SCHEDULES

Sections 15 and 30.

SCHEDULE 1Offences Made Triable Only Summarily, and Related Amendments

Section 16.

SCHEDULE 2Offences Triable Either Way Instead of Only on Indictment

1Offences at common law of public nuisance.

2Offences under section 8 of the [1751 c. 36.] Disorderly Houses Act 1751 (appearing to be keeper of bawdy house etc.).

3Offences consisting in contravention of section 13 of the [1835 c. 62.] Statutory Declarations Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).

4Offences under section 36 of the [1861 c. 97.] Malicious Damage Act 1861 (obstructing engines or carriages on railways).

5Offences under the following provisions of the [1861 c. 100.] Offences against the Person Act 1861—

(a)section 16 (threats to kill);

(b)section 26 (not providing apprentices or servants with food etc.);

(c)section 34 (doing or omitting to do anything so as to endanger railway passengers);

(d)section 36 (assaulting a clergyman at a place of worship etc.);

(e)section 38 (assault with intent to resist apprehension);

(f)section 57 (bigamy).

6Offences under section 13 of the [1869 c. 62.] Debtors Act 1869 (transactions intended to defraud creditors).

7Offences under section 5 of the [1875 c. 25.] Public Stores Act 1875 (obliteration of marks with intent to conceal).

8Offences under section 12 of the [1882 c. 37.] Corn Returns Act 1882 (false returns).

9Offences under section 22 of the [1882 c. 56.] Electric Lighting Act 1882 (injuring works with intent to cut off electricity supply).

10Offences under section 3 of the [1885 c. 49.] Submarine Telegraph Act 1885 (damaging submarine cables).

11Offences under section 8(2) of the [1902 c. 8.] Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).

12All offences under the [1911 c. 6.] Perjury Act 1911 except offences under—

(a)section 1 (perjury in judicial proceedings);

(b)section 3 (false statements etc. with reference to marriage);

(c)section 4 (false statements etc. as to births or deaths);

(d)section 5 (false statutory declarations and other false statements without oath) so far as it relates to statements in statutory declarations.

13The following offences under the [1913 c. 27.] Forgery Act 1913—

(a)offences under paragraph (a) of section 2(2) (forgery of valuable security etc.) in relation to any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels, where the amount of money or the value of the goods or chattels does not exceed £1,000 but does exceed £100 ;

(b)offences under paragraph (a) of section 7 (demanding property on forged documents), where the amount of the money or the value of the property in respect of which the offence is committed does not exceed £1,000 but does exceed £100.

14Offences under section 17 of the [1914 c. 47.] Deeds of Arrangement Act 1914 (trustee making preferential payments).

15Offences under section 3(4) of the [1919 c. 51.] Checkweighing in Various Industries Act 1919 (false statements).

16Offences under section 8(2) of the [1920 c. 41.] Census Act 1920 (disclosing census information).

17Offences under the following provisions of the [1956 c. 69.] Sexual Offences Act 1956—

(a)section 6 (unlawful sexual intercourse with a girl under 16);

(b)section 26 (permitting a girl under 16 to use premises for sexual intercourse).

18Offences under section 3(1) of the [1964 c. 87.] Shipping Contracts and Commercial Documents Act 1964 (offences), so far as it relates to the contravention of any direction under that Act.

19The following offences under the [1967 c. 58.] Criminal Law Act 1967—

(a)offences under section 4(1) (assisting offenders) ; and

(b)offences under section 5(1) (concealing arrestable offences and giving false information),

where the offence to which they relate is triable either way otherwise than by virtue of section 16(2) above.

20The following offences under the [1968 c. 60.] Theft Act 1968—

(a)burglary in a dwelling where entry to the dwelling or part of it in which the burglary was committed, or to any building or part of a building containing the dwelling, was obtained by force or deception or by the use of any tool, key or appliance, except where any person in the dwelling was subjected to violence or the threat of violence ;

(b)handling stolen goods from an offence not committed in the United Kingdom.

21Uttering any forged document the forgery of which is an offence mentioned in this Schedule.

22Aiding, abetting, counselling or procuring the commission of any offence mentioned in the preceding paragraphs of this Schedule except paragraph 19.

23Attempting to commit any offence mentioned in the preceding paragraphs of this Schedule except paragraphs 19 and 22.

24Any offence consisting in the incitement to commit an offence mentioned in the preceding paragraphs of this Schedule except paragraphs 22 and 23.

Sections 16 and 28.

SCHEDULE 3Offences Triable Either Way by Virtue of Section 16(1) or (2)

1Offences at common law of public nuisance.

2Offences under section 8 of the [1751 c. 36.] Disorderly Houses Act 1751 (appearing to be keeper of bawdy house etc.).

3Offences consisting in contravention of section 13 of the [1835 c. 62.] Statutory Declaration Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).

4Offences under section 36 of the [1861 c. 97.] Malicious Damage Act 1861 (obstructing engines or carriages on railways).

5Offences under the following provisions of the [1861 c. 100.] Offences against the Person Act 1861—

(a)section 16 (threats to kill) ;

(b)section 20 (inflicting bodily injury, with or without a weapon) ;

(c)section 26 (not providing apprentices or servants with food etc.);

(d)section 27 (abandoning or exposing child) ;

(e)section 34 (doing or omitting to do anything so as to endanger railway passengers);

(f)section 36 (assaulting a clergyman at a place of worship etc.);

(g)section 38 (assault with intent to resist apprehension);

(h)section 47 (assault occasioning bodily harm—common assault);

(i)section 57 (bigamy);

(j)section 60 (concealing the birth of a child).

6Offences under section 20 of the [1868 c. 110.] Telegraph Act 1868 (disclosing or intercepting messages).

7Offences under section 13 of the [1869 c. 62.] Debtors Act 1869 (transactions intended to defraud creditors).

8Offences under section 5 of the [1875 c. 25.] Public Stores Act 1875 (obliteration of marks with intent to conceal).

9Offences under section 12 of the [1882 c. 37.] Corn Returns Act 1882 (false returns).

10Offences under section 22 of the [1882 c. 56.] Electric Lighting Act 1882 (injuring works with intent to cut off electricity supply).

11Offences under section 3 of the [1885 c. 49.] Submarine Telegraph Act 1885 (damaging submarine cables).

12Offences under section 13 of the [1891 c. 38.] Stamp Duties Management Act 1891 (offences in relation to dies and stamps).

13Offences under section 8(2) of the [1902 c. 8.] Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).

14All offences under the [1911 c. 6.] Perjury Act 1911 except offences under—

(a)section 1 (perjury in judicial proceedings);

(b)section 3 (false statements etc. with reference to marriage);

(c)section 4 (false statements etc. as to births or deaths).

15The following offences under the [1913 c. 27.] Forgery Act 1913—

(a)offences under paragraph (a) of section 2(2) (forgery of valuable security etc.) in relation to—

(i)any document being an accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal; or

(ii)any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels, where the amount of money or the value of the goods or chattels does not exceed £1,000 ;

(b)offences under section 4 (forgery of documents in general); and

(c)offences under paragraph (a) of section 7 (demanding property on forged documents), where the amount of the money or the value of the property in respect of which the offence is committed does not exceed £1,000.

16Offences under section 17 of the [1914 c. 47.] Deeds of Arrangement Act 1914 (trustee making preferential payments).

17Offences under section 3(4) of the [1919 c. 51.] Checkweighing in Various Industries Act 1919 (false statements).

18Offences under section 8(2) of the [1920 c. 41.] Census Act 1920 (disclosing census information).

19Offences under section 36 of the [1925 c. 86.] Criminal Justice Act 1925 (forgery of passports etc.).

20Offences under section 11 of the [1928 c. 43.] Agricultural Credits Act 1928 (frauds by farmers).

21Offences under the following provisions of the [1936 c. 16.] Coinage Offences Act 1936—

(a)section 4(1) (defacing coins);

(b)section 5(1) (uttering counterfeit coin);

(c)section 5(2) (uttering counterfeit gold or silver coin);

(d)section 5(3) (possession of counterfeit gold or silver coin);

(e)section 5(4) (possession of counterfeit copper coin);

(f)section 5(6) (uttering coins etc. as gold or silver coins);

(g)section 7 (importing and exporting counterfeit coin);

(h)section 8 (making, possessing or selling medals resembling gold or silver coin).

