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Powers of Criminal Courts Act 1973

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Powers of Courts to Deal with Offenders

    1. Preliminary

      1. 1.Deferment of sentence

    2. Probation and discharge

      1. 2.Probation

      2. 3.Probation orders requiring treatment for mental condition

      3. 4.Probation orders requiring attendance at day training centre

      4. 5.Discharge and amendment of probation orders

      5. 6.Breach of requirement of probation order

      6. 7.Absolute and conditional discharge

      7. 8.Commission of further offence by probationer or person conditionally discharged

      8. 9.Breach of conditional discharge by young offenders

      9. 10.Probation orders relating to persons residing in Scotland

      10. 11.Substitution of conditional discharge for probation

      11. 12.Supplementary provision as to probation and discharge

      12. 13.Effects of probation and discharge

    3. Community service orders

      1. 14.Community service orders in respect of convicted persons

      2. 15.Obligations of person subject to community service order

      3. 16.Breach of requirements of community service order

      4. 17.Amendment and revocation of community service orders, and substitution of other sentences

    4. Imprisonment, Borstal training and detention: general provisions

      1. 18.General power of Crown Court to impose sentence of imprisonment on conviction on indictment

      2. 19.Restriction on imposing imprisonment on young offenders

      3. 20.Restriction on imposing sentences of imprisonment on persons who have not previously served prison sentences

      4. 21.Restriction on imposing sentences of imprisonment, Borstal training or detention on persons not legally represented

    5. Suspended sentences of imprisonment

      1. 22.Suspended sentences of imprisonment

      2. 23.Power of court on conviction of further offence to deal with suspended sentence

      3. 24.Court by which suspended sentence may be dealt with

      4. 25.Procedure where court convicting of further offence does not deal with suspended sentence

      5. 26.Suspended sentence supervision orders

      6. 27.Breach of requirement of suspended sentence supervision order

    6. Powers relating to persistent offenders

      1. 28.Punishment of persistent offenders

      2. 29.Supplementary provisions as to persistent offenders

    7. Crown Court fines, etc.

      1. 30.General power of Crown Court to fine offender convicted on indictment

      2. 31.Powers, etc., of Crown Court in relation to fines and forfeited recognizances

      3. 32.Enforcement, etc., of fines imposed and recognizances forfeited by Crown Court

      4. 33.Transfer to Scotland of fines imposed and recognizances forfeited by Crown Court

      5. 34.Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation

    8. Compensation orders

      1. 35.Compensation orders against convicted persons

      2. 36.Appeals in the case of compensation orders

      3. 37.Review of compensation orders

      4. 38.Effect of compensation order on subsequent award of damages in civil proceedings

    9. Criminal bankruptcy orders

      1. 39.Criminal bankruptcy orders against convicted persons

      2. 40.Appeals in the case of criminal bankruptcy orders

      3. 41.The Official Petitioner

    10. Miscellaneous Powers

      1. 42.Power of Crown Court on committal for sentence

      2. 43.Power to deprive offender of property used, or intended for use, for purposes of crime

      3. 44.Driving disqualification where vehicle used for purposes of crime

    11. Supplemental

      1. 45.Social inquiry report before sentence

      2. 46.Reports of probation officers

  3. PART II Administrative and Supplemental Provisions

    1. Rehabilitation of offenders and arrangements for persons on bail

      1. 47.The probation and after-care service and its functions

      2. 48.Power of Secretary of State to regulate community service work and training at day training centres

      3. 49.Power of Secretary of State to approve bail hostels and probation hostels and homes

      4. 50.Inspection of approved bail hostels and of non-approved institutions for residence of probationers

    2. Expenses and grants

      1. 51.Expenses and grants payable out of moneys provided by Parliament

    3. Miscellaneous and supplemental

      1. 52.Evidence with respect to offences punishable in Scotland

      2. 53.Execution of process between England and Wales and Scotland

      3. 54.Rules and orders

      4. 55.Transitional provisions

      5. 56.Consequential amendments and repeals

      6. 57.Interpretation

      7. 58.Application to Scotland

      8. 59.Northern Ireland

      9. 60.Short title and commencement

  4. SCHEDULES

    1. SCHEDULE 1

      Discharge and Amendment of Probation Orders

      1. Discharge

        1. 1.(1) A probation order may be discharged, in accordance with...

      2. Amendment

        1. 2.(1) Subject to sub-paragraph (2) below, if the supervising court...

        2. 3.(1) Without prejudice to the provisions of paragraph 2 above,...

        3. 4.Where the medical practitioner by whom or under whose direction...

      3. General

        1. 5.(1) Subject to sub-paragraph (2) below, where the supervising court...

        2. 6.(1) On the making of an order discharging or amending...

        3. 7.Section 2(8) of this Act shall apply to any order...

