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Criminal Justice Act 1948

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Powers and Proceedings of Courts.

    1. Abolition of penal servitude, hard labour, prison divisions and sentence of whipping.

      1. 1.Abolition of penal servitude, hard labour and prison divisions.

      2. 2.Abolition of sentence of whipping.

    2. Probation and discharge.

      1. 3.Probation.

      2. 4.Probation orders requiring treatment for mental condition.

      3. 5.Discharge, amendment and review of probation orders.

      4. 6.Breach of requirement of probation order.

      5. 7.Absolute and conditional discharge.

      6. 8.Commission of further offence.

      7. 9.Probation orders relating to persons residing in Scotland.

      8. 10.Scottish probation orders relating to persons residing in England.

      9. 11.Supplementary provisions as to probation and discharge.

      10. 12.Effects of probation and discharge.

    3. Fines and recognizances.

      1. 13.Power to fine on conviction of felony on indictment.

      2. 14.Powers of courts of assize and quarter sessions in relation to fines and forfeited recognizances.

      3. 15.Incidental provisions as to fines and forfeited recognizances.

    4. Powers relating to young offenders.

      1. 16.Restriction on sentence of death.

      2. 17.Restriction on imprisonment.

      3. 18.Detention in a detention centre.

      4. 19.Attendance at an attendance centre.

      5. 20.Borstal training.

    5. Powers relating to persistent offenders.

      1. 21.Corrective training and preventive detention.

      2. 22.Power to order certain discharged prisoners to notify address.

      3. 23.Proof of previous convictions etc. for purposes of ss. 21 and 22.

    6. Reception orders.

      1. 24.Power to make reception order.

    7. Adjournment, remand etc.

      1. 25.Power of courts of summary jurisdiction to adjourn a case after conviction and before sentence.

      2. 26.Remand for inquiry into physical or mental condition.

      3. 27.Remand and committal of persons under 21.

    8. Offences punishable on summary conviction or on indictment.

      1. 28.Procedure in respect of offences punishable on summary conviction or on indictment.

      2. 29.Committal for sentence in respect of indictable offences tried summarily.

    9. Miscellaneous provisions relating to procedure, appeals, evidence, etc.

      1. 30.Abolition of privilege of peerage in criminal proceedings.

      2. 31.Jurisdiction and procedure in respect of certain indictable offences committed in foreign countries.

      3. 32.Issue of single summons on more than one information.

      4. 33.Supply of copies of informations to persons committed for trial.

      5. 34.Amendment of Summary Jurisdiction (Appeals) Act, 1933.

      6. 35.Challenge of jurors and separation of juries.

      7. 36.Appeals from courts of summary jurisdiction to quarter sessions.

      8. 37.Bail on appeal, case stated or application for certiorari.

      9. 38.Amendment of Criminal Appeal Act, 1907.

      10. 39.Proof of previous convictions by finger-prints.

      11. 40.Taking of finger-prints by order of justices.

      12. 41.Evidence by certificate.

      13. 42.Order of speeches.

      14. 43.Reports of probation officers.

      15. 44.Payment of costs of defence on acquittal, etc.

  3. PART II Administrative Provisions and Provisions as to Treatment of Prisoners, etc.

    1. Arrangements for probation.

      1. 45.Probation areas, probation committees and case committees, and probation officers.

      2. 46.Approved probation hostels and homes.

      3. 47.Inspection of institutions for residence of probationers.

    2. Institutions for offenders.

      1. 48.Remand centres, detention centres and Borstal institutions.

      2. 49.Remand homes.

      3. 50.Acquisition of land for prisons and other institutions.

      4. 51.Abolition of office of directors of convict prisons and application of Prison Acts to convict prisons.

    3. Rules for Management of Prisons, Etc.

      1. 52.Rules for the management of prisons, remand centres, detention centres, attendance centres and Borstal institutions.

      2. 53.Constitution and functions of visiting committees and boards of visitors.

      3. 54.Corporal punishment in prisons.

      4. 55.Amendment of Prison Act, 1865, as to introduction of prohibited articles.

    4. Remission for good conduct and release on licence.

      1. 56.Remission for good conduct and release on licence of young prisoners.

      2. 57.Release on licence of persons serving imprisonment for life.

    5. Removal and transfer to and from prisons and other institutions.

      1. 58.Temporary detention of persons liable for detention in a Borstal institution.

      2. 59.Transfers from prison to Borstal institution and vice versa.

      3. 60.Removal of prisoners etc. for judicial and other purposes.

      4. 61.Removal of prisoners, etc., to and from Scotland and from the Isle of Man or Channel Islands.

    6. Treatment of persons of unsound mind and mental defectives.

      1. 62.Discontinuance of terms " criminal lunatic " and " criminal lunatic asylum ".

      2. 63.Removal of Broadmoor patients, etc.

      3. 64.Treatment of persons transferred from prisons, etc. to institutions for mental defectives.

    7. Miscellaneous.

      1. 65.Persons unlawfully at large.

      2. 66.Legal custody.

      3. 67.Arrest on failure to surrender to bail before courts of summary jurisdiction.

      4. 68.Restriction of power to arrest without warrant under 5 Geo. 4. c. 83.

      5. 69.Commutation of death sentence to sentence of imprisonment.

      6. 70.Amendments of Forfeiture Act, 1870.

      7. 71.Amendment of s. 71 of the Children and Young Persons Act, 1933.

      8. 72.Powers of court in relation to absconders from approved schools, etc.

