Criminal Justice Act 1948

80 Interpretation. E+W

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• [F2 “ Approved school ” means a school approved under section seventy–nine of the M1 Children and Young Persons Act 1933; ]

• [F3 “ Court ” does not include a court–martial; ]

• [F4 “ Court of summary jurisdiction ” includes examining justices within the meaning of the M2 Criminal Justice Act 1925; ]

• “Detention centre” has the meaning assigned to it by section forty–eight of this Act;

• “Enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

• “England” includes Wales;

• “Impose imprisonment” means pass a sentence of imprisonment or commit to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone;

• “Local authority” means, in relation to any probation area, any authority out of whose funds the salary of the clerk to the justices for a [F5 petty sessions area] or place contained in the probation area is paid;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

• “Remand centre” has the meaning assigned to it by section forty–eight of this Act

• [F7 “ Remand home ” means premises established or used by the council of a county or county borough under the provisions of section seventy–seven of the Children and Young Persons Act 1933; ]

• “Sentence” includes an order for detention in a detention centre, . . . F8 , but does not include a committal in default of payment of any sum of money or failing to do or abstain from doing anything required to be done or left undone;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(2) Any reference in this Act to a previous sentence of imprisonment shall be construed as including a reference to a previous sentence of penal servitude; any such reference to a previous sentence of Borstal training shall be construed as including a reference to a previous sentence of detention in a Borstal institution; and any such reference to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.

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

(4) References in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under [F10 any enactment], upon the imprisonment of offenders of his age, but shall not be construed as including an offence for which the court is required to impose a sentence of imprisonment for life.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(6) Where any provision of this Act empowers a court on conviction of an offender to pass a sentence or make an order in lieu of dealing with him in any other manner, the said provision shall not be construed as taking away any power of the court to order the offender to pay costs, . . . F12 or compensation.

(7) References in this Act to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended by any subsequent enactment including this Act.

Textual Amendments

F1 Definition repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F2 Definition repealed (prosp.) by Children and Young Person Act 1969 (c. 54), ss. 72(4), 73(2), Sch. 6

F3 Words in s. 80(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 Words in s. 80 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 35(4)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); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4)

F5 S. 80(1): words in definition of “local authority” substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 para. 17 (with Sch. 14 para. 7(2))

F6 Definitions repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I, Administration of Justice Act 1964 (c. 42), Sch. 5 and Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F7 Definition of “Remand Home” repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), Sch. 6

F8 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F9 Definitions repealed by Criminal Courts Act 1973 (c. 62), Sch. 6 and Children and Young Persons Act 1969 (c. 54), Sch. 6

F10 Words substituted by Criminal Justice Act 1961 (c. 39), Sch. 4

F11 S. 80(5) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F12 Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Marginal Citations

M1 1933 c. 12.

M2 1925 c. 86.