22Offences under the following provisions of the [1953 c. 36.] Post Office Act 1953—

(a)section 53 (unlawfully taking away or opening mail bag);

(b)section 55 (fraudulent retention of mail bag or postal packet);

(c)section 57 (stealing, embezzlement, destruction etc. by officer of Post Office of postal packet) ;

(d)section 58 (opening or delaying of postal packets by officers of the Post Office).

23Offences under the following provisions of the [1956 c. 69.] Sexual Offences Act 1956—

(a)section 6 (unlawful sexual intercourse with a girl under 16);

(b)section 13 (indecency between men) ;

(c)section 26 (permitting a girl under 16 to use premises for sexual intercourse).

24Offences under section 3(1) of the [1964 c. 87.] Shipping Contracts and Commercial Documents Act 1964 (offences), so far as it relates to the contravention of any direction under that Act.

25Offences under section 24B(7) of the [1967 c. 29.] Housing Subsidies Act 1967 (failure to notify lender that residence condition not fulfilled or ceased to be fulfilled).

26The following offences under the [1967 c. 58.] Criminal Law Act 1967—

(a)offences under section 4(1) (assisting offenders); and

(b)offences under section 5(1) (concealing arrestable offences and giving false information),

where the offence to which they relate is triable either way.

27Offences under section 4(1) of the [1967 c. 60.] Sexual Offences Act 1967 (procuring others to commit homosexual acts).

28All indictable offences under the [1968 c. 60.] Theft Act 1968 except:—

(a)robbery, aggravated burglary, blackmail and assault with intent to rob;

(b)burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment;

(c)burglary in a dwelling if any person in the dwelling was subjected to violence or the threat of violence.

29Offences under the following provisions of the [1971 c. 48.] Criminal Damage Act 1971—

• section 1(1) (destroying or damaging property);

• section 1(1) and (3) (arson);

• section 2 (threats to destroy or damage property);

• section 3 (possessing anything with intent to destroy or damage property).

30Offences in relation to stamps issued for the purpose of national insurance under the provisions of any enactments as applied to those stamps.

31Uttering any forged document the forgery of which is an offence listed in this Schedule.

32Committing an indecent assault upon a person whether male or female.

33Aiding, abetting, counselling or procuring the commission of any offence listed in the preceding paragraphs of this Schedule except paragraph 26.

34Attempting to commit an offence triable either way except an offence mentioned in paragraph 26 or 33 above.

35Any offence consisting in the incitement to commit an offence triable either way except an offence mentioned in paragraph 33 or 34 above.

Section 23.

SCHEDULE 4Offences for which the value involved is relevant to the mode of trial

Section 28.

SCHEDULE 5Alteration of Penalties on Summary Conviction of Certain Offences Triable Either Way

1(1)The [1971 c. 38.] Misuse of Drugs Act 1971 shall be amended as follows—

(a)in section 26(3) (which makes provision in relation to the penalties for certain offences under the [1952 c. 44.] Customs and Excise Act 1952 where a Class C drug is involved), for the words from " as if " onwards there shall be substituted " as if for the words from ' shall be liable ' to ' or to both' there were substituted the following words, that is to say—

‘' shall be liable—

(a)on summary conviction, to a penalty of three times the value of the goods or £500, whichever is the greater, or to imprisonment for a term not exceeding 3 months, or to both ;

(b)on conviction on indictment, to a pecuniary penalty of such amount as the court may determine, or to imprisonment for a term not exceeding five years, or to both',

so however that nothing in this subsection shall be taken to affect the liability of any person to detention under the said section 45(1), 56(2) or 304.’;

(b)in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in sub-paragraph (2)(b) below, for " 6 months or £200, or both" there shall be substituted " 3 months or £500 or both "; and

(c)in the entry in Schedule 4 relating to section 5(2)—

(i)for " 6 months or £400, or both " (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted " 3 months or £500, or both "; and

(ii)for " 6 months or £200, or both " (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted " 3 months or £200, or both ".

(2)The offences to which (as provided in section 28(8) above) section 28(2) above does not apply are—

(a)offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug ;

(b)offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i)section 4(2) (production, or being concerned in the production, of a controlled drug);

(ii)section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii)section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv)section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v)section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or

(vi)section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs);

(c)offences under the following provisions of the [1952 c. 44.] Customs and Excise Act 1952, where the controlled drug constituting the goods in respect of which the offence was committed was a Class C drug, namely—

(i)section 45(1) (improper importation) ;

(ii)section 56(2) (improper exportation);

(iii)section 304 (fraudulent evasion of prohibition or restriction affecting goods).

(3)In this paragraph " controlled drug ", " Class B drug" and " Class C drug" have the same meaning as in the [1971 c. 38.] Misuse of Drugs Act 1971.

2In Schedule 4 to the [1972 c. 20.] Road Traffic Act 1972 (prosecution and punishment of offences), in the entries relating to section 2 (reckless driving) and section 99(b) (driving while disqualified), for the punishment specified in column 4 in relation to an offence punishable summarily there shall in each case be substituted the words " 6 months or the prescribed sum (within the meaning of section 28 of the Criminal Law Act 1977 or, in Scotland, of section 289B of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975) or both. ".

Section 31.

SCHEDULE 6Increase of fines for certain summary offences

Section 40.

SCHEDULE 7Transfer of fine Orders

England and Wales

1For sections 72A and 72B of the [1952 c. 55.] Magistrates' Courts Act 1952 there shall be substituted:—

“72ATransfer of fines to Scotland or Northern Ireland.

(1)Where a magistrates' court has, or is treated by any enactment as having, adjudged a person by a conviction to pay a sum, and it appears to the court that he is residing—

(a)within the jurisdiction of a court of summary jurisdiction in Scotland, or

(b)in any petty sessions district in Northern Ireland,

the court may order that payment of the sum shall be enforceable by that court of summary jurisdiction or, as the case may be, in that petty sessions district.

(2)An order under this section shall specify the court of summary jurisdiction by which or petty sessions district in which payment of the sum in question is to be enforceable ; and if—

(a)that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and

(b)payment is to be enforceable in Scotland,

the court to be so specified shall be the sheriff court.

(3)Where an order is made under this section with respect to any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable.

72BTransfer of fines from Scotland or Northern Ireland.

(1)Where a transfer of fine order under section 403 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 or section 104A of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 provides that payment of a sum shall be enforceable in a specified petty sessions area in England and Wales, a magistrates' court acting for that area, and the clerk of that court, shall, subject to the provisions of this section, have all the like functions under this Part of this Act in respect of the sum (including power to make an order under section 72 or section 72A of this Act) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1975 or, as the case may be, 1964 in respect of the sum before the making of the transfer of fine order had been made by that court.

(2)For the purpose of determining the period of imprisonment which may be imposed under this Act in default of payment of a fine originally imposed by a court in Scotland, Schedule 3 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 407(1) of the Criminal Procedure (Scotland) Act 1975.

(3)Where a transfer of fine order under section 403 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 or section 104A of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 provides for the enforcement in a petty sessions area in England and Wales of a fine originally imposed by the Crown Court, a magistrates' court acting for that area shall have all the like functions under this Part of this Act, exercisable subject to the like restrictions, as if it were the magistrates' court by which payment of the fine fell to be enforced by virtue of section 32(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973, and as if any order made under the said Act of 1975 or, as the case may be, 1964 in respect of the fine before the making of the transfer of fine order had been made by that court.”.

Scotland

2(1)Section 403 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 shall be amended as follows.

(2)In subsection (1)—

(a)at the end of paragraph (b) there shall be inserted the words— “, or

(c)in any petty sessions district in Northern Ireland,”;

(b)the words " if no term of imprisonment has been fixed by the court in default of payment of the fine " shall be omitted ; and

(c)after " petty sessions area " there shall be inserted the words " or petty sessions district " .

(3)In subsection (2) after the words " petty sessions area " there shall be inserted the words " or petty sessions district ".

(4)In subsection (4)—

(a)for the words from " within " to " [1952 c. 55.] Magistrates' Courts Act 1952" there shall be substituted the words " under this section, section 72A of the Magistrates' Courts Act 1952 or section 104A of the Magistrates' Courts Act (Northern Ireland) 1964 "; and

(b)for the words " or the said Act of 1952 " there shall be substituted the words " , the said Act of 1952 or the said Act of 1964 ".

(5)Subsection (5) shall cease to have effect.

