Criminal Justice Act 1988
1988 c. 33
An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.
C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I Extradition
Preliminary
1 Scope of Part I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Suppression of terrorism
22 Suppression of terrorism.
1
Schedule 1 to the M1Suppression of Terrorism Act 1978 shall be amended as follows.
2
The following sub-paragraph shall be inserted before paragraph 8(a)—
za
section 4 (soliciting etc. to commit murder);
3
The following shall be inserted after paragraph 9—
9A
The offence of torture under section 134 of the Criminal Justice Act 1988.
4
The following shall be inserted after paragraph 13—
13A Nuclear material
An offence under any provision of the Nuclear Material (Offences) Act 1983.
5
The following shall be added at the end—
21 Conspiracy
An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule.
F2F2Part II Documentary Evidence in Criminal Proceedings
Pt. 2 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 136(a), 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 paras. 6, 27, 44(3) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
23 First-hand hearsay.
1
Subject—
a
to subsection (4) below; F238and
b
F239c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—
i
the requirements of one of the paragraphs of subsection (2) below are satisfied; or
ii
the requirements of subsection (3) below are satisfied.
2
The requirements mentioned in subsection (1)(i) above are—
a
that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;
b
that—
i
the person who made the statement is outside the United Kingdom; and
ii
it is not reasonably practicable to secure his attendance; or
c
that all reasonable steps have been taken to find the person who made the statement, but that he cannot be found.
3
The requirements mentioned in subsection (1)(ii) above are—
a
that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and
b
that the person who made it does not give oral evidence through fear or because he is kept out of the way.
4
Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the M133Police and Criminal Evidence Act 1984.
F2405
This section shall not apply to proceedings before a magistrates’ court inquiring into an offence as examining justices.
24 Business etc. documents.
1
Subject—
a
to subsections (3) and (4) below; F241and
F242c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied—
i
the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and
ii
the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.
2
Subsection (1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it—
a
in the course of a trade, business, profession or other occupation; or
b
as the holder of a paid or unpaid office.
3
Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.
4
A statement prepared otherwise than in accordance with F244section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below for the purposes—
a
of pending or contemplated criminal proceedings; or
b
of a criminal investigation,
shall not be admissible by virtue of subsection (1) above unless—
i
the requirements of one of the paragraphs of subsection (2) of section 23 above are satisfied; or
ii
the requirements of subsection (3) of that section are satisfied; or
iii
the person who made the statement cannot reasonably be expected (having regard to the time which has elapsed since he made the statement and to all the circumstances) to have any recollection of the matters dealt with in the statement.
F2435
This section shall not apply to proceedings before a magistrates’ court inquiring into an offence as examining justices.
25 Principles to be followed by court. C28
1
If, having regard to all the circumstances—
a
the Crown Court—
i
on a trial on indictment;
ii
on an appeal from a magistrates’ court; F245. . .
iii
on the hearing of an application under section 6 of the M135Criminal Justice Act 1987 (applications for dismissal of charges of fraud transferred from magistrates’ court to Crown Court); or
F246iv
on the hearing of an application under paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal of charges in certain cases involving children transferred from magistrates’ court to Crown Court); or
b
the criminal division of the Court of Appeal; or
c
a magistrates’ court on a trial of an information,
is of the opinion that in the interests of justice a statement which is admissible by virtue of section 23 or 24 above nevertheless ought not to be admitted, it may direct that the statement shall not be admitted.
2
Without prejudice to the generality of subsection (1) above, it shall be the duty of the court to have regard—
a
to the nature and source of the document containing the statement and to whether or not, having regard to its nature and source and to any other circumstances that appear to the court to be relevant, it is likely that the document is authentic;
b
to the extent to which the statement appears to supply evidence which would otherwise not be readily available;
c
to the relevance of the evidence that it appears to supply to any issue which is likely to have to be determined in the proceedings; and
d
to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them.
26 Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations.
Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with F248section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes—
a
of pending or contemplated criminal proceedings; or
b
of a criminal investigation,
the statement shall not be given in evidence in any criminal proceedings without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice; and in considering whether its admission would be in the interests of justice, it shall be the duty of the court to have regard—
i
to the contents of the statement;
ii
to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and
iii
to any other circumstances that appear to the court to be relevant.
F247This section shall not apply to proceedings before a magistrates’ court inquiring into an offence as examining justices.
27 Proof of statements contained in documents.
Where a statement contained in a document is admissible as evidence in criminal proceedings, it may be proved—
a
by the production of that document; or
b
(whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,
authenticated in such manner as the court may approve; and it is immaterial for the purposes of this subsection how many removes there are between a copy and the original.
F249This section shall not apply to proceedings before a magistrates’ court inquiring into an offence as examining justices.
28 Documentary evidence— supplementary.
1
Nothing in this Part of this Act shall prejudice—
a
the admissibility of a statement not made by a person while giving oral evidence in court which is admissible otherwise than by virtue of this Part of this Act; or
b
any power of a court to exclude at its discretion a statement admissible by virtue of this Part of this Act.
2
Schedule 2 to this Act shall have effect for the purpose of supplementing this Part of this Act.
Part III Other Provisions about Evidence in Criminal Proceedings
F329. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Expert reports.
1
An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.
2
If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.
3
For the purpose of determining whether to give leave the court shall have regard—
a
to the contents of the report;
b
to the reasons why it is proposed that the person making the report shall not give oral evidence;
c
to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and
d
to any other circumstances that appear to the court to be relevant.
4
An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.
F44A
Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—
a
in subsection (1) the words “whether or not the person making it attends to give oral evidence in those proceedings", and
b
subsections (2) to (4).
5
In this section “expert report” means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
31 Form of evidence and glossaries.
For the purpose of helping members of juries to understand complicated issues of fact or technical terms F5Criminal Procedure Rules may make provision—
a
as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and
b
as to the furnishing of glossaries for such purposes as may be specified;
in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.
I132 Evidence through television links.
C2C31
A person other than the accused may give evidence through a live television link F6in proceedings to which subsection (1A) below applies if—
b
F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
but evidence may not be so given without the leave of the court.
F81A
This subsection applies—
a
to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under F9section 9 of the Criminal Appeal Act 1995; and
b
to proceedings in youth courts F10, appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising.
2
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2C4C33
A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the M2Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
3A
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3B
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3C
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3D
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3E
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
5
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F251. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32A Video recordings of testimony from child witnesses.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Evidence of persons under 14 in committal proceedings.
The following section shall be substituted for section 103 of the M3Magistrates’ Courts Act 1980—
103 Evidence of persons under 14 in committal proceedings for assault, sexual offences etc.
1
In any proceedings before a magistrates’ court inquiring into an offence to which this section applies as examining justices—
a
a child shall not be called as a witness for the prosecution; but
b
any statement made by or taken from a child shall be admissible in evidence of any matter of which his oral testimony would be admissible,
except in a case where the application of this subsection is excluded under subsection (3) below.
2
This section applies—
a
to an offence which involves an assault, or injury or a threat of injury to, a person;
b
to an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);
c
to an offence under the Sexual Offences Act 1956, the Indecency with Children Act 1960, the Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or the Protection of Children Act 1978; and
d
to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.
3
The application of subsection (1) above is excluded—
a
where at or before the time when the statement is tendered in evidence the defence objects to its admission; or
b
where the prosecution requires the attendance of the child for the purpose of establishing the identity of any person; or
c
where the court is satisfied that it has not been possible to obtain from the child a statement that may be given in evidence under this section; or
d
where the inquiry into the offence takes place after the court has discontinued to try it summarily and the child has given evidence in the summary trial.
4
Section 28 above shall not apply to any statement admitted in pursuance of subsection (1) above.
5
In this section “child” means a person under the age of 14.
F1533A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 Abolition of requirement of corroboration for unsworn evidence of children.
F161
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C52
Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is abrogated F17. . ..
3
Unsworn evidence admitted by virtue of F18 section 56 of the Youth Justice and Criminal Evidence Act 1999 may corroborate evidence (sworn or unsworn) given by any other person.
F1934A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C8C9C10Part IV Reviews of Sentencing
Pt. IV (ss. 35-36) applied (E.W.)(1.3.1994) by S.I. 1994/119, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)
Pt. IV (ss. 35-36) applied (E.W.) (8.2.1995) by S. I. 1995/10, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)
Pt. IV (ss. 34-36) applied (8.4.1996) by S.R. 1996/40, art. 2
Pt. IV (ss. 34-36) applied (21.8.2000) by S.I. 2000/1924, art. 2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)
Pt IV (ss. 35-36) applied (E.W.) (13.10.2003) by The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2003 (S.I. 2003/2267), art. 2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)
Pt IV (ss. 35-36) applied (16.5.2006) by The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116), art. 2, Sch. 1
35 Scope of Part IV.
1
A case to which this Part of this Act applies may be referred to the Court of Appeal under section 36 below.
2
Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36 below shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part of this Act shall be construed as references to that division.
3
This Part of this Act applies to any case F20—
a
of a description specified in an order under this section; or
b
in which sentence is passed on a person—
i
for an offence triable only on indictment; or
ii
for an offence of a description specified in an order under this section
4
The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply to any case F21of a description specified in the order or to any casein which sentence is passed on a person for an offence triable either way of a description specified in the order.
5
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
7
In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).
8
Subsection (2) shall be omitted.
9
In this section—
“offence triable only on indictment” means an offence punishable only on conviction on indictment;
“offence triable either way” means an offence punishable on conviction on indictment or on summary conviction.
10
For subsection (5) there shall be substituted—
5
An order under subsection (4) above shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such statutory rule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
11
C6C736 Reviews of sentencing.
1
If it appears to the Attorney General—
a
that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and
b
that the case is one to which this Part of this Act applies,
he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person; and on such a reference the Court of Appeal may—
i
quash any sentence passed on him in the proceeding; and
ii
in place of it pass such sentence as they think appropriate for the case and as the court below had power to pass when dealing with him.
2
Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied if it appears to the Attorney General that the judge
F22a
erred in law as to his powers of sentencing; or
b
failed to impose a sentence required by—
i
section 51A(2) of the Firearms Act 1968;
ii
section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000; F23. . .
iii
any of sections 225 to 228 of the Criminal Justice Act 2003.
F24or
iv
under section 29(4) or (6) of the Violent Crime Reduction Act 2006.
.
3
For the purposes of this Part of this Act any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section F2511 of the Criminal Appeal Act 1968.
F263A
Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.
4
No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.
5
Where the Court of Appeal have concluded their review of a case referred to them under this section the Attorney General or the person to whose sentencing the reference relates may refer a point of law involved in any sentence passed on that person in the proceeding to the House of Lords for their opinion , and the House shall consider the point and give their opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or deal with it themselves; and section 35(1) of the Criminal Appeal Act 1968 (composition of House for appeals) shall apply also in relation to any proceedings of the House under this section .
6
A reference under subsection (5) above shall be made only with the leave of the Court of Appeal or the House of Lords ; and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the House of Lords (as the case may be) that the point is one which ought to be considered by that House .
7
For the purpose of dealing with a case under this section the House of Lords may exercise any powers of the Court of Appeal.
8
The supplementary provisions contained in Schedule 3 to this Act shall have effect.
9
In the application of this section to Northern Ireland—
a
any reference to the Attorney General shall be construed as a reference to the Attorney General for Northern Ireland;
F27aa
the reference to section 51A(2) of the Firearms Act 1968 shall be construed as a reference to Article 70(2) of the Firearms (Northern Ireland) Order 2004;
ab
the reference to section 29(4) or (6) of the Violent Crime Reduction Act 2006 shall be construed as a reference to paragraph 2(4) or (5) of Schedule 2 to that Act; and
Part V Jurisdiction, Imprisonment, Fines, Etc.
Jurisdiction
37 Certain either way offences relating to motor vehicles to be summary offences.
1
In section 12 of the M12Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.)—
a
in subsection (2), for the words “on conviction on indictment be liable to imprisonment for a term not exceeding three years." there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both."; and
b
at the end of subsection (4) there shall be added the words “and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.".
2F29
38 Criminal damage etc. as summary offences.
1
In subsection (1) of section 22 of the M13Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage is charged and it appears to a magistrates’ court clear that the value involved does not exceed the relevant sum, the court is required to proceed as if the offence charged were triable only summarily) in the second paragraph (which states the relevant sum) for “£400" there shall be substituted “£2,000".
2
Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.
3
The following subsection shall be inserted after subsection (10) of that section—
11
Where—
a
the accused is charged on the same occasion with two or more scheduled offences and it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; or
b
the offence charged consists in incitement to commit two or more scheduled offences,
this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved.
4
Subsection (3) above does not apply where any of the offences are charged in respect of acts done before this section comes into force.
39 Common assault and battery to be summary offences.
Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
C1140 Power to join in indictment count for common assault etc.
1
A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—
a
is founded on the same facts or evidence as a count charging an indictable offence; or
b
is part of a series of offences of the same or similar character as an indictable offence which is also charged,
but only if (in either case) the facts or evidence relating to the offence were disclosed F30to a magistrates’ court inquiring into the offence as examining justicesF31or are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51 F32or 51A ), has been served on the person charged.
2
Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a magistrates’ court could have dealt with him.
3
The offences to which this section applies are—
a
common assault;
F33aa
an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);
ab
an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)
b
an offence under section 12(1) of the M14Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);
c
an offence under F34section 103(1)(b) of the Road Traffic Act 1988 (driving a motor vehicle while disqualified);
d
an offence mentioned in the first column of Schedule 2 to the M15Magistrates’ Courts Act 1980 (criminal damage etc.) which would otherwise be triable only summarily by virtue of section 22(2) of that Act; and
e
any summary offence specified under subsection (4) below.
4
The Secretary of State may by order made by statutory instrument specify for the purposes of this section any summary offence which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.
5
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
41 Power of Crown Court to deal with summary offence where person committed for either way offence.
1
Where a magistrates’ court commits a person to the Crown Court for trial on indictment for an offence triable either way or a number of such offences, it may also commit him for trial for any summary offence with which he is charged and which—
a
is punishable with imprisonment or involves obligatory or discretionary disqualification from driving; and
b
arises out of circumstances which appear to the court to be the same as or connected with those giving rise to the offence, or one of the offences, triable either way,
whether or not evidence relating to that summary offence appears on the depositions or written statements in the case; and the trial of the information charging the summary offence shall then be treated as if the magistrates’ court had adjourned it under section 10 of the M16Magistrates’ Courts Act 1980 and had not fixed the time and place for its resumption.
2
Where a magistrates’ court commits a person to the Crown Court for trial on indictment for a number of offences triable either way and exercises the power conferred by subsection (1) above in respect of a summary offence, the magistrates’ court shall give the Crown Court and the person who is committed for trial a notice stating which of the offences triable either way appears to the court to arise out of circumstances which are the same as or connected with those giving rise to the summary offence.
3
A magistrates’ court’s decision to exercise the power conferred by subsection (1) above shall not be subject to appeal or liable to be questioned in any court.
4
The committal of a person under this section in respect of an offence to which section 40 above applies shall not preclude the exercise in relation to the offence of the power conferred by that section; but where he is tried on indictment for such an offence, the functions of the Crown Court under this section in relation to the offence shall cease.
5
If he is convicted on the indictment, the Crown Court shall consider whether the conditions specified in subsection (1) above were satisfied.
6
If it considers that they were satisfied, it shall state to him the substance of the summary offence and ask him whether he pleads guilty or not guilty.
C127
If he pleads guilty, the Crown Court shall convict him, but may deal with him in respect of that offence only in a manner in which a magistrates’ court could have dealt with him.
F358
If he does not plead guilty, the Crown Court may try him for the offence, but may deal with him only in a manner in which a magistrates' court could have dealt with him.
9
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
The Crown Court shall inform the F37designated officer for the magistrates’ court of the outcome of any proceedings under this section.
11
Where the Court of Appeal allows an appeal against conviction of an offence triable either way which arose out of circumstances which were the same as or connected with those giving rise to a summary offence of which the appellant was convicted under this section—
a
it shall set aside his conviction of the summary offence and give the F37designated officer for the magistrates’ court notice that it has done so; and
b
it may direct that no further proceedings in relation to the offence are to be undertaken;
and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.
12
A notice under subsection (11) above shall include particulars of any direction given under paragraph (b) of that subsection in relation to the offence.
F3813
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3942. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power of Court of Appeal to order retrial
43 Power of Court of Appeal to order retrial.
1
The M17Criminal Appeal Act 1968 shall be amended as follows.
2
In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act" shall cease to have effect.
3
At the end of subsection (1) of section 8 there shall be added the words “but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave."
4
The following subsections shall be inserted after that subsection—
1A
Where a person has been ordered to be retried but may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order for retrial and to direct the court of trial to enter a judgment and verdict of acquittal of the offence for which he was ordered to be retried.
1B
On an application under subsection (1) or (1A) above the Court of Appeal shall have power—
a
to grant leave to arraign; or
b
to direct the entry of a judgment and verdict of acquittal,but shall not give leave to arraign unless they are satisfied—
i
that the prosecution has acted with all due expedition; and
ii
that there is a good and sufficient cause for a retrial in spite of the lapse of time since the order under section 7 of this Act was made.
5
Nothing in this section applies where notice of appeal or of application for leave to appeal was given before the commencement of this section.
Imprisonment
44 Firearms offences.
1
Part 1 of Schedule 6 to the M18Firearms Act 1968 (prosecution and punishment of offences) shall be amended as follows.
2
For the third and fourth columns of the entries relating to an offence under section 2(1) (possessing, etc. shotgun without shotgun certificate) there shall be substituted—
(a) Summary.
