SCHEDULES

SCHEDULE 1E+W . . . F1

F2F2SCHEDULE 2E+W

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Section 36.

SCHEDULE 3E+W+N.I. Reviews of Sentencing—Supplementary

1E+W+N.I.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.

2E+W+N.I.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.

3E+W+N.I.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.

4An 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.

5The 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.

6E+W+N.I.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.

7E+W+N.I.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.

8E+W+N.I.The power of the Court of Appeal to pass sentence on a person may be exercised although he is not present.

9A 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.

10The 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.

11Where 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.

12E+W+N.I.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).

Section 71.

[F5SCHEDULE 4E+W Confiscation Orders

F6F6Part IE+W Offences in Respect of which Magistrates’ Courts may make Confiscation Orders

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7F7Part IIE+W Orders Varying List of Offences]

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Section 103.

SCHEDULE 5S Drug Trafficking Amendments

[F8Part I]S

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Part IIS Amendments of Criminal Justice (Scotland) Act 1987

18The M4Criminal Justice (Scotland) Act 1987 shall be amended as follows.

19In section 1 (confiscation orders) in paragraph (b) of subsection (2) after the words “restriction on importation" there shall be inserted the words “and exportation".

20In subsection (6)(a) of section 11 (which applies the provisions of that section to restraint orders under the M5Drug Trafficking Offences Act 1986 registered in Scotland) after the word “information" there shall be inserted the words “in respect of the charge".

21In 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,”.

22In 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".

23In 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".

[F10SCHEDULE 6]E+W+S

[F11SCHEDULE 7]E+W+S

Section 123.

SCHEDULE 8U.K. Custodial Sentences for Young Offenders

Part IU.K. Amendments

GeneralE+W

1E+WIn 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.

2E+WIn any enactment except—

(a)section 21 of the M6Firearms Act 1968;

(b)Schedule 1 to the M7Juries Act 1974;

(c)section 5 of the M8Rehabilitation of Offenders Act 1974; and

(d)section 17(3) of the M9Criminal 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—E+W

(a)Part II of Schedule 1 to the M10Juries Act 1974;

(b)section 5 of the M11Rehabilitation of Offenders Act 1974; and

(c)sections F12. . . 17(3) of the M12Criminal Justice Act 1982,

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)U.K.

Air Force Act 1955 (c. 19)U.K.

Naval Discipline Act 1957 (c. 53)U.K.

4U.K.In subsection (6) –

(a)of section 71AA of the Army Act 1955 and the Air Force Act 1955; and

(b)of section 43AA of the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (a)—

“(a)where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;”

5U.K.In sub-paragraph (6) of paragraph 10—

(a)of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and

(b)of Schedule 4A to the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (a)—

“(a)where the offender is removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;”

Firearms Act 1968 (c. 27)E+W

6E+WIn 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)E+W

7E+WIn section 13(7)(a)(ii) of the M13 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)E+W

8E+WF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders Act 1974 (c. 53)E+W

9E+WIn section 5 of the M14 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)E+W

10E+WThe 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 IIE+W Transitional Provisions

11(1)Where—

(a)before the date on which section 1A of the M15 Criminal Justice Act 1982 comes into force an offender has been committed for sentence to the Crown Court under section 37 of the M16 Magistrates’Courts Act 1980; but

(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.

F14(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12An 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.

13A 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)under section 71AA of the M17 Army Act 1955, section 71AA of the M18 Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or

(b)under paragraph 10 of Schedule 5A to the M19 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.

14Rules under section 47 of the M20 Prison Act 1952 may provide that any awards for an offence against discipline made before the commencement of section 1A of the M21 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.

15Where 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 M22 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.

16Nothing in this Act affects any right of appeal against a sentence of youth custody.

Section 124.

SCHEDULE 9U.K. Detention of Young Offenders in Scotland

Part IU.K. AMENDMENTS

S

1S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Army Act 1955 (c. 18)U.K.

Air Force Act 1955 (c. 19)U.K.

Naval Discipline Act 1957 (c. 53)U.K.

2U.K.In subsection (6)—

(a)of section 71AA of the Army Act 1955 and the Air Force Act 1955; and

(b)of section 43AA of the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (b)—

“(b)where the offender is in or removed to Scotland, a young offenders institution;”.

