiates that he or she would plead guilty (a) the ourt must proeed as mentioned in subsetion (); and (b) the aused may be ommitted for sentene to a Court of General Gaol Delivery under setion if the ourt is of suh opinion as is mentioned in subsetion (B)(d) of that setion. () The ourt must then ask the aused whether (if the offene were to proeed to trial) he or she would plead guilty or not guilty. () If the aused indiates that he or she would plead guilty the ourt must proeed as if (a) the proeedings onstituted a summary trial of the information from the beginning; and (b) setion () were omplied with and the aused had pleaded guilty under it. Page

9 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion 0 () If the aused indiates that he or she would plead not guilty the ourt must proeed as set out in setion or setion as appropriate. () If the aused fails to indiate how he or she would plead the aused is taken to indiate that he or she would plead not guilty. () Subjet to subsetion (), the following do not onstitute the taking of a plea (a) asking the aused whether (if the offene were to proeed to trial) he or she would plead guilty or not guilty; (b) an indiation by the aused of how he or she would plead. 0 0 B Intention as to plea: absene of aused () This setion has effet if (a) a person who has attained the age of years appears or is brought before a ourt of summary jurisdition harged with an offene speified in Shedule or an offene triable either way; (b) the aused is represented by an advoate; () the ourt onsiders that by reason of the aused s disorderly ondut before the ourt it is not pratiable for proeedings under setion A to be onduted in his or her presene; and (d) the ourt onsiders that it should proeed in the absene of the aused. () In suh a ase (a) the ourt must ause the harge to be written down, if this has not already been done, and to be read to the advoate; (b) the ourt must ask the advoate whether (if the offene were to proeed to trial) the aused would plead guilty or not guilty. () If the advoate indiates that the aused would plead guilty the ourt must proeed as if (a) the proeedings onstituted a summary trial of the information from the beginning; and (b) setion () were omplied with and the aused had pleaded guilty under it. () If the advoate indiates that the aused would plead not guilty the ourt must proeed as set out in setion or setion as appropriate. Page

10 Setion Summary Jurisdition and Misellaneous Amendments Bill 0 0 () If the advoate fails to indiate how the aused would plead, the advoate is taken to indiate that the aused would plead not guilty. () Subjet to subsetion (), the following do not onstitute the taking of a plea (a) asking the advoate whether (if the offene were to proeed to trial) the aused would plead guilty or not guilty; (b) an indiation by the advoate of how the aused would plead. 0 C Intention as to plea: adjournment A ourt of summary jurisdition proeeding under setion A or B may adjourn the proeedings at any time, and on doing so on any oasion when the aused is present may remand the aused, and must remand him or her if (a) on the oasion on whih the aused first appeared, or was brought, before the ourt to answer to the harge he or she was in ustody or, having been released on bail, surrendered to the ustody of the ourt; or (b) he or she has been remanded at any time in the ourse of proeedings on the harge, and if the ourt remands the aused, the time fixed for the resumption of proeedings is that at whih the aused is required to appear or be brought before the ourt in pursuane of the remand.. 0 Setion amended ommittal for sentene For setion () and () substitute () A ourt of summary jurisdition may, instead of dealing with a person who has attained the age of in any manner in whih the ourt has power to deal with him or her, ommit him or her in ustody or on bail to a Court of General Gaol Delivery for sentene if the onditions set out in subsetion (A) or subsetion (B) are satisfied. (A) The onditions are (a) the person has been onvited (whether or not following a trial) by a ourt of summary jurisdition of an offene speified in Shedule or an offene triable either way; and (b) having obtained further information as to the irumstanes of the offene during the trial (if any) or information as to the person s harater and anteedents, Page 0

