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Criminal Justice Act 1967

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Criminal Justice Act 1967

1967 CHAPTER 80

An Act to amend the law relating to the proceedings of criminal courts, including the law relating to evidence, and to the qualification of jurors, in such proceedings and to appeals in criminal cases; to reform existing methods and provide new methods of dealing with offenders; to make further provision for the treatment of offenders, the management of prisons and other institutions and the arrest of offenders unlawfully at large; to make further provision with respect to legal aid and advice in criminal proceedings; to amend the law relating to firearms and ammunition; to alter the penalties which may be imposed for certain offences; and for connected purposes.

[27th July 1967]

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Extent Information

E1For the extent of this Act see s. 106

Modifications etc. (not altering text)

C1Act amended (E.W.) (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, 5, Sch.1

C2By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Part IE+W+S+N.I. Criminal Procedure, etc.

Committal proceedingsE+W

1—6. Committal for trial without consideration of the evidence.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

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Amendments (Textual)

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F2S. 7 repealed (4.7.1996 with effect as mentioned in Sch. 2 para. 7 of the amending Act) by 1996 c. 25, ss. 68, 80, Sch. 2 paras. 6(2), 7, Sch. 5 para. 11 (with s. 78(1)); S.I. 1997/683, art. 1(2)

Miscellaneous provisions as to evidence, procedure and trialE+W+S+N.I.

8 Proof of criminal intent.E+W

A court or jury, in determining whether a person has committed an offence,—

(a)shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but

(b)shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.

9 Proof by written statement. E+W+N.I.

(1)In any criminal proceedings, other than committal proceedings under sections 4 to 6 of the Magistrates’ Courts Act 1980, a written statement by any person shall, if such of the conditions mentioned in the next following subsection as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2)The said conditions are—

(a)the statement purports to be signed by the person who made it;

(b)the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;

(c)before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and

(d)none of the other parties or their solicitors, within seven days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:

Provided that the conditions mentioned in paragraphs (c) and (d) of this subsection shall not apply if the parties agree before or during the hearing that the statement shall be so tendered.

(3)The following provisions shall also have effect in relation to any written statement tendered in evidence under this section, that is to say—

(a)if the statement is made by a person under the age of [F3eighteen], it shall give his age;

(b)if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and

(c)if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under paragraph (c) of the last foregoing subsection shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.

(4)Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section—

(a)the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and

(b)the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

(5)An application under paragraph (b) of the last foregoing subsection to a court other than a magistrates’ court may be made before the hearing and on any such application the powers of the court shall be exercisable [F4by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone.]

(6)So much of any statement as is admitted in evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

(7)Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

(8)A document required by this section to be served on any person may be served—

(a)by delivering it to him or to his solicitor; or

(b)by addressing it to him and leaving it at his usual or last known place of abode or place of business or by addressing it to his solicitor and leaving it at his office; or

(c)by sending it in a registered letter or by the recorded delivery service [F5or by first class post]addressed to him at his usual or last known place of abode or place of business or addressed to his solicitor at his office; or

(d)in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it in a registered letter or by the recorded delivery service [F6or by first class post]addressed to the secretary or clerk of that body at that office.

[F7; and in paragraph (d) of this subsection references to the secretary, in relation to a limited liability partnership, are to any designated member of the limited liability partnership.]

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Extent Information

E2This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Amendments (Textual)

F3Word in s. 9(3)(a) substituted (4.7.1996 with application (E.W.) (1.4.1997) and (N.I.) (1.1.1998) as mentioned in s. 69(2) of the amending Act) by 1996 c. 25, s. 69 (with s. 78(1)); S.I. 1997/682, art. 2; S.I. 1997/3108, art. 2

F4Words substituted for s. 9(5)(a)(b) by Courts Act 1971 (c. 23), Sch. 8 para. 49

F5Words in s. 9(8)(c) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F6Words in s. 9(8)(d) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F7Words in s. 9(8) inserted (E.W.S) (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 4

Modifications etc. (not altering text)

C4S. 9 extended with modifications by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 5(3)

C7S. 9 applied (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 63; S.I. 1997/304, art. 2)

S. 9: power to apply (with modifications) conferred (1.4.1997) by 1957 c. 53, ss. 63A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 63; S.I. 1997/304, art. 2)

S. 9 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. I

C8S. 9 applied (with modifications) (1.4.1997) by S.I. 1997/173, reg. 2, Sch.

9 Proof by written statement. S

(1)In any criminal proceedings, other than committal proceedings under sections 4 to 6 of the Magistrates’ Courts Act 1980, a written statement by any person shall, if such of the conditions mentioned in the next following subsection as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2)The said conditions are—

(a)the statement purports to be signed by the person who made it;

(b)the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;

(c)before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and

(d)none of the other parties or their solicitors, within seven days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:

Provided that the conditions mentioned in paragraphs (c) and (d) of this subsection shall not apply if the parties agree before or during the hearing that the statement shall be so tendered.

(3)The following provisions shall also have effect in relation to any written statement tendered in evidence under this section, that is to say—

(a)if the statement is made by a person under the age of twenty-one, it shall give his age;

(b)if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and

(c)if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under paragraph (c) of the last foregoing subsection shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.

(4)Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section—

(a)the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and

(b)the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

(5)An application under paragraph (b) of the last foregoing subsection to a court other than a magistrates’ court may be made before the hearing and on any such application the powers of the court shall be exercisable [F246by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone.]

(6)So much of any statement as is admitted in evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

(7)Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

(8)A document required by this section to be served on any person may be served—

(a)by delivering it to him or to his solicitor; or

(b)by addressing it to him and leaving it at his usual or last known place of abode or place of business or by addressing it to his solicitor and leaving it at his office; or

(c)by sending it in a registered letter or by the recorded delivery service [F247or by first class post]addressed to him at his usual or last known place of abode or place of business or addressed to his solicitor at his office; or

(d)in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it in a registered letter or by the recorded delivery service [F248or by first class post]addressed to the secretary or clerk of that body at that office.