  4. PART III Supplemental.

    1. 73.Application of ss. 1 and 2 to courts-martial.

    2. 74.Application to supervision orders of certain, provisions relating to probation.

    3. 75.Power to order detention in a remand centre under s. 67 of the Children and Young Persons Act, 1933.

    4. 76.Rules and orders.

    5. 77.Expenses and grants payable out of moneys provided by Parliament.

    6. 78.Transitory provisions.

    7. 79.Consequential and minor amendments.

    8. 80.Interpretation.

    9. 81.Application to Scotland.

    10. 82.Application to Northern Ireland.

    11. 83.Short title, commencement and repeals.

  5. SCHEDULES.

    1. FIRST SCHEDULE

      Discharge and Amendment of Probation Orders.

      1. Discharge.

        1. 1.The court by which a probation order was made may,...

      2. Amendment.

        1. 2.(1) If the supervising court is satisfied that a probationer...

        2. 3.Without prejudice to the provisions of the last foregoing paragraph,...

        3. 4.Where the medical practitioner by whom or under whose direction...

      3. General.

        1. 5.Where the supervising court proposes to amend a probation order...

        2. 6.On the making of an order discharging or amending a...

        3. 7.Subsection (7) of section three of this Act shall apply...

    2. SECOND SCHEDULE

      Borstal Training.

      1. 1.A person sentenced to Borstal training shall be detained in...

      2. 2.A person shall, after his release from a Borstal institution...

      3. 3.If before the expiration of four years from the date...

      4. 4.If any person while under supervision, or after his recall...

      5. 5.The Prison Commissioners in exercising their functions under this Schedule...

    3. THIRD SCHEDULE

      Release on Licence of Persons Sentenced to Corrective Training or Preventive Detention.

      1. 1.The Prison Commissioners may release on licence a person sentenced...

      2. 2.A person shall, after his release on licence under paragraph...

      3. 3.If before the expiration of his sentence the Prison Commissioners...

      4. 4.The Prison Commissioners may release on licence a person detained...

      5. 5.If any person while released on licence, or after he...

      6. 6.The Prison Commissioners in exercising their functions under this Schedule...

    4. FOURTH SCHEDULE

      Registration of Address and Reporting at Police Stations by Discharged Prisoners.

      1. 1.(1) Any person to whom this Schedule applies shall—

      2. 2.(1) If any person fails without reasonable excuse to comply...

      3. 3.(1) Any appointment, direction or permission purporting to be signed...

      4. 4.(1) For the purposes of this Schedule, a person shall...

      5. 5.It shall be the duty of a chief officer of...

    5. FIFTH SCHEDULE

      Administrative Provisions as to Probation.

      1. Probation Areas.

        1. 1.(1) If the Secretary of State is of opinion, either...

      2. Probation Committees, Case Committees and Probation Officers.

        1. 2.(1) For every probation area there shall be a probation...

        2. 3.(1) It shall be the duty of every probation committee—...

      3. Selection of Probation Officers.

        1. 4.(1) The probation officer who is to be responsible for...

      4. Expenses.

        1. 5.(1) The sums required to meet any expenses incurred by...

      5. General.

        1. 6.The Secretary of State may make rules—

        2. 7.(1) The foregoing provisions of this Schedule shall in their...

    6. SIXTH SCHEDULE

      Release of Young Offenders from Prison on Licence.

      1. 1.A person released on licence under section fifty-six of this...

      2. 2.If before the expiration of his sentence the Prison Commissioners...

      3. 3.The Prison Commissioners may release on licence a person detained...

      4. 4.The Prison Commissioners in exercising their functions under section fifty-six...

      5. 5.Where the unexpired part of the sentence of a person...

    7. SEVENTH SCHEDULE

      1. PART I Provisions relating to Persons in England after Discharge from Prisons, etc., in Scotland.

        1. 1.In relation to any person who, whether before or after...

        2. 2.In relation to any person who, whether before or after...

        3. 3.In relation to any person who, whether before or after...

        4. 4.In relation to any person who is subject to the...

        5. 5.In relation to any such person as is mentioned in...

      2. PART II Provisions Relating to Persons in Scotland after Discharge from Prisons, etc., in England.

        1. 6.Where any person serving a term of imprisonment for life...

        2. 7.Where any person sentenced to Borstal training under this Act,...

        3. 8.Where any person sentenced under this Act to corrective training...

        4. 9.Where any person serving a sentence of imprisonment is released...

        5. 10.Where, under section twenty-two of this Act, any person convicted...

    8. EIGHTH SCHEDULE

      Transitory Provisions.

      1. 1.(1) Any person who immediately before the commencement of this...

      2. 2.Any person who has been sentenced to imprisonment with hard...

      3. 3.(1) Any person who is at the commencement of this...

      4. 4.(1) Where a person has been sentenced, otherwise than by...

      5. 5.(1) Where at the commencement of this Act a person...

      6. 6.The Probation of Offenders Act, 1907, shall continue in force...

      7. 7.For the purposes of this Act— (a) prison rules made...

      8. 8.Sections six to thirty of the Forfeiture Act, 1870, so...

      9. 9.In relation to any person who— (a) having been sentenced...

    9. NINTH SCHEDULE

      Consequential and Minor Amendments.

    10. TENTH SCHEDULE

      Enactments Repealed.

      1. PART I Repeals Extending to England only.

      2. PART II Repeals Extending to Scotland.

      3. PART III Repeals Extending to Scotland and Northern Ireland.

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