6 months or the statutory maximum or both.
(b) On indictment.
3 years or a fine; or both.
3
“Life imprisonment” shall be substituted for “14 years" in the fourth column of the entries relating to offences under—
a
section 17(2) (possessing firearm or imitation firearm at time of committing or being arrested for certain offences); and
b
section 18(1) (carrying firearm or imitation firearm with criminal intent).
4
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
45 Increase in maximum term of imprisonment for cruelty to children and young persons.
1
In section 1(1)(a) of the M19Children and Young Persons Act 1933 (under which the maximum term of imprisonment for cruelty to persons under 16 is two years) and in section 12(1)(a) of the M20Children and Young Persons (Scotland) Act 1937 (which makes corresponding provision for Scotland), for “two" there shall be substituted “ten".
2
Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.
46 Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.
1
In section 1(1)(a) of the M21Prevention of Crime Act 1953 “six months” shall be substituted for “three months".
2
The maximum fine that may be imposed for an offence under section 1 of the M22Restriction of Offensive Weapons Act 1959 shall be a fine not exceeding level 5 on the standard scale.
3
This section shall not have effect in relation to anything done before it comes into force.
47 Corruption.
1
The following paragraph shall be substituted for paragraph (a) of section 2 of the M23Public Bodies Corrupt Practices Act 1889 (penalty for corruption in office)—
a
be liable—
i
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and
ii
on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both; and
2
In subsection (1) of section 1 of the M24Prevention of Corruption Act 1906 (punishment of corrupt transactions with agents) for the words from “shall be liable" to the end of the subsection there shall be substituted the words
shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and
b
on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.
3
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
F4048. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Repeal of s.134 of Magistrates’ Courts Act 1980.
Section 134 of the M136Magistrates’ Courts Act 1980 (under which a magistrates’ court having power to impose imprisonment on any person may instead of doing so order him to be detained for any period not exceeding 4 days in a place certified by the Secretary of State to be suitable for the purpose) shall cease to have effect.
50 Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.
1
The Secretary of State may by order made by statutory instrument make such provision as appears to him to be appropriate—
a
to give courts-martial and Standing Civilian Courts power to pass suspended and partly suspended sentences of imprisonment on civilians to whom this section applies; and
b
to give courts power to deal with offenders in respect of suspended and partly suspended sentences passed by courts-martial and Standing Civilian Courts.
2
This section applies to the following civilians—
a
persons to whom Part II of the M137Army Act 1955 applies by virtue of section 209 of that Act;
b
persons to whom Part II of the M138Air Force Act 1955 applies by virtue of section 209 of that Act; and
c
persons to whom Parts I and II of the M139Naval Discipline Act 1957 apply by virtue of section 118 of that Act.
3
An order under this section—
a
may amend—
i
the Army Act 1955;
ii
the Air Force Act 1955;
iii
the Naval Discipline Act 1957; and
iv
the M140Armed Forces Act 1976;
b
may apply, with or without modifications, any enactment contained in—
i
F252Criminal Justice Act 2003;
ii
the M141Criminal Law Act 1977; or
iii
any other Act not mentioned in paragraph (a) above; and
c
may make such incidental or consequential provision as the Secretary of State considers necessary or expedient.
4
Without prejudice to the generality of this section, an order under this section may make—
a
provision prohibiting a court which passes a suspended sentence on a person from making an order under paragraph 4 of Schedule 5A to the M142Army Act 1955 or the M143Air Force Act 1955 or paragraph 4 of Schedule 4A to the M144Naval Discipline Act 1957 (community supervision orders) in respect of another offence; and
b
provision restricting the powers conferred by sections 110 and 113 of the Army Act 1955 and the Air Force Act 1955 (confirmation and review) and sections 70 and 71 of the Naval Discipline Act 1957 (review).
5
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Maximum fines under subordinate legislation
51 Statutory maximum as penalty on summary conviction for offences triable either way in subordinate legislation.
1
For any offence triable either way under a subordinate instrument made before the commencement of this section, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.
2
Where apart from this section the maximum fine would be one amount in the case of a first conviction and 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 instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
4
Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to impose penal provisions, being a power which allows the creation of offences triable either way, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of an offence triable either way shall by virtue of this subsection be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment contained in an Act passed before the commencement of this section.
5
Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to create offences triable either way, the maximum fine for an offence triable either way so created may be expressed as a fine not exceeding the statutory maximum.
6
Subsection (5) above has effect in relation to exercises of powers before as well as after the commencement of this section.
7
Nothing in this section shall affect the punishment for an offence committed before the commencement of this section.
8
In this section and sections 52, 53, 55, 57 and 59 below “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
52 Penalties on conviction for summary offences under subordinate legislation— conversion of references to amounts to references to levels on scale.
1
Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.
2
In subsection (1) above “relevant subordinate instrument” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.
3
Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
4
Where there is—
a
under any enactment (however framed or worded) contained in an Act passed before the commencement of this section;
b
under any instrument (however framed or worded) made by virtue of such an enactment,
a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.
5
Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.
53 Powers to specify maximum fines for summary offences under subordinate instruments— conversion of references to amounts to references to levels on scale—England and Wales.
1
Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
2
If an order under section 143 of the M25Magistrates’ Courts Act 1980 alters the sums specified in section 37(2) of the M26Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.
3
This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.
54 Fines on summary conviction for offences under subordinate instruments— conversion to references to levels on scale—Scotland.
In the M27Criminal Procedure (Scotland) Act 1975, after section 289GC (which is inserted by section 56 of this Act) there shall be inserted the following section—
289GD Fines on summary conviction for offences under subordinate instruments—conversion to references to levels on scale.
1
Where an instrument which was made under an enactment on or after 11th April 1983 but before the commencement of section 54 of the Criminal Justice Act 1988 confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable on summary conviction to a fine of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
2
This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued
55 Fines under secondary subordinate instruments— England and Wales.
1
This section applies to any instrument (however framed or worded) which—
a
was made before 11th April 1983 (the date of the commencement of sections 35 to 50 of the M28Criminal Justice Act 1982); and
b
confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,
but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.
2
The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—
a
if the specified amount is less than £25 , level 1 on the standard scale;
b
if it is £25 or more but less than £50, level 2;
c
if it is £50 or more but less than £200, level 3;
d
if it is £200 or more but less than £400, level 4; and
e
if it is £400 or more, level 5.
3
Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.
4
Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those maximum fines are to be treated separately for the purposes of this section.
5
Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—
a
to the alternative fine; and
b
to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
as well as in relation to the fine mentioned in subsection (3) above.
6
Section 36 of the M29Criminal Justice Act 1982 (abolition of enhanced penalties under subordinate instruments) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (2) to the coming into force of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.
56 Fines under secondary subordinate instruments: Scotland.
1
In the M30Criminal Procedure (Scotland) Act 1975, after section 289GB (which was inserted by the M31Criminal Justice (Scotland) Act 1987) there shall be inserted the following section—
289GC Fines under secondary subordinate instruments— Scotland.
1
This section applies to any instrument (however framed or worded) which—
a
was made before 11th April 1983 (the date of commencement of Part IV of the Criminal Justice Act 1982);
b
confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,
but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.
2
The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—
a
if the specified amount is less than £25, level 1 on the standard scale;
b
if it is £25 or more but less than £50, level 2;
c
if it is £50 or more but less than £200, level 3;
d
if it is £200 or more but less than £400, level 4; and
e
if it is £400 or more, level 5.
3
Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.
4
Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amount specified as those maximum fines are to be treated separately for the purposes of this section.
5
Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—
a
to the alternative fine; and
b
to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
as well as in relation to the fine mentioned in subsection (3) above.
2
Section 289E of the M32Criminal Procedure (Scotland) Act 1975 (penalties for first and subsequent convictions of summary offences to be the same) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (5) to the commencement of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.
57 Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.
1
Where a harbour authority is empowered to provide—
a
in an instrument made by virtue of an enactment; or
b
in an instrument made by virtue of an instrument made under an enactment,
that a person, as regards any summary offence (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this section to making him liable to a fine not exceeding level 4.
2
Where any enactment or instrument (“the enabling legislation") (however expressed) provides that a person who contravenes any provision of an instrument (“a regulatory instrument") made by a harbour authority—
a
by virtue of the enabling legislation; or
b
by virtue of an instrument made under the enabling legislation,
shall be guilty of a summary offence and liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this section enable the harbour authority to provide in a regulatory instrument that a person, as regards any summary offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.
F4158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptionally high maximum fines
59 Power to alter exceptionally high maximum fines.
1
The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—
a
to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or
b
to be appropriate to take account of an order altering the standard scale which has been made or is proposed to be made.
2
Subsection (1) above applies to any sum which—
a
is specified as the maximum fine which may be imposed on conviction of a summary offence; and
b
is higher than level 5 on the standard scale.
3
The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—
a
to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or
b
to be appropriate to take account of an order made or proposed to be made altering the statutory maximum.
4
Subsection (3) above applies to any sum which—
a
is specified as the maximum fine which may be imposed on summary conviction of an offence triable either way; and
b
is higher than the statutory maximum.
5
An order under this section—
a
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and
b
shall not affect the punishment for an offence committed before it comes into force.
6
In this section—
“enactment” includes an enactment contained in an Act passed after this Act; and
“subordinate instrument” includes an instrument made after the passing of this Act.
Default in payment of fines etc.
60 Periods of imprisonment for default.
1
In the F42Table in paragraph 1 of Schedule 4 to the M33Magistrates’ Courts Act 1980, for the entries relating to amounts not exceeding £10,000 there shall be substituted—
An amount not exceeding £50
5 days
An amount exceeding £50 but not exceeding £100
7 days
An amount exceeding £100 but not exceeding £400
14 days
An amount exceeding £400 but not exceeding £1,000
30 days
An amount exceeding £1,000 but not exceeding £2,000
45 days
An amount exceeding £2,000 but not exceeding £5,000
3 months
An amount exceeding £5,000 but not exceeding £10,000
6 months
F432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Default – procedure.
1
The M34Magistrates’ Courts Act 1980 shall be amended as follows.
2
The following subsections shall be added after section 77(2)—
3
A magistrates’ court shall have power at any time to do either or both of the following—
a
to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;
b
to vary any of the conditions on which its issue is postponed,
but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.
4
In this section “the relevant time” means—
a
where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and
b
in any other case, the date of the exercise or latest exercise of either or both of the powers.
5
Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting for the petty sessions area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.
6
Where such an application is referred to the court, it shall be the duty of the clerk of the court—
a
to fix a time and place for the application to be heard; and
b
to give the applicant notice of the time and place which he fixes.
7
Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.
8
If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.
3
The following subsection shall be inserted after subsection (4) of section 82 (restriction on power to impose imprisonment for default)—
4A
The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are—
a
a warrant of distress under section 76 above;
b
an application to the High Court or county court for enforcement under section 87 below;
c
an order under section 88 below;
d
an attachment of earnings order; and
e
if the offender is under the age of 21, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders).
4
The following subsections shall be inserted after subsection (5) of that section—
5A
A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the clerk of the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.
5B
Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously—
a
inquired into the offender’s means; and
b
postponed the issue of the warrant of commitment under section 77(2) above.
5C
A notice under subsection (5A) above—
a
shall state the time and place appointed for the hearing; and
b
shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing,
but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations.
5D
Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.
5E
Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.
5F
A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person.
5
The following section shall be substituted for section 85—
85 Power to remit fine.
1
Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—
a
where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of section 77 above, since the relevant time as defined in subsection (4) of that section; and
b
in any other case, since the date of the conviction.
2
Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.
3
In calculating the reduction in a term of imprisonment required by subsection (2) above any fraction of a day shall be left out of account.
4
Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.
6
In section 121(2) (magistrates’ court to consist of at least 2 justices when holding an inquiry into the means of an offender for the purposes of section 82) after the word “above" there shall be inserted the words “or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment".
62 Fines on companies.
1
The following section shall be inserted after section 87 of the M35Magistrates’ Courts Act 1980—
87A Fines imposed on companies.
1
Where—
a
a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and
b
the court has issued a warrant of distress under section 76(1) above for the purpose of levying the sum; and
c
it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same,
the clerk of the court may make an application in relation to the company under section 9 or 124 of the Insolvency Act 1986 (administration or winding up).
2
Any expenses incurred under subsection (1) above by the clerk of a magistrates’ court shall be treated for the purposes of Part VI of the Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee.
2
The words “
or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies)
”
shall be inserted—
F44a
before the words “or by all" in section 9(1) of the Insolvency Act 1986;
b
after the word “contributories" in section 124(1) of that Act.
Fines and other pecuniary penalties—miscellaneous
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
64 Increase of maximum fine under s.32 of the Game Act 1831.
1
In section 32 of the Game Act 1831 (persons found armed using violence etc.) for “level 1" there shall be substituted “level 4".
2
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
F4665. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66 Fisheries offences on River Tweed.
1
Section 38 of the M36Fisheries Act 1981 (which applied certain enactments to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland) shall be deemed not to have been excluded from the operation of section 38(1) of the M37Criminal Justice Act 1982 (general increase of fines for summary offences) by paragraph (c) of that subsection (exclusion of offences where fine or maximum fine altered since 29th July 1977).
2
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
67 Fines imposed and recognizances forfeited by coroners.
1
A fine imposed by a coroner, including a fine so imposed before this section comes into force, shall be treated for the purpose of its collection, enforcement and remission as having been imposed by the magistrates’ court for the area in which the coroner’s court was held, and the coroner shall as soon as practicable after imposing the fine give particulars of the fine to the F47designated officer for that court.
2
A coroner shall proceed in the like manner under subsection (1) above in relation to a recognizance forfeited at an inquest held before him, including a recognizance so forfeited before this section comes into force, as if he had imposed a fine upon the person forfeiting that recognizance, and subsection (1) above shall apply accordingly.
68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48
Forfeiture
F4969. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Forfeiture for drug offences.
Part VIC15C16Confiscation of the Proceeds of an Offence
Part VI (ss. 71 to 103) modified: (29.12.1991) by S.I. 1991/2873, art. 3(2), Sch. 2; and (1.9.1995) by S.I. 1995/1968, art. 2(1)
Part VI (ss. 71 to 103) applied (1.11.1995) by 1995 c. 11, s. 15(3); S.I. 1995/2650, art. 2
71 Confiscation orders.
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72- Making of confiscation orders.
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72A Postponed determinations.
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72AA Confiscation relating to a course of criminal conduct.
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Statements, etc. relevant to making confiscation orders.
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73A Provision of information by defendant.
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74 Definition of principal terms used.
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60Review and revision of certain questions and determinations
S. 74A (and the heading immediately preceding it) inserted (1.11.1995) by 1995 c. 11, s. 5; S.I. 1995/2650, art.2
74A Review of cases where proceeds of crime not assessed.
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74B Revision of assessment of proceeds of crime.
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74C Revision of assessment of amount to be recovered.
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement, etc. of confiscation orders
75 Application of procedure for enforcing fines.
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75A Interest on sums unpaid under confiscation orders.
F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
76 Cases in which restraint orders and charging orders may be made.
F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E177 Restraint orders.
F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78 Charging orders in respect of land, securities, etc.
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79 Charging orders: supplementary provisions.
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80 Realisation of property.
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81 Application of proceeds of realisation and other sums.
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82 Exercise of powers by High Court or receiver.
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83 Variation of confiscation orders.
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84 Bankruptcy of defendant etc.
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85 Sequestration in Scotland of defendant etc.
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86 Winding up of company holding realisable property.
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 Insolvency officers dealing with property subject to restraint order.
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88 Receivers: supplementary provisions.
F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Compensation.
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement in Scotland
F7790. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8093. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88Money laundering and other offences
S. 93A and cross heading inserted (E.W.S.) (15.2.1994) by 1993 c. 36, s. 29(1); S.I. 1994/71, art. 2, Sch.
93A Assisting another to retain the benefit of criminal conduct.
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93B Acquisition, possession or use of proceeds of criminal conduct.
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93C Concealing or transferring proceeds of criminal conduct.
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93D Tipping-off.
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93E Application of sections 93A to 93D to Scotland.
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93F Prosecution by order of the Commissioners of Customs and Excise.
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93G Extension of certain offences to Crown servants and exemptions for regulators etc.
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92Investigations into the proceeds of criminal conduct
S. 93H (and the heading immediately preceding it) inserted (1.11.1995) by 1995 c. 11, s.11; S.I. 1995/2650, art.2
93H Order to make material available.
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93I Authority for search.
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93J Disclosure of information held by government departments.
F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement of external orders
94 Enforcement of Northern Ireland orders.
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9495. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1396 Enforcement of other external orders.
1
Her Majesty may by Order in Council—
a
direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Part of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;
b
make—
i
such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;
ii
such provision as to evidence or proof of any matter for the purposes of this section and section 97 below; and
iii
such incidental, consequential and transitional provision,
as appears to Her Majesty to be expedient; and
c
without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.
2
In this Part of this Act—
“external confiscation order” means an order made by a court in a designated country for the purpose—
a
of recovering—
i
property obtained as a result of or in connection with conduct corresponding to an offence to which this Part of this Act applies; or
ii
the value of property so obtained; or
b
of depriving a person of a pecuniary advantage so obtained; and
“modifications” includes additions, alterations and omissions.
3
An Order in Council under this section may make different provision for different cases or classes of case.
4
The power to make an Order in Council under this section includes power to modify this Part of this Act in such a way as to confer power on a person to exercise a discretion.
F955
An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C1497 Registration of external confiscation orders.