[F249; and in paragraph (d) of this subsection references to the secretary, in relation to a limited liability partnership, are to any designated member of the limited liability partnership.]

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Extent Information

E3This version extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

F246Words substituted for s. 9(5)(a)(b) by Courts Act 1971 (c. 23), Sch. 8 para. 49

F247Words in s. 9(8)(c) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F248Words in s. 9(8)(d) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F249Words in s. 9(8) inserted (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 4

Modifications etc. (not altering text)

C31S. 9 extended with modifications by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 5(3)

C34S. 9 applied (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 63; S.I. 1997/304, art. 2)

S. 9: power to apply (with modifications) conferred (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III; S.I. 1997/304, art. 2)

S. 9 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. I

C35S. 9 applied (with modifications) (1.4.1997) by S.I. 1997/173, reg. 2, Sch.

10 Proof by formal admission.E+W+S+N.I.

(1)Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.

(2)An admission under this section—

(a)may be made before or at the proceedings;

(b)if made otherwise than in court, shall be in writing;

(c)if made in writing by an individual, shall purport to be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;

(d)if made on behalf of a defendant who is an individual, shall be made by his counsel or solicitor;

(3)An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).

(4)An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.

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Modifications etc. (not altering text)

C9S. 10 applied (with modifications) (1.4.1997) bY S.I. 1997/173, reg. 2, Sch.

S. 10 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. II

S. 10 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. II

S. 10 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. II

[F811 Notice of alibi.E+W+S+N.I.

(1)On a trial on indictment the defendant shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.

(2)Without prejudice to the foregoing subsection, on any such trial the defendant shall not without the leave of the court call any other person to give such evidence unless—

(a)the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the defendant at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness;

(b)if the name or the address is not included in that notice, the court is satisfied that the defendant, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;

(c)if the name or the address is not included in that notice, but the defendant subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and

(d)if the defendant is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it.

(3)The court shall not refuse leave under this section if it appears to the court that the defendant was not informed in accordance with rules under [F9section 144 of the Magistrates’ Courts Act 1980](rules of procedure for magistrates’ courts) of the requirements of this section.

(4)Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.

(5)Any notice purporting to be given under this section on behalf of the defendant by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.

(6)A notice under subsection (1) of this section shall either be given in court during, or at the end of, the proceedings before the examining justices or be given in writing to the solicitor for the prosecutor, and a notice under paragraph (c) or (d) of subsection (2) of this section shall be given in writing to that solicitor.

(7)A notice required by this section to be given to the solicitor for the prosecutor may be given by delivering it to him, or by leaving it at his office, or by sending it in a registered letter or by the recorded delivery service [F10or by first class post]addressed to him at his office.

(8)In this section—

  • evidence in support of an alibi” means evidence tending to show that by reason of the presence of the defendant at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.

  • the prescribed period” means the period of seven days from the end of the proceedings before the examining justices [F11or, where a notice of transfer has been given under [F12a relevant transfer provision], of the giving of that notice].

  • [F13relevant transfer provision” means—

(a)section 4 of the Criminal Justice Act 1987; or

(b)section 53 of the Criminal Justice Act 1991.]

(9)In computing the said period a Sunday, Christmas Day, Good Friday, a day which is a bank holiday under the M1Bank Holidays Act 1871 in England and Wales or a day appointed for public thanksgiving or mourning shall be disregarded.]

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Amendments (Textual)

F8S. 11 repealed (with saving) (E.W.N.I) (4.7.1996 with application (E.W.) (1.4.1997) and (N.I.) (1.1.1998) as mentioned in s. 74(5) of the amending Act) by 1996 c. 25, ss. 1(5), 74(1)(2)(5), 80, Sch. 5 para. 9 (with s. 78(1)); S.I. 1997/682, art. 2, S.I. 1997/3108, art. 2

F10Words in s. 11(7) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(2); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F12Words in s. 11(8) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 7(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F13Definition in s. 11(8) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 7(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Modifications etc. (not altering text)

C10S. 11: power to repeal conferred (4.7.1996) by 1996 c. 25, s. 78(6)(a) (with s. 78(1))

S. 11 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. II

S. 11 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. II

S. 11 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. II

C11S. 11 applied (with modifications) (1.4.1997) by S.I. 1997/173, art. 2

Marginal Citations

12 Application of sections 9 to 11 to courts-martial.E+W+S+N.I.

Without prejudice to section 99(1) of the M2Army Act 1955 or of the M3Air Force Act 1955 [F14, or section 64A(1) of the Naval Discipline Act 1957,] (application to proceedings before courts-martial of civil rules as to the admissibility of evidence) and to any power to make rules F15. . . for the procedure of, and otherwise for the trial of offences by, courts-martial, [F16sections 10 and 11 above shall apply to proceedings before courts-martial]as they apply to proceedings on indictment subject, however, to such modifications as may be prescribed by regulations made by the Secretary of State, being modifications which appear to him to be necessary or proper for the purpose of the operation of those sections in relation to proceedings before courts-martials.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14Words in s. 12 inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 99(a); S.I. 1997/304, art. 2 (with art. 3)

F15Words in s. 12 repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. I; S.I. 1997/304, art. 2

F16Words in s. 12 substituted for paras.(a) and (b) (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 99(b); S.I. 1997/304, art. 2 (with art. 3)

Modifications etc. (not altering text)

C12S. 12 modified (4.7.1996 with application (E.W) (1.4.1997) and (N.I.) (1.1.1998) by s. 74(5) of the amending Act) by 1996 c. 25, ss. 1(5), 74(3)(5) (with s. 78(1)); S.I. 1997/682, art. 2, S.I. 1997/3108, art. 2

S. 12: power to amend or repeal s. 12 conferred (4.7.1996) by 1996 c. 25, s. 78(6)(b) (with s. 78(1))

S. 12 applied (with modifications) (2.10.2000) by S.I. 2000/2372, rule 27(1)(c)(2)(c)

S. 12 applied (with modifications) (2.10.2000) by S.I. 2000/2371, rule 27(1)(c)(2)(c)

S. 12 applied (with modifications) (2.10.2000) by S.I. 2000/2370, rule 27(1)(d)(2)(c)

Marginal Citations

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W

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Amendments (Textual)

14—16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

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Amendments (Textual)

17 Entry of verdict of not guilty by order of a judge.E+W

Where a defendant arraigned on an indictment or inquisition pleads not guilty and the prosecutor proposes to offer no evidence against him, the court before which the defendant is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without the defendant being given in charge to a jury, and the verdict shall have the same effect as if the defendant had been tried and acquitted on the verdict of a jury.