11 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion 0 0 the ourt thinks that greater punishment should be inflited than it has power to inflit. (B) The onditions are (a) the person has been harged before a ourt of summary jurisdition with an offene speified in Shedule or an offene triable either way; (b) the person or the person s advoate has indiated under setion A or B as the ase may be that the person would plead guilty were the offene to proeed to trial; () the ourt proeeds as if setion () were omplied with and the person had pleaded guilty under it; and (d) the ourt thinks that greater punishment should be inflited than it has power to inflit or the irumstanes make the offene one of a serious harater or for other reasons make it unsuitable for summary trial. () If a person ommitted for sentene under subsetion () is, prior to being dealt with by a Court of General Gaol Delivery, onvited of any offene whatsoever that ould be dealt with by a ourt of summary jurisdition, a ourt of summary jurisdition may also ommit the person in ustody or on bail to a Court of General Gaol Delivery, either at the same time as the original ommittal or subsequently. (A) Subsetions () and () apply to any orporation as if the orporation were a person who has attained the age of and as if the words in ustody or on bail were omitted.. 0 Setions and substituted and setions A to G inserted enforement of payment orders For setions and substitute Reovery of periodial payments by Chief Registrar () If (a) a periodial payments order has been made by any ourt; (b) payments are required to be made to the Chief Registrar; () any sums payable are in arrears; and (d) the person for whose benefit the payment should have been made so requests in writing, the Chief Registrar, unless it appears unreasonable to him or her in the irumstanes to do so, must proeed in his or her own name for the reovery of those sums. Page

12 Setion Summary Jurisdition and Misellaneous Amendments Bill 0 () However, the person for whose benefit the payment should have been made has the same liability for all the osts properly inurred in onsequene of the proeedings as if the person had taken those proeedings. () This setion does not affet any right of a person to proeed in his or her own name for the reovery of sums payable under a periodial payments order Methods of enforement () A ourt of summary jurisdition may grant an exeution order for the amount of any sum (a) ordered to be paid by a ourt of summary jurisdition; (b) in the ase of any other sum ordered to be paid to the Chief Registrar under setion of the Colletion of Fines et. At, on an appliation by the Chief Registrar under setion () of that At. () The exeution order may be enfored in aordane with Part II of the Administration of Justie At or (a) in the ase of a periodial payments order, in aordane with Part III of that At; (b) in any other ase in aordane with setions A to F. A Enforement by attahment of earnings or appliation for benefit dedutions P00//Sh para - () If the onditions set out in subsetions () and () are met a ourt of summary jurisdition may make (a) an order direting a person s employer to make suh payments out of the person s earnings as the order may speify (an attahment of earnings order ); or (b) subjet to setion E(), an appliation to the Department of Soial Care requesting dedutions from any amounts payable by way of the benefit to a person (an appliation for benefit dedutions ), whether or not an exeution order has been granted under setion. () Subsetion () does not limit the possibility of making, at a later date, whihever of the order or appliation mentioned in subsetion ()(a) or (b) was not made earlier. () The onditions are that it appears to the ourt Page

13 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion (a) the person liable to pay a sum adjudged to be paid by onvition or order of a ourt is in employment or entitled to a speified benefit as the ase may be; and (b) it is not impratiable or inappropriate to make the order or appliation as the ase may be. () The onditions are (a) that the person liable to pay the sum onsents to the ourt s making the order or appliation; or (b) if the person liable to pay the sum does not onsent, the ourt onsiders that it is in the interests of justie to make the order or appliation. () When making an order or appliation under this setion the ourt may inlude in it any amount outstanding in respet of any sum previously adjudged to be paid by onvition or order of any ourt in the Island on or after the ommenement of this setion. () Where, on or after the ommenement of this setion, a sum is adjudged to be paid by onvition or order of a ourt but no order or appliation has been made under this setion, the Chief Registrar may apply to a ourt of summary jurisdition for suh an order or appliation to be made and no previous deision in respet of the matter shall bind the ourt. () A ourt of summary jurisdition must diret (a) that an order or appliation under this setion is to take effet immediately; or (b) that it is to take effet only if so direted by the Chief Registrar. () If a person in respet of whom the ourt has made a diretion under subsetion ()(b) is paying a sum by instalments and misses an instalment, the Chief Registrar may, in his or her disretion, diret that an order or appliation is to take effet. () An order or appliation under this setion may be varied by a ourt of summary jurisdition and the ourt has the power to revoke or suspend the order or appliation or substitute an alternative sentene or method of enforement of the sum. (0) But despite setion (), if the other method of enforement is to issue a warrant ommitting the person to ustody under setion (ommittal in default of payment), this power is not exerisable by a single justie. Page