(6)In subsection (6) after the words " section 72A of the Magistrates' Courts Act 1952" there shall be inserted the words " section 104A of the Magistrates' Courts Act (Northern Ireland) 1964 ".

Northern Ireland

3After section 104 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 there shall be inserted :—

“104APower to order transfer of fines.

(1)Where a magistrates' court has, or is treated by any statutory provision as having, adjudged a person by a conviction to pay a sum and it appears to the court that he is residing—

(a)in any petty sessions area in England and Wales, or

(b)within the jurisdiction of a court of summary jurisdiction in Scotland,

the court may order that payment of the sum shall be enforceable in that petty sessions area or, as the case may be, by that court of summary jurisdiction.

(2)An order under this section shall specify the petty sessions area in which or the court by which payment of the sum in question is to be enforceable ; and if—

(a)that sum is more than £100 or is a fine originally imposed by the Crown Court or the sheriff court, and

(b)payment is to be enforceable in Scotland,

the court to be so specified shall be the sheriff court.

(3)Where an order is made under this section with respect to any sum, any functions under any statutory provision relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or by the clerk of that court shall cease to be so exercisable.

104BTransfer of fines from elsewhere in United Kingdom.

(1)Where a transfer of fine order under section 72A of the [1952 c. 55.] Magistrates' Courts Act 1952 or section 403 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 provides that payment of a sum shall be enforceable in a petty sessions district in Northern Ireland, a court of summary jurisdiction acting for that district and the clerk of that court shall, subject to subsection (2), have all the like functions under any statutory provision in respect of the sum (including power to make an order under section 104A) as if the sum were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1952 or, as the case may be, 1975 in respect of the sum before the making of the transfer of fine order had been made by that court.

(2)Where a transfer of fine order under section 72A of the Magistrates' Courts Act 1952 or section 403 of the Criminal Procedure (Scotland) Act 1975 provides for the enforcement of a fine originally imposed by the Crown Court, the term of imprisonment which may be imposed under this Act shall be—

(a)the term fixed in pursuance of section 31 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 by the Crown Court, or

(b)a term which bears the same proportion to the term so fixed as the amount of the fine remaining due bears to the amount imposed by that court,

notwithstanding that the term exceeds the period applicable to the case under Schedule 4.”.

Section 41.

SCHEDULE 8Transfer of Remand Hearings

1A court which, on adjourning a case, makes an order under section 41(1) above is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.

2Where an order under subsection (1) of section 41 above is made in the course of proceedings which, for the purposes of section 3 of the [1967 c. 80.] Criminal Justice Act 1967 (reporting restrictions and their removal), are committal proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.

3A court making an order under subsection (1) of section 41 above or remanding the accused under subsection (4) shall at once notify the court before which the accused is to be brought as to the terms of the order or remand.

4A person to whom an order under section 41(1) above applies shall, if released on bail, be bailed to appear before the court which made the order.

5Section 41 above and this Schedule have effect notwithstanding anything in sections 6 and 14 of the [1952 c. 55.] Magistrates' Courts Act 1952 or section 19(4) above.

Section 47.

SCHEDULE 9Matters ancillary to Section 47

Probation orders

1Where a court makes an order under section 47 (1) above with respect to a sentence of imprisonment, it shall not make a probation order in the offender's case in respect of another offence of which he is convicted by or before that court, or for which he is dealt with by that court.

Courts competent to restore sentence held in suspense

2(1)In relation to a sentence of imprisonment part of which is held in suspense, the courts competent under section 47(3) above are—

(a)the Crown Court; and

(b)where the sentence was passed by a magistrates' court, any magistrates' court before which the offender appears or is brought.

(2)Where an offender is convicted by a magistrates' court of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the whole period of a sentence passed by the Crown Court with an order under section 47(1) above—

(a)it may, if it thinks fit, commit him in custody or on bail to the Crown Court; and

(b)if it does not, it shall give written notice of the conviction to the appropriate officer of that court.

(3)For the purposes of this and the next following paragraph, a sentence of imprisonment passed on an offender with an order under section 47(1) above shall be treated as having been passed (with such an order) by the court which originally sentenced him.

Recall of offender on re-conviction

3(1)If it appears to the Crown Court, where that court has jurisdiction in accordance with sub-paragraph (2) below, or to a justice of the peace having jurisdiction in accordance with that sub-paragraph that an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the whole period of a sentence passed with an order under section 47(1) above and that he has not been dealt with in respect of the part of the sentence held in suspense, that court or justice may, subject to the following provisions of this paragraph, issue a summons requiring the offender to appear at the place and time specified therein, or a warrant for his arrest.

(2)Jurisdiction for the purposes of sub-paragraph (1) above may be exercised—

(a)if the sentence was passed by the Crown Court, by that court;

(b)if it was passed by a magistrates' court, by a justice acting for the area for which that court acted.

(3)Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the whole period of a sentence passed in England and Wales with an order under section 47(1) above, the court shall give written notice of the conviction to the appropriate officer of the court by which the original sentence was passed.

(4)Unless he is acting in consequence of a notice under sub-paragraph (3) above, a justice of the peace shall not issue a summons under this paragraph except on information and shall not issue a warrant under this paragraph except on information in writing and on oath.

(5)A summons or warrant issued under this paragraph shall direct the offender to appear or to be brought before the court by which the original sentence of imprisonment was passed.

Miscellaneous (procedural)

4Where the offender is before the Crown Court with a view to the exercise by that court of its powers under section 47(3) above, any question whether and, if so, when he has been convicted of an offence shall be determined by the court and not by the verdict of a jury.

5Where the offender has been before a court with a view to its exercising those powers, the appropriate officer shall—

(a)if the court decided not to exercise the powers, record that fact; and

(b)whether or not it exercised them, notify the appropriate officer of the court which passed the original sentence as to the manner in which the offender was dealt with.

6For the purposes of any enactment conferring rights of appeal in criminal cases, the restoration by a court under section 47(3) above of a part of a sentence held in suspense shall be treated as a sentence passed on the offender by that court for the original offence, that is to say the offence for which the original sentence was passed with an order under section 47(1) above.

Miscellaneous (consequential)

7Where a sentence of imprisonment is passed with an order under section 47(1) above, it is still to be regarded for all purposes as a sentence of imprisonment for the term stated by the court, notwithstanding that part of it is held in suspense by virtue of the order; and, for the avoidance of doubt, a sentence of which part is held in suspense by virtue of such an order is not to be regarded as falling within the expression " suspended sentence " for the purposes of any legislation, instrument or document.

8Where an offender is sentenced to imprisonment with an order under section 47 above and, having served part of the sentence in prison, is discharged under section 25(1) of the [1952 c. 52.] Prison Act 1952 (remission for industry and good conduct), the remainder of the sentence being held in suspense, the sentence is not to be regarded as expiring under that section.

9In section 21 of the [1968 c. 27.] Firearms Act 1968 (prohibition on possession of firearms by persons previously convicted of crime), after subsection (2) there shall be inserted—

“(2A)For the purposes of subsection (2) above, 'the date of his release', in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977, is the date on which he completes service of so much of the sentence as was by that order required to be served in prison”.

10In section 67 of the [1967 c. 80.] Criminal Justice Act 1967 (computation of sentence where offender has been previously in custody), in subsection (1), after " arose, but" there shall be inserted " (a) " , and at the end of that subsection there shall be inserted—

“(b)in the case of a person sentenced to imprisonment with an order under section 47 of the Criminal Law Act 1977, this subsection operates to reduce the part of the sentence ordered to be served in prison, but not any part held in suspense and restored under subsection (3) of that section”.

11In section 1 of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 (general principle as to rehabilitation when conviction is spent), after 'subsection (2) there shall be inserted—

“(2A)Where in respect of a conviction a person has been sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977, he is to be treated for the purposes of subsection (2) above as having served the sentence as soon as he completes service of so much of the sentence as was by that order required to be served in prison”.

Section 56.

SCHEDULE 10New Section to be Substituted for s.20 of [1926 c. 59.] Coroners (Amendment) Act 1926

20Adjournment of inquest in cases of murder, manslaughter, infanticide or aiding etc. suicide, or at request of D.P.P.