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W

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Amendments (Textual)

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

(2)For the purposes of this section any committal proceedings from which the proceedings on the summary trial arose shall be treated as part of the trial.

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Amendments (Textual)

20 Power of magistrates’ court to commit on bail for sentence.E+W

Where a magistrates’ court has power to commit an offender to a [F21Crown Court] under section 5 of the M4Vagrancy Act 1824 (incorrigible rogues). . . F22, the court may instead of committing him in custody commit him on bail.

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Amendments (Textual)

Marginal Citations

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W

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Amendments (Textual)

22 Extension of power of High Court to grant, or vary conditions of, bail.E+W

[F24(1)Where [F25a magistrates’ court] withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, the High Court may [F26, subject to section 25 of the Criminal Justice and Public Order Act 1994,] grant bail or vary the conditions.

(2)Where the High Court grants a person bail under this section it may direct him to appear at a time and place which the [F25magistrates’ court] could have directed and the recognizance of any surety shall be conditioned accordingly.]

(3)Subsections. . . F27 (4) and (6) of section 37 of the M5Criminal Justice Act 1948 (ancillary provisions as to persons [F28granted] to bail by the High Court under that section and the currency of sentence in the case of persons so admitted) shall apply in relation to the powers conferred by this section and persons [F28granted] bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons [F28granted] bail in pursuance of those powers, except that the said subsection (6) shall not apply in relation to a person [F28granted] bail pending an appeal from a magistrates’ court to [F29the Crown Court].

(4)In this section. . . F30[F31. . . F32“bail in criminal proceedings” and “vary” shall have the same meanings as they have in the M6Bail Act 1976.]

(5)The powers conferred on the High Court by this section shall be in substitution for the powers so conferred by paragraphs (a), (b) and (c) of section 37(1) of the M7Criminal Justice Act 1948, but except as aforesaid this section shall not prejudice any powers of the High Court to admit or direct the admission of persons to bail.

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Amendments (Textual)

F26Words in s. 22(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 15; S.I. 1995/721, art. 2, Sch. Appendix A

Marginal Citations

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W

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Amendments (Textual)

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W

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Amendments (Textual)

25 Restriction on issue of search warrants under Obscene Publications Act 1959.E+W

A justice of the peace shall not issue a warrant under section 3(1) of the M8Obscene Publications Act 1959 (search for and seizure of obscene articles) except on an information laid by or on behalf of the Director of Public Prosecutions or by a constable.

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26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

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Amendments (Textual)

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

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Amendments (Textual)

28—30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W

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Amendments (Textual)

31

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(3)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

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Amendments (Textual)

32 Amendments of Costs in Criminal Cases Act 1952.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(2)[F41. . . F42 section 33 of the M9Courts Martial (Appeals) Act 1968] (payment out of moneys provided by Parliament of expenses of witnesses in connection with appeals to the Courts-Martial Appeal Court). . . F43shall apply in relation to a registered medical practitioner making a written report to a court in pursuance of a request to which this subsection applies as [F44it applies] in relation to a person called to give evidence at the instance of the court,. . . F43.

(3)The last foregoing subsection applies to a request to a registered medical practitioner to make a written or oral report on the medical condition of an offender or defendant, being a request made by a court—

(a)for the purpose of determining whether or not to make an order under [F45paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000](probation orders requiring treatment for mental condition) or section 60 of the M10Mental Health Act 1959 (hospital orders and guardianship orders) or otherwise for the purpose of determining the most suitable method of dealing with an offender; or

(b)in exercise of the powers conferred by [F46section 11 of the Powers of Criminal Courts (Sentencing) Act 2000](remand of a defendant for medical examination and requirement of such an examination on committing a defendant for trial on bail).

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

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Amendments (Textual)

F42Words repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F45Words in s. 32(3)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 24(a)

F46Words in s. 32(3)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 24(b)

Marginal Citations

33 Taking and use of finger-prints and palm-prints.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49in section 39 of the M11Criminal Justice Act 1948 (proof of previous convictions by finger-print) any reference to finger-prints shall be construed as including a reference to palm-prints.

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Amendments (Textual)

Marginal Citations

34 Committal of persons under twenty-one accused of extradition crimes, etc.E+W

Any person under the age of twenty-one who apart from this section would be committed to prison under section 10 of the M12Extradition Act 1870 (committal of a person alleged to have committed an extradition crime) or section 5(1)(a) of the M13Backing of Warrants (Republic of Ireland) Act 1965 (remand in custody of a person for whose arrest a warrant has or is alleged to have been issued in the Republic of Ireland) shall be committed to an institution to which he could be committed if he were charged with an offence before the court which commits him, and any reference in those provisions to prison shall be construed accordingly.

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Marginal Citations

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W

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Amendments (Textual)

36 Interpretation of Part I.E+W

(1)In this Part of this Act—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

  • committal proceedings” means proceedings before a magistrates’ court acting a s examining justices;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

  • director”, in relation to a body corporate which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that body.

(2)Expressions used in any provision of this Part of this Act relating to magistrates’ courts or proceedings before such courts and also used in [F52the Magistrates’ Courts Act 1980] have the same meanings in any such provision as they have in that Act.

