Review by Court of refusal to revoke enforcement determination
23 Review by Court of refusal to revoke enforcement determination
Subject to this section, if—
an enforcement determination has been made by the Chief Recovery
Officer under section 22 in relation to an expiation notice; and
an application by the alleged offender under section 22(5)(b)(i) for revocation of the determination on a ground specified in section 22(10)(b) or (c) has been refused by the Chief Recovery Officer, the alleged offender may apply to the Court for review of the decision to refuse the application within 30 days of notice of the decision being given to the alleged offender.
The
Court may entertain an application made out of time if it thinks good reason exists for doing so.
The issuing authority is a party to an application under this section.
On an application under this section, the Court may—
confirm or reverse the decision of the Chief Recovery Officer; and
make any consequential or ancillary order that the Court considers necessary or expedient.
If the Court reverses a decision of the Chief Recovery Officer to refuse an application made by an alleged offender under section 22(5)(b)(i) on the ground referred to in section 22(10)(b), a prosecution can be commenced for the alleged offence or offences within 6 months of the day on which the Court's decision is made despite the fact that the time for commencement of the prosecution may have already otherwise expired.
If the Court reverses a decision of the Chief Recovery Officer to refuse an application by an alleged offender under section 22(5)(b)(i), the following provisions apply:
the enforcement determination will be taken to be void and of no effect (and section 22(4) is taken never to have applied in relation to the determination);
any subsequent enforcement action taken under section 25 will be taken to have been revoked;
if the alleged offender does not, within 14 days of being informed of the Court's determination—
elect under section 8 of the Expiation of Offences Act 1996 to be prosecuted for the offence; or
apply under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates on the ground that the offence is trifling, the
Chief Recovery Officer may make a further enforcement determination in relation to the expiation notice.
A decision of the Court made on an application under this section is not subject to further appeal by the alleged offender.
This Act’s bill:Second reading speech
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