(1)If on an inquest touching a death the coroner before the conclusion of the inquest—

(a)is informed by the clerk of a magistrates' court in pursuance of subsection (8) below that some person has been charged before a magistrates' court with—

(i)the murder, manslaughter or infanticide of the deceased ; or

(ii)an offence under section 1 of the [1972 c. 20.] Road Traffic Act 1972 committed by causing the death of the deceased ; or

(iii)an offence under section 2(1) of the [1961 c. 60.] Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of the deceased ; or

(b)is informed by the Director of Public Prosecutions that some person has been charged before examining justices with an offence (whether or not involving the death of a person other than the deceased) alleged to have been committed in circumstances connected with the death of the deceased, not being an offence within paragraph (a)(1), (ii) or (iii) above, and is requested by the Director to adjourn the inquest,

then, subject to subsection (2) below, the coroner shall, in the absence of reason to the contrary, adjourn the inquest until after the conclusion of the relevant criminal proceedings and, if a jury has been summoned, may, if he thinks fit, discharge them.

(2)The coroner—

(a)need not adjourn the inquest in a case within subsection (1)(a) above if, before he has done so, the Director of Public Prosecutions notifies him that adjournment is unnecessary ; and

(b)may in any case resume the adjourned inquest before the conclusion of the relevant criminal proceedings if notified by the Director that it is open to him to do so.

(3)After the conclusion of the relevant criminal proceedings, or on being notified as mentioned in subsection (2)(b) above before their conclusion, the coroner may, subject to the following provisions of this section, resume the adjourned inquest if in his opinion there is sufficient cause to do so.

(4)Where a coroner adjourns an inquest in compliance with subsection (1) above, he shall furnish the registrar of deaths with a certificate under his hand stating the particulars which under the [1953 c. 20.] Births and Deaths Registration Act 1953 are required to be registered concerning the death, so far as they have been ascertained at the date of the certificate; and the registrar shall enter the death and particulars in the form and manner prescribed by regulations under that Act.

(5)Where a coroner does not resume an inquest which he has adjourned in compliance with subsection (1) above, he shall (without prejudice to subsection (4) above) furnish the registrar of deaths with a certificate under his hand stating the result of the relevant criminal proceedings.

(6)Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above and for that purpose summons a jury (but not where he resumes without a jury, or with the same jury as before the adjournment), he shall proceed in all respects as if the inquest had not previously been begun, and, subject to subsection (7) below, the provisions of this Act shall apply accordingly as if the resumed inquest were a fresh inquest, except that it shall not be obligatory on him to view the body.

(7)Where a coroner resumes an inquest which has been adjourned in compliance with subsection (1) above—

(a)the finding of the inquest as to the cause of death must not be inconsistent with the outcome of the relevant criminal proceedings ;

(b)the coroner shall, after the termination of the inquest, furnish the registrar of deaths with a certificate under his hand stating the result of the relevant criminal proceedings ; and

(c)the provisions of paragraph (3) of section 18 of the [1887 c. 71.] Coroners Act 1887 and section 23(1) of the Births and Deaths Registration Act 1953 (duty of coroner to send registrar certificate containing information as to death and finding of inquest) shall not apply in relation to that inquest.

(8)Where a person is charged before a magistrates' court with murder, manslaughter or infanticide or an offence under section 1 of the [1972 c. 20.] Road Traffic Act 1972 (causing death by reckless driving) or an offence under section 2(1) of the [1961 c. 60.] Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of another, the clerk of the court shall inform the coroner who is responsible for holding an inquest upon the body of the making of the charge and of the result of the proceedings before that court.

(9)Where a person charged with murder, manslaughter or infanticide or an offence under section 1 of the [1972 c. 20.] Road Traffic Act 1972 (causing death by reckless driving) or an offence under section 2(1) of the [1961 c. 60.] Suicide Act 1961 consisting of aiding, abetting, counselling or procuring the suicide of another, is committed for trial to the Crown Court, the appropriate officer of the Crown Court at the place where the person charged is tried shall inform the coroner of the result of the proceedings before that court.

(10)Where the Director of Public Prosecutions has in pursuance of paragraph (b) of subsection (1) above requested a coroner to adjourn an inquest, then, whether or not the inquest is adjourned as a result, the Director shall inform the coroner of the result of the proceedings before the magistrates' court in the case of the person charged as mentioned in that paragraph and, if that person is committed for trial to the Crown Court, shall inform the coroner of the result of the proceedings before that court

(11)In this section " the relevant criminal proceedings " means the proceedings before examining justices and before any court to which the person charged is committed for trial.

Section 63.

SCHEDULE 11Amendments of [1975 c. 21.] Criminal Procedure (Scotland) Act 1975

1There shall be inserted after section 193 a new section as follows—

“193AFines on conviction on indictment to be without limit.

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

2There shall be inserted after section 283 a new section as follows—

“283AOffences which are to become triable only summarily.

(1)The provisions of this or any other enactment notwithstanding, the offences mentioned (and broadly described) in column 1 of Schedule 7A to this Act shall be triable only summarily.

(2)Subsection (1) above is without prejudice to any other provision by virtue of which any offence is triable only summarily.”.

3(1)In section 284(b), for "£100" there shall be substituted " £200 ".

(2)In section 284(c), for " £100" there shall be substituted " £200 ".

4(1)In section 289(a), for " £150 " there shall be substituted " the prescribed sum (within the meaning of section 289B below) ".

(2)In section 289(b) for " £150" there shall be substituted " the prescribed sum (within the meaning of section 289B below) ".

5There shall be inserted after section 289 new sections as follows—

“289AAmendments relating to penalties (and mode of trial) for offences made triable only summarily.

(1)The enactments specified in column 2 of Schedule 7A to this Act (which relate to the modes of trial of, and the maximum penalties for, the offences which are by section 283A of this Act made triable only summarily) shall so far as they relate to Scotland have effect subject to the amendments specified in column 3 of that Schedule.

(2)The said amendments have the effect of altering the maximum penalties available on summary conviction of those offences 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.

289BPenalties on summary conviction for offences triable either summarily or on indictment.

(1)Where any offence created by a relevant enactment may by virtue of that enactment be tried either on indictment or summarily, the maximum fine if it is tried summarily shall be the prescribed sum (unless the offence is one for which by virtue of some other enactment a larger fine may be imposed on summary conviction).

(2)Where, by virtue of a relevant enactment, a person summarily convicted of any offence to which subsection (1) above relates would, apart from this section, be liable to a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

(3)Subsection (1) 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.

(4)Where, as regards any offence to which subsection (1) above relates, there is under any enactment (in what-ever words) a power by subordinate instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence—

(a)subsection (1) above shall not affect that power or override any restriction imposed in exercise of that power ; and

(b)the amount to which that fine may be restricted in exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed.

(5)Where there is under a relevant enactment (in whatever words) a power by subordinate instrument to create a criminal offence—

(a)the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of such an offence, when that offence may be tried either on indictment or summarily, shall by virtue of this subsection be the prescribed sum unless some larger maximum fine can be authorised on summary conviction in respect of such an offence by virtue of an enactment other than this subsection ; and

(b)subsection (1) above shall not override any restriction imposed in the exercise of that power on the amount of the fine which on summary conviction can be imposed in respect of an offence created in the exercise of the power.

(6)In this section—

• ' the prescribed sum ' means £1,000 or such sum as is for the time being substituted in this definition by an order in force under section 289D(1) below;

• ' relevant enactment ' means an enactment contained in the Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same Session as, that Act.

(7)Schedule 7B to this Act shall have effect for the purpose of altering the penalties available on summary conviction of the offences therein mentioned ; and subsection (1) above shall not apply on summary conviction of any of the offences mentioned in paragraph 1(2) of the said Schedule 7B.

289CIncrease of fines for certain summary offences.

(1)The enactments specified in column 2 of Schedule 7C 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 203 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (offences against byelaws) but (the provisions of section 462(11) of this Act notwithstanding) not that section as applied to byelaws made under any provision contained in a local or private Act other than by a local authority; and

(b)paragraph 5 of Schedule 6 to the [1963 c. 31.] Weights and Measures Act 1963 (byelaws about solid fuel), including that paragraph as extended to wood fuel by paragraph 4 of Part IV of Schedule 7 to that Act.

(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 by virtue of any enactment to which subsection (2) above applies ; 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).

(4)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).

(5)Every enactment to which subsection (4) 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.

(6)Where, by virtue of any enactment to which subsection (4) above applies by virtue of paragraph (a) of that subsection, a person convicted of a summary offence would, apart from this section, be liable to a fine, or maximum fine, of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions.