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Amendments (Textual)

Part IIE+W+S+N.I.Powers of Courts to Deal with Offenders

37—42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53E+W

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Amendments (Textual)

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W

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Amendments (Textual)

Enforcement of payment of fines, etc.E+W+S

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55E+W

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Amendments (Textual)

44A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56E+W

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Amendments (Textual)

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W

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Amendments (Textual)

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W

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Amendments (Textual)

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59E+W

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Amendments (Textual)

48

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

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Amendments (Textual)

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62E+W

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Amendments (Textual)

F6450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F63 E+W

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Amendments (Textual)

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65E+W

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Amendments (Textual)

52, 53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66E+W

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Amendments (Textual)

54

(1)—(3).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

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Amendments (Textual)

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70E+W

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Amendments (Textual)

MiscellaneousE+W

F7156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F71S. 56 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72E+W

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Amendments (Textual)

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73E+W

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Amendments (Textual)

Part IIIE+W+S+N.I. Treatment of Offenders

Release of prisoners on licence and supervision of prisoners after releaseE+W+S

F74F7559. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

F7660. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7761. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7862. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79E+W

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Amendments (Textual)

F8064. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

MiscellaneousE+W+S+N.I.

65 Abolition of corporal punishment in prison.E+W

Corporal punishment shall not be inflicted in any prison or other institution to which the M14Prison Act 1952 applies, and accordingly section 18 of that Act shall cease to have effect.

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Marginal Citations

66

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

(2)Section 15 of the said Act of 1952 (provision of separate buildings for male and female prisoners confined in the same prison) shall cease to have effect.

(3)For sections 30 to 32 of the said Act of 1952 (discharged prisoners aid societies and allowances and expenses for discharged prisoners) there shall be substituted the following section:—

30 Payments for discharged prisoners.

The Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine

(4)Any statutory instrument containing rules made under section 47 of the said Act of 1952 (prison rules) shall be subject to annulment in pursuance of a resolution of either House of Parliament; and accordingly so much of section 52(2) of that Act as requires a draft of such an instrument to be laid before Parliament shall cease to have effect.

(5)In section 47(4) of that Act (duty to include in prison rules provisions for the special treatment of certain classes of prisoners), paragraphs (b) and (c) (persons convicted of sedition, etc., and appellants) shall cease to have effect, and at the end of paragraph (d) (miscellaneous prisoners) there shall be added the words “or a person committed to custody on his conviction”.

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Amendments (Textual)

Modifications etc. (not altering text)

C13The text of s. 66(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C14The text of s. 66(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

67Computation of sentences of imprisonment passed in England and Wales.E+W

(1)The length of any sentence of imprisonment imposed on an offender by a court shall be treated as reduced by any [F82relevant period, but where he][F83(a)] was previously subject to a probation order, [F84a community service order], an order for conditional discharge or a suspended sentence in respect of that offence, any such period falling before the order was made or suspended sentence passed shall be disregarded for the purposes of this section.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85

[F86(1A)In subsection (1) above “relevant period” means—

(a)any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or

(b)any period during which he was in custody—

(i)by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or

(ii)by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.][F87or—

(c)any period during which, in connection with the offence for which the sentence was passed, he was [F88remanded [F89or committed] to local authority accommodation] by virtue of an order under section 23 of the Children and Young Persons Act 1969 [F90or section 37 of the Magistrates’ Courts Act 1980] and in accommodation provided for the purpose of restricting liberty.]

(2)For the purposes of this section a suspended sentence shall be treated as a sentence of imprisonment when it takes effect under [F91section 119 of the Powers of Criminal Courts (Sentencing) Act 2000] and as being imposed by the order under which it takes effect.

[F92(2A)Where a person is sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (sentences partly suspended), subsection (1) above—

(a)operates to reduce the part of the sentence required to be served in prison;

(b)operates to reduce the whole period of the sentence for the purposes of section 47(3) of that Act; but

(c)does not operate to reduce any part of the sentence which is ordered under section 47(1) of that Act to be held in suspense.

(2B)Where—

(a)an offender has been sentenced to imprisonment with an order under section 47(1) of that Act; and

(b)he has been released from prison after serving part of his sentence; and

(c)an order is subsequently made restoring part of his sentence.

the restored part shall for the purposes of this section be treated as a sentence of imprisonment imposed by the order restoring it (but shall not be reduced by any period spent in custody by the offender before the original sentence was passed).]

(3)No period of custody, other than a period which would have been taken into account before the commencement of this Act under section 17(2) of the Criminal Justice Administration Act 1962 (duration of sentence) for the purpose of reducing a term of imprisonment, shall be taken into account for the like purpose under this section unless it falls after the commencement of this Act.

(4)Any reference in this Act or any other enactment (whether passed before or after the commencement of this Act) to the length of any sentence of imprisonment shall, unless the context otherwise requires, be construed as a reference to the sentence pronounced by the court and not the sentence as reduced by this section.

[F93(5)This section applies—

(a)to sentences of detention in a young offender institution; F94. . .

(b)to determinate sentences of detention passed under [F91section 91 of the Powers of Criminal Courts (Sentencing) Act 2000]](sentences for serious indictable offences),

[F95(c)to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;]

as it applies to sentences of imprisonment.

(6)The reference in subsection [F96(1A)] above to an offender being committed to custody by an order of a court includes a reference to his being [F97[F98remanded or]]committed to a remand centre or to prison under [F99section 23 of the Children and Young Persons Act 1969 or] section 37 of the Magistrates’ Courts Act 1980 but does not include a reference to his being [F100remanded or committed to local authority accommodation] under the said section 23 [F101or 37].

[F102(7)A person is in police detention for the purposes of this section—

(a)at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and

(b)at any time when he is detained under [F103section 41 of the Terrorism Act 2000].

(8)No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984.]

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Amendments (Textual)

F89Words in s. 67(1A)(c) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1) s. 100, Sch. 11 para. 2(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F91Words in s. 67(2)(5)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 25(1)(2)(3)

F94Word in s. 67(5) repealed (1.3.1998) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1998/277, art. 3

F95S. 67(5)(c) repealed (1.4.2000) by 1998 c. 37, ss. 119, 120(1), Sch. 8 para. 10(b), Sch. 10; S.I. 1999/3426, art. 3(b),(c)(i) (subject to saving in art. 4(5))

Modifications etc. (not altering text)

C17S. 67 applied (30.9.1998) by 1997 c. 43, Sch. 1 para. 8(6) (as inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(3)(d); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (with arts. 5-8))

S. 67 excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 2(1)(d) (with s. 78); S.I. 2001/2161, art. 2 (subject to art. 3 of the said S.I.)