14 Setion Summary Jurisdition and Misellaneous Amendments Bill B Duty of employer under attahment of earnings order // A person to whom an attahment of earnings order is direted (the employer ) must (a) omply with the order; (b) give to the person liable to pay the sum in question a statement in writing speifying any payment made by the employer pursuant to the order and any sums deduted, in aordane with rules of ourt made under setion G in respet of lerial and administrative expenses; and () immediately inform the Chief Registrar that the person is no longer in the employer s employment if (i) at the time of the servie on the employer of a opy of the order, the person is not so employed and the employer is satisfied that the absene from employment of that person is not merely of a temporary nature; and (ii) at any time after the servie on the employer of a opy of the order, the person has eased to be so employed. C Statement of earnings // () If an attahment of earnings order is about to be made or revived, a ourt of summary jurisdition may, at any time before making or varying the order (a) diret the person liable to pay the sum in question to furnish, within suh time as may be speified in the diretion, a statement of (i) the name and address of the person s employer, or of eah of his or her employers if more than one; (ii) suh partiulars as to the person s earnings as may be so speified; and (iii) suh other partiulars as may be so speified for the purpose of enabling the person to be identified by any of his or her employers; and (b) diret any person appearing to be an employer of the person to furnish, within suh time as may be speified in the diretion, a statement signed by or on behalf of that employer of suh partiulars as may be so speified of all the earnings of the person that fall to be paid by the employer during suh period as may be so speified. Page

15 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion () The power of the ourt under subsetion () may be exerised by the Chief Registrar. () A doument purporting to be any suh statement as is referred to in subsetion () shall, in proeedings before the ourt, be reeived in evidene and be taken to be suh a statement, without further proof, until the ontrary be shown D Offenes in relation to attahment of earnings orders // A person who (a) without reasonable exuse, fails to omply with any provision of setion B or with any diretion under setion C; (b) gives any statement or information required to be given under setion B or setion C, knowing that suh statement or information is false in a material partiular; or () reklessly gives suh a statement or suh information whih is false in a material partiular, is guilty of an offene and liable on summary onvition to a fine not exeeding,000. E Reovery of sums due by dedutions from benefit P// () Before making an appliation for benefit dedutions, a ourt of summary jurisdition (a) must make an enquiry as appears appropriate as to the person s means; (b) may require the person to provide presribed information in onnetion with an appliation. () If a ourt of summary jurisdition has made an appliation for benefit dedutions, the Department of Soial Care must, in aordane with regulations under subsetion (), dedut sums from any speified benefit payable to the person and pay them to the Chief Registrar towards the satisfation of any sum adjudged to be paid by onvition or order of a ourt. () The Department of Soial Care may make regulations (a) speifying the soial seurity benefits for the purposes of this setion; (b) as to the irumstanes and manner in whih and the times at whih sums are to be deduted and paid; Page

16 Setion Summary Jurisdition and Misellaneous Amendments Bill () as to the alulation of suh sums (whih may inlude provision to seure that amounts payable to the offender by way of soial seurity benefit do not fall below presribed figures); (d) as to any amount of soial seurity benefit to be disregarded in making the alulation; (e) as to the prioritisation of dedutions where other dedutions are being made at soure; (f) as to the irumstanes in whih it is to ease making dedutions; (g) allowing or requiring adjudiation as regards an appliation, and provision as to appeals to appeal tribunals onstituted under Chapter I of Part I of the Soial Seurity At (of Parliament) as it applies to the Island and deisions under setion or 0 of that At. () The Department of Soial Care must notify the person, in a presribed manner and at any presribed time, of the total amount of sums deduted up to the time of notifiation. () If the whole amount to whih the appliation relates has been paid, the Chief Registrar must give notie of that fat to the Department of Soial Care. () A person who fails to provide information as required by subsetion ()(b) ommits an offene. () A person who, in providing information as required by subsetion ()(b) (a) makes a statement whih he or she knows to be false in a material partiular; (b) reklessly provides a statement whih is false in a material partiular; or () knowingly fails to dislose any material fat, ommits an offene. () A person guilty of an offene under subsetion () or subsetion () is liable on summary onvition to a fine not exeeding,000. () In this setion presribed means presribed by regulations made by the Department of Soial Care. (0) Regulations under this At shall not have effet unless approved by Tynwald. Page