    2. SCHEDULE 2

      Criminal Bankruptcy Orders

      1. PART I General

        1. Act of bankruptcy

          1. 1.Subject to the provisions of this Schedule, where a criminal...

        2. Creditors and criminal bankruptcy debts

          1. 2.A person specified in a criminal bankruptcy order as having...

        3. Rules

          1. 3.For the purposes of section 132 of the Bankruptcy Act...

        4. Interpretation

          1. 4.In Parts II and III of this Schedule— " the...

      2. PART II Proceedings based on a Criminal Bankruptcy Order: Application of the Act of 1914, etc.

        1. Criminal bankruptcy petition

          1. 5.(1) A criminal bankruptcy petition shall be presented to the...

        2. Receiving order

          1. 6.For the purposes of section 5(2) and (3) of the...

          2. 7.Section 12 of the Act of 1914 (power to rescind...

        3. Trustee of criminal bankrupt's property

          1. 8.Where a person is adjudged bankrupt in proceedings pursuant to...

        4. Proof of criminal bankruptcy debt in bankruptcy proceedings

          1. 9.(1) For the purpose of proving a criminal bankruptcy debt...

        5. Recovery of assets for benefit of criminal bankrupt's creditors

          1. 10.(1) Without prejudice to any provision of the Act of...

        6. Administration in bankruptcy of deceased offender's estate

          1. 11.(1) Paragraph 5(1) above shall apply to a criminal bankruptcy...

        7. Bankruptcy proceedings otherwise than by virtue of this Schedule

          1. 12.Where a criminal bankruptcy order has been made against any...

        8. Effect of appeal against conviction

          1. 13.(1) Subject to the provisions of this paragraph, the fact...

      3. PART III Functions of Official Petitioner

        1. General

          1. 14.The functions of the Official Petitioner are as follows—

        2. Presentation of criminal bankruptcy petition by Official Petitioner

          1. 15.(1) The Official Petitioner may present a criminal bankruptcy petition,...

        3. Presentation of criminal bankruptcy administration petition by Official Petitioner

          1. 16.(1) The Official Petitioner may present a petition under section...

        4. Participation of Official Petitioner in proceedings brought by virtue of this Schedule (whether by the Official Petitioner or by a creditor)

          1. 17.(1) In the case of proceedings pursuant to a criminal...

    3. SCHEDULE 3

      The Probation and After-Care Service and its Functions

      1. PART I The Probation and After-Care Service

        1. Probation and after-care areas

          1. 1.(1) Subject to the following provisions of this paragraph, if...

        2. Probation and after-care committees

          1. 2.(1) For every probation and after-care area there shall be...

          2. 3.(1) It shall be the duty of every probation and...

        3. Case committees

          1. 4.(1) For every petty sessions area outside the inner London...

          2. 5.(1) The probation and after-care committee for the inner London...

        4. Co-option of members of probation and after-care committees and case committees

          1. 6.(1) Subject to the provisions of this paragraph, any probation...

          2. 7.(1) Subject to the provisions of this paragraph, each probation...

        5. Probation officers

          1. 8.(1) It shall be the duty of probation officers to...

          2. 9.The probation officer who is to be responsible for the...

      2. PART II Functions in relation to the Rehabilitation of Offenders

        1. Functions of probation and after-care committees in relation to community service orders

          1. 10.(1) A probation and after-care committee may, with the approval...

        2. Provision of establishments for use in connection with the rehabilitation of offenders, etc.

          1. 11.A probation and after-care committee may, with the approval of...

          2. 12.(1) A probation and after-care committee shall make such payments...

      3. PART III General Provisions

        1. Travelling and subsistence allowances

          1. 13.(1) Subject to the provisions of this paragraph, a member...

        2. Adjustment of expenses of probation and after-care committees inter se

          1. 14.(1) Where a probation officer is appointed for more than...

        3. Expenses of probation and after-care committees to be borne by local authorities

          1. 15.(1) Subject to sub-paragraph (2) below and to paragraph 16...

        4. Special provision for expenses of the probation and after-care committee for the inner London area

          1. 16.Paragraph 15 above shall not apply in relation to expenses...

        5. Provision of accommodation by local authorities for the probation and after-care service

          1. 17.(1) In any case in which a local authority would...

        6. Rules

          1. 18.(1) The Secretary of State may make rules—

        7. Interpretation

          1. 19.(1) In this Schedule, " the inner London area "...

    4. SCHEDULE 4

      Transitional Provisions

      1. General

        1. 1.Without prejudice to the provisions of section 38 of the...

      2. Transitional provisions with respect to repeals made by the Children and Young Persons Act 1969

        1. 2.(1) The modifications of sections 51 and 57 of this...