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104E+W+S

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Amendments (Textual)

69 Extension of enactments relating to persons sentenced to imprisonment or detention to young offenders sentenced to detention.E+W+S+N.I.

(1)In section 38(3) of the M15Criminal Justice Act 1961 (construction of references to imprisonment or detention and sentence) at the end there shall be added the following paragraph—

(c)any reference to a person serving a sentence of, or sentenced to, imprisonment or detention shall be construed as including a reference to a person who, under any enactment relating to children and young persons in force in any part of the United Kingdom or any of the Channel Islands or the Isle of Man, has been sentenced by a court to be detained for an offence and is liable to be detained in accordance with directions given by the Secretary of State, by the Minister of Home Affairs for Northern Ireland or by the Governor of the Isle of Man with the concurrence of the Secretary of State, and any other reference to a sentence of imprisonment or detention shall be construed accordingly.

(2)In section 49 of the M16Prison Act 1952 F105. . .and section 38(2) of the M17Prison Act (Northern Ireland) 1953 (persons unlawfully at large) any reference to a person sentenced to imprisonment shall be construed as including a reference to any such person as is mentioned in the foregoing subsection.

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Amendments (Textual)

F105Words in s. 69(2) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 5, Sch. 7 Pt. I

Modifications etc. (not altering text)

C18The text of s. 69(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

70 Prisoner transferred from Scotland to England for security.E+W+S

(1)Where the Secretary of State, in the case of a person serving a sentence of imprisonment,. . . F106 in Scotland, is of the opinion that in the interests of security or of public safety that person ought to be transferred to a prison in England and Wales, he may make an order for his transfer to that prison:

Provided that the Secretary of State may at any time make an order for the transfer of that person back to a prison in Scotland.

(2)A person transferred to England and Wales or transferred back to Scotland under this section shall be treated for all purposes as if he had been transferred to England and Wales or, as the case may be, Scotland under section 26 of the M18Criminal Justice Act 1961.

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Amendments (Textual)

Marginal Citations

71 Exercise of powers of release.E+W

Any power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act 1952 applies or from an approved school may be exercised notwithstanding that he is not for the time being detained in that institution or school and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that institution or school.

72 Power of magistrates to issue warrants for arrest of escaped prisoners and mental patients.E+W+S+N.I.

[F107(1)On an information in writing being laid before a justice of the peace for any area in England and Wales or Northern Ireland and substantiated on oath, or on an application being made to a sheriff, magistrate or justice of the peace in Scotland, alleging that any person is—

(a)an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or

(b)a convicted mental patient liable to be retaken under [F108section 18, 38(7) or 138 of the Mental Health Act 1983], section 36 or 106 of the M19Mental Health (Scotland) Act 1960 or [F109Article 29, 45(6) or 132 of the Mental Health (Northern Ireland) Order 1986] (retaking of mental patients who are absent without leave or have escaped from custody);

the justice, sheriff or magistrate may issue a warrant to arrest him and bring him before a magistrates’ court for that area or, in Scotland, before any sheriff.

(2)Where a person is brought before a magistrates’ court or sheriff in pursuance of a warrant for his arrest under this section, the court or sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.

(3)[F110section 137 of the Mental Health Act 1983], section 105 of the M20Mental Health (Scotland) Act 1960 and [F111Article 131 of the Mental Health (Northern Ireland) Order 1986] (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of [F112the said Act of 1983], 1960 [F113or 1984 or the said Order of 1986] 1960 or 1961, as the case may be, to be so conveyed, kept or detained.

(4)In this section—

  • convicted mental patient” means a person liable after being convicted of an offence to be detained under [F114Part III of the Mental Health Act 1983], Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [F115(Northern Ireland) Order 1986] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F116or in pursuance of a hospital direction and a limitation direction][F117or a person liable to be detained under][F114section 38 of the said Act of 1983][F118or Article 45 of the Mental Health (Northern Ireland) Order 1986];

  • place of safety” has the same meaning as in [F114Part III of the said Act of 1983] or 1960 or Part III of the said [F119Order of 1986], as the case may be;

  • Prison Act” means the M21Prison Act 1952, the M22Prisons (Scotland) Act 1952 or the M23Prison Act (Northern Ireland) 1953, as the case may be.]

(5)Section 27 of the M24Criminal Justice Administration Act 1914 (power to issue warrants for the arrest of persons who may be arrested without a warrant) shall cease to have effect.

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Amendments (Textual)

F109Words substituted by S.I. 1986/596, art. 5(a

F111Words substituted by S.I. 1986/596, art. 5(b)

F113Words substituted by virtue of S.I. 1986/596, art. 5(b)

F115Words substituted by S.I. 1986/596, art. 5(c)

F118Words added by 1986/596, art. 5(c)

F119Words substituted by S.I. 1986/596, art. 5(d)

Modifications etc. (not altering text)

C19S. 72(4) amended (1.10.1997 for specified purposes and otherwiseprosp.) by 1997 c. 43, s. 55(2), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(m)

C20The text of s. 72(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Parts IV, VE+W+S

73—84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120E+W

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Amendments (Textual)

85—88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121E+W+S

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Amendments (Textual)

Part VIE+W+S+N.I. Miscellaneous and General

OffencesE+W

89 False written statements tendered in evidence.E+W

(1)If any person in a written statement tendered in evidence in criminal proceedings by virtue of section. . . F122 9 of this Act [F123or in proceedings before a court-martial by virtue of the said section 9 as extended by section 12 above or by section 99A of the M25Army Act 1955 or section 99A of the M26Air Force Act 1955] wilfully makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(2)The M27Perjury Act 1911 shall have effect as if this section were contained in that Act.

