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Part IIU.K. Miscellaneous Amendments

Habeas Corpus 1679E+W

4(1)In section 2 of the M1Habeas Corpus Act 1679 for the words from “in the Court of Kings Bench” to “case shall require” substitute “in the Crown Court”.E+W

(2)In section 8 of the said Act for “judge of assize” substitute “judge of the Crown Court”.

Modifications etc. (not altering text)

C1The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Vagrancy Act 1824E+W

5E+WThe M2Vagrancy Act 1824 shall be amended as follows:—

(a)in section 5, as amended by the M3Criminal Justice Act 1967, for “quarter sessions” substitute “the Crown Court”,

(b)in section 10 for the words from “quarter sessions” to “assembled” substitute “the Crown Court, it shall be lawful for the Crown Court”, and

(c)in section 14 for the words following “appeal to” to the end of the section substitute “the Crown Court”.

Modifications etc. (not altering text)

C2The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

6E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

Parliamentary Documents Deposit Act 1837E+W

7E+WFor any reference in the M4Parliamentary Documents Deposit Act 1837 to the clerk of the peace there shall be substituted a reference to any officer of a local or other authority.

Modifications etc. (not altering text)

C3The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Slave Trade Act 1843E+W

F28E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Indictable Offences Act 1848U.K.

9U.K.In sections 12, 13 and 14 of the M5Indictable Offences Act 1848 (backing of warrants) for ant reference to justices of oyer and terminer or gaol delivery, except so far as it is a reference to such a justice in Northern Ireland, there shall be substituted a reference to the Crown Court.

Modifications etc. (not altering text)

C4The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Petty Sessions (Ireland) Act 1851E+W+N.I.

10E+W+N.I.In section 30 of the M6Petty Sessions (Ireland) Act 1851 for the reference to justices of oyer and terminer and general gaol delivery in England there shall be substituted a reference to the Crown Court.

Modifications etc. (not altering text)

C5The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

11E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

Explosives Act 1875E+W

F412E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

13E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

Central Criminal Court (Prisons) Act 1881E+W

14E+WF6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 8 para. 14 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Coroners Act 1887E+W

15(1)In section 5 of the M7Coroners Act 1887—E+W

(a)in subsection (2) for the words “at the next” to “is to be” substitute “before the Crown Court”.

(b)in subsection (3) for the words following “proper officer” substitute “of the Crown Court”.

(2)&(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

Modifications etc. (not altering text)

C6The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Witnesses (Public Inquiries) Protection Act 1892E+W

16E+WIn section 3 of the M8Witnesses (Public Inquiries) Protection Act 1892 for the words from “quarter sessions” to the end substitute “ Crown Court”.

Modifications etc. (not altering text)

C7The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M9Indictments Act 1915E+W

Marginal Citations

17E+WF8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

Criminal Justice Act 1925E+W

19E+WIn section 33(3) of the M10Criminal Justice Act 1925 (arraignment of corporation) for the words from the beginning to “case may be” substitute “On arraignment of a corporation, the corporation may”.

Modifications etc. (not altering text)

C8The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11Coroners (Amendment) Act 1926E+W

Marginal Citations

20(1)The provisions of this Act about committal for trial by a magistrates’ court, and the provisions of section 7(2) and section 13 of this Act, shall, subject to the provisions of this paragraph, apply with any necessary modifications to the proceedings mentioned in section 25(2) of the M12Coroners (Amendment) Act 1926.E+W

(2)Rules under the said section 25(2) may apply—

(a)the provisions of this Act mentioned in sub-paragraph (1) above, and any other enactment relating to committal by magistrates’ courts for trial in the Crown Court, and

(b)the provisions of the M13Criminal Procedure (Attendance of Witnesses) Act 1965 relating to witness orders.

with such modifications as may be necessary for giving effect to provisions of the said section 25.

(3)Sub-paragraph (1) above shall have effect subject to any rules so made.

Marginal Citations

Petroleum (Consolidation) Act 1928E+W

F1021E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

22E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

Criminal Justice Act 1948E+W

24E+WIn the M14Criminal Justice Act 1948—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(b)in all places where there occurs a reference to a court of quarter sessions (sections . . . F14 20(5)(a), 37(3)(6)) there shall be substituted a reference to the Crown Court.

Textual Amendments

Modifications etc. (not altering text)

C9The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

25—27.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

28(1)In section 37 of that Act, for paragraph (b) of subsection (1) there shall be substituted the following paragraph—E+W

“(b)the High Court may release on bail a person—

(i)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(ii)who has applied to the High Court for an order of certorari to remove proceedings in the Crown Court on his case into the High Court, or has applied to the High Court for leave to make such an application.”

(2)At the end of subsev=ction (3) of that section there shall be added the words “or by a police officer not below the rank of inspector or the governor of a prison or the keeper of a place of detention”.

Modifications etc. (not altering text)

C10The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

29E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

30E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Textual Amendments

32E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

Prison Act 1952E+W

33E+WIn section 47(5) of the M15Prison Act 1952 as amended by the M16Criminal Justice Act 1961 for the words “at assizes or quarter sessions” substitute “before the Crown Court” and for “quarter sessions” substitute “the Crown Court”.

