Criminal Law Act 1977

Part III U.K. Criminal Procedure, Penalties, etc.

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

Allocation of offences to classes as regards mode of trialE+W+S

15 Offences which are to become triable only summarily.E+W+S

(1)The following offences shall be triable only summarily (instead of either way), namely—

(a)the offences mentioned (and broadly described) in column 1 of Schedule 1 to this Act; . . . F2

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The following offences under the M1Night Poaching Act 1828 shall be triable only summarily (instead of only on indictment), namely—

(a)offences under section 2 of that Act (assaults by persons committing offences under the Act);

(b)offences under section 9 of that Act (entering land, with others, armed and for the purpose of taking or destroying game or rabbits).

(5)Subsections (1) and (4) above are without prejudice to any other enactment by virtue of which any offence is triable only summarily.

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

F517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

18—26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

PenaltiesU.K.

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W

28 Penalties on summary conviction for offences triable either way.E+W

(1)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(8)Schedule 5 to this Act shall have effect for the purpose of altering the penalties available on summary conviction of certain offences triable either way not listed in [F9Schedule 1 to the Magistrates’ Courts Act 1980]; . . . F10.

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

30 Penalties (and mode of trial) for offences made triable only summarily.E+W+S

X1(1)The enactments specified in column 2 of Schedule 1 to this Act, which relate to the mode of trial of, and the maximum penalties for, the offences mentioned (and broadley described) in column 1 of that Schedule (being the offences which by section 15(1)(a) above made triable only summarily instead of either way) shall have effect subject to the amendments specified in column 3 of that Schedule.

X1(2)The said amendments have the effect of altering the maximum penalties available on summary conviction of the offences so mentioned as well as making alterations consequential on their becoming triable only summarily; and in that Schedule column 4 shows the present maximum penalties by way of fine or imprisonment on summary conviction and on conviction on indictment, and column 5 shows the new maximum penalties resulting from the amendments.

(3)A person who (by virtue of section 15 above) is summarily convicted of an offence under section 2 (assaults by persons committing offences under the Act) or section 9 (entering land, with others, armed and for the purpose of taking or destroying game or rabbits) of the M2Night Poaching Act 1828 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both (instead of to a maximum penalty on conviction on indictment of seven years imprisonment or a fine or both for an offence under the said section 2, or of fourteen years imprisonment or a fine or both for an offence under the said section 9).

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

31 Increase of fines for certain summary offences.E+W+S

(1)The enactments specified in column 2 of Schedule 6 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule, so however that the preceding provision shall not alter the maximum daily fine, if any, provided for by any of those enactments.

(2)This subsection applies to the following enactments (by virtue of which certain byelaws may make persons contravening the byelaws liable on summary conviction to a fine not exceeding £20), namely—

(a)section 183 of the M3Public Health Act 1875 and section 237 of the M4Local Government Act 1972 (local authorities’ byelaws) in their application to byelaws under any public general Act; and

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(3)In the enactments to which subsection (2) above applies for any reference to £20 there shall be substituted a reference to £50; and any provision in force at the coming into force of this subsection which—

(a)is contained in any byelaw made under a public general Act by virtue of—

(i)any enactment to which subsection (2) above applies; or

(ii)section 251 of the M5Local Government Act 1933; and

(b)specifies £20 as the maximum fine which may be imposed on summary conviction in respect of a contravention of, or offence under, any byelaw mentioned in that provision,

shall have effect as if it specified £50 instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides).

The preceding provisions of this subsection are without prejudice to subsection (4) below.

(4)The following byelaws, namely—

(a)byelaws under section 75 of the M6Public Health Act 1961 (byelaws as to pleasure fairs and roller skating rinks);

(b)byelaws under section 76 of that Act (byelaws as to seaside pleasure boats); . . . F14

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

may provide that persons contravening the byelaws shall be liable on summary convicton to a fine not exceeding [F15level 3 on the standard scale] and, in the case of a continuing offence, a further fine not exceeding £5 for each day during which the offence continues after the conviction thereof; and any such byelaw in force at the coming into force of this subsection which specifies £20 or any smaller sum as the maximum fine which may be imposed on summary conviction of an offence under any such byelaw shall have effect as if it specified [F15level 3 on the standard scale], instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides).