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Amendments (Textual)

Modifications etc. (not altering text)

C21S. 89 applied (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 63; S.I. 1997/304, art. 2)

Marginal Citations

90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124E+W

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Amendments (Textual)

91 Drunkenness in a public place.E+W

(1)Any person who in any public place is guilty, while drunk, of disorderly behaviour may be arrested without warrant by any person and shall be liable on summary conviction to a fine not exceeding [F125level 3 on the standard scale].

(2)The foregoing subsection shall have effect instead of any corresponding provision contained in section 12 of the M28Licensing Act 1872, section 58 of the M29Metropolitan Police Act 1839, section 37 of the M30City of London Police Act 1839, and section 29 of the M31Town Police Clauses Act 1847 (being enactments which authorise the imposition of a short term of imprisonment or of a fine not exceeding £10 or both for the corresponding offence) and instead of any corresponding provision contained in any local Act.

(3)The Secretary of State may by order repeal any provision of a local Act which appears to him to be a provision corresponding to subsection (1) of this section or to impose a liability to imprisonment for an offence of drunkenness or of being incapable while drunk.

(4)In this section “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

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Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

Increase of Fines, etc.E+W+S+N.I.

92 Increase of fines.E+W+S+N.I.

(1)The enactments specified in column 1 of Part I of Schedule 3 to this Act, (being enactments creating the offences broadly described in column 2 of that Part of that Schedule) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that enactment were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine of, or not exceeding, the amount specified in column 3 of that Schedule.

(2)The enactments specified in column 1 of Part II of the said Schedule 3 (being enactments which confer power to include in subordinate instruments a provision imposing a fine on summary conviction of any offence described in column 2 of that Part of that Schedule) shall each have effect as if the maximum amount of the fine which may be imposed by any provision contained in such an instrument and made under that enactment for any offence under the instrument were that specified in column 4 of that Schedule instead of that specified in column 3 of that Schedule.

(3)Any subordinate provision in force immediately before the commencement of this Act under an enactment specified in the said Part II shall, if it provides that the maximum amount of the fine which may be imposed on summary conviction of an offence specified in the provision shall be the amount specified in column 3 of the said Part II, have effect as if the said maximum amount were the amount specified in column 4 of the said Part II.

(4)The last foregoing subsection shall have effect subject to any subordinate provision made under any enactment specified in the said Part II after the commencement of this Act.

(5)The foregoing provisions of this section shall not affect the power of a court to impose a penalty for a continuing offence under any enactment specified in Part I of the said Schedule 3 or any subordinate provision made under an enactment specified in Part II of that Schedule except where such a penalty is expressly mentioned in column 3 of that Schedule; nor shall they affect the power of a court to award imprisonment under any such enactment or provision.

(6)In this section “subordinate provision” means a provision contained in an instrument made under an enactment.

(7)Part III of the said Schedule 3 shall have effect for the purpose of amending section 24 of the M32Public Health (Scotland) Act 1897.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

(9)Nothing in this section shall affect the amount of the fine which may be imposed on conviction of an offence committed before the commencement of this Act.

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Amendments (Textual)

Marginal Citations

93 Alteration of maximum periods of imprisonment in default of payment of fines, etc. E+W+S

(1)For the Table in paragraph 1 of Schedule 3 to the Magistrates’Courts Act 1952 (maximum periods of imprisonment in default of payment of fines,etc.) there shall be substituted the following Table:—

TABLE
An amount not exceeding £2seven days
An amount exceeding £2 but not exceeding £5fourteen days
An amount exceeding £5 but not exceeding£20thirty days
An amount exceeding £20 but not exceeding £50sixty days
An amount not exceeding £50ninety days

(2)In paragraph 3 of the said Schedule 3 (maximum periods of imprisonment in default of payment of sums due on summary conviction of a revenue offence) for the references to £20 and £50 there shall be substituted £50 and £100 respectively and for the reference to three months there shall be substituted a reference to ninety days.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

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Amendments (Textual)

Modifications etc. (not altering text)

C23The text of s. 93(1)–(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

FeesE+W

94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130E+W

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Amendments (Textual)

Administration of probation and after-care servicesE+W

95 Probation and after-care areas and committees.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

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Amendments (Textual)

96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134E+W

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Amendments (Textual)

97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135E+W

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Amendments (Textual)

98 Amendment of enactments relating to criminal appeals.E+W

(1)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

(6)The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments shown in that Schedule (being minor amendments to remove doubts and anomalies, and otherwise to facilitate the consolidation of the enactments relating to criminal appeals in England and Wales, the corresponding enactments applying to Northern Ireland and the enactments relating to appeals from courts-martial).

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

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Amendments (Textual)

Modifications etc. (not altering text)

C24The text of s. 98(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F138E+W

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Amendments (Textual)

MiscellaneousE+W+S+N.I.

100 Regulations, rules and orders.E+W+S

(1)Any power conferred by this Act on a Minister of the Crown to make regulations, rules or orders other than orders under section 70(1) of this Act shall be exercisable by statutory instrument.

(2)Any regulations or rules under this Act,. . . F139, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F140(2A)An order shall not be made under section 60(1A) of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.]

(3)Any order made under any provision of this Act by statutory instrument may be varied or revoked by a subsequent order made under that provision.

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Amendments (Textual)

101 Expenses.E+W

There shall be defrayed out of moneys provided by Parliament—

(a)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

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Amendments (Textual)

102 Transitional provisions and savings.E+W+S

Schedule 5 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

103 Minor and consequential amendments and repeals. E+W+S+N.I.

(1)The enactments specified in Schedule 6 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2)The enactments specified in Schedule 7 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

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Modifications etc. (not altering text)

C25The text of s. 103(1)(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

104 General provisions as to interpretation.E+W+S+N.I.

(1)In this Act, except so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them; that is to say—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

  • court” does not include a court-martial;

  • F143. . .

  • [F144extended sentence certificate” means a certificate issued under section 28 of the M33Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section];

  • F143. . .

  • F143. . .

  • F143. . .

  • prison rules” means rules under section 47 of the M34Prison Act 1952;

  • sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;

  • [F145suspended sentence” means a sentence to which an order under section 118(1) of the Powers of Criminal Courts (Sentencing) Act 2000 relates.]

