Criminal Law Act 1977

Section 65.

X1SCHEDULE 12U.K. Minor and Consequential Amendments

NIGHT POACHING ACT 1828 (C. 69)E+W+S

1E+W+SIn section 2 (assaults by persons committing offences under the Act), for the words from “whether it be” onwards substitute “be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding £500, or both”.

2E+W+SIn section 9 (entering land, with others, armed and for the purpose of taking or distroying game or rabbits), for the words from “at the discretion of the court” onwards substitute “on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both”.

METROPOLITAN POLICE COURTS ACT 1839 (C. 71)E+W

Section 24 (offence of possessing stolen goods without a satisfactory explanation) shall cease to have effect.

ACCESSORIES AND ABETTORS ACT 1861 (C. 94)E+W

In section 8 (abettors in misdmeanors,) for “any misdemeanor” substitute “any indictable offence”, and for “a misdemeanor” substitute “an offence”.

OFFENCES AGAINST THE PERSON ACT 1861 (C. 100)E+W

For section 16 (sending letters threatening to murder) substitute—

“16 Threats to kill.

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years.”

PUBLIC STORES ACT 1875 (C. 25)E+W+S

Section 7 (offences of possessing, without a satisfactory explanation public stores suspected of being stolen) and section 9 (offence, applicable to certain dealers and others, of possessing, without a satisfactory explanation, property reasonabley believed to be public stores) shall cease to have effect.

EXPLOSIVE SUBSTANCES ACT 1883 (C. 3)E+W+S

In section 3(1) (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), for “a term not exceeding twenty years” substitute “life”.

CORONERS ACT 1877 (c. 71)E+W

Section 4(2) (duty of coroner to take depositions in a case of murder or manslaughter) shall cease to have effect.

CHILDREN ACT 1948 (c.43)E+W

In section 29(5)(carrying on an unregistered voluntary home) omit the words from “and to a further fine” onwards (which provide for a fine of £2 in respect of each day during which an offence under the subsection continues after conviction).

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BIRTHS AND DEATHS REGISTRATION ACT 1953 (c. 20)E+W

In section 29(4) (correction of error in register resulting from error in information given by a coroner’s certificate), for the words preceding “the coroner, if satisfied”, substitute—

“(4)Where—

(a)an error of fact or substance (other than an error relating to the cause of death) occurs in the information given by a coroner’s certificate concerning a dead body upon which or a death touching which he has held an inquest; or

(b)such an error relating to the cause of death occurs in the information given by a coroner’s certificate issued under section 20(4) of the Coroners (Amendment) Act 1926 in the case of an inquest which was adjourned in compliance with section 20(1) of that Act (adjournment in cases of murder etc. or at request of D.P.P.) but was subsequently resumed,”.

SEXUAL OFFENCES ACT 1956 (C.69)E+W

1E+WA prosecution for an offence to which paragraph 14 or 15 (incest and attempts thereat) of Part II of Schedule 2 (table of offences with mode of prosecution) relates shall not be commenced except by or with the consent of the Director of Public Prosecutions; and accordingly in sub-paragraph (a) and (b) of each of those paragraphs, in the second column, for the words from “without” to “behalf” substitute “except by or with the consent”.

2E+WIn paragraphs 17 and 18 of the said Part II (indecent assault)—

(a)for sub-paragraph (ii)in the second column substitute—

“(ii)summarily (by virtue of section 16(2) of the Criminal Law Act 1977).”;

(b)in the third column, for the words “As provided” to “or both)” substitute—

“As provided by section 28(1) of that Act (that is to say six months or the prescibed sum within the meaning of that section, or both).”.