17 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion F Dislosure of information in onnetion with attahment of earnings or appliation for benefit dedutions P00//Sh para A-C () The Chief Registrar may apply to the Treasury or the Department of Soial Care, as the ase may be, for an information diretion to failitate the ourt s deiding whether or not it is pratiable or appropriate to make an order or appliation under setion A in respet of a person liable to pay a sum. () An information diretion is a diretion for the dislosure of some or all of the following information in relation to that person, namely the person s (a) full name; (b) address (or any of the person s addresses); () date of birth; (d) national insurane number; (e) details of earnings delared or benefit status, as the ase may be. () On reeiving an information diretion the Treasury or the Department of Soial Care, as the ase may be, must dislose the information requested to the Chief Registrar. () The Chief Registrar may apply to a ourt of summary jurisdition for an order for the purposes of obtaining information from the polie or other bodies as to the whereabouts or address of a person liable to pay a sum adjudged to be paid by onvition or order of the ourt for the purposes of the ourt s deiding whether or not it is pratiable or appropriate to make an order or appliation under setion A in respet of that person, and the ourt must grant the appliation if satisfied that it is in the interests of justie to do so. () A person may dislose the information mentioned in subsetion () or subsetion () to any person to whom its dislosure is neessary or expedient in onnetion with failitating the making of a deision by the ourt as to whether it is pratiable or appropriate to make an order or appliation under setion A. () A person to whom suh information is dislosed who (a) disloses or uses the information; and (b) the dislosure is not authorised by subsetion () or its use is not for the purpose of failitating the making of a deision mentioned in that subsetion, ommits an offene and is liable on summary onvition to a fine not exeeding,000. Page

18 Setion Summary Jurisdition and Misellaneous Amendments Bill () However, it is not an offene under subsetion () (a) to dislose any information in aordane with any enatment or order of a ourt or for the purpose of any proeedings before a ourt; or (b) to dislose any information that has previously been lawfully dislosed to the publi. () It is a defene for a person harged with an offene under subsetion () to prove that he or she reasonably believed that the dislosure or use was lawful. () Nothing in this setion authorises the making of a dislosure that ontravenes the Data Protetion At 00. (0) In this setion benefit status, in relation to a person liable to pay a sum adjudged to be paid by onvition or order of the ourt, means whether or not the person is in reeipt of any speified benefit and if so (in the ase of eah benefit) (a) whih benefit it is; (b) where it is already subjet to dedutions under any enatment, the nature of the dedutions onerned; and () the amount reeived by the person by way of the benefit, after allowing for any suh dedutions; information means information in any form. 0 G Rules of ourt // () Rules of ourt may make provision relating to attahment of earnings orders and appliations for benefit dedutions and their variation. () In the ase of attahment of earnings orders the rules may make provision in partiular (a) as to the prioritisation of dedutions where other dedutions are being made at soure; (b) the sums that may be deduted, by the employer to whom an attahment of earnings order is direted, from a person s earnings in onnetion with that employer s lerial and administrative osts in omplying with that order.. Setion 0A inserted After setion 0 insert Page

19 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion A Register of sums adjudged to be paid on onvition P00// () The Chief Registrar is to maintain a register, in aordane with rules of ourt, of sums to be paid to him or her under setion of the Colletion of Fines et. At and the names and addresses of persons who have defaulted in their payment. () The rules may (a) provide exemptions from the requirement of sums (or lasses of them) to be registered; (b) presribe irumstanes in whih an entry in the register is to be anelled; and () provide for sums to be registered only in suh irumstanes or subjet to suh onditions as the rules may presribe. () The Treasury may fix harges to be made for (a) making information in an entry in the register available for inspetion;. (b) arrying out an offiial searh of the register; () supplying a ertified opy of information in an entry in the register. () The proeeds of those harges are to be applied in paying the expenses inurred in maintaining the register; and any surplus is to be paid into the General Revenue of the Island.. Setion amended interpretation () In setion () (a) after the definition of adult insert appliation for benefit dedutions, in relation to a speified benefit, means an appliation under setion A()(b); attahment of earnings order means an order made under setion A()(a); (b) after the definition of rules insert soial seurity benefit means any benefit payable in aordane with an order made under setion or A of the Soial Seurity At 000; speified benefit means a soial seurity benefit from whih the Department of Soial Care may make dedutions by virtue of regulations made under setion E()(a);. () After setion () insert Page