3U.K.In sub-paragraph (6) of paragraph 10—

(a)of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and

(b)of Schedule 4A to the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (b)—

“(b)where the offender is removed to Scotland, a young offenders institution;”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)S

4SIn 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)S

5SIn 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 IIS Transitional Provisions

6SAn 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.

7SA person who at the commencement of section 124 of this Act is detained in a detention centre by virtue of a custodial order—

(a)under section 71 AA of the M23 Army Act 1955, section 71AA of the M24 Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or

(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 M25 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.

8SSection 5 of the M26 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.

F16SCHEDULE 10E+W

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F22SCHEDULE 11E+W

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Section 133.

SCHEDULE 12U.K. Assessors of Compensation for Miscarriages of Justice

1A person may only be appointed to be an assessor for the purposes of section 133 above if he is—

[F23(a)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.

2U.K.A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

3U.K.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.

4U.K.A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.

5U.K.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.

[F246(1)The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.U.K.

(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.]

7U.K.An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.

Section 146.

SCHEDULE 13U.K. Evidence Before Courts-Martial Etc.

InterpretationU.K.

1In this Schedule—

• “procedural instruments” means—

(a)[F25Rules] under section 103 of the M33Army Act 1955 or section 103 of the M34Air Force Act 1955;

(b)[F25Rules] under section 58 of the M35Naval Discipline Act 1957;

(c)rules under section 49 of the M36Courts-Martial (Appeals) Act 1968; and

(d)orders under paragraph 12 of Schedule 3 to the M37Armed 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 F26. . .;

(c)the Courts-Martial Appeal Court; and

(d)Standing Civilian Courts.

First-hand hearsayE+W

2E+WF27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Documentary evidenceU.K.

3E+WF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4U.K.F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5E+WF30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Letters of request etc.E+W

6(1)[F31No application shall be made under [F32section 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 [F33requests for assistance in obtaining outside the United Kingdom evidence] for such proceedings.E+W

(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 [F34requests for assistance in obtaining evidence] for proceedings before a Service court.

Form of evidence and glossariesU.K.

7For the purpose of helping members—

(a)of courts-martial constituted under the M38Army Act 1955 or the M39Air Force Act 1955; or

(b)of courts-martial constituted under the M40Naval Discipline Act 1957 F35. . .,

to understand complicated issues of fact or technical terms [F36rules] under section 103 of either of the first two of those Acts and [F36rules] 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 linksU.K.

8(1)The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—E+W

(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”

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An order under this paragraph may provide that section 32(1), F38. . . 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.

[F39 Video recordings of evidence]E+W

F409(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.

F41Cross -examination of childrenE+W

F4210(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.

F43SCHEDULE 14N.I.

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Section 170.

SCHEDULE 15U.K. Minor and Consequential Amendments

Criminal Law Act 1826 (c. 64)U.K.

1U.K.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)E+W

2E+WThe Offences against the Person Act 1861 shall be amended as follows.

3E+WThere 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,".

4E+WIn 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)U.K.

5U.K.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)U.K.

6U.K.F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7U.K.F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1933 (c. 12)U.K.

8U.K.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.”.

9U.K.References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the M41Child Abduction Act 1984.

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)U.K.

10U.K.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)U.K.

11U.K. 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;”.

12U.K.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)U.K.

13U.K.In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—

(a) for each of the references in subsections (2) and (4) to section 43 of the Magistrates’ M42Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal M43Evidence Act l984; and

(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,".U.K.

(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.”.

15U.K.—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)U.K.

16U.K.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 M44Prosecution of Offences Act 1985".

Criminal Justice Act 1967 (c. 80)U.K.

17U.K.The Criminal Justice Act 1967 shall be amended as follows.

[F4618U.K.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.”.]

19U.K.In subsection (6) of section 67 (computation of sentences) for “(1)" there shall be substituted “(1A)".

Criminal Appeal Act 1968 (c. 19)U.K.

20U.K.The Criminal Appeal Act 1968 shall be amended as follows.

21U.K.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.”

22F47(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(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)".U.K.

(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.”

24U.K.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.”.

25U.K.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.”.

26U.K.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".

27U.K.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”.

28U.K.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.”

29U.K.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”.

30U.K.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”.

31U.K.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.”.

32U.K.F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Theft Act 1968 (c. 60)U.K.

F4933E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

U.K.