ADOPTION ACT 1958 (7&8 Eliz.2.c.5.)E+W+S

In section 50 (prohibition of certain payments), after subsection (3) insert—

“(3A)This section does not apply to—

(a)any payment made by an adoption agency to a person who has applied or proposes to apply to a court for an adoption order or an order under section 53 of this Act (provisional adoption orders), being a payment of or towards any legal or medical expenses incurred or to be incurred by that person in connection with the application; or

(b)any payment made by an adoption agency to another adoption agency in consideration of the placing of a child in the actual custody of any person with a view to the child’s adoption; or

(c)any payment made by an adoption agency to a voluntary organisation for the time being approved for the purposes of this paragraph by the Secretary of State as a fee for the services of that organisation in putting that adoption agency into contact with another adoption agency with a view to the making of arrangements between the adoption agencies for the adoption of a child,

and never has applied to payments of the kinds mentioned in paragraphs (a) and (b) of this subsection.

In paragraph (c) of this subsection “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.”

OBSCENE PUBLICATIONS ACT 1959 (c. 66)E+W

In section 3(3) (powers of search and seizure) at end add—

CRIMINAL JUSTICE ACT 1961 (c. 39)U.K.

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2(1)Section 26 (transfer of prisoner to serve sentence) shall be amended as follows.U.K.

(2)In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)—

(a)after “to another part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”; and

(b)for “in that part of the United Kingdom” substitute “there”.

(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

3(1)Section 28 (transfer of prisoner for trial) shall be amended as follows.U.K.

(2)In subsection (1) (power of responsible Minister to order transfer from one part of the United Kingdom to another)—

(a)after “to another part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”; and

(b)after “that other part” insert “or that island”.

(3)After subsection (1) insert—

“(1A)If it appears to the Secretary of State that a person serving a sentence of imprisonment or detention in any of the Channel Islands or the Isle of Man should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.”.

(4)In subsection (2) (treatment of transferred prisoner while he remains in the part of the United Kingdom to which he has been transferred under subsection (1)), omit “subsection (1) of” and after “United Kingdom” insert “or island”.

(5)In subsection (3) (transfer back after trial)—

(a)after “subsection (1)”, wherever occurring, insert “or (1A)”;

(b)after “Minister” insert “(in the case of a person so transferred to any part of the United Kingdom) or the Secretary of State (in the case of a person so transferred to any of the Channel Islands or the Isle of Man)”; and

(c)after “country”, wherever occurring, insert “or island”.

4(1)Section 29 (removal of detained person in the interests of justice or for the purposes of a public inquiry) shall be amended as follows.U.K.

(2)In subsection (1) (power of responsible Minister to direct removal from one place to another within the United Kingdom), after “other part of the United Kingdom” insert “or in any of the Channel Islands or the Isle of Man”.

(3)After subsection (1) insert—

“(1A)If the Secretary of State is satisfied, in the case of a person detained in any of the Channel Islands or the Isle of Man in a prison, remand centre or detention centre, that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.”.

(4)In subsection (2), for “responsible Minister” substitute “Minister by whom that direction is given”.

5U.K.In section 39(1) (interpretation) in paragraph (b) of the definition of “responsible Minister” for “the Minister of Home Affairs for Northern Ireland” substitute “the Secretary of State”.

LICENSING ACT 1964 (c. 26)E+W

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HOUSING ACT 1964 (c. 56)E+W

In section 65, after subsection (1) (penalty for failure to comply with notice requiring execution of works under Part II of M1Housing Act 1961 insert—

“(1A)In the case of an offence under subsection (1) above committed in respect of a notice served under section 16 of the Act of 1961, that subsection shall have effect with the substitution of the words “£500” for the words “one hundred pounds” in paragraphs (a) and (bb).”.

HOUSING (SCOTLAND) ACT 1966 (c. 49)E+W+S

In section 110, after subsection (1) (penalty for failure to comply with notice requiring execution of works) insert—

“(1A)In the case of an offence under subsection (1) above committed in respect of a notice served under section 107 of this Act, that subsection shall have effect with the substitution of the words “£500” for the words “one hundred pounds” in paragraphs (a) and (b).”.