1
On an application made by or on behalf of the government of a designated country, the High Court may register an external confiscation order made there if—
a
it is satisfied that at the time of registration the order is in force and not subject to appeal;
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
c
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
2
In subsection (1) above “appeal” includes—
a
any proceedings by way of discharging or setting aside a judgment; and
b
an application for a new trial or a stay of execution.
3
The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
Miscellaneous and supplemental
F9698 .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99 Authorisation of delay in notifying arrest etc.
F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100 Power to inspect Land Register, etc.
F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 Abolition of power to make criminal bankruptcy order.
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
102 Part VI— Interpretation.
F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E9103 Amendments of Drug Trafficking Offences Act 1986 and Criminal Justice (Scotland) Act 1987.
F2531
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The amendments of the M145Criminal Justice (Scotland) Act 1987 specified in Part II of that Schedule shall also have effect.
Part VII Compensation by Court and Criminal Injuries Compensation Board
Powers of court
F101104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F102105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106 Discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation.
The following subsections shall be substituted for section 41(8) of the M40Administration of Justice Act 1970—
8
Subject to subsection (8A) below, where in thecase specified in paragraph 10 of Schedule 9 to this Act the Crown Court thinks that the period for which the person subject to the order is liable apart from this subsection to be committed to prison for default under the order is insufficient, it may specify a longer period for that purpose; and then, in the case of default—
a
the specified period shall be substituted as the maximum for which the person may be imprisoned under section 76 of the Magistrates’ Courts Act 1980; and
b
paragraph 2 of Schedule 4 to that Act shall apply, with any necessary modifications, for the reduction of the specified period where, at the time of the person’s imprisonment, he has made part payment under the order.
8A
The Crown Court may not specify under subsection (8) above a period of imprisonment longer than that which it could order a person to undergo on imposing on him a fine equal in amount to the sum required to be paid by the order.
Compensation for victim out of forfeited property
F103107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Injuries Compensation Scheme
F104108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F107111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F108112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F109113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F110114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F111115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F113117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part VIII Amendments of Law Relating to Juries
118 Abolition of peremptory challenge.
1
The right to challenge jurors without cause in proceedings for the trial of a person on indictment is abolished.
2
In addition and without prejudice to any powers which the Crown Court may possess to order the exclusion of the public from any proceedings a judge of the Crown Court may order that the hearing of a challenge for cause shall be in camera or in chambers.
119 Persons aged between 65 and 70 to be eligible as jurors.
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120 Discretionary deferral of jury service.
The following section shall be inserted after section 9 of the Juries Act 1974—
9A Discretionary deferral.
1
If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why his attendance in pursuance of the summons should be deferred, the appropriate officer may defer his attendance, and, if he does so, he shall vary the days on which that person is summoned to attend and the summons shall have effect accordingly.
2
If an application under subsection (1) above has been granted or refused, the powers conferred by that subsection may not be exercised subsequently in relation to the same summons.
3
Crown Court Rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to defer his attendance under subsection (1) above.
4
Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may defer his attendance.
121 Continuation of trials for murder on death or discharge of juror.
In section 16(2) of the M41Juries Act 1974 (cases where trial not to proceed on death or discharge of juror without assent of prosecution and accused) the words “for murder or shall cease to have effect.
122 Autrefois acquit and autrefois convict.
Where an accused pleads autrefois acquit or autrefois convict it shall be for the judge, without the presence of a jury, to decide the issue.
Part IX Young Offenders
123 Custodial sentences for young offenders.
1
Part I of the M146Criminal Justice Act 1982 shall be amended as mentioned in subsections (2) to (5) below.
F1152
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1153
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1164
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The following subsection shall be substituted for section 2(4)—
4
Where—
a
the Crown Court passes a sentence of detention in a young offender institution or a sentence of custody for life under section 8(2) below, or
b
a magistrates’ court passes a sentence of detention in a young offender institution,
it shall be its duty—
i
to state in open court that it is satisfied that he qualifies for a custodial sentence under one or more of the paragraphs of section 1(4A) above, the paragraph or paragraphs in question and why it is so satisfied; and
ii
to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
6
The amendments and transitional provisions in Schedule 8 to this Act shall have effect.
124 Detention of young offenders in Scotland.
1
In each of sections 207 and 415 of the M42Criminal Procedure (Scotland) Act 1975 for subsections (5) to (10) there shall be substituted the following subsection—
5
A sentence of detention imposed under this section shall be a sentence of detention in a young offenders institution.
2
Subject to subsection (3) below, in any enactment—
a
for a reference to a detention centre there shall be substituted a reference to a young offenders institution; and
b
for a reference (however expressed) to a detention centre order there shall be substituted a reference to a sentence of detention in a young offenders institution.
3
Nothing in subsection (2) above applies—
a
to section 21 of the M43Firearms Act 1968;
b
to Part I of Schedule I to the M44Law Reform (Miscellaneous Provisions) (Scotland) Act 1980;
c
to section 41(2) of the M45Criminal Justice (Scotland) Act 1980.
4
The amendments and transitional provisions in Schedule 9 to this Act shall have effect.
125 Abolition of power of court to commit juvenile to remand centre instead of local authority care. 1969 c. 54.
Section 22(5) of the Children and Young Persons Act 1969 shall cease to have effect.
F117126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F119128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F120129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
130 Computation of sentence—time passed in care of local authority in accommodation provided for restricting liberty. 1967 c. 80.
1
At the end of section 67(1A) of the Criminal Justice Act 1967 there shall be added the words
or—
c
any period during which, in connection with the offence for which the sentence was passed, he was in the care of a local authority by virtue of an order under section 23 of the Children and Young Persons Act 1969 and in accommodation provided for the purpose of restricting liberty.
2
This section shall not have effect in relation to any sentence imposed before it comes into force.
Part X Probation and the Probation Service, Etc.
131 Bail: hostel conditions.
1
In section 3 of the M46Bail Act 1976 (grant of bail) the following subsection shall be inserted after subsection (6)—
6ZA
Where he is required under subsection (6) above to reside in a bail hostel or probation hostel, he may also be required to comply with the rules of the hostel.
F1212
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F122132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part XI Miscellaneous
Miscarriages of justice
133 Compensation for miscarriages of justice.
1
Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.
2
No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State.
3
The question whether there is a right to compensation under this section shall be determined by the Secretary of State.
4
If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.
F1284A
In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to—
a
the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction;
b
the conduct of the investigation and prosecution of the offence; and
c
any other convictions of the person and any punishment resulting from them.
5
In this section “reversed” shall be construed as referring to a conviction having been quashed—
a
on an appeal out of time; or
b
on a reference—
F123i
under the Criminal Appeal Act 1995; or
F124ii
under section 194B of the Criminal Procedure (Scotland) Act 1995 (c. 46);
c
on an appeal under section 7 of the Terrorism Act 2000
F127or
d
on an appeal under section 12 of the Prevention of Terrorism Act 2005.
6
For the purposes of this section a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.
7
Schedule 12 shall have effect.
133AF129Miscarriages of justice: amount of compensation
1
This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 133 for a miscarriage of justice.
2
In assessing so much of any compensation payable under section 133 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—
a
the seriousness of the offence of which the person was convicted and the severity of the punishment suffered as a result of the conviction, and
b
the conduct of the investigation and prosecution of the offence.
3
The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 133 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—
a
any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and
b
any other convictions of the person and any punishment suffered as a result of them.
4
If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 133 is to be a nominal amount only.
5
The total amount of compensation payable to or in respect of a person under section 133 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is—
a
£1 million in a case to which section 133B applies, and
b
£500,000 in any other case.
6
The total amount of compensation payable under section 133 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.
That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.
7
The Secretary of State may by order made by statutory instrument amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.
8
No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
133BCases where person has been detained for at least 10 years
1
For the purposes of section 133A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—
a
the conviction is reversed, or
b
the pardon is given,
as mentioned in section 133(1).
2
P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—
a
by virtue of a sentence passed in respect of the relevant offence,
b
under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or
c
as a result of P's having been remanded in custody in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.
3
In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—
a
in qualifying detention, and
b
in excluded concurrent detention.
4
P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—
a
during the term of a sentence passed in respect of an offence other than the relevant offence,
b
under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or
c
as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—
i
the relevant offence, or
ii
any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.
5
But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.
6
In this section—
“mental health legislation” means—
- a
Part 3 of the Mental Health Act 1983,
- b
Part 3 of the Mental Health (Northern Ireland) Order 1986, or
- c
the provisions of any earlier enactment corresponding to Part 3 of that Act or Part 3 of that Order;
- a
“the relevant offence” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));
“remanded in custody” is to be read in accordance with subsections (8) and (9);
“reversed” has the same meaning as in section 133 of this Act.
7
If, as a result of the miscarriage of justice—
a
two or more convictions are reversed, or
b
a pardon is given in respect of two or more offences,
“the relevant offence” means any of the offences concerned.
8
In relation to England and Wales, “remanded in custody” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.
9
In relation to Northern Ireland, “remanded in custody” means—
a
remanded in or committed to custody by an order of a court, or
b
remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.
Torture
134 Torture.
1
A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in theUnited Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.
2
A person not falling within subsection (1) above commits the offence of torture, whatever his nationality, if—
a
in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence—
i
of a public official; or
ii
of a person acting in an official capacity; and
b
the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.
3
It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission.
4
It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority, justification or excuse for that conduct.
5
For the purposes of this section “lawful authority, justification or excuse” means—
a
in relation to pain or suffering inflicted in the United Kingdom, lawful authority, justification or excuse under the law of the part of the United Kingdom where it was inflicted;
b
in relation to pain or suffering inflicted outside the United Kingdom—
i
if it was inflicted by a United Kingdom official acting under the law of the United Kingdom or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;
ii
if it was inflicted by a United Kingdom official acting under the law of any part of the United Kingdom or by a person acting in an official capacity under such law, lawful authority, justification or excuse under the law of the part of the United Kingdom under whose law he was acting; and
iii
in any other case, lawful authority, justification or excuse under the law of the place where it was inflicted.
6
A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.
135 Requirement of Attorney General’s consent for prosecutions.
Proceedings for an offence under section 134 above shall not be begun—
a
in England and Wales, except by, or with the consent of, the Attorney General; or
b
in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland.
136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130
138 Application to Channel Islands, Isle of Man and colonies.
1
Her Majesty may by Order in Council make provision for extending sections 134 and 135 above, with such modifications and exceptions as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131
Articles with blades or points and offensive weapons
E2139 Offence of having article with blade or point in public place.
1
Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
2
Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
3
This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
4
It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
5
Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
a
for use at work;
b
for religious reasons; or
c
as part of any national costume.
6
A person guilty of an offence under subsection (1) above shall be liable-
F132a
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding F133four years, or a fine, or both.
7
In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
8
This section shall not have effect in relation to anything done before it comes into force.
E3139 Offence of having article with blade or point in public place.
1
Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
2
Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
3
This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
4
It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
5
Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
a
for use at work;
b
for religious reasons; or
c
as part of any national costume.
6
A person guilty of an offence under subsection (1) above shall be liable-
F132a
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
7
In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
8
This section shall not have effect in relation to anything done before it comes into force.
E4139AF134Offence of having article with blade or point (or offensive weapon) on school premises.
1
Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.
2
Any person who has an offensive weapon within the meaning of section 1 of the M47Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.
3
It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.
4
Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—
a
for use at work,
b
for educational purposes,
c
for religious reasons, or
d
as part of any national costume.
5
A person guilty of an offence—
a
under subsection (1) above shall be liable—
i
on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding F135four years, or a fine, or both;
b
under subsection (2) above shall be liable—
i
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
6
In this section and section 139B, “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by F136section 4 of the Education Act 1996.
7
In the application of this section to Northern Ireland—
a
E5139AF134Offence of having article with blade or point (or offensive weapon) on school premises.
1
Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.
2
Any person who has an offensive weapon within the meaning of section 1 of the M47Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.
3
It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.
4
Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—
a
for use at work,
b
for educational purposes,
c
for religious reasons, or
d
as part of any national costume.
5
A person guilty of an offence—
a
under subsection (1) above shall be liable—
i
on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
b
under subsection (2) above shall be liable—
i
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
ii
on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
6
In this section and section 139B, “school premises” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by F136section 4 of the Education Act 1996.
7
In the application of this section to Northern Ireland—
a
139BF137Power of entry to search for articles with a blade or point and offensive weapons.
1
A constable may enter school premises and search those premises and any person on those premises for—
a
any article to which section 139 of this Act applies, or
b
any offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,
if he has reasonable grounds for F138suspecting that an offence under section 139A of this Act is being, or has been, committed.
2
If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for suspecting to be an article or weapon of a kind described in subsection (1) above, he may seize and retain it.
3
The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.
4
In the application of this section to Northern Ireland the reference in subsection (1)(b) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987.
140 Extension of constable’s power to stop and search.
1
In section 1 of the M51Police and Criminal Evidence Act 1984 (powers of constable to stop and search)—
a
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the following subsection shall be inserted after subsection (8)—
8A
This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988.
2
In section 5(2)(a)(ii) of that Act (annual reports to contain total numbers of searches for offensive weapons) after the word “weapons" there shall be inserted the words “or articles to which section 1(8A) above applies".
C17141 Offensive weapons.
1
Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both.
2
The Secretary of State may by order made by statutory instrument direct that this section shall apply to any description of weapon specified in the order except—
a
any weapon subject to the M52Firearms Act 1968; and
b
crossbows.
3
A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and has been approved by a resolution of each House of Parliament.
4
The importation of a weapon to which this section applies is hereby prohibited.
5
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies—
a
with an offence under subsection (1) above; or
b
with an offence under section 50(2) or (3) of the M53Customs and Excise Management Act 1979 (improper importation),
to prove that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.
6
In this section the reference to the Crown includes the Crown in right of Her Majesty’s Government in Northern Ireland; and
“visiting force” means any body, contingent or detachment of the forces of a country—
a
mentioned in subsection (1)(a) of section 1 of the M54Visiting Forces Act 1952; or
b
designated for the purposes of any provision of that Act by Order in Council under subsection (2) of that section,
which is present in the United Kingdom (including United Kingdom territorial waters) or in any place to which subsection (7) below applies on the invitation of Her Majesty’s Government in the United Kingdom.
7
This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the M55Continental Shelf Act 1964 or any waters within 500 metres of such an installation.
8
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies—
a
with an offence under subsection (1) above; or
b
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
to prove that the conduct in question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies.
9
If a person acting on behalf of a museum or gallery to which subsection (8) above applies is charged with hiring or lending a weapon to which this section applies, it shall be a defence for him to prove that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.
10
Subsection (8) above applies to a museum or gallery only if it does not distribute profits.
11
In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.
12
This section shall not have effect in relation to anything done before it comes into force.
13
141ZAF150Application of section 141 to swords: further provision
1
This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.
2
The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.
3
The Scottish Ministers may in particular—
a
provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;
b
increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—
i
on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;
ii
on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;
c
create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order.
4
In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—
a
the granting, and revocation, by them of authorisations in relation to the acquisition of swords;
b
enabling them to specify conditions in such authorisations;
c
requiring persons to whom authorisations are granted to comply with such conditions;
d
making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions.
5
Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.
6
The penalty is—
a
imprisonment for a term not exceeding 12 months; or
b
a fine not exceeding level 5 on the standard scale,
or both.
7
The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).
141ZBF278F278F277F279F151Importation of offensive weapons: prohibition
1
The importation of an offensive weapon is prohibited, subject to section 141ZC.
2
In this section “
offensive weapon
” means a weapon of a description specified in an order made by the Secretary of State for the purposes of this subsection.
3
The Secretary of State may not specify any of the following under subsection (2)—
a
a weapon subject to the Firearms Act 1968;
b
a crossbow.
4
Orders under this section are to be made by statutory instrument.
5
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
6
In the application of this section to Northern Ireland the reference in subsection (3) to the Firearms Act 1968 is to be construed as a reference to the Firearms (Northern Ireland) Order 2004.
141ZCProhibition on importation of offensive weapons: exceptions
1
The importation of a weapon is not prohibited by section 141ZB if one of the following exceptions applies.
2
Exception 1 is that the weapon is imported for the purposes only of functions carried out on behalf of—
a
the Crown, or
b
a visiting force.
3
Exception 2 is that the weapon is imported for the purposes only of making it available to a museum or gallery which does not distribute profits.
4
Exception 3 is that the weapon is imported for the purposes only of making it available for one or more of the following—
a
theatrical performances;
b
rehearsals of theatrical performances;
c
the production of films;
d
the production of television programmes.
5
In subsection (4)—
“films” has the meaning given by section 5B of the Copyright, Designs and Patents Act 1988;“television programmes” has the meaning given by section 405 of the Communications Act 2003.
6
The Secretary of State may by order provide for further exceptions from the prohibition on importation of weapons under section 141ZB.
7
Orders under this section are to be made by statutory instrument.
8
A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
9
Expressions used in this section and in section 141 have the same meaning in this section as in that section.
141ZDProhibition on importation of offensive weapons: burdens of proof
1
This section applies for the purposes of proceedings for an offence under the Customs and Excise Management Act 1979 relating to a weapon the importation of which is prohibited by section 141ZB above.
2
An exception conferred by or under section 141ZC is to be taken not to apply unless sufficient evidence is adduced to raise an issue with respect to the exception.
3
Where sufficient evidence is adduced to raise an issue with respect to an exception, it is to be taken to apply unless the contrary is proved beyond a reasonable doubt.
E7141AF141Sale of knives and certain articles with blade or point to persons under sixteen.