(7)Subsection (5) 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.

(8)In subsection (4) 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.

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

289DPower to alter sums specified in certain provisions.

(1)If it appears to the Secretary of State that there has been a change in the value of money since the last occasion when the prescribed sum (within the meaning of section 289B above) was fixed (whether by the coming into force of a provision of this Act or by order under this subsection), the Secretary of State may by order substitute for that sum such other sum as appears to him justified by the change.

(2)Where it appears to the Secretary of State that the difference between a sum to which subsection (3) below applies and the prescribed sum (within the meaning of section 289B above) has been or would be altered or eliminated by an order made or proposed to be made under subsection (1) above, he may by order amend the enactment specifying the first-mentioned sum so as to substitute for that sum such other sum as appears to him to be justified by a change in the value of money appearing to him to have taken place between—

(a)the last occasion on which the sum in question was fixed ; and

(b)the making of the order or proposed order under subsection (1) above.

(3)This subsection applies to any sum specified in any enactment contained in the Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same Session as, that Act as—

(a)the maximum fine which may be imposed on summary conviction of an offence triable either summarily or on indictment;

(b)the maximum fine which, in the exercise of any power by subordinate instrument to impose penal provisions, may be authorised on summary conviction in respect of an offence triable either summarily or on indictment; or

(c)the maximum amount of caution which an accused may be ordained to find under section 284(c) above.

(4)An order under subsection (1) or (2) above—

(a)shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder ; and

(b)without prejudice to Schedule 14 to the Criminal Law Act 1977, shall not affect the punishment for an offence committed before that order comes into force.”.

6In section 312(z) for " £10 " there shall be substituted " £25 ".

7For section 394(b) there shall be substituted the following paragraph—

“(b)to substitute for imprisonment a fine which in the case of an offence triable either summarily or on indictment shall not exceed the prescribed sum (within the meaning of section 289B above), and in the case of an offence triable only summarily shall not exceed £200 (in either case, with or without caution for good behaviour, not exceeding the amount and the period competent under this Part of this Act):”.

8In section 397(1) for the words " or under section 72A of the [1952 c. 55.] Magistrates' Courts Act 1952 " there shall be substituted the words " , under section 72A of the Magistrates' Courts Act 1952 or under section 104A of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 ".

9In section 414(1) after the word " convicted " there shall be inserted the words " summarily by a sheriff or stipendiary magistrate ".

10In section 462, in the interpretation of " fine " there shall be inserted after the word " includes " the words " (a) any pecuniary penalty, and (b) ".

11There shall be inserted a new Schedule 7A, which shall be identical with Schedule 1 to this Act, except that—

(a)items 4, 6, 7, 8 and 18 shall be deleted ; and

(b)the items set out in the following table shall be inserted as there indicated ; and

(c)the items shall be renumbered accordingly.

Table After item 5:—

After item 21:—

12There shall be inserted a new Schedule 7B which shall be identical with Schedule 5 to this Act except that—

(a)the words " Triable Either Way " in the heading shall be omitted; and

(b)in paragraph 1(2), for the words from the beginning to "does not apply" there shall be substituted the words " The offences to which (as provided in section 289B(7) above) section 289B(1) does not apply ".

13There shall be inserted a new Schedule 7C which shall be identical with Schedule 6 to this Act except that the items relating to the following enactments shall be deleted—

• Metropolitan Police Act 1839

• Offences against the Person Act 1861

• Licensing Act 1872

• Licensing Act 1902

• Protection of Animals Act 1911

• Children and Young Persons Act 1933

• Public Health Act 1936

• Education Act 1944

• Water Act 1945

• sections 37(1) and 40(3) of the National Assistance Act 1948

• Children Act 1948

• Midwives Act 1951

• sections 8 and 9 of the Pests Act 1954

• Food and Drugs Act 1955

• Nurses Act 1957

• Highways Act 1959

• Street Offences Act 1959

• Mental Health Act 1959

• Deer Act 1963

• Licensing Act 1964

• Police Act 1964

• Housing Act 1964

• Housing Act 1969

• Late Night Refreshment Houses Act 1969

• Nursing Homes Act 1975.

Section 65.

SCHEDULE 12Minor and Consequential Amendments

NIGHT POACHING ACT 1828 (c. 69)

1In 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 to a fine not exceeding £500, or to both " .

2In section 9 (entering land, with others, armed and for the purpose of taking or destroying 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)

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

ACCESSORIES AND ABETTORS ACT 1861 (c. 94)

In section 8 (abettors in misdemeanors), for " any misdemeanor " substitute " any indictable offence ",

and for " a misdemeanor" substitute " an offence ".

OFFENCES AGAINST THE PERSON ACT 1861 (c. 100)

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

“16Threats 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)

Section 7 (offence 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 reasonably believed to be public stores) shall cease to have effect.

EXPLOSIVE SUBSTANCES ACT 1883 (c. 3)

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 1887 (c. 71)

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)

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).

CRIMINAL JUSTICE ACT 1948 (c. 58)

1Section 19 (attendance at an attendance centre) shall be amended as follows.

2In subsection (3) (power to discharge or vary an order for attendance at a centre)—

(a)for the words from the beginning to " acts " (which restrict jurisdiction under the subsection to the court which made the order or a justice acting for the same petty sessional division or place as that court) substitute " A magistrates' court acting for the petty sessions area in which the attendance centre specified in an order made under subsection (1) of this section is situated " ; and

(b)omit " or justice " .

3In subsection (7) (power to deal with offender for failure to attend, or breach of rules while attending, at centre)—

(a)for "the petty sessional division or place for which the court which made the order acts" substitute " the petty sessions area in which the attendance centre specified in the order is situated "; and

(b)for the words from " a court" to " the justice acts" substitute " a magistrates' court acting for that area ".

REPRESENTATION OF THE PEOPLE ACT 1949 (c. 68)

In section 149(9) (procedure where person prosecuted before an election court subsequently attends or is brought before a magistrates' court)—

(a)in paragraph (b), for " hear " substitute " try "; and

(b)after that paragraph add " and sections 19 to 26 of the Criminal Law Act 1977 shall (in either case) not apply. ".

PRISON ACT 1952 (c. 52)

1In section 45, as amended by Schedule 4 to the [1961 c. 39.] Criminal Justice Act 1961 (release of persons sentenced to Borstal training), substitute " one year "for " two years "—

(a)in subsection (3) (where those words give the period of supervision after release);

(b)in the first place where they occur in subsection (4) (where they give the period of liability to recall) ; and

(c)wherever they occur in the proviso to subsection (4).

2Paragraph 1 above shall not apply in relation to a person sentenced to Borstal training whose original release from a Borstal institution occurred before the coming into force of this paragraph.

MAGISTRATES' COURTS ACT 1952 (c. 55)

1In section 2 (jurisdiction to deal with charges)—

(a)in subsection (4) jurisdiction of magistrates' court to try an indictable offence summarily), for the words from the beginning to " indictable offence " substitute—

“(4)Subject to sections 19 to 23 of the Criminal Law Act 1977 and any other enactment (in that Act or elsewhere) relating to the mode of trial of offences triable either way, a magistrates' court shall have jurisdiction to try summarily an offence triable either way”; and

(b)after subsection (4) insert—

“(4A)A magistrates' court shall, in the exercise of its powers under section 6 of the [1969 c. 54.] Children and Young Persons Act 1969 (summary trial of young persons), have jurisdiction to try summarily an indictable offence in any case in which under subsection (3) above it would have jurisdiction as examining justices.”.

2In section 14(4), for the words from " if" to " examining justices " (which state the circumstances in which a court adjourning the trial of an information is obliged to remand the accused) substitute “if the offence is triable either way and—

(a)on the occasion on which the accused first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court ; or

(b)the accused has been remanded at any time in the course of proceedings on the information ;”.

3In section 22 (effect of dismissal of information for indictable offence), for the words from " that" to " only " substitute " triable either way ".

4In section 23 (using in summary trial evidence given before examining justices), for " the preceding provisions of this Act" substitute " section 25(3) or (7) of the Criminal Law Act 1977 " .

5In section 29 (committal for sentence for indictable offence tried summarily), for the words from the beginning to " indictable offence " substitute " Where on the summary trial of an offence triable either way (not being an offence as regards which this section is excluded by section 29 of the Criminal Law Act 1977) " .