Modifications etc. (not altering text)

C11The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

34E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Textual Amendments

County Courts Act 1959E+W

F2135E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Sch. 8 para. 35 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

36E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

Obscene Publications Act 1959E+W

37E+WIn section 3(50 of the M17Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from “fourteen days” to “order is made” substitute “the period within which notice of appeal to the Crown Court may be given against the order”.

Modifications etc. (not altering text)

C12The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

38E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

Caravan Sites and Control of Development Act 1960E+W

39E+WIn section 9(2) of the M18Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from “on such date” to the words “case stated or otherwise” substitute “on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction”.

Modifications etc. (not altering text)

C13The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Administration of Justice Act 1960E+W

40(1)In section 13(2) of the M19Administration of Justice Act 1960 (appeal in cases of contempt of court) after paragraph (b) insert—E+W

“(bb)from an order or decision of the Crown Court to the Court of Appeal.”

(2)In section 13(5)(a) of the said Act after “High Court” insert “the Crown Court”.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

Modifications etc. (not altering text)

C14The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Criminal Justice Act 1961E+W

F2541E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Sch. 8 para. 41 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

This Amendment shall cease to have effect when the relevant repeal by the M20Children and Young Persons Act 1969 takes effect.

M21Licensing Act 1964E+W

Marginal Citations

42E+WF26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

M22Administration of Justice Act 1964E+W

Marginal Citations

43(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

44E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

M23Criminal Procedure (Attendance of Witnesses) Act 1965E+W

Marginal Citations

45F31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F32(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purposes of section 13 of this Act a warrant issued under section 4 of the said Act (warrant of arrest to secure attendance of witness) shall be treated as a warrant issued by the Crown Court.

(4)In section 4(2) of the said Act for the words “a court of assize or quarter sessions” substitute “the Crown Court”.

F32(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C15The text of Schedule 8 para. 45(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

46E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

47E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

Textual Amendments

Criminal Justice Act 1967E+W

48E+WIn the M24Criminal Justice Act 1967—

(a)in all places where there occurs a reference to a court of assize or quarter sessions (sections . . . F35 56(1)(3)(5)(8)(11), 62(10) . . . F35 and in Schedule 6 paragraphs 2, 14, 16, 21(c)) there shall be substituted a reference to the Crown Court.

(b)in all places where there occurs a reference to a court of quarter sessions (sections 20, F36... 56 . . . F37 (6), 62(6)(7), . . . F38 and in Schedule 6 paragraph 1) there shall be substituted a reference to the Crown Court.

Textual Amendments

F37Sub-section number repealed by Magistrates' Courts Act 1980 (c. 43), Sch.9

F38Section numbers repealed by Legal Aid Act 1974 (c. 4) Sch. 5 Pt. I

Modifications etc. (not altering text)

C16The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

49E+WF39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

Textual Amendments

51E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Textual Amendments

52E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

Textual Amendments

53, 54.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

55E+WF44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44Sch. 8 Pt. 2 para. 55 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

56E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

Criminal Appeal Act 1968E+W

57(1)In the M25Criminal Appeal Act 1968—E+W

(a)for the words “a court of assize or quarter sessions” wherever they occur (sections 10(1), F46. . .11(2)) substitute the words “the Crown Court”.

(b)for the words “at assizes or quarter sessions” wherever they occur (sections 10(2), (3), 24(2)(b), 39(3)) substitute the words “before the Crown Court”.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(3)In section 51(1) of the said Act for the definition of the judge of the court of trial substitute— “the judge of court of trial” means, where the Crown Court comprises justices of the peace, the judge presiding. ”

Textual Amendments

F46In Sch. 8 para. 57(1)(a) the reference to subsection (2) of section 10 is repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

Modifications etc. (not altering text)

C17The text of Schedule 8 paras. 24(b), 35, 40, 48(a) and 57 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968E+W

58E+WIn section 1(4) of the M26Domestic and Appellate Proceedings (Restriction of Publicity) Act 1968 after the words “the High Court” add the words “the Crown Court”.

Modifications etc. (not altering text)

C18The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Children and Young Persons Act 1969E+W

59E+WF48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48Sch. 8 Pt. 2 para. 59 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Administration of Justice Act 1970E+W

60(1)F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In paragraphs 1 to 15 of Schedule 9 to the said Act for the words “quarter sessions” and the words “a court of assize or quarter sessions” wherever they occur substitute “the Crown Court”.

(4)For paragraphs 16 to 20 of the said Schedule 9 substitute the following paragraph—

“16Any order for the payment of costs made by the Crown Court, other than an order falling within Part I above, or an order for costs to be paid out of money provided by Parliament.”

Textual Amendments

F49Sch. 8 Pt. 2 para. 60(1)(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 3}

Modifications etc. (not altering text)

C19The text of Schedule 8 paras. 4, 5, 7–10, 12, 14, 15(1), 16, 19, 21, 28, 33, 37, 39, 41, 42(1), 45(1)(2)(4)(5), 49, 55, 58–60 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

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