C181
Any person who sells to a person under the age of F148eighteen years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
2
Subject to subsection (3) below, this section applies to—
a
any knife, knife blade or razor blade,
b
any axe, and
c
any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.
3
This section does not apply to any article described in—
a
section 1 of the M58Restriction of Offensive Weapons Act 1959,
b
an order made under section 141(2) of this Act, or
c
an order made by the Secretary of State under this section.
4
It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
5
The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
E6141AF142F141Sale of knives and certain articles with blade or point to persons under eighteen
C181
F143Subject to subsection (3A) belowAny person who sells to a person under the age of F144eighteen years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
2
Subject to subsection (3) below, this section applies to—
a
any knife, knife blade or razor blade,
b
any axe, F145. . .
F146ba
any sword; and
c
any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.
3
This section does not apply to any article described in—
a
section 1 of the M58Restriction of Offensive Weapons Act 1959,
b
an order made under section 141(2) of this Act, or
c
an order made by the Secretary of State under this section.
F1473A
It is not an offence under subsection (1) to sell a knife or knife blade to a person if—
a
the person is aged 16 or over; and
b
the knife or blade is designed for domestic use.
4
It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
5
The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
142 Power of justice of the peace to authorise entry and search of premises for offensive weapons.
1
If on an application made by a constable a justice of the peace (including, in Scotland, the sheriff) is satisfied that there are reasonable grounds for believing—
a
that there are on premises specified in the application—
i
knives such as are mentioned in section 1(1) of the M59Restriction of Offensive Weapons Act 1959; or
ii
weapons to which section 141 above applies; and
b
that an offence under section 1 of the Restriction of Offensive Weapons Act 1959 or section 141 above has been or is being committed in relation to them; and
c
that any of the conditions specified in subsection (3) below applies,
he may issue a warrant authorising a constable to enter and search the premises.
2
A constable may seize and retain anything for which a search has been authorised under subsection (1) above.
3
The conditions mentioned in F149subsection (1)(c) above are—
a
that it is not practicable to communicate with any person entitled to grant entry to the premises;
b
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the knives or weapons to which the application relates;
c
that entry to the premises will not be granted unless a warrant is produced;
d
that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
4
Subsection (1)(a)(i) shall be omitted in the application of this section to Northern Ireland.
Serious fraud
143 Assistance to Isle of Man and Channel Islands.
In subsection (1) of section 2 of the M60Criminal Justice Act 1987 (investigation powers of Director of Serious Fraud Office) after the word “above," there shall be inserted the words “or, on a request made by the Attorney General of the Isle of Man, Jersey or Guernsey, under legislation corresponding to that section and having effect in the Island whose Attorney General makes the request,".
144 Transferred charges.
1
The M61Criminal Justice Act 1987 shall be amended as follows.
2
In section 4(1) (under which, on a notice of transfer in a fraud case, the functions of a magistrates’ court, subject to certain exceptions, cease in relation to the case) after “5(3)" there shall be inserted “, (7A)".
3
In section 5 (notices of transfer—procedure)—
a
in subsection (4), for the words “without the person charged" there shall be substituted the words “in relation to a person charged without his";
b
in subsection (5)(a), for the word “charged" there shall be substituted the words “in question";
c
in subsection (6)—
i
for the words “the person charged" there shall be substituted the words “a person to whom it relates"; and
ii
for the words “examining justices" there shall be substituted the words “a magistrates’ court";
d
in subsection (7)—
i
for the word “charged" there shall be substituted the words “to whom the notice of transfer relates"; and
ii
for the words “examining justices" there shall be substituted the words “a magistrates’ court";
e
in subsection (8)(b), for the words “whose written statement is tendered in evidence for the purposes of the notice of transfer" there shall be substituted the words “indicated in the notice of transfer as a proposed witness;" and
f
in subsection (9)(a)—
i
in sub-paragraph (i), for the words “the person charged" there shall be substituted the words “any person to whom the notice of transfer relates"; and
ii
in sub-paragraph (ii), after the word “the", in the second place where it occurs, there shall be inserted the words “place specified by the notice of transfer as the".
4
The following subsection shall be inserted after section 5(7)—
7A
If the notice states that the requirement is to continue, when a person to whom the notice relates appears before the magistrates’ court, the court shall have—
a
the powers and duty conferred on a magistrates’ court by subsection (3) above, but subject as there provided; and
b
power to enlarge, in the surety’s absence, a recognizance conditioned in accordance with section 128(4)(a) of the Magistrates’ Courts Act 1980 so that the surety is bound to secure that the person charged appears also before the Crown Court.
5
The following section shall be substituted for section 6—
6 Applications for dismissal.
1
Where notice of transfer has been given, any person to whom the notice relates, at any time before he is arraigned (and whether or not an indictment has been preferred against him), may apply orally or in writing to the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial for the charge, or any of the charges, in the case to be dismissed; and the judge shall dismiss a charge (and accordingly quash a count relating to it in any indictment preferred against the applicant) if it appears to him that the evidence against the applicant would not be sufficient for a jury properly to convict him.
2
No oral application may be made under subsection (1) above unless the applicant has given the Crown Court sitting at the place specified by the notice of transfer as the proposed place of trial written notice of his intention to make the application.
3
Oral evidence may be given on such an application only with the leave of the judge or by his order, and the judge shall give leave or make an order only if it appears to him, having regard to any matters stated in the application for leave, that the interests of justice require him to do so.
4
If the judge gives leave permitting, or makes an order requiring, a person to give oral evidence, but he does not do so, the judge may disregard any document indicating the evidence that he might have given.
5
Dismissal of the charge, or all the charges, against the applicant shall have the same effect as a refusal by examining magistrates to commit for trial, except that no further proceedings may be brought on a dismissed charge except by means of the preferment of a voluntary bill of indictment.
6
Crown Court Rules may make provision for the purposes of this section and, without prejudice to the generality of this subsection—
a
as to the time or stage in the proceedings at which anything required to be done is to be done (unless the court grants leave to do it at some other time or stage);
b
as to the contents and form of notices or other documents;
c
as to the manner in which evidence is to be submitted; and
d
as to persons to be served with notices or other material.
145 Power to petition for winding-up etc. on information obtained on investigation by Director of Serious Fraud Office.
The words “or section 2 of the Criminal Justice Act 1987” shall be inserted—
b
in section 8(1) of the M63Company Directors Disqualification Act 1986, after the words “the Financial Services Act 1986", in the second place where they occur; and
F153c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence before Service courts
146 Evidence before courts-martial etc.
Schedule 13 to this Act shall have effect in relation to evidence before courts-martial, F254. . . the Courts-Martial Appeal Court and Standing Civilian Courts.
Amendments of Police and Criminal Evidence Act 1984 etc.
147 Searches of detained persons.
In section 54 of the M64Police and Criminal Evidence Act l984 (searches of detained persons)—
a
the following paragraph shall be substituted for subsection (1)(b)—
b
arrested at the station or detained there under section 47(5) above.
b
the following subsections shall be inserted after subsection (6)—
6A
A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.
6B
Subject to subsection (6C) below, a constable may seize and retain, or cause to be seized and retained, anything found on such a search.
6C
A constable may only seize clothes and personal effects in the circumstances specified in subsection (4) above.
148 Computer data about fingerprints.
1
The following subsection shall be substituted for subsection (5) of section 64 of the Police and Criminal Evidence Act 1984 (destruction of fingerprints etc.)—
5
If fingerprints are destroyed—
a
any copies of the fingerprints shall also be destroyed; and
b
any chief officer of police controlling access to computer data relating to the fingerprints shall make access to the data impossible, as soon as it is practicable to do so.
2
The following subsections shall be inserted after subsection (6) of that section—
6A
If—
a
subsection (5)(b) above falls to be complied with; and
b
the person to whose fingerprints the data relate asks for a certificate that it has been complied with,
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this section.
6B
In this section—
“chief officer of police” means the chief officer of police for an area mentioned in Schedule 8 to the Police Act 1964; and
“the responsible chief officer of police” means the chief officer of police in whose area the computer data were put on to the computer.
149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154
Provisions relating to Customs and Excise
150 Bail for persons in customs detention.
At the end of section 114(2)(b) of the M65Police and Criminal Evidence Act 1984 there shall be added the words
and
c
that in relation to customs detention (as defined in any order made under this subsection) the Bail Act 1976 shall have effect as if references in it to a constable were references to an officer of Customs and Excise of such grade as may be specified in the order.
I2151 Customs and Excise power of arrest.
1
If—
a
a person—
i
has been released on bail in criminal proceedings for an offence falling within subsection (4) below; and
ii
is under a duty to surrender into customs detention; and
b
an officer of Customs and Excise has reasonable grounds for believing that that person is not likely to surrender to custody,
he may be arrested without warrant by an officer of Customs and Excise.
2
A person arrested in pursuance of subsection (1) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace F155. . . .
3
In reckoning for the purposes of subsection (2) above any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
4
The offences that fall within this subsection are—
a
b
a drug trafficking offence.
F157c
a money laundering offence;
5
In this section and section 152 below “drug trafficking offence” means F158any offence which is specified in—
a
paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
b
so far as it relates to that paragraph, paragraph 10 of that Schedule.
F1596
In this section “money laundering offence” means any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act.
152 Remands of suspected drug offenders to F160. . . detention.
1
Subject—
a
to subsection (2) below; and
b
to section 4 of the Bail Act 1976,
where—
i
a person is brought before a magistrates’ court on a charge of an offence against section 5(2) of the Misuse of Drugs Act 1971 or a drug trafficking offence; and
ii
the court has power to remand him,
it shall have power, if it considers it appropriate to do so, to remand him to customs detention, that is to say, commit him to the custody of a customs officer for a period not exceeding 192 hours.
F1611A
In subsection (1) the power of a magistrates' court to remand a person to customs detention for a period not exceeding 192 hours includes power to commit the person to the custody of a constable to be detained for such a period.
2
This section does not apply where a charge is brought against a person under the age of 17.
3
In the application of this section to Northern Ireland, for the words from the beginning of subsection (1) above to “1976" there shall be substituted the words “Subject to subsection (2) below,".
F1624
In the application of this section to Northern Ireland, “drug trafficking offence" meansF163any offence which is specified in—
a
paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
b
so far as it relates to that paragraph, paragraph 10 of that Schedule.
Bail and custody
153 Court to give reasons for granting bail to a person accused of serious offence.
The following paragraph shall be inserted after paragraph 9 (decisions as to grant or refusal of bail) of Part I of Schedule 1 to the M67Bail Act 1976—
9A
1
If—
a
the defendant is charged with an offence to which this paragraph applies; and
b
representations are made as to any of the matters mentioned in paragraph 2 of this Part of this Schedule; and
c
the court decides to grant him bail,
the court shall state the reasons for its decision and shall cause those reasons to be included in the record of the proceedings.
2
The offences to which this paragraph applies are—
a
murder;
b
manslaughter;
c
rape;
d
attempted murder; and
e
attempted rape.
154 Decisions where bail refused on previous hearing.
The following new Part shall be inserted after Part II of Schedule 1 to the Bail Act 1976—
Part IIA Decisions where Bail Refused on Previous Hearing
1
If the court decides not to grant the defendant bail, it is the court’s duty to consider, at each subsequent hearing while the defendant is a person to whom section 4 above applies and remains in custody, whether he ought to be granted bail.
2
At the first hearing after that at which the court decided not to grant the defendant bail he may support an application for bail with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
3
At subsequent hearings the court need not hear arguments as to fact or law which it has heard previously.
155 Remands in custody for more than eight days.
1
The following section shall be inserted after section 128 of the M68Magistrates’ Courts Act 1980—
128A Remands in custody for more than eight days.
1
The Secretary of State may by order made by statutory instrument provide that this section shall have effect—
a
in an area specified in the order; or
b
in proceedings of a description so specified,
in relation to any accused person (“the accused") who has attained the age of 17.
2
A magistrates’ court may remand the accused in custody for a period exceeding 8 clear days if—
a
it has previously remanded him in custody for the same offence; and
b
he is before the court,
but only if, after affording the parties an opportunity to make representations, it has set a date on which it expects that it will be possible for the next stage in the proceedings, other than a hearing relating to a further remand in custody or on bail, to take place, and only—
i
for a period ending not later than that date; or
ii
for a period of 28 clear days,
whichever is the less.
3
Nothing in this section affects the right of the accused to apply for bail during the period of the remand.
4
A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House.
2
After paragraph 9A of Schedule 1 to the M69Bail Act 1976 there shall be inserted—
9B Cases under section 128A of Magistrates’ Courts Act 1980
Where the court is considering exercising the power conferred by section 128A of the Magistrates’ Courts Act 1980 (power to remand in custody for more than 8 clear days), it shall have regard to the total length of time which the accused would spend in custody if it were to exercise the power.
Appeals
156 Appeals to Crown Court.
In paragraph (a) of section 48(2) of the M70Supreme Court Act 1981 (which sets out the powers of the Crown Court on the termination of the hearing of an appeal) for the words “the decision appealed against" there shall be substituted the words “any part of the decision appealed against, including a determination not to impose a separate penalty in respect of an offence".
157 Groundless appeals and applications for leave to appeal.
The following section shall be substituted for section 20 of the M71Criminal Appeal Act 1968—
20 Disposal of groundless appeal or application for leave to appeal.
If it appears to the registrar that a notice of appeal or application for leave to appeal does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court for summary determination; and where the case is so referred the Court may, if they consider that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the appeal or application for leave summarily, without calling on anyone to attend the hearing or to appear for the Crown thereon.
Reports of criminal proceedings
158 Anonymity in rape etc. cases.
1
The M72Sexual Offences (Amendment) Act 1976 shall be amended as follows.
2
The following subsections shall be substituted for subsection (1) of section 4 (anonymity of complainants in rape etc. cases)—
1
Except as authorised by a direction given in pursuance of this section—
a
after an allegation that a woman has been the victim of a rape offence has been made by the woman or by any other person, neither the woman’s name nor her address nor a still or moving picture of her shall during her lifetime—
i
be published in England and Wales in a written publication available to the public; or
ii
be broadcast or included in a cable programme in England and Wales,
if that is likely to lead members of the public to identify her as an alleged victim of such an offence; and
b
after a person is accused of a rape offence, no matter likely to lead members of the public to identify a woman as the complainant in relation to that accusation shall during her lifetime—
i
be published in England and Wales in a written publication available to the public; or
ii
be broadcast or included in a cable programme in England and Wales;
but nothing in this subsection prohibits the publication or broadcasting or inclusion in a cable programme of matter consisting only of a report of criminal proceedings other than proceedings at, or intended to lead to, or on an appeal arising out of, a trial at which the accused is charged with the offence.
1A
In subsection (1) above “picture” includes a likeness however produced.
3
The following subsections shall be inserted after subsection (5) of that section—
5A
Where a person is charged with an offence under subsection (5) of this section in respect of the publication or broadcast of any matter or the inclusion of any matter in a cable programme, it shall be a defence, subject to subsection (5B) below, to prove that the publication, broadcast or cable programme in which the matter appeared was one in respect of which the woman had given written consent to the appearance of matter of that description.
5B
Written consent is not a defence if it is proved that any person interfered unreasonably with the woman’s peace or comfort with intent to obtain the consent.
4
In subsection (3) of that section—
a
the words “before the Crown Court at which a person is charged with a rape offence" and “relating to the complainant" shall cease to have effect; and
b
for the words “an acquittal of a defendant at" there shall be substituted the words “the outcome of".
5
Section 6 (anonymity of defendants in rape etc. cases) shall cease to have effect.
6
In section 7(2), in the definition of a “rape offence" , for the words “and incitement to rape" there shall be substituted the words, “incitement to rape, conspiracy to rape and burglary with intent to rape".
159 Crown Court proceedings— orders restricting or preventing reports or restricting public access.
1
A person aggrieved may appeal to the Court of Appeal, if that court grants leave, against—
a
an order under section 4 or 11 of the M73Contempt of Court Act 1981 made in relation to a trial on indictment;
F164aa
an order made by the Crown Court under section 58(7) or (8) of the M74Criminal Procedure and Investigations Act 1996 in a case where the Court has convicted a person on a trial on indictment;
b
any order restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial; and
c
any order restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings;
and the decision of the Court of Appeal shall be final.
2
Subject to Rules of Court, the jurisdiction of the Court of Appeal under this section shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this section shall be construed as references to that division.
3
On an application for leave to appeal under this section a judge shall have power to give such directions as appear to him to be appropriate and, without prejudice to the generality of this subsection, power—
a
to order the production in court of any transcript or note of proceedings or other document;
b
to give directions as to persons who are to be parties to the appeal or who may be parties to it if they wish and as to service of documents on any person;
and the Court of Appeal shall have the same powers as the single judge.
C194
Subject to Rules of Court made by virtue of subsection (6) below, any party to an appeal under this section may give evidence before the Court of Appeal orally or in writing.
5
On the hearing of an appeal under this section the Court of Appeal shall have power—
a
to stay any proceedings in any other court until after the appeal is disposed of;
b
to confirm, reverse or vary the order complained of; and
c
to make such order as to costs as it thinks fit.
6
F165. . . Rules of Court may make in relation to trials satisfying specified conditions special provision as to the practice and procedure to be followed in relation to hearings in camera and appeals from orders for such hearings and may in particular, but without prejudice to the generality of this subsection, provide that subsection (4) above shall not have effect.
7
In the application of this section to Northern Ireland—
a
subsection (2) shall be omitted; and
F166b
in subsection (6), before “Rules of Court” there shall be inserted Without prejudice to the generality of sections 52 and 55 of the Judicature (Northern Ireland) Act 1978.