(5)This subsection applies to any pre-1949 enactment (however framed or worded) which—

(a)as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act); or

(b)confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act).

(6)Every enactment to which subsection (5) above applies shall have effect as if for the specified amount less than £50 there mentioned there were substituted—

(a)£25 if the specified amount is less than £20; or

(b)£50 if the specified amount is not less than £20.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(8)Subsection (6) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.

(9)In subsection (5) above “pre-1949 enactment” means an enactment passed before 1st January 1949 or an enactment passed on or after that date which (whether directly or, through successive re-enactments, indirectly) re-enacts with or without modification an enactment passed before that date.

X2(10)In section 67(6) of the M7Medicines Act 1968, for “£400” (which gives the maximum fine on summary conviction which can be imposed by regulations under section 66 for contravention of the regulations) there shall be substituted “£1,000”.

(11)In this section “enactment” does not include an enactment contained in an order, regulation or other instrument made under an Act.

32 Other provisions as to maximum fines.U.K.

(1)Where a person convicted on indictment of any offence (whether triable only on indictment or either way) would, apart from this subsection, be liable to a fine not exceeding a specified amount, he shall by virtue of this subsection be liable to a fine of any amount.

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 Penalty for offences under section 3 of Explosive Substances Act 1883.E+W+S

For an offence under section 3 of the M8Explosive Substances Act 1883 (attempt to cause explosion, or making or keeping explosive, with intent to endanger life or property in the United Kingdom or the Republic of Ireland) the maximum term of imprisonment which may be imposed by a court in Great Britain shall be increased from twenty years to life.

Young offendersE+W

34, 35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W

36 Enforcement of fines imposed on young offenders.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(2)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(9)In this section—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

• “sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including an order made under section 35 of the M9Powers of Criminal Courts Act 1973 (compensation orders) as applied by section 3(6) of the M10Children and Young Persons Act 1969.

37 Supervision orders. X3E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(2)In section 15 of the M11Children and Young Persons Act 1969 (variation and discharge of supervision orders), after subsection (2) there shall be inserted the following subsection—

“(2A)If while a supervision order to which section 12(3A) of this Act applies is in force in respect of a person who has not attained the age of eighteen it is proved to the satisfaction of a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supevision order in pursuance of section 12 or section 18(2)(b of this Act, the court may, whether or not it also makes an order under subsection (1) of this section—

(a)order him to to pay an amount not exceeding £50; or

(b)subject to section 16(10) of this Act, make an attendance centre order in respect of him.”.

(3)The preceding provisions of this section, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those provisions.

Cross-border enforcementU.K.

F2538. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

[F2638A Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine.U.K.

(1)Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested—

(a)in England and Wales, by any constable acting within his police area;

(b)in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve;

and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest.

(2)Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable [F27of the Police Service of Scotland] , in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine.

(3)A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom.

(4)An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851.

(5)In this section—

• “fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution;

• “imprisonment” includes, in the case of a person who is under the age of 21 years, detention;

• “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

• “prison” means—

  (i)

  in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution; and

  (ia)

  [F28in the case of a person under that age arrested in England and Wales, any place in which he could be detained under [F29section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000];]

  (ii)

  in the case of a person under that age arrested in Northern Ireland, a young offenders centre; and

• “sum adjudged to be paid by a conviction’” has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964.

(6)This section shall not apply to the arrest of persons under [F30the age of 18 years].

[F3138B Further provision for execution of warrants of commitment for non-payment of sum adjudged to be paid by conviction in England and Wales or Northern Ireland.U.K.

(1)Subject to subsection (6) below, a person against whom there has been issued in England and Wales a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Northern Ireland by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve in like manner as if the warrant were a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction in Northern Ireland; and article 158(4) and (5) of the Magistrates’ Courts (Northern Ireland) Order 1981 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such warrant which has been issued in England and Wales as they apply in relation to the execution of a warrant for arrest.