CRIMINAL LAW ACT 1967 (c. 58)E+W

In section 2(1) (under which an offence carrying a sentence of five years imprisonment or more is an arrestable offence) after “five years” insert “(or might be so sentenced but for the restrictions imposed by section 29 of the Criminal Law Act 1977)” and at the end add—

“The said restrictions are those which apply where, in pursuance of subsection (2) of section 23 of the said Act of 1977 (certain offences to be tried summarily if value involved is small) a magistrates’ court summarily convicts a person of a scheduled offence within the meaning of the said section 23.”.

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CRIMINAL JUSTICE ACT 1967 (C. 80)U.K.

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2E+WIn section 22, as amended by paragraph 37 of Schedule 2 to the M2Bail Act 1976, (extension of power of High Court to grant, or vary conditions of, bail)—

(a)in subsection (1) and (2) for “inferior court” substitute “magistrates’ court”; and

(b)in subsection (4) omit “ “inferior court” means a magistrates’, court or a coroner and”.

3E+WIn section 23(2) (requirements as to bringing before a justice of the peace or court a person arrested after admission to bail), after paragraph (b) insert—

“In reckoning for the purposes of this subsection any period of twenty-four hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.”

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7(1)Section 60 (release on license of persons serving determinate sentences) shall be amended as follows—U.K.

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(3)After subsection (5) insert—

“(5A)A licence granted to any person under this section in England and wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a)in the case of a licence granted to a person in respect of whom an extended sentence certificate was issued when sentence was passed on him, the date of the expiration of the sentence;

(b)in the case of a licence granted under subsection (1) of this section to a person who was under the age of twenty-one when sentence was passed on him and is released on licence before attaining the age of twenty-two—

(i)if the date on which he attains the age of twenty-two is earlier than the remission date, the remission date;

(ii)if the date on which he attains the age of twenty-two is not earlier than the remission date, the date on which he attains the age of twenty-two or the date of the expiration of the sentence , whichever is the earlier;

(c)in the case of a licence granted by virtue of subsection (3)(b) of this section to a person who was under the age of twenty-one when sentence was passed on him, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier;

(d)in a case not within any of the preceding paragraphs, the remission date.

In this subsection “the remmission date”, in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission on any part of the sentence under the rules.”.

(4)In subsection (6) (duration of a licence, after “this section” insert “in Scotland” and, in paragraph (a), omit the words from “to a person” where they first occur to “or”.

(5)Omit subsection (8)(d).

(6)The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.

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9E+Win subsection 91 (drunkeness in a public place) omit subsection (5).

COMPANIES ACT 1967 (c. 81)E+W

1E+WIn subsection 49(1) (certain offences to be triable summarily), after “triable” insert “only”.

2E+WParagraph 1 above shall be deemed to have had an effect as from the passing of the M3Companies Act 1967.

[F16FIREARMS ACT 1968(c. 27)]E+W+S

[F16For paragraph 3 of Part II of Schedule 6 (under which a person charged with an offence specified in Schedule 1 to the Magistrates’ Courts Act 1952 and an offence under section 17(1) or (2) of the Firearms Act 1968 (using firearm to resist arrest, and possessing firearm while committing certain offences) may not be tried summarily for the former if he is sent for trial for the latter) substitute the following paragraph—

“3(1)Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in Schedule 3 to the Criminal Law Act 1977 (“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply.

(2)Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and sections 19 to 24 of the said Act of 1977 (procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.

(3)If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—

(a)if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with the said sections 19 to 24; but

(b)if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with section 25(3) and (4) of the said Act of 1977 to change to summary trial with the accused’s consent.”.]

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CHILDREN AND YOUNG PERSONS ACT 1969 (c.54)E+W

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2E+WIn section 13(3) (selection of supervisor for person placed under supervision of probation officer), omit the words from “or if,” to “place” (which provide for the selected officer to be changed at the instance of the case committee).

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4E+WIn section 16(10) (meaning of “ attendance centre order” etc. for purposes of section 15(4)(a))—

(a)after “In”, where it first occurs, insert “ paragraph (b) of subsection (2A) and ”;

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5E+WIn paragraph 6 of Schedule 4 (restriction on power to make attendance centre order), at the end add “ other than one consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction ”.