Possession of indecent photograph of child
160F167Possession of indecent photograph of child
1
2
Where a person is charged with an offence under subsection (1) above, it shall be a defence for him to prove—
a
that he had a legitimate reason for having the photograph F170or pseudo-photograph in his possession; or
b
that he had not himself seen the photograph F170or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or
c
that the photograph F170or pseudo-photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
F1712A
A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.
3
4
Sections 1(3), 2(3), 3 and 7 of the M75Protection of Children Act 1978 shall have effect as if any reference in them to that Act included a reference to this section.
F1735
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
160AF175Marriage and other relationships
1
This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—
a
were married F174or civil partners of each other , or
b
lived together as partners in an enduring family relationship.
2
This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—
a
were married F174or civil partners of each other , or
b
lived together as partners in an enduring family relationship.
3
This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.
4
If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.
161 Possession of indecent photographs of children: Scotland.
1
The following section shall be inserted after section 52 of the M76Civic Government (Scotland) Act 1982—
52A Possession of indecent photographs of children.
1
It is an offence for a person to have any indecent photograph of a child (meaning in this section a person under the age of 16) in his possession.
2
Where a person is charged with an offence under subsection (1), it shall be a defence for him to prove—
a
that he had a legitimate reason for having the photograph in his possession; or
b
that he had not himself seen the photograph and did not know, nor had any cause to suspect, it to be indecent; or
c
that the photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
3
A person shall be liable on summary conviction of an offence under this section to a fine not exceeding level 5 on the standard scale.
4
Subsections (2) and (8) of section 52 of this Act shall have effect for the purposes of this section as they have for the purposes of that section.
2
Section 52A of that Act shall not have effect in relation to anything done before it comes into force.
Video recordings
162 Enforcement of Video Recordings Act 1984.
The following section shall be inserted after section 16 of the M77Video Recordings Act 1984—
16A Enforcement.
1
The functions of a local weights and measures authority include the enforcement in their area of this Act.
2
The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of this Act by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized under s. 28).
3
Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to initiate proceedings for an offence.
4
Subsection (1) above does not apply in relation to the enforcement of this Act in Northern Ireland, but the functions of the Department of Economic Development include the enforcement of this Act in Northern Ireland.
For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
5
Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if the provisions of this Act were contained in that Act and as if the functions of any person in relation to the enforcement of this Act were functions under that Act.
Restitution orders
F176163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates’ courts areas and officers
F177164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F178165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Costs and expenses
166 Costs and expenses of prosecution witnesses and other persons.
1
Section 14 of the M78Prosecution of Offences Act 1985 (control of certain fees and expenses etc. paid by Crown Prosecution Service) shall be amended as follows—
a
at the end of paragraph (b) of subsection (1) there shall be added the words “and, subject to subsection (1A) below, of any other person who in the opinion of the Service necessarily attends for the purpose of the case otherwise than to give evidence";
b
the following subsections shall be inserted after that subsection—
1A
The power conferred on the Attorney General by subsection (1)(b) above only relates to the costs and expenses of an interpreter if the interpreter is required because of the lack of English of a person attending to give evidence at the instance of the Service.
1B
In subsection (1)(b) above “attending” means attending at the court or elsewhere.
c
the following subsection shall be inserted after subsection (2)—
3
Regulations made under subsection (1)(b) above may provide that scales or rates of costs and expenses shall be determined by the Attorney General with the consent of the Treasury.
2
In paragraph (a) of section 19(3) of that Act (regulations as to payment out of central funds) after the word “proceedings" there shall be inserted the words “, and any other person who in the opinion of the court necessarily attends for the purpose of the proceedings otherwise than to give evidence,".
3
The following subsection shall be inserted after that subsection—
3A
In subsection (3)(a) above “attendance” means attendance at the core elsewhere.
4
The amendments made by subsections (2) and (3) above shall be deemed to have come into force on 1st October 1986.
5
In Schedule 1 to the M79Criminal Justice Act 1987 (control of certain fees and expenses etc. paid by Serious Fraud Office)—
a
in sub-paragraph (1)(b) of paragraph 8, for the word “to" in the third place it occurs there shall be substituted the word “of"; and
b
the following sub-paragraph shall be inserted after sub-paragraph (4) of that paragraph—
5
In sub-paragraph (1)(b) above “attends” means attends at the court or elsewhere.
Acquisition of easements etc.
167 Acquisition of easements etc. under Prison Act 1952.
The power to purchase land conferred on the Secretary of State by section 36 of the M80Prison Act 1952 (acquisition of land for prisons) shall include and be deemed always to have included power to purchase easements and other rights over land, including easements and other rights not previously in existence.
Part XII General and Supplementary
168 Northern Ireland.
1
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M81Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of any provision of this Act to which this section applies—
a
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
b
shall be subject to annulment in pursuance of a resolution of either House.
2
The provisions of this Act to which this section applies are—
sections 23 to 27;
section 28;
sections 29 to 34;
section 44(3) and (4);
section 47;
section 144;
section 160.
169 Financial provision.
There shall be paid out of money provided by Parliament—
a
any expenses incurred under this Act by a Minister of the Crown; and
b
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
I3170 Minor and consequential amendments and repeals.
1
The enactments mentioned in Schedule 15 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).
2
The enactments mentioned in Schedule 16 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule but subject to the Notes at the end of the Schedule.
171 Commencement.
P11
Subject to the following provisions of this section, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.
2
An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with any provision thereby brought into force F179. . ..
F180F1803
. . ..
F1804
. . ..
5
The following provisions shall come into force on the day this Act is passed—
section 66;
section 67;
section 103(1), so far as it relates—
a
to the addition of two subsections at the end of section 8 of the M82Drug Trafficking Offences Act 1986;
b
to the insertion of a new subsection in section 24 of that Act; and
c
to the substitution of two new sections for section 26 of that Act;
section 129;
section 132, so far as it relates to the M83Local Government Finance Act 1982;
section 141;
section 142;
section 143;
section 144;
section 149;
section 166;
section 167;
section 168;
section 169;
subsection (1) of section 170, so far as relating to the following—
section 112A(1) of the M84Land Registration Act 1925;
the extension of references in the M85Children and Young Persons Act 1933 to the offences mentioned in Schedule 1 to that Act so as to include offences under Part I of the M86Child Abduction Act 1984;
the M87Visiting Forces Act 1952;
section 67(6) of the M88Criminal Justice Act 1967;
section 29 of the M89Children and Young Persons Act 1969;
section 6(1) of the M90Juries Act 1974;
sections 171 and 368 of and Schedule 1 to the M91Criminal Procedure (Scotland) Act 1975;
the M92Child Care Act 1980;
sections 37 and 133 of the M93Magistrates’ Courts Act 1980;
section 52(7) of the M94Civic Government (Scotland) Act 1982;
the M95Criminal Justice Act 1982;
the M96Police and Criminal Evidence Act 1984;
the M97Prosecution of Offences Act 1985;
the M98Criminal Justice Act 1987;
the M99Criminal Justice (Scotland) Act 1987;
subsection (2) of that section, so far as relating to the following—
this section;
sections 172 and 173.
6
The following provisions—
section 44;
section 45;
section 46;
section 47;
section 48;
section 58;
section 64;
section 68;
section 69;
section 134;
section 135;
section 136;
section 137;
section 138;
section 139;
section 140;
section 158;
sections 160 and 161;
subsection (1) of section 170, so far as relating to the M102Sexual Offences (Amendment) Act M1031976, the Protection of Children Act 1978 and section 6(5) of the Magistrates’ Courts Act 1980;
subsection (2) of that section, so far as relating to the following—
the M104Prevention of Corruption Act 1916;
Schedule 3 to the M105Criminal Justice Act 1967;
section 28(3) of the M106Criminal Justice Act 1972;
the M107Sexual Offences (Amendment) Act 1976;
the M108Protection of Children Act 1978;
the M109Cable and Broadcasting Act 1984;
section 24(2)(e) of the M110Police and Criminal Evidence Act 1984,
shall come into force at the end of the period of two months beginning with the day this Act is passed.
7
Section 162 above shall come into force—
a
on the day appointed under section 23(2) of the M111Video Recordings Act 1984 for the coming into force of the provisions of that Act not in force at the passing of this Act; or
b
on the passing of this Act,
whichever is the later.
172 Extent.
1
Subject to the following provisions of this section, and to sections 19, 20 and 21 above, this Act extends to England and Wales only.
2
The following provisions extend also to Scotland—
Part I;
sections 44 to 48;
section 50;
section 57;
section 63;
section 68;
section 76(3);
section 77(10) and (11);
section 82;
sections 84 to 88;F256sections 93A to 93D; sections 93F and 93G
section 94;
section 102, so far as relating to other provisions of this Act extending to Scotland;
[F257sections 108 to 115 and 117;]
section 133;
section 134;
section 136;
section 137;
sections 141 F258141A and 142;
section 143;
section 145(a) and (b);
section 162;
section 170;
section 171;
this section; and
section 173.
3
The following provisions extend also to Northern Ireland—
Part I;
Part IV;
section 50;
section 133;
section 134;
section 135;
section 136;
section 137;
F259sections 139 to 139B;
section 141;
section 142;
section 143;
section 152;
section 159;
section 162;
section 166(5);
section 170;
section 171;
this section; and
section 173;
4
5
Section 95 above extends only to Scotland and Northern Ireland.
6
Sections 145(c), 149 and 168 above extend to Northern Ireland only.
7
So far as any provision of this Act to which this subsection applies relates to an Act specified in subsection (9) below, it extends to any place to which that Act extends.
8
Subsection (7) above applies—
a
to section 50 above;
b
to section 146 above; and
c
to any other provision of this Act so far as it has effect in relation to courts-martial, the Courts-Martial Appeal Court or Standing Civilian Courts.
9
The Acts mentioned in subsection (7) above are—
a
the M147Army Act 1955;
b
the M148Air Force Act 1955;
c
the M149Naval Discipline Act 1957;
d
the M150Courts-Martial (Appeals) Act 1968; and
e
the M151Armed Forces Act 1976.
10
Section 158 above extends—
a
to Scotland, so far as it relates to courts-martial; and
b
to Northern Ireland, so far as it relates to courts-martial and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) of the M152Sexual Offences (Amendment) Act 1976 as adapted by section 5(1)(b) of that Act.
11
The extent of any amendment of an enactment in Schedule 15 to this Act is the same as that of the enactment amended, except that the amendments of the Offences against the M153Person Act 1861 do not extend to Northern Ireland.
12
The extent of any repeal of an enactment in Schedule 16 to this Act is the same as that of the enactment repealed, subject to the Notes at the end of the Schedule.
173 Citation.
This Act may be cited as the Criminal Justice Act 1988.
SCHEDULES
SCHEDULE 1 . . . F181
Sch. 1, Sch. 15 paras. 95, 96 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2
F182F182SCHEDULE 2
Sch. 2 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 136(a), 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 paras. 6, 27, 44(3) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
1
Where a statement is admitted as evidence in criminal proceedings by virtue of Part II of this Act—
a
any evidence which, if the person making the statement had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings;
b
evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party; and
c
evidence tending to prove that that person, whether before or after making the statement, made (whether orally or not) some other statement which is inconsistent with it shall be admissible for the purpose of showing that he has contradicted himself.
2
A statement which is given in evidence by virtue of Part II of this Act shall not be capable of corroborating evidence given by the person making it.
3
In estimating the weight, if any, to be attached to such a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.
4
5
Expressions used in Part II of this Act and in Part I of the M154Civil Evidence Act 1968 are to be construed in Part II of this Act in accordance with section 10 of that Act.
6
In Part II of this Act “confession has the meaning assigned to it by section 82 of the M155Police and Criminal Evidence Act 1984.
SCHEDULE 3 Reviews of Sentencing—Supplementary
C201
Notice of an application for leave to refer a case to the Court of Appeal under section 36 above shall be given within 28 days from the day on which the sentence, or the last of the sentences, in the case was passed.
2
If the registrar of criminal appeals is given notice of a reference or application to the Court of Appeal under section 36 above, he shall—
a
take all necessary steps for obtaining a hearing of the reference or application; and
b
obtain and lay before the Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the reference or application.
3
Rules of court may enable a person to whose sentencing such a reference or application relates to obtain from the registrar any documents or things, including copies or reproductions of documents, required for the reference or application and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.
4
An application to the Court of Appeal for leave to refer a case to the House of Lords under section 36(5) above shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review of the case; and an application to the House of Lords for leave shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review or refuse leave to refer the case to the House of Lords.
5
The time during which a person whose case has been referred for review under section 36 above is in custody pending its review and pending any reference to the House of Lords under subsection (5) of that section shall be reckoned as part of the term of any sentence to which he is for the time being subject.
6
Except as provided by paragraphs 7 and 8 below, a person whose sentencing is the subject of a reference to the Court of Appeal under section 36 above shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.
7
A person in custody shall not be entitled to be present—
a
on an application by the Attorney General for leave to refer a case; or
b
on any proceedings preliminary or incidental to a reference,
unless the Court of Appeal give him leave to be present.
8
The power of the Court of Appeal to pass sentence on a person may be exercised although he is not present.
9
A person whose sentencing is the subject of a reference to the House of Lords under section 36(5) above and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any proceeding preliminary or incidental thereto except where an order of the House authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.
10
The term of any sentence passed by the Court of Appeal or House of Lords under section 36 above shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceeding in relation to which the reference was made.
11
Where on a reference to the Court of Appeal under section 36 above or a reference to the House of Lords under subsection (5) of that section the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to the Court or the House, he shall be entitled to his costs, that is to say to the payment out of central funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, such officer as may be prescribed by order of the House of Lords.
12
In the application of this Schedule to Northern Ireland—
a
any reference to the Attorney General shall be construed as a reference to the Attorney General for Northern Ireland;
b
any reference (except in paragraph 11) to the registrar of criminal appeals shall be construed as a reference to the Master (Queen’s Bench and Appeals);
c
the reference in paragraph 11 to central funds shall be construed as a reference to money provided by Parliament;
d
the reference in paragraph 11 to the registrar of criminal appeals shall be construed as a reference to the Master (Taxing Office).
F185SCHEDULE 4 Confiscation Orders
Sch. 4 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(b), Sch. 12; S.I 2003/333, {art. 2(1)} (as amended by S.I. 2003/531)
F183F183C21Part I Offences in Respect of which Magistrates’ Courts may make Confiscation Orders
Sch. 4 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(b), Sch. 12; S.I 2003/333, {art. 2(1)}
Sch. 4 Pt. I amended by S.I. 1990/1570, art. 2
Sch. 4 Pt. I amended (1.1.1996) by S.I. 1995/3145, art. 2
Sch. 4 Pt. I amended (1.8.1996) by S.I. 1996/1716, arts.2, 4
F183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F184F184Part II Orders Varying List of Offences
Sch. 4 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(b), Sch. 12; S.I 2003/333, {art. 2(1)}
1
The Secretary of State may by order made by statutory instrument amend Part I of this Schedule by removing any offence from or adding any offence to the offences listed in it.
2
A statutory instrument containing an order under paragraph 1 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
SCHEDULE 5 Drug Trafficking Amendments
F264Part I
Sch. 5 Pt. I repealed (3.2.1995) by 1994 c. 37, ss. 67, 69(2), Sch.3.
1
The M156Drug Trafficking Offences Act 1986 shall be amended as follows.
2
In section 7 (cases in which restraint orders and charging orders may be made)—
a
in subsection (2)(a) for the words from “an" to “committed" there shall be substituted the words “whether by the laying of an information or otherwise, a person is to be charged with"; and
b
in subsection (4), for the words “the proposed proceedings are not instituted" there shall be substituted the words “proceedings in respect of the offence are not instituted (whether by the laying of an information or otherwise)".
3
1
The following subsection shall be inserted after subsection (5) of section 8 (restraint orders)—
5A
An application for the discharge or variation of a restraint order may be made by any person affected by it.
2
The following subsections shall be added at the end of that section—
10
The Land Charges Act 1972 and the Land Registration Act 1925 shall apply—
a
in relation to restraint orders, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and
b
in relation to applications for restraint orders, as they apply in relation to other pending land actions.
11
The prosecutor shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates.
4
1
The following paragraphs shall be substituted for subsection (3)(a) and (b) of section 9 (charging orders in respect of land, securities etc.)—
a
may be made only on an application by the prosecutor;
b
may be made on an ex parte application to a judge in chambers;
c
shall provide for notice to be given to persons affected by the order; and
d
may be made subject to such conditions as the court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective
2
The following subsection shall be added at the end of that section—
8
An application for the discharge or variation of a charging order may be made by any person affected by it.
5
Subsection (1) of section 10 of that Act (charging orders: supplementary provisions) shall cease to have effect.
6
1
Section 12 (application of proceeds of realisation and other sums) shall be amended as follows.
2
In subsection (1), after the word “shall" there shall be inserted the words “first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 17A(2) of this Act and then shall,".
3
In subsection (3), for the words from “sum", in the second place where it occurs, to “balance" there shall be substituted the words
justices’ clerk shall apply the money received for the purposes specified in this section and in the order so specified.
4
The justices’ clerk shall first pay any expenses incurred by a person acting as an insolvency practitioner and payable under section 17A(2) of this Act but not already paid under subsection (1) above.
5
If the money was paid to the justices’ clerk by a receiver appointed under section 8 or 11 of this Act or in pursuance of a charging order the justices’ clerk shall next pay the receiver’s remuneration and expenses.