(2)Subject to subsection (6) below, a person against whom there has been issued in Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in England and Wales by any constable acting within his police area in like manner as if the warrant were a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction in England and Wales.

(3)A person arrested by virtue of subsection (1) or (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment issued in that part of the United Kingdom.

(4)A warrant of commitment issued by a court in Northern Ireland may be executed in England and Wales by virtue of this section whether or not it has been endorsed under section 27 of the Petty Sessions (Ireland) Act 1851.

(5)In this section

• “part of the United Kingdom” means England and Wales or Northern Ireland;

• “prison” means—

  (a)

  in the case of a person who is under the age of 21 years arrested in England and Wales, any place in which he could be detained under [F32section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000]; and

  (b)

  in the case of a person under that age arrested in Northern Ireland, a young offenders centre; and

• “sum adjudged to be paid by a conviction” has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, Article 2(5) of the Magistrates’ Courts (Northern Ireland) Order 1981.

(6)This section shall not apply to the arrest of persons under [F33the age of 18 years].

39 Service of summonses and citation throughout United Kingdom.U.K.

[F34(1)The following documents, namely—

(a)a summons requiring a person charged with an offence to appear before a court in England or Wales,

(b)a written charge (within the meaning of section 29 of the Criminal Justice Act 2003) charging a person with an offence,

(c)a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales,

[F35(ca)a single justice procedure notice (within the meaning of that section) requiring a person charged with an offence to serve a written notification stating—

(i)whether or not the person desires to plead guilty, and

(ii)if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980,] and

(d)any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) [F36, (c) or (ca)] above,

may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland.]

[F37(1A)The documents falling within subsection (1)(a) include a summons directed to a person that is issued after the person's trial has begun.]

(2)A summons requiring a person charged with an offence to appear before a court in Northern Ireland may, in such manner as may be prescribed by rules of court, be served on him in England, Wales or Scotland.

(3)Citation of a person charged with a crime or offence to appear before a court in Scotland may be effected in any other part of the United Kingdom in like manner as it may be done in Scotland, and for this purpose the persons authorised to effect such citation shall include

[F38(a)], in England and Wales and Northern Ireland, constables and prison officers serving in those parts of the United Kingdom

[F39(b)persons authorised by a chief officer of police in England or Wales to serve summonses there.]

[F40[F4140 Transfer of fine orders.U.K.

Schedule 7 to this Act (which confers powers on courts in Northern Ireland, and extends the existing powers of courts in England, Wales and Scotland, to make transfer of fine orders) shall have effect.]]]]

Other provisionsE+W

41, 42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42E+W

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43E+W

F4444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45E+W

F4646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F4747. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

48 Power to make rules as to furnishing of information by prosecutor in criminal proceedings.E+W

(1)[F48Criminal Procedure Rules may] make, with respect to proceedings against any person for a prescribed offence or an offence of any prescribed class, provision—

(a)for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the accused or a person representing him is furnished with, or can obtain, advance information concerning all, or any prescribed class of, the facts and matters of which the prosecutor proposes to adduce evidence; and

(b)for requiring a magistrates’ court, if satisfied that any requirement imposed by virtue of paragraph (a) above has not been complied with, to adjourn the proceedings pending compliance with that requirement unless the court is satisfied that the conduct of the case for the accused will not be substantially prejudiced by non-compliance with the requirement.

(2)Rules made by virtue of subsection (1)(a) above—

(a)may require the prosecutor to do as provided in the rules either—

(i)in all cases; or

(ii)only if so requested by or on behalf of the accused;

(b)may exempt facts and matters of any prescribed description from any requirement imposed by the rules, and may make the opinion of the prosecutor material for the purposes of any such exemption; and

(c)may make different provision with respect to different offences or offences of different classes.

(3)It shall not open to person convicted of an offence to appeal against the conviction on the ground that a requirement imposed by virtue of subsection (1) above was not complied with by the prosecutor.

F4949. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W