20 Setion 0 Summary Jurisdition and Misellaneous Amendments Bill 0 0 () In the following provisions a referene to a ourt or to a ourt of summary jurisdition inludes a referene to a single justie (a) setion ; (b) setion ; () setion () and (); (d) setion (); (e) setion A() to (); (f) setion E() and (); (g) setion F().. () As a onsequene of subsetion () (a) in setion () delete, whih for this purpose may onsist of a single justie ; (b) in setions () and () delete, and may do so when omposed of a single justie. 0 0 PART MISCELLANEOUS AMENDMENTS 0 Amendment of High Court At () The High Court At is amended as follows. () In setion A delete subsetion () (appointment of Queen s Counsel). () For the marginal note to setion B substitute B Additional Deemsters. () In setion (a) in subsetion (), after the definition of grant insert Judge of the High Court see setion ; ; (b) after subsetion () insert (A) A referene in this At to the Deemsters, wherever (a) the person holding the offie of Seond Deemster is absent, or is otherwise unable to at on aount of illness or for any other ause whatsoever; or (b) the offie of Seond Deemster is vaant, means the First Deemster only.. Amendment of Criminal Jurisdition At After setion of the Criminal Jurisdition At insert Page 0

21 Summary Jurisdition and Misellaneous Amendments Bill 0 Setion A Remission of fines /0/ () Where a ourt imposes a fine it may, on a subsequent appliation by the offender and on inquiring into his or her means, remit the whole or any part of the fine if it thinks it just to do so, having regard to any hange in the offender s irumstanes sine the onvition. () Where the ourt remits the whole or part of a fine after a term of ustody has been fixed in default of payment of the fine, the ourt must also redue the term by an amount whih bears the same proportion to the whole term as the amount remitted bears to the whole fine, or must remit the whole term, as the ase may be. () In alulating the redution in a term under subsetion () a fration of a day shall be left out of aount. () Subsetion () does not authorise a ourt to remit the whole or any part of a sum whih an offender is liable to pay under setion (reovery of unpaid ontributions) or setion 0 (proof of previous offenes) of the Soial Seurity Administration At (of Parliament) as it applies to the Island, and reoverable as a penalty by virtue of setion () of that At. () In this setion ourt inludes the Appeal Division.. Amendment of Liensing At In setion (C of the Liensing At (a) in paragraph (a) for subsetion () or () substitute subsetions (), () or () of this setion or under setion (), ()(a) or (b) ; (b) in paragraph (b) for setion, 0,, or 0 substitute any of setions to 0 ; () after paragraph (e) insert (f) any other offene in whih the onsumption of alohol was a signifiant fator leading to the offene, a onstituent part of the behaviour onstituting the offene or an aggravating feature of the offene; and (g) suh other offenes as the Department may by order presribe.. Consequential and minor repeals The following are repealed (a) setion (remission of fines) of the Criminal Law At ; (b) Shedule, paragraph () of the Summary Jurisdition At ; Page

22 Setion Summary Jurisdition and Misellaneous Amendments Bill 0 () in the Road Traffi At, Shedule, Part I in the entry in the table relating to Shedule, paragraph (), in olumn the words Court must order forfeiture of the mobile telephone unless it finds speial reasons not so to do ; (d) setion () to () of the Liensing At. Page

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24 IN THE KEYS SUMMARY JURISDICTION AND MISCELLANEOUS AMENDMENTS BILL 0 A BILL to amend further the Summary Jurisdition At ; to make minor amendments to other enatments; and for onneted purposes. Approved by the Counil of Ministers for introdution in the House of Keys. MR TEARE MARCH 0 Printed (by Authority) by the Isle of Man Post Offie Order No: 0