6
After making—
a
any payment required by subsection (4) above; and
b
in a case to which subsection (5) above applies, any payment required by that subsection,
the justices’ clerk shall reimburse any amount paid under section 18(2) of this Act.
7
Any balance in the hands of the justices’ clerk after he has made all payments required by the foregoing provisions of this section
7
In section 15 (bankruptcy of defendant etc.)—
a
subsection (5)(b) and (c) shall cease to have effect; and
b
the following paragraph shall be substituted for subsection (7)(d)—
d
subsection (2)(b) is omitted.
8
1
Section 16 (sequestration in Scotland of defendant etc.) shall be amended as follows.
2
At the end of subsection (2) there shall be inserted the words “and it shall not be competent to submit a claim in relation to the confiscation order to the permanent trustee in accordance with section 48 of that Act".
3
The following subsection shall be substituted for subsection (5)—
5
Where, during the period before sequestration is awarded, an interim trustee stands appointed under the proviso to section 13(1) of that Act and any property in the debtor’s estate is subject to a restraint order, the powers conferred on the trustee by virtue of that Act do not apply to property for the time being subject to the restraint order.
9
In subsection (1) of section 17 (winding up of company holding realisable property) the words from “but" to the end shall cease to have effect.
10
The following section shall be inserted after that section—
17A Insolvency officers dealing with property subject to restraint order.
1
Without prejudice to the generality of any enactment contained in the Insolvency Act 1986 or in any other Act, where—
a
any person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions are not exercisable because it is for the time being subject to a restraint order; and
b
at the time of the seizure or disposal he believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property,
he shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence in so acting; and a person so acting shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his acting in connection with those proceedings.
2
Any person who, acting as an insolvency practitioner, incurs expenses—
a
in respect of such property as is mentioned in paragraph (a) of subsection (1) above and in so doing does not know and has no reasonable grounds to believe that the property is for the time being subject to a restraint order; or
b
other than in respect of such property as is so mentioned, being expenses which, but for the effect of a restraint order, might have been met by taking possession of and realising the property,
shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under that subsection) to payment of those expenses under section 12(1) or (3)(za) of this Act.
3
In this Act, the expression “acting as an insolvency practitioner” shall be construed in accordance with section 388 (interpretation) of the said Act of 1986 except that for the purposes of such construction the reference in subsection (2)(a) of that section to a permanent or interim trustee in sequestration shall be taken to include a reference to a trustee in sequestration and subsection (5) of that section (which provides that nothing in the section is to apply to anything done by the official receiver) shall be disregarded; and the expression shall also comprehend the official receiver acting as receiver or manager of the property.
11
In subsection (2) of section 18 (receivers: supplementary provisions) for “(3)(a)" there shall be substituted “(3B)".
12
In section 19 (compensation)—
a
in paragraph (b)(i) of subsection (1), the words “(and no conviction for any drug trafficking offence is substituted)" shall cease to have effect;
b
at the end of that subsection there shall be added the words “if, having regard to all the circumstances, it considers it appropriate to make such an order";
c
in subsection (2)—
i
the words “and that, but for that default, the proceedings would not have been instituted or continued,"; and
ii
in paragraph (b), the word “substantial",
shall cease to have effect; and
d
the following subsection shall be inserted after that subsection—
2A
The Court shall not order compensation to be paid in any case where it appears to the Court that the proceedings would have been instituted or continued if the serious default had not occurred.
13F263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
1
The following paragraph shall be substituted for subsection (1)(d) of section 25 (enforcement of Northern Ireland orders)—
d
the references to the laying of an information in section 7(2) and (4) of this Act included references to making a complaint under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981.
2
In subsection (3) of that section the words “varying or revoking a previous Order in Council" shall cease to have effect.
15
The following sections shall be substituted for section 26—
26 Enforcement of other external orders.
1
Her Majesty may by Order in Council—
a
direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;
b
make—
i
such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order; and
ii
such provision as to evidence or proof of any matter for the purposes of this section and section 26A below; and
iii
such incidental, consequential and transitional provision,
as appears to Her Majesty to be expedient; and
c
without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.
2
In this Act—
“external confiscation order” means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value; and
“modifications” includes additions, alterations and omissions.
3
An Order in Council under this section may make different provision for different cases or classes of case.
4
The power to make an Order in Council under this section includes power to modify this Act in such a way as to confer power on a person to exercise a discretion.
5
An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
26A Registration of external confiscation orders.
1
On an application made by or on behalf of the Government of a designated country, the High Court may register an external confiscation order made there if—
a
it is satisfied that at the time of registration the order is in force and not subject to appeal;
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
c
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
2
In subsection (1) above “appeal” includes—
a
any proceedings by way of discharging or setting aside a judgment; and
b
an application for a new trial or a stay of execution.
3
The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
16
The following subsections shall be substituted for subsections (12) and (13) of section 38 (general interpretation)—
12
Proceedings for an offence are concluded—
a
when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings;
b
on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).
13
An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
17
In section 40(4) (effect of Act in Scotland), in paragraph (b), for “17" there shall be substituted “17A".
Part II Amendments of Criminal Justice (Scotland) Act 1987
18
The M157Criminal Justice (Scotland) Act 1987 shall be amended as follows.
19
In section 1 (confiscation orders) in paragraph (b) of subsection (2) after the words “restriction on importation" there shall be inserted the words “and exportation".
20
In subsection (6)(a) of section 11 (which applies the provisions of that section to restraint orders under the M158Drug Trafficking Offences Act 1986 registered in Scotland) after the word “information" there shall be inserted the words “in respect of the charge".
21
In subsection (3) of section 16 (application of proceeds of realisation and other sums) for the words from “sum", in the second place where it occurs, to “applied", in the third place where it occurs, there shall be substituted the words
sheriff clerk shall apply the money received—
a
first, in payment of any expenses to payment of which a person is entitled under section 37(2) of this Act but which were not paid to him under subsection (1) above;
b
next, in payment of the administrator’s remuneration and expenses;
c
next,
22
In section 34(6)(d) (bankruptcy in England and Wales of person holding realisable property) for the words “subsections (2)(b) and (4) are" there shall be substituted the words “subsection (2)(b) is".
23
In subsection (5) of section 38 (order to permit entry to premises) after the word “constable" there shall be inserted the words “or person commissioned as aforesaid".
F186SCHEDULE 6
Sch. 6 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7), Sch.
F187SCHEDULE 7
Sch. 7 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.
SCHEDULE 8 Custodial Sentences for Young Offenders
Part I Amendments
General
1
In any enactment for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution.
2
In any enactment except—
a
section 21 of the M112Firearms Act 1968;
b
Schedule 1 to the M113Juries Act 1974;
c
section 5 of the M114Rehabilitation of Offenders Act 1974; and
d
section 17(3) of the M115Criminal Justice Act 1982,
for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution.
3
1
In any enactment except—
a
Part II of Schedule 1 to the M116Juries Act 1974;
b
section 5 of the M117Rehabilitation of Offenders Act 1974; and
for a reference to a sentence of Borstal training there shall be substituted a reference to a sentence of detention in a young offender institution.
2
In any enactment for a reference to a Borstal institution there shall be substituted a reference to a young offender institution.
Army Act 1955 (c. 18)
Air Force Act 1955 (c. 19)
Firearms Act 1968 (c. 27)
6
In section 21(1) and (2) of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime) after the words “youth custody" there shall be inserted the words “or detention in a young offender institution".
Employment Agencies Act 1973 (c. 35)
7
In section 13(7)(a)(ii) of the M119 Employment Agencies Act 1973 for the words from “prison" to “institution", in the second place where it occurs, there shall be substituted the words “custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;".
Juries Act 1974 (c. 23)
8
F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rehabilitation of Offenders Act 1974 (c. 53)
9
In section 5 of the M120 Rehabilitation of Offenders Act 1974 (rehabilitation periods) the words “detention in a young offender institution" shall be inserted—
a
in subsection (1)(b), after the words “youth custody"; and
b
in subsection (2), in Table A, after the word “imprisonment", in both places where it occurs.
Criminal Justice Act 1982 (c. 48)
10
The following paragraph shall be inserted after paragraph (b) of section 17(3) of the Criminal Justice Act 1982 (restrictions on making attendance centre orders)—
bb
to detention in a young offender institution
Part II Transitional Provisions
11
1
Where—
a
b
the Crown Court has not dealt with him before that date,
it shall have the same powers of sentencing as if he had been committed on or after that date.
F2652
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
An offender who was sentenced to youth custody on a date before the commencement of section 1A of the Criminal Justice Act 1982 or who was ordered to be detained in a detention centre before that date shall, if the sentence or order has not expired at the commencement of that section, be treated for all purposes of detention. release and supervision as if he had been sentenced to detention for the like term in a young offender institution.
13
A person who at the commencement of section 1A of the Criminal Justice Act 1982 is detained in a detention centre or youth custody centre by virtue of a custodial order—
a
b
under paragraph 10 of Schedule 5A to the M163 Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957,
shall be detained in such young offender institution as the Secretary of State may direct, and any enactment applying to persons detained in young offender institutions shall apply to a person so detained under this paragraph.
14
Rules under section 47 of the M164 Prison Act 1952 may provide that any awards for an offence against discipline made before the commencement of section 1A of the M165 Criminal Justice Act 1982 shall continue to have effect, subject to such modifications as the Secretary of State may consider appropriate in relation to any particular description of award.
15
Where on the commencement of section 1A of the Criminal Justice Act 1982 a person is subject—
a
to a licence under section 60 of the M166 Criminal Justice Act 1967 granted for his release from a youth custody sentence; or
b
to supervision by virtue of section 15 of the Criminal Justice Act 1982,
he shall be treated thereafter as if the sentence or order by virtue of which he is so subject had been a sentence of detention in a young offender institution.
16
Nothing in this Act affects any right of appeal against a sentence of youth custody.
SCHEDULE 9 Detention of Young Offenders in Scotland
Part I AMENDMENTS
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190
Army Act 1955 (c. 18)
Air Force Act 1955 (c. 19)
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
4
In paragraph (b) of Part II (Persons Disqualified) of Schedule I to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 in sub-paragraph (i) for the words “or detention" there shall be substituted the words “detention or youth custody".
Criminal Justice (Scotland) Act 1980 (c. 62)
5
In section 41(2)(b)(ii) of the Criminal Justice (Scotland) Act 1980 after the words “detention in a" there shall be inserted the words “young offender institution or.".
Part II Transitional Provisions
6
An Offender who was ordered to be detained in a detention centre on a date before the commencement of section 124(1) of this Act shall, if the order has not expired at the commencement of that section, be treated for all purposes of detention, release and supervision as if he had been sentenced to detention for the like term in a young offenders institution.
7
A person who at the commencement of section 124 of this Act is detained in a detention centre by virtue of a custodial order—
a
b
under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the M123 Naval Discipline Act 1957,
shall be detained in such young offenders institution as the Secretary of State may direct, and any enactment applying to persons detained in young offenders institutions shall apply to a person so detained under this paragraph.
8
Section 5 of the M124 Rehabilitation of Offenders Act 1974 (rehabilitation periods) shall continue to apply as regards any person who, before the commencement of section 124(1) of this Act, had served a sentence of detention in a detention centre as if the said section 124(1) had not been commenced.
F191SCHEDULE 10
Sch. 10 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Part I Sections Substituted for Section 12 of M167 Children and Young Persons Act 1969
12 Power to include requirements in supervision orders.
1
A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below.
2
Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things—
a
to live at a place or places specified in the directions for a period or periods so specified;
b
to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;
c
to participate in activities specified in the directions on a day or days so specified;
but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act.
3
The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.
12A Young offenders.
1
Subject to subsection (2) of this section, this subsection applies to—
a
any supervision order made under section 7(7) of this Act in respect of a child or young person found guilty as there mentioned; and
b
any supervision order made in respect of a person under section 21(2) of this Act by a court on discharging a care order made in respect of him under the said section 7(7).
2
Subsection (1) of this section does not apply to any supervision order which by virtue of section 12(2) above requires the supervised person to comply with directions given by the supervisor.
3
Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person—
a
to do anything that by virtue of section 12(2) of this Act a supervisor has power, or would but for section 19(12) of this Act have power, to direct a supervised person to do;
b
to remain for specified periods between 6 p.m. and 6 a.m.—
i
at a place specified in the order; or
ii
at one of several places so specified;
c
to refrain from participating in activities specified in the order—
i
on a specified day or days during the period for which the supervision order is in force; or
ii
during the whole of that period or a specified portion of it.
4
Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised.
5
The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90.
6
The court may not include requirements under subsection (3) above in a supervision order unless—
a
it has first consulted the supervisor as to-
i
the offender’s circumstances; and
ii
the feasibility of securing compliance with the requirements,
and is satisfied, having regard to the supervisor’s report, that it is feasible to secure compliance with them;
b
having regard to the circumstances of the case, it considers the requirements necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences; and
c
the supervised person or, if he is a child, his parent or guardian, consents to their inclusion.
7
The court shall not include in such an order by virtue of subsection (3) above—
a
any requirement that would involve the co-operation of a person other than the supervisor and the supervised person unless that other person consents to its inclusion; or
b
any requirement requiring the supervised person to reside with a specified individual; or
c
any such requirement as is mentioned in section 12B(1) of this Act.
8
The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction") shall be the place where the supervised person lives.
9
A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night.
10
A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made.
11
A night restriction shall not be imposed in respect of more than 30 days in all.
12
A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied—
a
by his parent or guardian;
b
by his supervisor; or
c
by some other person specified in the supervision order.
13
A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.
12B Requirements as to mental treatment.
1
Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the M168 Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say—
a
treatment by or under the direction of a fully registered medical practitioner specified in the order;
b
treatment as a non-resident patient at a place specified in the order; or
c
treatment as a resident patient in a hospital or mental nursing home within the meaning of the said Act of 1983, but not a special hospital within the meaning of that Act.
2
A requirement shall not be included in a supervision order in pursuance of subsection (1) above—
a
in any case, unless the court is satisfied that arrangements have been or can be made for the treatment in question and, in the case of treatment as a resident patient, for the reception of the patient;
b
in the case of an order made or to be made in respect of a person who has attained the age of 14, unless he consents to its inclusion;
and a requirement so included shall not in any case continue in force after the supervised person becomes 18.
12C Requirements as to education.
1
Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority.
2
The court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have.
3
Expressions used in subsection (1) above and in the M169 Education Act 1944 have the same meaning there as in that Act.
4
The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.
12D Duty of court to state in certain cases that requirement in place of custodial sentence.
1
Where—
a
in pursuance of section 12A(3)(a) of this Act a court includes a requirement in a supervision order directing the supervised person to participate in specified activities; and
b
it would have imposed a custodial sentence if it had not made a supervision order including such a requirement,
it shall state in open court—
i
that it is making the order instead of a custodial sentence;
ii
that it is satisfied that—
a
the offender has a history of failure to respond to non-custodial penalties and is unable or unwilling to respond to any non-custodial penalty other than a supervision order including such a requirement; or
b
only a supervision order including such a requirement or a custodial sentence would be adequate to protect the public from serious harm from him; or
c
the offence for which he has been convicted or found guilty was so serious that a non-custodial sentence for it other than a supervision order including such a requirement could not be justified; and
iii
why it is so satisfied.
2
Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement.
3
Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.
Part II Amendments Consequential on Substitution of Sections Set Out in Part 1 for Section 12
Words in Sch. 10 Pt. II repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch. 2.
The amendments of the M170Children and Young Persons Act 1969 mentioned in section 128(2) above are—
- a
the substitution of references to section 12A(3) for the references to section 12(3C) in F266. . . section 18(4) and section 19(1)(b) and (13);
- b
the substitution of references to section 12B(1) for the references to section 12(4) in F266. . . section 16(6)(c) and (7); and
- c
the insertion of “, 12A, 12B or 12C" after “section 12" in F266. . . section 16(5)(b) and (c) and (6)(a).
F270Part III
Sch. 10 Pt. III repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2.
F2671. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2682. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2693. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Section Inserted After Section 16
16A Application of sections 17 to 19 of Criminal Justice Act 1982.
1
The provisions of section 17 of the Criminal Justice Act 1982 (attendance centre orders) shall apply for the purposes of section 15(2A)(b) and (4)(a) of this Act but as if—
a
in subsection (1), for the words from “has power" to “probation order" there were substituted the words “considers it appropriate to make an attendance centre order in respect of any person in pursuance of 1969 c. 54. section 15(2A) or (4) of the Children and Young Persons Act 1969";
b
for references to an offender there were substituted references to a supervised person; and
c
subsection (13) were omitted.
2
Sections 18 and 19 of the Criminal Justice Act 1982 (discharge and variation of attendance centre order and breach of attendance centre orders or attendance centre rules) shall also apply for the purposes of each of those paragraphs but as if—
a
for the references to an offender there were substituted references to the person in respect of whom the attendance centre order has been made; and
b
there were omitted—
i
from subsections (3) and (5) of section 19, the words “ , for the offence in respect of which the order was made," and “for that offence" ; and
ii
from subsection (6), the words “for an offence".
F192SCHEDULE 11
Sch. 11 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(3), Sch.4 (Sch. 11 para. 8 expressed to be repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch.5).
Amendments of Schedule 3 to Powers of Criminal Courts Act 1973
1
Schedule 3 to the M171Powers of Criminal Courts Act 1973 shall be amended as follows.