    5. SCHEDULE 5

      Consequential Amendments

      1. The Children and Young Persons Act 1933

        1. 1.In section 55 of the Children and Young Persons Act...

      2. The Criminal Justice Act 1948

        1. 2.In section 19 of the Criminal Justice Act 1948 (orders...

      3. The Criminal Justice (Scotland) Act 1949

        1. 3.In section 7 of the Criminal Justice (Scotland) Act 1949...

      4. The Magistrates' Courts Act 1952

        1. 4.In section 29 of the Magistrates' Courts Act 1952 (committal...

        2. 5.In section 64 of that Act (enforcement of sums adjudged...

        3. 6.In section 72B of that Act (transfer of fine orders...

        4. 7.In section 110(1) of that Act (detention of offenders for...

      5. The Summary Jurisdiction (Scotland) Act 1954

        1. 8.In section 44 of the Summary Jurisdiction (Scotland) Act 1954...

      6. The Solicitors Act 1957

        1. 9.In section 38 of the Solicitors Act 1957 (control of...

      7. The Metropolitan Magistrates' Courts Act 1959

        1. 10.In section 3 of the Metropolitan Magistrates' Courts Act 1959...

      8. The First Offenders (Scotland) Act 1960

        1. 11.In section 1 of the First Offenders (Scotland) Act 1960...

      9. The Criminal Justice Act 1961

        1. 12.In section 5(5) of the Criminal Justice Act 1961 (construction...

        2. 13.In section 39(1) of that Act (interpretation), in the definition...

      10. The Administration of Justice Act 1964

        1. 14.In section 37 of the Administration of Justice Act 1964...

      11. The Fugitive Offenders Act 1967

        1. 15.In section 15 of the Fugitive Offenders Act 1967 (restoration...

      12. The Criminal Justice Act 1967

        1. 16.In section 26 of the Criminal Justice Act 1967 (restrictions...

        2. 17.In section 32 of that Act (amendments of Costs in...

        3. 18.In section 48 of that Act (enforcement in Scotland of...

        4. 19.In section 54 of that Act (miscellaneous provisions as to...

        5. 20.In section 56 of that Act (committal for sentence for...

        6. 21.In section 62 of that Act (revocation of licences and...

        7. 22.In section 67 of that Act (computation of sentences of...

        8. 23.In section 73 of that Act (power to order legal...

        9. 24.In section 74 of that Act (supplementary provisions as to...

        10. 25.In section 84(1) of that Act (interpretation of Part IV...

        11. 26.In section 104 of that Act (general provisions as to...

        12. 27.In section 106(2)(b) of that Act (provisions extending to Scotland),...

      13. Criminal Appeal Act 1968

        1. 28.In section 10 of the Criminal Appeal Act 1968 (appeal...

        2. 29.In section 11 of that Act (supplementary provisions as to...

      14. The Social Work (Scotland) Act 1968

        1. 30.In section 94 of the Social Work (Scotland) Act 1968...

      15. The Civil Evidence Act 1968

        1. 31.In section 11 of the Civil Evidence Act 1968 (convictions...

      16. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1968

        1. 32.In section 10 of the Law Reform (Miscellaneous Provisions) (Scotland)...

      17. The Children and Young Persons Act 1969

        1. 33.In section 3(6) of the Children and Young Persons Act...

        2. 34.In section 6 of that Act (summary trial of young...

        3. 35.In section 13 of that Act (selection of supervisor for...

        4. 36.In section 46 of that Act (discontinuance of approved schools,...

        5. 37.In section 48 of that Act (financial provisions applicable on...

        6. 38.In Schedule 3 to that Act (provisions as to approved...

        7. 39.In Schedule 4 to that Act (transitional provisions and savings)...

      18. The Administration of Justice Act 1970

        1. 40.In Part I of Schedule 9 to the Administration of...

      19. The Courts Act 1971

        1. 41.In section 53 of the Courts Act 1971 (administrative functions...

      20. The Industrial Relations Act 1971

        1. 42.In paragraph 28 of Schedule 3 to the Industrial Relations...

      21. The Road Traffic Act 1972

        1. 43.In section 102 of the Road Traffic Act 1972 (combination...

        2. 44.In section 105 of that Act (supplementary provisions as to...

      22. The Criminal Justice Act 1972

        1. 45.In section 23 of the Criminal Justice Act 1972 (power...

        2. 46.In section 24 of that Act (driving disqualification where vehicle...

        3. 47.In section 49 of that Act (community service order in...

        4. 48.In Schedule 2 to that Act (eligibility and disqualification for...

      23. The Costs in Criminal Cases Act 1973

        1. 49.In section 18 of the Costs in Criminal Cases Act...

      24. The Social Security Act 1973

        1. 50.In Schedule 23 to the Social Security Act 1973 (proceedings...

    6. SCHEDULE 6

      Enactments Repealed

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