Miscellaneous provisions relating to procedure, appeals, evidence, etc.E+W
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W
Textual Amendments
F1S. 30 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV
31 Jurisdiction and procedure in respect of certain indictable offences committed in foreign countries.E+W
(1)Any British subject employed under His Majesty’s Government in the United Kingdom in the service of the Crown who commits, in a foreign country, when acting or purporting to act in the course of his employment, any offence which, if committed in England, would be punishable on indictment, shall be guilty of an offence . . . F2, and subject to the same punishment, as if the offence had been committed in England.
(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F2Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
F3S. 31(2)(3) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III
32, 33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W
Textual Amendments
F4Ss. 32, 33 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W
Textual Amendments
F5S. 34 repealed by Criminal Justice Administration Act 1962 (c. 15), Sch. 5 Pt. II
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W
Textual Amendments
F6S. 35 repealed by Juries Act 1974 (c. 23), Sch. 3
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W
Textual Amendments
F7S. 36 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
37 Bail on appeal, case stated or application for certiorari. E+W
(1)Without prejudice to the powers vested before the commencement of this Act in any court to admit or direct the admission of a person to bail—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
[F9(b)the High Court may [F10, subject to section 25 of the Criminal Justice and Public Order Act 1994,][F11grant bail to] a person—
(i)who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or
(ii)who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application.]
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
[F13(d)the High Court may [F10,subject to section 25 of the Criminal Justice and Public Order Act 1994,]grant bail to a person who has been convicted or sentenced by a magistrates’ court and has applied to the High Court for an order of certiorari to remove the proceedings into the High Court or has applied to the High Court for leave to make such an application.]
[F14(1A) Where the court grants bail to a person under paragraph ( d ) of subsection (1) above—
(a)the time at which he is to appear in the event of the conviction or sentence not being quashed by the High Court shall be such time within ten days after the judgment of the High Court has been given as may be specified by the High Court; and
(b)the place at which he is to appear in that event shall be a magistrates’ court acting for the same petty sessions area as the court which convicted or sentenced him.]
(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
[F16(4)Criminal Procedure Rules may be made for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section.]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
(6)The time during which a person is [F18released on] bail under paragraph (b), . . . F19 or (d) of subsection (1) of this section shall not count as part of any term of imprisonment under his sentence; and any sentence of imprisonment imposed by a court of summary jurisdiction, or, on appeal, by [F20the Crown Court], after the imposition of which a person is so [F18released on] bail, shall be deemed to begin to run or to be resumed as from the dayon which he is received in prison under the sentence; and for thepurposes of this subsection the expression “prison” shall be deemed to include a detention centre and remand home and the expression “imprisonment” shall be construed accordingly.
Textual Amendments
F8S. 37(1)(a) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F9S. 37(1)(b) substituted by Courts Act 1971 (c. 23), Sch. 8, para. 28(1)
F10Words in s. 37(1)(b)(d) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 6; S.I. 1995/721, art. 2, Sch. Appendix A
F11Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(2)
F12S. 37(1)(c) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F13S. 37(1)(d) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(3)
F14S. 37(1A) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(4)
F15S. 37(2)(3) repealed by Bail Act 1976 (c. 63), Sch. 3
F16S. 37(4) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 83; S.I. 2004/2066, art. 2(c)(iii) (with art. 3)
F17S. 37(5) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F18Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(5)
F19Word repealed by Criminal Justice Act 1967 (c. 80), s. 22(5), Sch. 7 Pt. I
F20Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 24(b)
Modifications etc. (not altering text)
C1S. 37 applied by Administration of Justice Act 1960 (c. 65) s. 4(2)
C2S. 37(6) extended by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 113(4)
C3S. 37(6) applied by Magistrates' Courts Act 1952 (c. 55), s. 89(3)
38
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
Textual Amendments
F21S. 38(1) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7
F22S. 38(2) repealed by Criminal Appeal Act 1966 (c. 31), Sch. 3
F23S. 38(3)(4) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F24S. 38(5) repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.
F25S. 38(6) repealed by Administration of Justice Act 1960 (c. 65), Sch. 4
F2639 Proof of previous convictions by finger–prints.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F26S. 39 repealed (1.1.2003) by 2001 c. 16, ss. 78(9), 137, Sch. 7 Pt. II(1); S.I. 2002/3032, art. 2(a)
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W
Textual Amendments
F27S. 40 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
41 Evidence by certificate.E+W
(1)In any criminal proceedings, a certificate purporting to be signed by a constable, or by a person having the prescribed qualifications, and certifying that a plan or drawing exhibited thereto is a plan or drawing made by him of the place or object specified in the certificate, and that the plan or drawing is correctly drawn to a scale so specified, shall be evidence of the relative position of the things shown on the plan or drawing.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
(4)Nothing in this section shall be deemed to make a certificate . . . F30 admissible as evidence in proceedings for an offence except in a case where and to the extent to which oral evidence to the like effect would have been admissible in those proceedings.
(5)Nothing in this section shall be deemed to make a certificate . . . F30 admissible as evidence in proceedings for any offence—
(a)unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or
(b)if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves notice in the prescribed form and manner on the prosecutor requiring the attendance at the trial of the person who signed the certificate . . . F30
[F31( 5A )[F32Where 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)subsection (4), and
(b)in subsection (5), paragraph (b) and the word “or” immediately preceding it.]]
(6)In this section the expression “prescribed” means prescribed by rules made by the Secretary of State.
Textual Amendments
F28S. 41(2) repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I
F29S. 41(3) repealed by Theft Act 1968 (c. 60, s. 33(3), Sch. 3 Pt. III
F30Words repealed by Theft Act 1968 (c. 60), s. 33(3), Sch. 3 Pt. III
F31S. 41(5A) inserted (4.7.1996 but with effect as mentioned in Sch. 1 Pt. III para. 39) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 18 (with s. 78(1)); S.I. 1997/683, art. 1(2)
F32S. 41(5A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 35(3)Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)
42 Order of speeches.E+W
(1)Notwithstanding anything in section two of the M1Criminal Procedure Act 1865, as amended by section three of the M2Criminal Evidence Act 1898, the prosecution shall not be entitled to the right of reply upon the trial of any person on indictment on the ground only that documents have been put in evidence for the defence.
(2),(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
Textual Amendments
F33S. 42(2)(3) repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
Marginal Citations
43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W
Textual Amendments
F34S. 43 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W
Textual Amendments
F35S. 44 repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.