2
In paragraph 4—
a
in sub-paragraph (1), for the word “For" there shall be substituted the words “Subject to sub-paragraph (1A) below, for";
b
the following sub-paragraph shall be inserted after that sub-paragraph—
1A
Where two or more petty sessions areas outside the inner London area form a probation area or part of a probation area, the probation committee, if they think fit, may determine that there shall be one or more joint probation liaison committees for those petty sessions areas; and a joint committee shall consist of not less than three justices appointed by the justices acting for each of the petty sessions areas.
c
the following sub-paragraph shall be inserted after sub-paragraph (3)—
4
A probation liaison committee may delegate all or any of their functions to a sub-committee consisting of members of the committee.
3
The following paragraphs shall be inserted after paragraph 6—
6A
Any probation committee may also co-opt one or more justices with experience of sitting as members of the Crown Court, and one or more stipendiary magistrates appointed in a commission area which is the same as or is situated within the probation area.
6B
1
The Secretary of State may by order provide that the probation committee for any probation area shall co-opt members of the local authority, or any of the local authorities, liable under paragraph 15 below to defray the expenses of the committee.
2
An order under this paragraph may make such consequential, supplementary or transitional provision as appears to the Secretary of State to be necessary or expedient in consequence of the order, including provision for such repeals in or modifications of this Schedule as appear to him to be necessary or expedient in consequence of it.
3
Without prejudice to the generality of sub-paragraph (2) above, an order under this paragraph—
a
may specify, either as a number or as a proportion of the members of the committee, how many persons may be co-opted to a committee and, where two or more authorities are liable to pay the expenses of a committee, how many persons may be co-opted from each of them;
b
may provide for the procedure for co-opting persons to be followed by a committee;
c
may require that such consultations as may be specified in the order shall be carried out before persons are so co-opted; and
d
may disqualify persons of specified descriptions from being co-opted.
4
An order under this paragraph may make different provision for different committees.
4
Paragraph 7 shall cease to have effect.
5
The following paragraph shall be substituted for paragraph 10(3)(a)—
a
to appoint staff;
6
The following paragraph shall be inserted after paragraph 18(1)(a)—
aa
limiting the number of staff (other than probation officers) who may be appointed under paragraph 3 or 10 above;
Amendment of Local Government Finance Act 1982
8
In paragraph (l) of section 12(2) of the M172Local Government Finance Act 1982 (bodies whose accounts are subject to audit by Audit Commission), after the word “committee" there shall be inserted the words “, except the committee for the inner London area.".
SCHEDULE 12 Assessors of Compensation for Miscarriages of Justice
1
A person may only be appointed to be an assessor for the purposes of section 133 above if he is—
F193a
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland;
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing;
d
a person who holds or has held judicial office in any part of the United Kingdom; or
e
a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
2
A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
3
A person shall vacate office as an assessor—
a
if he ceases to be qualified for appointment as an assessor; or
b
on attaining the age of 72;
unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office.
4
A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.
5
Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—
a
he has been convicted of a criminal offence;
b
he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;
c
he is incapacitated by physical or mental illness; or
d
he is otherwise unable or unfit to perform his duties.
F1946
1
The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.
2
In the case of a person who qualifies for appointment under—
a
paragraph (1)(a), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
3
In the case of a person who qualifies for appointment under—
a
paragraph (1)(b), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
4
In the case of a person who qualifies for appointment under—
a
paragraph (1)(c), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.
7
An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.
SCHEDULE 13 Evidence Before Courts-Martial Etc.
Interpretation
C221
In this Schedule—
“procedural instruments” means—
c
rules under section 49 of the M176Courts-Martial (Appeals) Act 1968; and
d
orders under paragraph 12 of Schedule 3 to the M177Armed Forces Act 1976; and
“Service courts” means—
a
courts-martial constituted under the Army Act 1955 or the Air Force Act 1955;
b
courts-martial constituted under the Naval Discipline Act 1957 F272. . .;
c
the Courts-Martial Appeal Court; and
d
Standing Civilian Courts.
First-hand hearsay
C232
F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Documentary evidence
C243
F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C254
F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C265
F198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Letters of request etc.
C276
1
F199No application shall be made under F200section 7 of the Crime (International Co-operation) Act 2003 in relation to any offence which is or is to be the subject of proceedings before a Service court, but the Secretary of State may by order make provision as to F201requests for assistance in obtaining outside the United Kingdom evidence for such proceedings.
2
An order under this paragraph may make different provision for different classes of case.
3
The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4
Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to F202requests for assistance in obtaining evidence for proceedings before a Service court.
Form of evidence and glossaries
7
For the purpose of helping members—
to understand complicated issues of fact or technical terms F274rules under section 103 of either of the first two of those Acts and F274rules under section 58 of the Naval Discipline Act 1957 may make provision—
i
as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and
ii
as to the furnishing of glossaries for such purposes as may be specified;
in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.
Use of television links
8
1
The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—
a
to proceedings before Service courts; or
b
to proceedings or proceedings of specified descriptions before Service courts in specified places.
2
If an order is made under this paragraph—
a
subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—
a
the witness is not in the country where the court is sitting; or
F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
F203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
An order under this paragraph may provide that section 32(1), F204. . . or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.
4
The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.
6
In this paragraph “modifications” includes additions, omissions and amendments.
F205 Video recordings of evidence
Sch. 13 paras. 9, 10 added (1.10.1996) by 1996 c. 46, s.7; S.I. 1996/2474, art.2.
F2759
1
The Secretary of State may by order direct that section 32A above shall have effect in relation—
a
to proceedings before Service courts; or
b
to proceedings, or proceedings of specified descriptions, before Service courts in specified places,
subject to such modifications as may be specified in the order.
2
The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32A above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.
4
In this paragraph “modifications” includes additions, omissions and amendments.
F206Cross -examination of children
Sch. 13 paras. 9, 10 added (1.10.1996) by 1996 c. 46, s.7; S.I. 1996/2474, art.2.
F27610
1
The Secretary of State may by order direct that section 34A above shall have effect in relation—
a
to proceedings before Service courts; or
b
to proceedings or proceedings of specified descriptions before Service courts in specified places,
subject to such modifications as may be specified in the order.
2
The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
In this paragraph “modifications” includes additions, omissions and amendments.
F207SCHEDULE 14
Sch. 14 repealed by S.I. 1989/1341 (N.I. 12), art. 90(2), Sch. 7 Pt. I
SCHEDULE 15 Minor and Consequential Amendments
Criminal Law Act 1826 (c. 64)
1
Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.
Offences against the Person Act 1861 (c. 100)
2
The Offences against the Person Act 1861 shall be amended as follows.
3
There shall be omitted from section 44 (certificates as to cases of assault or battery) the word “such", in the first place where it occurs, and the words “under either of the last two preceding sections,".
4
In section 45 (bars to further proceedings) for the words “in either of the last three preceding sections mentioned" there shall be substituted the words “is mentioned in section 44 of this Act".
Bankruptcy Act 1914 (c. 59)
5
Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.
Land Registration Act 1925 (c. 21)
6
F208. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1933 (c. 12)
8
In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) after the third paragraph there shall be inserted the following paragraph—
Common assault, or battery.
9
References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the M125Child Abduction Act 1984.
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)
10
The following paragraph shall be substituted for paragraph (iA) of the proviso to subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)—
iA
in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on material that accompanied the copy of that notice which, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, was given to the person charged, being counts which may lawfully be joined in the same indictment;
Prison Act 1952 (c. 52)
11
The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952—
aa
young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution;
12
In subsection (3) of that section, for the word “or" there shall be substituted the words “and a person aged 17 years or over may be detained in such a centre".
Visiting Forces Act 1952 (c. 67)
13
In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—
a
b
the following subsection shall be substituted for subsection (3)—
3
In the application of subsection (2) of this section to Scotland,—
a
for the first reference to Part IV of the Police and Criminal Evidence Act 1984 there shall be substituted a reference to section 32(3) of the Criminal Procedure (Scotland) Act 1975; and
b
for the words “in accordance with the said Part IV, be released on bail or" there shall be substituted the words “if not liberated under section 294(2) of that Act, be".
14
1
In subsection (1) of section 12 of that Act, in the definition of “visiting force", after the words “United Kingdom", in the first place where they occur, there shall be inserted the words “(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,".
2
The following subsection shall be inserted after that subsection—
1A
This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation.
15
—In paragraphs 1(a) and 2(a) of the Schedule, after the word “rape," there shall be inserted the word “ , torture".
Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)
16
In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from “section 1" to “central funds)" there shall be substituted the words “sections 16(1) and 17(1) of the M128Prosecution of Offences Act 1985".
Criminal Justice Act 1967 (c. 80)
17
The Criminal Justice Act 1967 shall be amended as follows.
F21018
In section 62—
a
in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words “one year" there shall be substituted the words “the specified period"; and
b
the following subsection shall be inserted after that subsection—
10A
In subsection (10) above “the specified period” has the same meaning as in section 60(1) above.
19
In subsection (6) of section 67 (computation of sentences) for “(1)" there shall be substituted “(1A)".
Criminal Appeal Act 1968 (c. 19)
20
The Criminal Appeal Act 1968 shall be amended as follows.
21
Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection—
2
A person who on conviction on indictment has also been convicted of a summary offence under section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (7) of that section.
22
F2111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In subsection (4) of that section, after the word “section" there shall be inserted the words “and section 11 of this Act".
23
1
In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after “9" there shall be inserted “(1)".
2
The following subsections shall be inserted after that subsection—
2A
Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.
2B
If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section.
24
The following subsection shall be substituted for subsection (4) of that section—
4
The power of the Court of Appeal under subsection (3) of this section to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 23(1) of the Powers of Criminal Courts Act 1973 or section 47(4) of the Criminal Law Act 1977 in respect of a suspended or partly suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that sentence where the court below made no order in respect of it.
25
The following section shall be inserted after section 18—
18A Appeals in cases of contempt of court.
1
A person who wishes to appeal under section 13 of the Administration of Justice Act 1960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court.
2
Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against.
3
The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal.
26
In subsection (1) of section 19 (bail)—
a
in paragraph (b), the words “or paragraph (a) above” shall be inserted after “1981"; and
b
in paragraph (c), the words “either of those paragraphs” shall be substituted for the words “that paragraph".
27
In section 29(2)(b) (circumstances in which there may not be a direction that time spent in custody is not to be reckoned as part of any sentence) for the words “under section 1 of this Act" there shall be substituted the words
under—
i
section 1 or 11(1A) of this Act; or
ii
section 81(1B) of the Supreme Court Act 1981
28
The following section shall be substituted for section 30—
30 Restitution of property.
1
The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime.
2
The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
3
Where the House of Lords restores a conviction, it may make any order for the restitution of property which the court of trial could have made.
29
The following shall be substituted for the words in section 31 from the beginning of subsection (1) to “powers” in subsection (2)—
1
There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—
a
the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;
b
the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and
c
the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.
2
The powers mentioned in subsection (1) (a) above
30
The following subsection shall be inserted after subsection (2A) of that section—
2B
The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court
31
The following shall be substituted in the first subsection of section 44 for the words from the beginning to “judge", in the first place where it occurs—
1
There may be exercised by a single judge—
a
the powers of the Court of Appeal under this Part of this Act—
i
to extend the time for making an application for leave to appeal;
ii
to make an order for or in relation to bail; and
iii
to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
b
their powers to make orders for the payment of costs under sections 16 and 17 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.
32
F212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Theft Act 1968 (c. 60)
F21333
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214
Children and Young Persons Act 1969 (c. 54)
35
In subsection (1) of section 20A of the Children and Young Persons Act 1969 (power of court to add condition as to charge and control of offender in care), at the end of the first paragraph (b) there shall be inserted the words
or
c
by virtue of section 15(1) of this Act in a case where—
i
the supervision order for which the care order was substituted was made under section 7(7) of this Act; and
ii
the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,
36
In section 29 of that Act (recognisance on release of arrested child or young person) the words “he or" shall cease to have effect.
Tribunals and Inquiries Act 1971 (c. 62)
F21537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts Act 1973 (c. 62)
F21638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21739
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21840
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21941
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22042
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal Aid Act 1974 (c. 4)
43
In section 28(7A) of the Legal Aid Act 1974 for the words “the person charged" there shall be substituted “a person to whom the notice relates".
Juries Act 1974 (c. 23)
44
In subsection (1) of section 3 of the Juries Act 1974 (electoral register as basis of jury selection) for “sixty five" there shall be substituted “seventy".
45
In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word “refusals" there shall be substituted the word “excusals".
46
In section 20(4) of that Act (offences) after the word “excusal" there shall be inserted the words “or deferral".
Rehabilitation of Offenders Act 1974 (c. 53)
47
In section 1(2)(a) of the Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent a person from becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.
Criminal Procedure (Scotland) Act 1975 (c. 21)
48
In each of sections 171 and 368 of the Criminal Procedure (Scotland) Act 1975 (which make provision as to the presumption and determination of the ages of children) in subsection (3) for the words “and (d)" there shall be substituted the words “(d) and (e)".
49
In section 289G of that Act (which creates the standard scale and amends certain enactments accordingly) in subsection (13) (inserted by section 66 of the M129Criminal Justice (Scotland) Act 1987)—
a
after the word “is" there shall be inserted “(a)";
b
for the words from “1987" there shall be substituted—
b
under any instrument (however framed or worded) made by virtue of such an enactment,
a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.
50
In Schedule 1 to that Act (which lists offences against children under the age of 17 years to which special provisions apply) after paragraph (a) there shall be inserted the following paragraph—
aa
any offence under section 80(7) of the Criminal Justice (Scotland) Act 1980 (commission of a homosexual act in certain circumstances).
51
In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph—
e
any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.
Bail Act 1976 (c. 63)
F22152
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Offences (Amendment) Act 1976 (c. 82)
53
1
The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland).
2
In section 5(1)(b), for the word “both" there shall be substituted the word “all".
3
In section 7(6), for the words from “(including" to “6(4)(b))" there shall be substituted the words “and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)".
54
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222
Judicature (Northern Ireland) Act 1978 (c. 23)
56
In section 49(6) of the Judicature (Northern Ireland) Act 1978 (variation of sentences) after the word “appeal)" there shall be inserted the words “and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.)".
57
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223
Interpretation Act 1978 (c. 30)
58
In Schedule 1 to the Interpretation Act l978—
a
after the definition of “Sheriff" there shall be inserted—
“The standard scale”, with reference to a fine or penalty for an offence triable only summarily,—
a
in relation to England and Wales, has the meaning given by section 37 of the Criminal Justice Act l982;
b
in relation to Scotland, has the meaning given by section 289G of the Criminal Procedure (Scotland) Act l975;
c
in relation to Northern Ireland, has the meaning given by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984.
b
after the definition of “Statutory declaration" there shall be inserted—
“Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,—
a
in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act l980;
b
in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act l975; and
c
in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order l984.
59
In the definition of “offence triable either way" in that Schedule, after the word “offence", in the second place where it occurs, there shall be inserted the words “, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988".
Protection of Children Act 1978 (c. 37)
60
The Protection of Children Act 1978 shall be amended as follows.
61
1
In subsection (1) of section 4 (entry, search and seizure) for the words from “are" to the end there shall be substituted the words “is an indecent photograph of a child".
2
In subsection (2) of that section the words from “taken" to the end shall cease to have effect.
62
1
In subsection (2) of section 5 (forfeiture) the words from “taken" to “distributed or shown," shall cease to have effect.
2
In subsection (6) of that section, after “1(1)" there shall be inserted “or section 160 of the Criminal Justice Act 1988".
Justices of the Peace Act 1979 (c. 55)
F22463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Care Act 1980 (c. 5)
64
In section 73(1)(b) of the Child Care Act 1980 (places of safety etc.) for the words “section 38(7)" there shall be substituted the words “section 38(6)".
Magistrates’ Courts Act 1980 (c. 43)
65
The Magistrates’ Courts Act 1980 shall be amended as follows.
66
In section 6(5) (display of notice of committal or discharge) for the words from “section" to the end there shall be substituted the words “section 4 of the M130Sexual Offences (Amendment) Act 1976 (anonymity of complainant in rape etc. cases)".
67
In subsection (1) of section 37 (committal to Crown Court for sentence), for the words “nor more than 16" there shall be substituted the words “but under 17".
F22568
At the end of subsection (8) of section 102 (written statement before examining justices) there shall be added the words “and section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) shall be given a corresponding construction".
69
1
In subsection (3A) of section 128 (remand in custody without accused being brought before court)—
a
after the word “custody" there shall be inserted the words “and the remand was not a remand under section 128A below for a period exceeding 8 clear days,"; and
b
after the word “him" there shall be inserted the words “(otherwise than in the exercise of the power conferred by that section)".
2
In subsection (6) of that section (which lists the cases in which a magistrates’ court may remand a person for a period exceeding 8 clear days) for the word “section", in the first place where it occurs, there shall be substituted the words “sections 128A and".
70
The following subsection shall be inserted after subsection (2) of section 133 (limit on length of imprisonment or youth custody where consecutive terms are imposed)—
2A
In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
71
The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.
72
The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—
4
The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it.
73
The following section shall be inserted after section 16—
16A Appeals in cases of contempt of court.
1
Subject to subsection (2) below, a person who wishes to appeal under section 44 of the 1978 c. 23.Judicature (Northern Ireland) Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.
2
The time for giving notice under this section may be extended either before or after its expiry by the Court.
74
The following section shall be substituted for section 17—
17 Bail.
1
The Court of Appeal may, if it thinks fit—
a
grant an appellant bail pending the determination of his appeal; or
b
vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or
c
revoke bail granted to an appellant under paragraph (a) above.
