Criminal Justice Act 1988

JurisdictionE+W

37 Certain either way offences relating to motor vehicles to be summary offences.E+W

(1)In section 12 of the M1Theft 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.".

(2)F1

38 Criminal damage etc. as summary offences.E+W

(1)In subsection (1) of section 22 of the M2Magistrates’ 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.E+W

[F2(1)]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.

[F3(2)Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).]

[F439ATime limit for prosecution of common assault or battery in domestic abuse casesE+W

(1)This section applies to proceedings for an offence of common assault or battery where—

(a)the alleged behaviour of the accused amounts to domestic abuse, and

(b)the condition in subsection (2) or (3) is met.

(2)The condition in this subsection is that—

(a)the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and

(b)the complainant has provided the statement to—

(i)a constable of a police force, or

(ii)a person authorised by a constable of a police force to receive the statement.

(3)The condition in this subsection is that—

(a)the complainant has been interviewed by—

(i)a constable of a police force, or

(ii)a person authorised by a constable of a police force to interview the complainant, and

(b)a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings.

(4)Proceedings to which this section applies may be commenced at any time which is both—

(a)within two years from the date of the offence to which the proceedings relate, and

(b)within six months from the first date on which either of the conditions in subsection (2) or (3) was met.

(5)This section has effect despite section 127(1) of the Magistrates’ Court Act 1980 (limitation of time).

(6)In this section—

• “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

• “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985;

• “video recording” has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999;

• “witness statement” means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967.

(7)This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.]

40 Power to join in indictment count for common assault etc.E+W

(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 F5...[F6 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 [F7or 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;

F8 [( aa )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)]

[F9(ac)an offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer);]

(b)an offence under section 12(1) of the M3Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);

(c)an offence under [F10section 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 M4Magistrates’ 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.

F1141 Power of Crown Court to deal with summary offence where person committed for either way offence.E+W

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