Criminal Justice Act 1961

39Interpretation

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:—

• " appropriate institution " means—

  (a)

  in relation to a person sentenced to borstal training who is removed under Part III of this Act to any part of the United Kingdom, a borstal institution ;

  (b)

  in relation to a person sentenced to detention in a detention centre who is so removed to England and Wales or Scotland, a detention centre ;

  (c)

  in relation to any other person who is removed under the said Part III, a prison ;

• " court " includes an appeal committee of quarter sessions;

• " court-martial " includes the Courts-Martial Appeal Court and any officer exercising jurisdiction under section forty-nine of the Naval Discipline Act, 1957 ;

• " default " means failure to pay, or want of sufficient distress to satisfy, any fine or other sum of money, or failure to do or abstain from doing any thing required to be done or left undone ;

• " enactment " includes an enactment of the Parliament of Northern Ireland;

• " prison " does not include a naval, military or air force prison;

• " responsible Minister " means—

  (a)

  in relation to persons detained in England and Wales or in Scotland, a Secretary of State ;

  (b)

  in relation to persons detained in Northern Ireland, the Minister of Home Affairs for Northern Ireland;

• " the statutory restrictions upon the imprisonment of young offenders " means subsection (1) of section seventeen of the Criminal Justice Act, 1948, subsection (2) of section one hundred and seven of the Magistrates' Courts Act, 1952, and section three of this Act.

(2)Except as otherwise expressly provided, references in this Act to a court do not include references to a court-martial; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a court-martial under the Naval Discipline Act, 1957, the Army Act, 1955, or the Air Force Act, 1955, for a civil offence within the meaning of those Acts.

(3)Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court or justice of the peace, his age at the material time shall be deemed to be or to have been that which appears to the court or justice, after considering any available evidence, to be or to have been his age at that time.

(4)Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.