2
The powers conferred by subsection (1) above may be exercised—
a
on the application of the appellant; or
b
if it appears to the Master that any of them ought to be exercised, on a reference to the court by him.
75
The following section shall be substituted for section 18—
18 Groundless appeals or applications for leave to appeal.
If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon.
76
1
In section 44(1) (constitution of Court of Appeal on appeals or references), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988".
2
In section 44(4)(b) (judge of the Court of Appeal not to hear or determine applications relating to reference under section 14 or 15 where he was the trial judge), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988.".
77
The following paragraph shall be substituted for section 45(2)(d)—
d
to exercise the powers conferred by section 17 of this Act;
78
The following subsection shall be inserted after section 45(3)—
3A
The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.
Supreme Court Act 1981 (c. 54)
F22679
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
80
The following paragraph shall be inserted after subsection (4)(a) of section 55 of F227the Supreme Court Act 1981 (constitution of criminal division of Court of Appeal)—
aa
reviewing sentencing under Part IV of the Criminal Justice Act 1988;
81
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F228
Civil Jurisdiction and Judgments Act 1982 (c. 27)
82
In section 18(4A) of the Civil Jurisdiction and Judgments Act 1982 (exception from provisions regulating the enforcement of UK judgments in other parts of the United Kingdom in respect of the enforcement in Scotland of High Court orders made under the M131Drug Trafficking Offences Act 1986), after “1986" there shall be inserted the words “or Part VI of the Criminal Justice Act 1988 (confiscation of the proceeds of offences)".
83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229
85
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F230
Civic Government (Scotland) Act 1982 (c. 45)
89
In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word “thereof)" there shall be inserted the words “and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)".
Criminal Justice Act 1982 (c. 48)
90
At the end of section 15(11) of the Criminal Justice Act 1982 (offence of failing to comply with supervision requirements) there shall be added (but not as part of paragraph (b)) the words “but not liable to be dealt with in any other way".
91
At the end of part II of Schedule 1 to that Act there shall be added—
CRIMINAL JUSTICE ACT 1988 (c. 33)
30
Section 134 (torture).
92
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F231
95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F232
Police and Criminal Evidence Act 1984 (c. 60)
97
The Police and Criminal Evidence Act 1984 shall be amended as follows.
98
F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99
In section 55(1) (intimate searches) for the words “such a search" there shall be substituted the words “an intimate search".
100
In section 65, in the definition of “intimate samples", for the word “orifice" there shall be substituted the word “orifices".
101
In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).
102
F234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prosecution of Offences Act 1985 (c. 23)
103
The following paragraph shall be inserted after subsection (4)(a) of section 16 of the Prosecution of Offences Act 1985 (defence costs)—
aa
directs under section 8(1B) of the Criminal Appeal Act 1968 the entry of a judgment and verdict of acquittal;
104
In subsection (11) of section 22 of that Act (power of Secretary of State to set time limits in relation to preliminary steps of criminal proceedings), at the end of paragraph (b) of the definition of “custody of the Crown Court" there shall be added
or
c
section 5(3)(a) of the Criminal Justice Act 1987 (custody after transfer order in fraud case);
Local Government Act 1985 (c. 51)
F235105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bankruptcy (Scotland) Act 1985 (c. 66)
106
The Bankruptcy (Scotland) Act 1985 shall be amended as follows.
107
In section 5(4) (interpretation) after “1987" there shall be added the words “, by section 71(9)(a) of the Criminal Justice Act 1988".
108
In section 7(1) (constitution of apparent insolvency)—
a
after the words “Drug Trafficking Offences Act 1986" there shall be inserted the words “or by section 78(2) of the Criminal Justice Act 1988";
b
after the words “(Scotland) Act 1987" there shall be inserted the words “, by section 71(9)(a) of the said Act of 1988"; and
c
after the words “Act of 1987" there shall be inserted the words “, by section 77(1) of the said Act of 1988".
109
Section 55(2) (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
Insolvency Act 1986 (c. 45)
110
Section 281(4) of the Insolvency Act 1986 (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
Criminal Justice Act 1987 (c. 38)
Criminal Justice (Scotland) Act 1987 (c. 41)
111
The following paragraph shall be substituted for subsection (6)(j) of section 3 of the Criminal Justice Act 1987 and subsection (5)(k) of section 54 of the Criminal Justice (Scotland) Act 1987 (each of which sections relates to disclosure of information)—
0
a person appointed by the Bank of England under section 41 of the Banking Act 1987 to carry out an investigation and make a report;
Criminal Justice Act 1987 (c. 38)
112
The Criminal Justice Act 1987 shall be amended as follows.
113
1
In subsection (2) of section 2 (Director’s investigation powers), for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith".
2
In subsection (3) of that section—
a
for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
b
for the word “class" there shall be substituted the word “description".
F236114
1
In subsection (1) of section 11, for the words from “a report" to “containing" there shall be inserted the words “a report of proceedings to which this section applies which contains".
2
The following subsection shall be inserted after that subsection—
1A
This section applies—
a
to an application under section 6(1) above; and
b
to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing.
3
The following subsection shall be substituted for subsection (2)—
2
An order that subsection (1) above shall not apply to reports—
a
of an application under section 6(1) above;
b
of a preparatory hearing;
c
of an appeal to the Court of Appeal under section 9(11) above; or
d
of an application for leave to appeal under that subsection,
may be made—
i
in a case falling within paragraph (a), (b) or (d) above, by the judge dealing with the matter; and
ii
in a case falling within paragraph (c) above, by the Court of Appeal.
4
The following subsection shall be inserted after subsection (9)—
9A
In subsection (9) above “engaged” means engaged under a contract of service or a contract for services.
5
In subsection (15) the following definition shall be added after the definition of “publish"—
“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
115
In section 13(1), for the words “operates only so as to make for Northern Ireland provision corresponding to" there shall be substituted the words “is made only for purposes corresponding to those of".
116
In paragraph 6(1) of Schedule 1, for “(4)" there shall be substituted “(5)".
Criminal Justice (Scotland) Act 1987 (c. 41)
117
1
Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.
2
In subsection (1) for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.":
3
In subsection (2)—
a
for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and
b
for the word “class" there shall be substituted the word “description".
4
In subsection (5) after the word “him" there shall be inserted “(a)" and at the end of the subsection there shall be added the words
; or
b
in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.
The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)
118
1
In Article 24(2) of the Public Order (Northern Ireland) Order 1987, for the words “or Part IV" there shall be substituted the words “Part IV or section 139 of the Criminal Justice Act 1988".
2
In Article 26(1) of that Order, for the words “or 22(1)" there shall be substituted the words “22(1) or section 139 of the Criminal Justice Act 1988".
3
In Article 26(2) (c) of that Order, after the words “Article 22(1)" there shall be inserted the words “or section 139 of the Criminal Justice Act 1988", and after the word “weapon" there shall be inserted the words “or article, as the case may be,".
E8I4SCHEDULE 16 Repeals
Sch. 16 partly in force; Sch. 16 in force at Royal Assent so far as relating to specified repeals see s. 171(5); Sch. 16 in force so far as relating to further specified repeals at 29.9.1988 see s. 171(6); Sch. 16 in force so far as relating to further specified repeals: at 1.10.1988 by S.I. 1988/1408; at 12.10.1988 by S.I. 1988/1676; at 1.11.1988 by S.I. 1988/1817; at 5.1.1989 by S.I. 1988/2073; at 23.1.1989 by S.I. 1989/50; at 3.4.1989 by S.I. 1989/264; at 31.7.1989 by S.I. 1989/1085; at 1.1.2000 by S.I. 1999/3425
The extent of any repeal of an enactment in Sch. 16 is the same as that of the enactment repealed, subject to the Notes at the end of the Schedule
7 Geo. 4. c. 24. | Criminal Law Act 1826. | Section 30. |
24 & 25 Vict. c. 100. | Offences against the Person Act 1861. | Sections 42 and 43. |
In section 44, the word “such, in the first place where it occurs, and the words “under either of the last two preceding sections. | ||
Section 46. | ||
In section 47, the words from “and to the end. | ||
6 & 7 Geo. 5. c. 64. | Prevention of Corruption Act 1916. | Sections 1 and 3. |
15 & 16 Geo. 5. c. 86. | Criminal Justice Act 1925. | Section 39. |
23 & 24 Geo. 5. c. 12. | Children and Young Persons Act 1933. | Section 1(5) and (6). |
In section 38(1), the proviso. | ||
In Schedule 1, in the third paragraph, the words “forty-two, forty-three. | ||
1 Edw. 8. & 1 Geo. 6. c. 37. | Children and Young Persons (Scotland) Act 1937. | Section 12(5) and (6). |
15 & 16 Geo. 6. and 1 Eliz. 2. c. 52. | Prison Act 1952. | Section 43(1)(b) and (c). |
1952 c. 61. | Prisons (Scotland) Act 1952. | In section 31(1), paragraph (b). |
In section 31(3), the words “detention c entre. | ||
In section 31(4), the words “detention centres wherever they occur. | ||
In section 34, the words “or a detention centre. | ||
In section 35(1), the words “detentio n centres. | ||
In section 37(1), the words “or detention centre. | ||
In section 37(2), the words “or detention centre wherever they occur. | ||
9 & 10 Eliz. 2. c. 39. | Criminal Justice Act 1961. | Section 2. |
1967 c. 68. | Fugitive Offenders Act 1967. | In section 8(1) and (2), the words “to custody. |
In section 11(1), the words “in respect of a person in custody thereunder. | ||
In section 16(1), the words “(except for purposes of the references to the United Kingdom in section 3). | ||
Schedule 1. | ||
1967 c. 80. | Criminal Justice Act 1967. | Section 49. |
In Schedule 3, Part I, the entry relating to the Prevention of Corruption Act 1906. | ||
1968 c. 19. | Criminal Appeal Act 1968. | In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act. |
Section 10(3)(d). | ||
Section 42. | ||
1968 c. 27. | Firearms Act 1968. | In section 21(2), the words “to borstal training, to corrective training for less than three years or. |
In section 52(1)(a), the words “preventive detention, corrective training, borstal training,. | ||
1969 c. 12. | Genocide Act 1969. | Section 2(1)(b) and the word “and immediately preceding it. |
In section 3(1), the words “and sections 16 and 17 of the Fugitive Offenders Act 1967. | ||
l969 c. 54. | Children and Young Persons Act l969. | In section 16(10), the words from “and the provisions to the end. |
Section 22(5). | ||
In section 29, the words “he or. | ||
Section 34(1)(f) | ||
In section 60, subsection (1)(b) and the word “and immediately preceding it, and in subsection (2), the words “or section 16(2) or 17 of the said Act of 1967. | ||
F237. . .. | F237. . . | F237. . .. |
1971 c. 40. | Fire Precautions Act 1971. | In section 40(2)(b), the words “detention centre. |
1972 c. 20. | Road Traffic Act 1972. | In section 100, the words “or attempting to drive. |
1972 c. 71. | Criminal Justice Act 1972. | Section 28(3). |
In Schedule 5, the amendment of the Criminal Appeal Act l968. | ||
1973 c. 14. | Costs in Criminal Cases Act 1973. | In Schedule 1, paragraph 3. |
1973 c. 62. | Powers of Criminal Courts Act 1973. | Section 22(5). |
In section 34A(1)(c), the words “other than an order under section 35 of this Act.' | ||
Sections 39 and 40. | ||
In section 57(3), the definition of “detention centre. | ||
In Schedule 3, paragraph 2(4)(b) and the word “and immediately preceding it, and paragraph 7. | ||
In Schedule 5, paragraph 29. | ||
1974 c. 23. | Juries Act 1974. | In section 12(1)(a), the words “not more than three jurors without cause and. |
In section 16(2), the words “for murde r or. | ||
1976 c. 82. | Sexual Offences (Amendment) Act 1976. | In section 4, in subsection (3), the words “before the Crown Court at which a person is charged with a rape offence and “relating to the complainant, and subsection (7)(a). |
In section 5(6), the words from the beginning to “and, in the second place where it occurs. | ||
Section 6. | ||
In section 7, in subsection (4), the words “and 6(4)(b), in subsection (5), the words “and 6 and in subsection (6), the words “and section 6(1) as adapted by section 6(4)(b). | ||
1977 c. 45. | Criminal Law Act 1977. | Section 43. |
In Schedule 5, paragraph 2, so far as relating to section 99(b) of the Road Traffic Act 1972. | ||
In Schedule 6, the entry relating to the Offences against the Person Act 1861. | ||
In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 4(b) and (c). | ||
1978 c. 26. | Suppression of Terrorism Act 1978. | Section 3(2). |
1978 c. 31. | Theft Act 1978. | In section 5(3) the words from “and to the end. |
1978 c. 37. | Protection of Children Act 1978. | In section 1(6), paragraph (b) and the word “and immediately preceding it and the words “and sections 16 and 17 of the 1967 Act. |
In section 4(2), the words from “taken to the end. | ||
In section 5(2), the words from “taken to “distributed or shown,. | ||
1980 c. 9. | Reserve Forces Act 1980. | In Schedule 1, paragraph 5(c)(ii) and the word “or immediately preceding it. |
1980 c. 43. | Magistrates’ Courts Act 1980. | Section 22(7). |
Section 32(7). | ||
Section 134. | ||
In section 143, subsection (2)(l) to (n), subsections (4) and (5) and in subsection (6) the words “or (4). | ||
In Schedule 1, in paragraph 5(h), the words “— common assault. | ||
1982 c. 16. | Civil Aviation Act 1982. | Section 93(3). |
1982 c. 28. | Taking of Hostages Act 1982. | In section 3, subsection (1)(b) and the word “and immediately preceding it and subsections (3) and (5). |
1982 c. 36. | Aviation Security Act 1982. | In section 9, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (3). |
1982 c. 48. | Criminal Justice Act 1982. | Sections 4 to 7. |
Section 12(1) to (5), (8) and (9). | ||
Section 14. | ||
Section 20(1). | ||
In section 43, the words from “and, in the case to “thereof and the words from “(but to the end of the section. | ||
Sections 74 and 75. | ||
In section 80(1), the words “section 74; section 75;. | ||
In Schedule 8, paragraphs 3(c) and 7(d). | ||
1983 c. 18. | Nuclear Material (Offences) Act 1983. | In section 5, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (4). |
1984 c. 39. | Video Recordings Act 1984. | Section 15(2), (4) and (5). |
1984 c. 46. | Cable and Broadcasting Act 1984. | In Schedule 5, paragraph 34(6). |
1984 c. 47. | Repatriation of Prisoners Act 1984. | In Schedule 1, paragraph 4. |
1984 c. 60. | Police and Criminal Evidence Act 1984. | Section 24(2)(e). |
In section 65, the word “and befor e “references. | ||
Section 68. | ||
In Schedule 3, paragraphs 1 to 7 and paragraph 13. | ||
1985 c. 13. | Cinemas Act 1985. | In Schedule 2, paragraph 11. |
1985 c. 37. | Prohibition of Female Circumcision Act 1985. | Section 3(1)(b) and the word “and immediately preceding it. |
1985 c. 51. | Local Government Act 1985. | In section 15(5), the words “or 7. |
1985 c. 65. | Insolvency Act 1985. | In Schedule 8, paragraph 24. |
1986 c. 32. | Drug Trafficking Offences Act 1986. | In section 6, in subsection (1), paragraph (b) and the word “and immediately preceding it, in subsection (3), the words “or 9 and subsection (5). |
Section 10(1). | ||
Section 15(5)(b) and (c). | ||
In section 17(1), the words from “but to the end. | ||
In section 19, in subsection (1) (b) (i), the words “(and no conviction for any drug trafficking offence is substituted) and in subsection (2), in paragraph (a), the words “and that, but for that default, the proceedings would not have been instituted or continued, and in paragraph (b), the word “substantial. | ||
In section 25(3), the words “varying or revoking a previous Order in Council. | ||
In section 38(11), the words “in England and Wales. | ||
1986 c. 45. | Insolvency Act 1986. | Section 264(1)(d) and the word “or immediately preceding it. |
Section 266(4). | ||
Section 267(3). | ||
Section 277. | ||
Section 282(2). | ||
In section 293(1), the words “does not apply where the bankruptcy order was made on a petition under section 264(1)(d) (criminal bankruptcy); and it. | ||
Section 297(1). | ||
Section 327. | ||
Section 341(4) and (5). | ||
Section 382(1)(c). | ||
In section 383(1)(a), the words from “(being, to “question). | ||
In section 385(1), the definition of “criminal bankruptcy order. | ||
Section 402. | ||
1987 c. 38. | Criminal Justice Act 1987. | Section 9(3)(a). |
In section 11, in subsection (8)(e), the word “engaged, and subsection (11). | ||
In Schedule 2, paragraph 1(2). | ||
1987 c. 41. | Criminal Justice (Scotland) Act 1987. | Section 45(7)(c)(ii) and the word “and immediately preceding it. |
1988 c. 13. | Coroners Act 1988. | In Schedule 3, paragraph 14. |
Notes
1
The repeals in the Offences against the Person Act 1861 and the Prevention of Corruption Act 1916 do not extend to Northern Ireland.
2
The repeal in the Road Traffic Act 1972 does not extend to Scotland.
3
The repeal of sections 74 and 75 of the Criminal Justice Act 1982 and the repeals in sections 80 and 81 of that Act do not affect those sections as they apply—
a
in any of the Channel Islands; or
b
in the Isle of Man,
and any Order in Council applying section 74(1) or 75 to any of those Islands shall continue to have effect as if this Act had not been passed.
By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.