6In section 35 (aiders and abettors), before the words "A person " insert " (1) " and at the end add—

“(2)Any offence consisting in aiding, abetting, counselling or procuring the commission of an offence triable either way (other than an offence listed in Schedule 3 to the Criminal Law Act 1977) shall by virtue of this subsection be triable either way.”.

7(1)In section 87(2) (time-limit of fourteen days for applying to magistrates' court to state a case) for " fourteen days " substitute " twenty-one days ".

(2)Sub-paragraph (1) above shall not apply in relation to a decision of a magistrates' court given before the coming into force of this paragraph.

8In section 98(3)(b) (requirements as to place of sitting of magistrates' court exercising certain functions) for " an offence that is not indictable " substitute " a summary offence " .

9In section 105(4) proviso (c) (power of magistrates' court to remand for more than eight days if not constituted or sitting in a place allowing it to proceed to summary trial of an offence triable either way), for the words from " on indictment " to " but" substitute " either way, then, if it falls to the court to try the case summarily but the court " .

10In section 108(2) (power of a magistrates' court to impose consecutive terms of imprisonment for an indictable offence tried summarily subject to an overall limit of 12 months), for the words " an indictable offence tried summarily under section 19 of this Act" substitute " an offence triable either way which was tried summarily otherwise than in pursuance of section 23(2) of the Criminal Law Act 1977 ".

11After section 130 insert—

“130AMagistrates' court may sit on Sundays public holidays.

It is hereby declared that a magistrates' court may sit on any day of the year, and in particular (if the court thinks fit) on Christmas Day, Good Friday or any Sunday.”.

12In Schedule 2 (corporations)—

(a)in paragraph 3, for sub-paragraph (b) (representative of corporation may consent or object to summary trial or claim trial by jury), substitute—

“(b)consent to the corporation being tried summarily.”;

(b)for paragraph 9 (corporation and individual jointly charged with corporation not to be tried summarily unless both consent or neither claims jury trial) substitute—

“9Where a corporation and an individual who has attained the age of seventeen are jointly charged before a magistrates' court with an offence triable either way, the court shall not try either of the accused summarily unless each of them consents to be so tried.”.

BIRTHS AND DEATHS REGISTRATION ACT 1953 (c.20)

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 [1926 c. 59.] 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)

1A 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 ".

2In paragraphs 17 and 18 of the said Part II (indecent assault)—

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

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

ADOPTION ACT 1958 (7 & 8 Eliz.2.c.5.)

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)

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

“Provided also that this subsection does not apply in relation to any article seized under subsection (1) of this section which is returned to the occupier of the premises or, as the case may be, to the user of the stall or vehicle in or on which it was found.”.

CRIMINAL JUSTICE ACT 1961 (c. 39)

1In section 12(1) (return to borstal institution on re-conviction) for paragraph (b) (which relates to the re-conviction of a person who has become unlawfully at large from such an institution and has not returned or been returned thereto) substitute—

“(b)being detained or liable to be detained in a borstal institution,”.

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

(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)In subsection (4) (prisoner transferred to any part of the United Kingdom to be treated as if sentenced by a court there), after " any part of the United Kingdom " insert " or to any of the Channel Islands or the Isle of Man ", and for " in that part of the United Kingdom " substitute " there ".

(4)In paragraphs (a) and (b) of subsection (6) (supervision on release otherwise than in place of sentence) after " United Kingdom " insert " or island " .

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

(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.

(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 ".

5In 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)

1In section 30(5), as inserted by paragraph 4 of Schedule 7 to the [1967 c. 54.] Finance Act 1967 (duty of clerk to licensing justices to send list to Collector of Customs and Excise within eight days of end of licensing sessions)—

(a)for " eight days " substitute " fourteen days "; and

(b)omit the words from " and the clerk " onwards (under which the clerk gets a fee for delivering a list of more than 25 names and commits an offence if he fails to comply with the subsection).

2In section 169 (serving or delivering intoxicating liquor to or for consumption by persons under 18)—

(a)in subsection (1) (which prohibits, in licensed premises, the licence holder or his servant from knowingly selling intoxicating liquor to a person under 18 or allowing such a person to consume it in a bar, and the licence holder from knowingly allowing any person to sell it to a person under 18), for " subsection (4)" substitute " subsections (4) and (10) "; and

(b)after subsection (9) add—

“(10)Where, as regards any licensed premises, the holder of the licence is charged with an offence under subsection (1) of this section in a case in which it is proved or admitted that he did not personally have the knowledge required for the commission of the offence charged, he shall not be convicted of the offence on the basis of another's knowledge if he proves that he exercised all due diligence to avoid the commission of an offence under that subsection.”

HOUSING ACT 1964 (c. 56)

In section 65, after subsection (1) (penalty for failure to comply with notice requiring execution of works under Part II of [1961 c. 65.] Housing 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 (b)."”

HOUSING (SCOTLAND) ACT 1966 (c. 49)

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)

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.”.

ROAD TRAFFIC REGULATION ACT 1967 (c. 76)

1In section 43(2) (penalty for contravention of designation order having effect by virtue of section 39(1)(a)) the words from "in the case of" to " carriageway" (the consequential omission of which was inadvertently not provided for in column 5 of Part II of Schedule 5 to the [1974 c. 50.] Road Traffic Act 1974) shall be omitted.

2In section 78A (exceeding a speed limit imposed by or under certain enactments), in subsection (3)—

(a)in paragraph (a), after " Act" insert " , except section 13(4); "; and

(b)in paragraph (c), after " 1960 " insert " (except section 13(4) of this Act).

3In subsection (5) of section 80 as amended by section 131(2) of the [1968 c. 73.] Transport Act 1968 (which provides for payment of a fixed penalty under section 80 to be made to such justices' clerk as may be prescribed)—

(a)for " prescribed" substitute " specified in the notice under subsection (2) above relating to that penalty ";

(b)for " the prescribed justices' clerk " substitute " the justices' clerk so specified "; and

(c)omit " by virtue of regulations made for the purposes of this subsection ".

4In section 92, for " [1954 c. 48.] Summary Jurisdiction (Scotland) Act 1954 " substitute " [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 ".

CRIMINAL JUSTICE ACT 1967 (c. 80)

1Section 3 (restrictions on reports of committal proceedings) shall be amended as follows—

(a)in subsection (1), for " subsections (2) and (3) " substitute " subsections (2), (3) and (8) " ;

(b)in subsection (3) (under which it is not unlawful to report, " as part of a report of a summary trial, so much of any committal proceedings as precedes a determination by the court to proceed to try the case summarily) for the words from " section 18 " to " 1969 " substitute " section 25(3) or (7) of the Criminal Law Act 1977 (power to change from committal proceedings to summary trial) " ;

(c)after subsection (7) add—

“(8)For the purposes of this section committal proceedings shall, in relation to an information charging an indictable offence, be deemed to include any proceedings in the magistrates' court before the court proceeds to inquire into the information as examining justices; but where a magistrates' court which has begun to try an information summarily discontinues the summary trial in pursuance of section 25(2) or (6) of the Criminal Law Act 1977 and proceeds to inquire into the information as examining justices, that circumstance shall not make it unlawful under this section for a report of any proceedings on the information which was published or broadcast before the court determined to proceed as aforesaid to have been so published or broadcast.”.

2In section 22, as amended by paragraph 37 of Schedule 2 to the [1976 c. 63.] Bail Act 1976, (extension of power of High Court to grant, or vary conditions of, bail)—

(a)in subsections (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 " .

3In 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.”

4(1)Section 24 (process for minor offences) shall be amended as follows.

(2)In subsection (3) (under which proceedings are void if the defendant makes a statutory declaration that he did not know of the proceedings until a date after the trial of the information was begun and that declaration is served on the clerk to the justices within fourteen days of that date) for " fourteen days " substitute " twenty-one days ".

(3)After subsection (4) (service of statutory declaration) insert—

“(4A)If, on the application of the defendant it appears to a magistrates' court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the defendant to serve such a statutory declaration as is mentioned in subsection (3) above within the period allowed by that subsection, the court may accept service of such a declaration by the defendant after that period has expired ; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.”.

(4)The preceding provisions of this paragraph shall not apply in relation to proceedings commenced before the corning into force of this paragraph.