6E+WParagraphs 1 and 3 above, and any related repeal provided for in Schedule 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those paragraphs.

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FINANCE ACT 1972 (C. 41)E+W

Paragraph 9 of Schedule 6 (right of members of value added tax tribunals to refuse to serve on juries) shall cease to have effect as regards juries in England and Wales.

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ADMINISTRATION OF JUSTICE ACT 1973 (c. 15)E+W

1E+WIn section 9(4) (abatement of salaries of holders of certain judicial offices, including the stipendiary magistrates mentioned in subsection (1)(e) and (f), by reference to pensions payable in respect of any public office in the United Kingdom or elsewhere), after “United Kingdom or” insert “, except as respects any holder of judicial office mentioned in subsection (1)(e) or (f) above,”.

2E+WParagraph 1 above shall be deemed to have had effect as from the passing of the Administration of Justice Act 1973.

POWERS OF CRIMINAL COURTS ACT 1973 (c. 62)F24F24E+W

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2E+WFor section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—

“(b)where the order requires the offender to reside in an approved probation hostel or any other institution, the period for which he is so required to reside shall be specified in the order.”.

3E+WIn section 9(1) (breach of conditional discharge by young offenders)—

(a)for the words from “not being” to “1952” substitute “triable only on indictment in the case of an adult.”;

(b)for the words from “such an offence” onwards substitute “an offence triable either way and had been tried summarily.”.

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5E+WIn section 17(3) (power of Crown Court to revoke or vary community service orders), for the words from the beginning to “and it appears to the Crown Court” substitute—

“(3)Where an offender in respect of whom such an order is in force—

(a)is convicted of an offence before the Crown Court; or

(b)is committed by a magistrates’ court to the Crown Court for sentence and is brought or appears before the Crown Court; or

(c)by virtue of subsection (2)(b) above is brought or appears before the Crown Court,

and it appears to the Crown Court”.

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10E+WParagraph 3(2)(b) of Schedule 1 (which precludes a supervising court from amending a probation order so as to require residence in an institution for more than twelve months in all) shall be omitted.

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JURIES ACT 1974 (c. 23)E+W

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HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)E+W+S

In section 15(6)(d) (power to restrict punishments which can be imposed in respect of certain offences) after “punishments” insert “(other than the maximum fine on conviction on indictment)”.

[F33REHABILITATION OF OFFENDERS ACT 1974 (c. 53)E+W+S

In section 6(6)(a) (convictions in England and Wales which are to be disregarded for purposes of the provisions of section 6(4)(a) as to the extension of rehabilitation periods) for “an offence which is not triable on indictment” substitute “a summary offence or of a scheduled offence (within the meaning of section 23 the Criminal Law Act 1977) tried summarily in pursuance of subsection (2) of that section (summary trial where value involved is small);”]

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BAIL ACT 1976 (c. 63)E+W

1E+WIn section 2(2), in the definition of “court”, for “a justice of the peace or a coroner” substitute “or a justice of the peace”.

2E+WIn section 3(8) (power of the court granting bail to vary conditions of bail or impose conditions in respect of bail granted unconditionally)—

(a)for “it may” substitute “that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may”;

(b)for “it was” substitute “bail was”;

(c)for “it has” substitute “has been”.

3(1)Section 5 (supplementary provisions about bail) shall be amended as follows.E+W

(2)After subsection (8) insert—

“(8A)An order under subsection (7) above shall, unless previously revoked, take effect at the end of twenty-one days beginning with the day on which it was made.

(8B)A court which has orderd the forfeiture of a security under subsection (7) above may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custdody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it thinks fit to order.

(8C)An application under subsection (8B) above may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the court is satisfied that the prosecution was given reasonable notice of the applicant’s intention to make it.”

(3)After subsection (9) insert—

“(9A)Where an order is made under subsection 8(B) above after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid by over to the person who gave the security if the order under subsection (8B) has been made before the order for forfeiture took effect shall be repaid or paid over to him.”

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