34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Children and Young Persons Act 1969 (c. 54)U.K.

35U.K.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,”.

36U.K.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)U.K.

F5137U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Criminal Courts Act 1973 (c. 62)U.K.

F5238E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5339E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5440E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5541E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5642E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal Aid Act 1974 (c. 4)U.K.

43U.K.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)U.K.

44U.K.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".

45U.K.In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word “refusals" there shall be substituted the word “excusals".

46U.K.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)U.K.

47U.K.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)U.K.

48U.K.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)".

49U.K.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 M45Criminal 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. ”.

50U.K.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).”

51U.K.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)U.K.

F5752E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences (Amendment) Act 1976 (c. 82)U.K.

53(1)The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland).U.K.

(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)".

U.K.

54, 55.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

Judicature (Northern Ireland) Act 1978 (c. 23)U.K.

56U.K.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.)".

U.K.

57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

Interpretation Act 1978 (c. 30)U.K.

58U.K.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.”.

59U.K.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)U.K.

60U.K.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".U.K.

(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)U.K.

F6063E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child Care Act 1980 (c. 5)U.K.

64U.K.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)U.K.

65U.K.The Magistrates’ Courts Act 1980 shall be amended as follows.

66U.K.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 M46Sexual Offences (Amendment) Act 1976 (anonymity of complainant in rape etc. cases)".

67U.K.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".

[F6168E+WAt 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)—U.K.

(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".

70U.K.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)U.K.

71U.K.The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.

72U.K.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.”.

73U.K.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.”.

74U.K.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.”.

75U.K.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".U.K.

(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.".

77U.K.The following paragraph shall be substituted for section 45(2)(d)—

“(d)to exercise the powers conferred by section 17 of this Act;”.

78U.K.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)U.K.

F6279E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80E+WThe following paragraph shall be inserted after subsection (4)(a) of section 55 of [F63the Supreme Court Act 1981] (constitution of criminal division of Court of Appeal)—

“(aa)reviewing sentencing under Part IV of the Criminal Justice Act 1988;”.

U.K.

81U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Civil Jurisdiction and Judgments Act 1982 (c. 27)U.K.

82U.K.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 M47Drug 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)".

U.K.

83, 84.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

U.K.

85—88.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

Civic Government (Scotland) Act 1982 (c. 45)U.K.

89U.K.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)U.K.

90U.K.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".

91U.K.At the end of part II of Schedule 1 to that Act there shall be added—

“CRIMINAL JUSTICE ACT 1988 (c. 33)

30Section 134 (torture).”

U.K.

92—94.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

U.K.

95, 96.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

Police and Criminal Evidence Act 1984 (c. 60)U.K.

97U.K.The Police and Criminal Evidence Act 1984 shall be amended as follows.

98U.K.F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99U.K.In section 55(1) (intimate searches) for the words “such a search" there shall be substituted the words “an intimate search".

100U.K.In section 65, in the definition of “intimate samples", for the word “orifice" there shall be substituted the word “orifices".

101U.K.In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).

102U.K.F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of Offences Act 1985 (c. 23)U.K.

103U.K.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;”.

104U.K.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)U.K.

F71105E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bankruptcy (Scotland) Act 1985 (c. 66)U.K.

106U.K.The Bankruptcy (Scotland) Act 1985 shall be amended as follows.

107U.K.In section 5(4) (interpretation) after “1987" there shall be added the words “, by section 71(9)(a) of the Criminal Justice Act 1988".

108U.K.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".

109U.K.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)U.K.

110U.K.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)U.K.

Criminal Justice (Scotland) Act 1987 (c. 41)U.K.

111U.K.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)U.K.

112U.K.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".U.K.

(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".

[F72114(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".S

(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.”.]

115U.K.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".

116U.K.In paragraph 6(1) of Schedule 1, for “(4)" there shall be substituted “(5)".

Criminal Justice (Scotland) Act 1987 (c. 41)U.K.

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.U.K.

(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)U.K.

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".U.K.

(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,".

Section 170.

SCHEDULE 16U.K. Repeals

Notes

1U.K.The repeals in the Offences against the Person Act 1861 and the Prevention of Corruption Act 1916 do not extend to Northern Ireland.

2U.K.The repeal in the Road Traffic Act 1972 does not extend to Scotland.

3U.K.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.