(2)For the purposes of any reference in this Act, however expressed, to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term. [F146if—

(a)the sentences were passed on the same occasion; or

(b)where they were passed on different occasions, the person has not been released under Part II of the M35Criminal Justice Act 1991 at any time during the period beginning with the first and ending with the last of those occasions.]

(3)Any reference in this Act however expressed 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.

(4)Any reference 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 any enactment on the imprisonment of offenders of his age.

(5)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.

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Amendments (Textual)

F142Definition “the clerk of the court” repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F143s. 104(1): definitions of

explosive

,

firearm

,

imitation firearm

and

offensive weapon

repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1

F144S. 104(1): definition of

extended sentence certificate

substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 26(1)

F145S. 104(1): definition of “suspended sentence” substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 26(2)

F146Words in s. 104(2) inserted (30.9.1998 with application as mentioned in Sch. 9 para. 15) by 1998 c. 37, s. 119, Sch. 8 para. 11; S.I. 1998/2327, art. 2

Marginal Citations

105 Northern Ireland.E+W+N.I.

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

(3)Any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.

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Amendments (Textual)

106 Short title, extent and commencement.E+W+S+N.I.

(1)This Act may be cited as the Criminal Justice Act 1967.

(2)The following provisions of this Act shall extend to Scotland, that is to say—

(a)so much of this Act as relates to courts-martial and appeals therefrom;

(b)[F148section 102] and paragraphs 7, 10 to 12 and 14 of Schedule 5;

(c)Part III (except sections 63, 65, 66, 67 and 71) and Schedule 2;

(d)Part V;

(e)section 92 and Schedule 3 so far as they amend any enactment which extends to Scotland;

[F149(ee)section 100;]

(f)so much of section 103(1) and Schedule 6 as amends. . . F150. . . F151, the M36Criminal Justice Act 1961 and the M37Criminal Justice (Scotland) Act 1963; and

(g)Part II of Schedule 7 and so much of section 103(2) as relates thereto;

but except as provided by this subsection and except so far as it relates to the interpretation or commencement of the said provisions this Act shall not extend to Scotland.

(3)The following provisions of this Act shall extend to Northern Ireland, that is to say—

(a)so much of this Act as relates to courts-martial and appeals therefrom;

(b)sections. . . F152 69 and 72;

(c)so much of section 92 and Parts I and II of Schedule 3 as is extended to Northern Ireland by Part IV of that Schedule;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

(e)so much of section 103(1) and Schedule 6 as amends. . . F151 the M38Criminal Justice Act 1961;

(f)section 105; and

(g)Part III of Schedule 7 and so much of section 103(2) as relates thereto;

but except as provided by this subsection and except so far as it relates to the interpretation or commencement of the said provisions this Act shall not extend to Northern Ireland.

(4)Sections 69(1) and 92 of, and Schedule 3 to, this Act, so far as they amend any enactment which extends to the Channel Islands or the Isle of Man, shall extend to the Channel Islands or the Isle of Man, as the case may be.

(5)This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different purposes of this Act, and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the day so appointed for the coming into force of that provision, and any such reference to the commencement of a provision of this Act shall be construed as a reference to the day appointed for the coming into force of the provision referred to.

(6)Without prejudice to Schedule 5 to this Act, any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

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Amendments (Textual)

F148Words in s. 106(2)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 27

Marginal Citations

SCHEDULES

F154F154SCHEDULE 1E+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

Section 59.

F155F156SCHEDULE 2E+W+S Provisions as to Parole Board and Local Review Committees

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Amendments (Textual)

The Parole BoardE+W+S

F1571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1582. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159E+W+S

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Amendments (Textual)

F1604. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F1626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Local Review CommitteesE+W+S

F1637. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Section 92.

SCHEDULE 3E+W+S+N.I. Increase of Fines

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Modifications etc. (not altering text)

C26The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W+S+N.I. Increase of fines fixed by enactments