5In section 44(5) (restrictions on magistrates' court's power to issue a warrant of commitment for a default in paying a sum adjudged to be paid by a conviction), for paragraph (b) substitute—

“(b)the court—

(i)is satisfied that the default is due to the offender's wilful refusal or culpable neglect; and

(ii)has considered or tried all other methods of enforcing payment of the sum and it appears to the court that they are inappropriate or unsuccessful. ”

6After section 44 insert as section 44A—

“44APower of magistrates' court to fix day for appearance of offender at means inquiry etc.

(1)Where under section 63(1) of the [1952 c. 55.] Magistrates' Courts Act 1952 a magistrates' court allows time for payment of a sum adjudged to be paid by a conviction of the court (' the adjudged sum'), the court may on that or any subsequent occasion fix a day on which, if any part of that sum remains unpaid on that day, the offender must appear in person before the court for either or both of the following purposes, namely—

(a)to enable an inquiry into his means to be made under section 44 of this Act;

(b)to enable a hearing required by subsection (6) of the said section 44 to be held.

(2)Except as provided in subsection (3) of this section, the power to fix a day under this section shall be exercisable only in the presence of the offender.

(3)Where a day has been fixed under this section, the court may fix a later day in substitution for the day previously fixed, and may do so—

(a)when composed of a single justice ; and

(b)whether the offender is present or not.

(4)Subject to subsection (5) of this section, if on the day fixed under this section—

(a)any part of the adjudged sum remains unpaid; and

(b)the offender fails to appear in person before the court,

the court may issue a warrant to arrest him and bring him before the court; and subsections (4) and (5) of section 70 of the [1952 c. 55.] Magistrates' Courts Act 1952 (execution of warrant for securing appearance of offender at means inquiry) shall apply in relation to a warrant issued under this section.

(5)Where under subsection (3) above a later day has in the absence of the offender been fixed in substitution for a day previously fixed under this section, the court shall not issue a warrant under this section unless it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that notice in writing of the substituted day was served on the offender not less than what appears to the court to be a reasonable time before that day.”.

7(1)Section 60 (release on licence of persons serving determinate sentences) shall be amended as follows.

(2)In subsection (3) (which by virtue of paragraph (b) provides for the release on licence of a person serving a sentence of imprisonment for a term of eighteen months or more who was under the age of twenty-one when the sentence was passed), at the end add—

“Provided that in England and Wales a person within paragraph (b) of this subsection shall not be released on licence by virtue of this subsection after he has attained the age of twenty-two.”.

(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 remission 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 of any part of the sentence under the rules.”.

(4)In subsection (6) (duration of 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.

8(1)Section 63 (supervision of young, short-term prisoners after release) shall be amended as follows.

(2)In subsection (1), for " shall be subject after his release from prison " substitute " shall, if released from prison before he has attained the age of twenty-two, be subject after his release ".

(3)After subsection (1) insert—

“(1A)A person who is under supervision as aforesaid by virtue of subsection (1) above at the time when he attains the age of twenty-two shall cease to be under supervision at that time, and accordingly, in their application to a person by virtue of that subsection, the provisions of the said Schedule 1 shall apply with the further modification that references to the period of twelve months from the date of his release shall be read as references to that period or the period from the date of his release to the date on which he attains the age of twenty-two, whichever is the shorter.”.

(4)In subsection (2), for " the foregoing subsection" substitute " subsection (1) of this section ".

(5)The preceding provisions of this paragraph shall not apply in relation to a person whose period of supervision under Schedule 1 to the [1961 c. 39.] Criminal Justice Act 1961 began before the coming into force of this paragraph.

9In section 91 (drunkenness in a public place) omit subsection (5).

COMPANIES ACT 1967 (c.81)

1In section 49(1) (certain offences to be triable summarily), after " triable " insert " only ".

2Paragraph 1 above shall be deemed to have had effect as from the passing of the [1967 c. 81.] Companies Act 1967.

FIREARMS ACT 1968 (c. 27)

For paragraph 3 of Part II of Schedule 6 (under which a person charged with an offence specified in Schedule 1 to the [1952 c. 55.] Magistrates' Courts Act 1952 and an offence under section 17(1) or (2) of the [1968 c. 27.] 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.”.

THEFT ACT 1968 (c. 60)

In section 28(1) (orders for the restitution of stolen goods), after " on the conviction " insert " (whether or not the passing of sentence is in other respects deferred) ".

GAMING ACT 1968 (c.65)

In section 8(7) (offences) for " section 67" substitute " section 68 ".

CHILDREN AND YOUNG PERSONS ACT 1969 (c. 54)

1(1)Section 12 (power to include requirements in supervision orders) shall be amended as follows.

(2)In subsection (2) (directions which order may empower supervisor to give), omit paragraph (a) (directions to live for a single period at a place specified by the supervisor) and for " paragraph (a) or (b) or paragraph (a) and (b) " substitute " paragraph (b) ".

(3)In subsection (3) (restrictions as to periods specified in supervisor's directions)—

(a)for paragraph (a) substitute—

“(a)the aggregate of the periods specified in directions given by virtue of that subsection shall not exceed ninety days or such shorter period, if any, as the order may specify for the purposes of this paragraph ;”;

(b)omit paragraphs (b), (c) and (d) and, in paragraph (e), the words from " and if " onwards.

2In 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).

3In section 15(1) (variation and discharge of supervision order where supervised person is under the age of eighteen) for the words from "twelve months" to "with that date" substitute " three months beginning with the date when the order was originally made ",

and omit " in either case ".

4In 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 ";

(b)for " that paragraph" substitute " each of those paragraphs ";

(c)for " section 15(4) " substitute " section 15(2A) or (4) ".

5In 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 ".

6Paragraphs 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 corning into force of those paragraphs.

ROAD TRAFFIC ACT 1972 (c. 20)

1In section 179 (restrictions on prosecutions for certain offences), in subsection (1) (offences to which section applies), after paragraph (a) insert—

“(aa)any offence under subsection (4) of section 13 of the [1967 c. 76.] Road Traffic Regulation Act 1967 (traffic regulation on special roads) consisting of failure to observe a speed limit imposed by regulations under that section ; and”.

2In Part I of Schedule 4 (prosecution and punishment of offences), in column 7 (additional provisions)—

(a)in the entry relating to section 3, for " 4 " substitute " 3A, 4, 5 " ;

(b)in the entry relating to section 18, after " paragraphs " insert " 3A ".

3(1)Part IV of Schedule 4 (supplementary provisions as to prosecution, trial and punishment of offences) shall be amended as follows.

(2)After paragraph 3 insert the following paragraph—

“3A(1)Where on a person's trial on indictment in England or Wales for an offence under section 1, 2, or 17 the jury find him not guilty of the offence specifically charged in the indictment, they may (without prejudice to section 6(3) of the [1967 c. 58.] Criminal Law Act 1967) find him guilty—

(a)if the offence so charged is an offence under section 1 or 2, of an offence under section 3 ; or

(b)if the offence so charged is an offence under section 17, of an offence under section 18.

(2)The Crown Court shall have the like powers and duties in the case of a person who is by virtue of this paragraph convicted before it of an offence under section 3 or 18 as a magistrates' court would have had on convicting him of that offence.

(3)In paragraph 5 (by virtue of which, on a prosecution on indictment for an offence to which section 179 does not apply, subsection (2) of that section does not prejudice any power of the jury to find him guilty of an offence under section 2)—

(a)(a) after " apply ", insert " or (if that section does not apply) as regards which the requirement of section 179(2) has been satisfied, or does not apply, ";

(b)after " section 2 ", add " or 3 ".”

FINANCE ACT 1972 (c. 41)

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.

CRIMINAL JUSTICE ACT 1972 (c. 71)

1In section 34(1) (power of constable to take drunken offender to a place approved by the Secretary of State as a medical treatment centre for alcoholics), omit " medical ".

2In section 41(4) (time-limit of fourteen days for the exercise of power of magistrates' court to re-open a case to rectify mistakes etc.) for " fourteen days " substitute " twenty-eight days ".

3Paragraph 2 above shall not apply in relation to sentences or other orders imposed or made, or findings of guilt pronounced, before the coming into force of this paragraph.

ADMINISTRATION OF JUSTICE ACT 1973 (c. 15)

1In 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, ".

2Paragraph 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)

1(1)Section 1 (deferment of sentence) shall be amended as follows.

(2)In subsection (2) (under which passing sentence may not be deferred for more than six months after the date of the conviction), for " of the conviction" substitute " on which the deferment is announced by the court ".

(3)After subsection (4) (power of deferring court to pass sentence on offender during period of deferment if he is convicted in Great Britain of another offence) insert—

“(4A)If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence (' the subsequent offence'), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, pass sentence on him for the first-mentioned offence or offences:

Provided that—

(a)the power conferred by this subsection shall not be exercised by a magistrates' court if the court which deferred passing sentence was the Crown Court; and

(b)the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates' court, shall not pass any sentence which could not have been passed by a magistrates' court in exercising it.”.

(4)In subsection (5) (summons to, or warrant for arrest of, offender where the passing of sentence has been deferred) for " it" substitute " or where the offender does not appear on the date so specified, the court ".

(5)For subsection (6) (which, where the trial of an information is adjourned by way of deferment under the section, excludes the obligation to remand the offender which would in certain circumstances be imposed by section 14(4) of the [1952 c. 55.] Magistrates' Courts Act 1952) substitute—

“(6)It is hereby declared that in deferring the passing of sentence under this section a magistrates' court is to be regarded as exercising the power of adjourning the trial which is conferred by section 14(1) of the [1952 c. 55.] Magistrates' Courts Act 1952, and that accordingly section 15 of that Act (non-appearance of the accused) applies (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.

(6A)Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.”.

(6)After subsection (7) add—

“(8)The power of a court under this section to pass sentence on an offender in a case where the passing of sentence has been deferred thereunder does not extend to committing him to another court for sentence but, subject to that, includes power to deal with him in any way in which the court which deferred passing sentence could have dealt with him.”.

2For 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.”.

3In 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. ".

4In section 15(2) (period within which work under a community service order is to be performed), at the end add " ; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it. ".

5In 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”.

6In section 49—

(a)in subsection (1), for "probation hostels and probation homes " substitute " and probation hostels " ;

(b)in subsection (2), for " approved probation hostels and approved probation homes" substitute " and approved probation hostels " .

7Section 50 (inspection of approved bail hostels and of non-approved institutions for residence of probationers) shall be amended as follows—

(a)in subsection (1) omit the words " Any approved bail hostel and ", and after " patient" insert " or in which a person is required to reside as a condition of bail granted to him " ;

(b)in subsection (2), after " apply to " insert " an approved bail hostel or ".

8Section 51 (expenses and grants) shall be amended as follows—

(a)in subsections (1)(a), (3)(e) and (4)(c), after " servants serving in " insert " approved bail hostels or ";

(b)in subsection (3)(b), for "probation hostels and probation homes " substitute " and probation hostels ".

9In section 57(1) (interpretation)—

(a)in the paragraph beginning with the words " ' approved probation hostel' ", for the words from the first " and " to "home approved" substitute " means a probation hostel approved " ; and

(b)in the paragraph beginning with the words "' probation hostel'", omit the words from " being persons who " onwards.

10Paragraph 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.

11(1)Schedule 3 (the probation and after-care service and its functions) shall be amended as follows.

(2)In paragraph 3(1)(b) (remuneration, allowances and expenses of probation officers), for " prescribed " substitute " determined by the Secretary of State under paragraph 18A below ".

(3)In paragraph 9 (selection of probation officer for probationer), omit the words from " or if " to "place" (which provide for the selected officer to be changed at the instance of the case committee).

(4)In paragraph 18(1)(b) (power to make rules prescribing conditions of service etc. of probation officers and others) omit " conditions of service ".

(5)At the end of paragraph 18 insert—

“Conditions of service of probation officers

18AThe conditions of service of probation officers and staff appointed under paragraph 10 above shall be such as the Secretary of State may from time to time determine.”.

(6)Any provision as to the conditions of service of probation officers or staff appointed under paragraph 10 of Schedule 3 which is made by any rules in force under paragraph 18(1) of that Schedule at the coming into force of sub-paragraphs (4) and (5) above shall have effect as if made by a determination of the Secretary of State under paragraph 18A of that Schedule, and shall accordingly be liable to alteration or cancellation by him by subsequent determination under the said paragraph 18A.

LEGAL AID ACT 1974 (c. 4)

1(1)Section 29 (circumstances in which legal aid may be ordered to be given) shall be amended as follows.

(2)In subsection (4) (which provides that before making a legal aid order for the giving of aid to any person, a court must require him to furnish a written statement of his means), at the end add " unless it appears to the court that he is by reason of his physical or mental condition incapable of doing so ".

(3)In subsection (5) (which modifies subsections (3) and (4) in their application to persons under the age of sixteen) for " for the word ' shall' in subsection (4) there were substituted the word ' may' " substitute " in subsection (4) for the word ' shall' there were substituted the word ' may' and the words from ' unless ' onwards were omitted ".

(4)After subsection (5) insert—

“(5A)Where a court makes a legal aid order for the giving of aid to a person who has attained the age of sixteen and does so without first requiring him to furnish such a statement as is mentioned in subsection (4) above because it appears to the court that he is by reason of his physical or mental condition incapable of doing so, then, if it subsequently appears to any court having power to make a legal aid contribution order under section 32 below in connection with that legal aid order that he has become capable of furnishing such a statement, that court may require him to furnish such a statement.”.

2In section 32 (power to order payment of contributions), after subsection (1) insert—

“(1A)If a person to whom legal aid has been ordered to be given by a legal aid order made in the circumstances mentioned in subsection (5A) of section 29 above has failed to furnish a statement which he was subsequently required to furnish in pursuance of that subsection in connection with the legal aid order, he may for the purposes of any order proposed to be made under this section in connection with the legal aid order be treated as having resources and commitments which are such that he may reasonably be ordered to pay the whole amount of the relevant costs.”.

JURIES ACT 1974 (c. 23)

In Schedule 1, in Group B (which disqualifies from jury service persons concerned with the administration of justice) for " Civilians employed for police purposes by a police authority" substitute " Civilians employed for police purposes under section 10 of the [1964 c. 48.] Police Act 1964 ".

HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)

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) ".

REHABILITATION OF OFFENDERS ACT 1974 (c. 53)

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 of the Criminal Law Act 1977) tried summarily in pursuance of subsection (2) of that section (summary trial where value involved is small); ".

ADOPTION ACT 1976 (c. 36)

1In section 28(8), for " subsection (6)" substitute " subsection (7) ".

2In section 57 (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 55 (adoption of children abroad), 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.”

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

BAIL ACT 1976 (c. 63)

1In section 2(2), in the definition of "court", for "a justice of the peace or a coroner " substitute " or a justice of the peace " .

2In section 3(8) (power of 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.

(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 is made.

(8B)A court which has ordered 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 custody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it dunks 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 (8B) 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 over to the person who gave the security if the order under subsection (8B) had been made before the order for forfeiture took effect shall be repaid or paid over to him.”

4In section 7(4) (requirements as to bringing before a justice of the peace or court a person arrested after release on bail), after paragraph (b) insert—

“In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.”

Section 65.

SCHEDULE 13Repeals

Section 65.

SCHEDULE 14Transitional Provisions

1A provision contained in any of sections 14 to 26, 34 and 35 above or in Schedule 11 to this Act, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to proceedings commenced before the coming into force of that provision.

2In its application to an offence committed before the coming into force of section 23 above, section 29 above shall have effect as if, in paragraph (a), for " £500" there were substituted " £400 ".

3(1)This paragraph applies to any provision of this Act which relates to the punishment by way of fine or imprisonment which may be imposed on summary conviction of offences mentioned in section 30(3) above, in Schedule 1 or 2 to this Act or in Schedule 7A to the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975.

(2)A provision to which this paragraph applies shall have effect in relation to an offence for which proceedings are commenced after the material time even if that offence was committed before that time; but in the case of an offence committed before the material time, such a provision shall not render a person liable on summary conviction to any punishment greater than that to which he would have been liable on conviction on indictment if at the time of his conviction that provision had not yet come into force.

(3)In relation to a provision to which this paragraph applies " the material time" means the time when that provision comes into force.

4Section 59 above and any related repeal provided for in Schedule 13 to this Act, shall not apply to a term of imprisonment to be served by a defaulter which has been fixed or imposed before the commencement of that section.

5Except as provided in paragraph 3 above a provision of this Act (other than section 29 or any provision mentioned in paragraph 4 above) which relates to the punishment by way of fine or imprisonment for any offence shall not affect the punishment for an offence committed before that provision comes into force.