EnactmentDescription of OffenceOld fine or maximum fineNew maximum fine
The London Hackney Carriage Act 1831, c. 22.
Section 35Cab driver refusing to go with any person desirous of hiring.£2£10
F164. . .
The Game (Scotland) Act 1832, c. 68.
Section 1Day trespass in pursuit of game, etc.£2, or £5 if in disguise or in group of five or more£20 or £50 respectively.
The Highway Act 1835, c. 50
Section 72Miscellaneous offences on the highway, including riding on the footpath, tethering animals and damaging or obstructing the highway.£2£10
Section 78Miscellaneous offences by drivers of carriages on the highway, including negligent and furious driving and failing to keep to the left.£5 where the driver is not the owner, and £10 where he is the owner.£20
The Metropolitan Police Act 1839, c. 47
Section 44Keepers of refreshment houses permitting drunkenness, disorderly conduct, etc., on the premises. £5£20
. . . F165. . . F165. . . F165. . . F165
. . . F166. . . F166. . . F166. . . F166
F164. . .
The London Hackney Carriages Act 1843, c. 86.
Section 10Persons acting as drivers without licences and tickets, transferring or lending licences and tickets and proprietors suffering unlicensed persons to act as drivers.£5 except for offences by proprietors and £10 for offences by proprietors.£20 for a first offence and £50 for a second or subsequent offence.
Section 14False representations, etc., in connection with applications for licences.£5£50
Section 17Failure by driver to wear ticket. £2£10
Section 33Miscellaneous offences by cab drivers including loitering, causing obstruction and overcharging.£ 1£10
F167. . .F167. . .F167. . .F167. . .
The Harbours, Docks, and Piers Clauses Act 1847, c. 27.
Section 28Unjustified claims for exemption from harbour rates.£10£50
Section 38Masters of ships giving no account, or false account, of cargo unshipped.£10£50
Section 39Shippers of goods giving no account, or false account, of cargo shipped.£10£50
The Towns Improvement Clauses Act 1847, c. 34.
Section 65Occupier failing after notice to mark house with approved number or to renew approved number thereon.£2£20
The Cemetries Clauses Act 1847, c.65
. . . F165. . . F165. . . F165. . . F165
Section 59Playing games, etc., discharging firearms, disturbing persons assembled for burial, or committing nuisance in cemetary.£5£10
The Town Police Clauses Act 1847, c. 89.
Section 21Contravention of orders made for regulating traffic and preventing obstruction in streets. £2£20
Section 28Miscellaneous offences in thoroughfares, including obstruction, furious driving and discharging firearms.£2£20
Section 35Keepers of refreshment houses harbouring prositutes and thieves.£5£20
Section 40Mis-statements and omissions in applications for hackney carriage licences.£10£20
Section 45Plying for hire without a licence.£2£20 for a first offence and £50 for a second or subsequent offence.
Section 47Persons acting as cab drivers without a licence, lending licences and proprietors employing unlicensed drivers. £1£20 for a first offence and £50 for a second or subsequent offence.
Section 53Cab driver refusing to drive. £2£10
Section 58Cab proprietor or driver overcharging. £2£10
The London Hackney Carriage Act 1853, c. 33.
Section 11Failure by drivers and others to hand in property left in cabs and omnibuses.£2£10
Section 17Miscellaneous offences by drivers and conductors, including overcharging and refusing passengers or luggage.£2£10
Section 19Offences for which no specific penalty is imposed.£2£10
The Inclosure Act 1857, c. 31.
Section 12Damaging or causing nuisances on town and village greens.£2£20
The Ecclesiastical Courts Jurisdiction Act 1860, c. 32.
Section 2Riotous or indecent behaviour in churches, burial grounds, etc., and harassing authorised preachers. £5£20
. . . F165. . . F165. . . F165. . . F165
The Poaching (Prevention) Act 1862, c. 114.
Section 2Simple poaching£5£50
F168. . .
F168. . .F168. . .F168. . .F168. . .
The Trespass (Scotland) Act 1865, c. 56.
Section 4Miscellaneous offences of trespass.£1 for a first offence and £2 for a second or subsequent offence.£10
The Metropolitan Streets Act 1867, c. 134.
Section 6Obstruction by unnecessary deposit of goods, etc., on footways, etc. £2£20 for a first offence and £50 for a second or subsequent offence.
Section 9Displaying unapproved advertisements.10s. 0d.£10
The Metropolitan Public Carriage Act 1869, c. 115.
Section 7Unlicensed hackney carriage plying for hire or using cab stand.£5 for every day when carriage plies for hire or for every occasion when found on the stand.£20 for a first offence and £50 for a second or subsequent offence.
Section 8Driving hackney or stage carriage when unlicensed.£2£20 for a first offence and £50 for a second or subsequent offence.
The Tramways Act 1870, c. 78.
Section 51Non-payment of fares £2£20
The Explosives Act 1875, c. 17.
Section 31Sale of gunpowder to child apparently under thirteen. £5£20
Section 33Contravention of general rules as to packing of gunpowder for conveyance.£20£100
Section 80Throwing fireworks in the street.£5£20
The Post Office (Protection) Act 1884, c. 76.
Section 11(a) Forgery, etc., of telegram.£10£100
(b) Improper disclosure of telegram by employee of telegraphic company.£20£100
. . . F169. . . F169. . . F169. . . F169
The Infectious Diseases (Notification) Act 1889, c. 72.
Section 3(2)Failure to notify notifiable disease.£2£10
. . . F170. . . F170. . . F170. . . F170
The Military Lands Act 1892, c. 43.
Section 17Contravention of byelaws £5£20
F171. . .
The Uniforms Act 1894, c. 45.
Section 2Wearing a military uniform, etc., without authority. £5£50
Section 3Wearing a military or naval uniform, etc., without authority in a manner likely to bring contempt on the uniform, or employing another for that purpose.£10£50
. . . F165. . . F165. . . F165. . . F165
The London Cab Act 1896, c. 27.
Section 1Hirer defrauding cab driver.£2£10
The Public Health (Scotland) Act 1897, c. 38.
Section 22 (as extended by section 1(5) of the M39Noise Abatement Act 1960).Causing or negligently allowing nuisances. £5£20
Section 40Failure to comply with notice requiring houses in filthy state to be purified.10s. 0d. for each day on which offence continues.£20
Section 56Exposure by any person of others to risk of infection by himself or by a person in his care, and transmitting or exposure of infectious articles. £5£10
Section 163Offences for which no pecuniary penalty is provided, obstruction of persons executing Act, and contravention of regulations. £5£10 for a first offence and £20 for a second or subsequent offence.
The Dogs Act 1906, c. 32.
Section 6Allowing carcasses of cattle to lie unburied in field to which dogs have access. £2£10
. . . F172. . . F172. . . F172. . . F172
The Public Health Acts Amendment Act 1907, c. 53.
Section 94Letting for hire or carrying passengers in an unlicensed pleasure boat or exceeding authorised number of passengers. £2£50
The Commons Act 1908, c. 44.
Section 1(2)Owner turning out animal on a common in contravention of regulations and any person obstructing execution of regulations. £2£20
. . . F173. . . F173. . . F173. . . F173
The Perjury Act 1911, c. 6.
Section 3 (as extended and amended by section 28(1) and (3) of the M40Criminal Justice Act 1925).Making false oaths and statements with reference to marriages.£50£100
Section 4 (as amended by section 28(2) and (3) of the Criminal Justice Act 1925).Making false statements with reference to births and deaths.£50£100
. . . F174. . . F174. . . F174. . . F174
. . . F175. . . F175. . . F175. . . F175
. . . F165. . . F165. . . F165. . . F165
The Ferries (Acquisition by Local Authorities) Act 1919, c. 75.
Section 4Fraudulent claims for exemption from payment of tolls.£10£20
The Land Settlement (Scotland) Act 1919, c. 97.
Section 22(2)Damaging crops in allotments.£5£20
The Census Act 1920, c. 41.
Section 8(1)Miscellaneous offences including making a false declaration, delivering a false document and giving a false answer.£10£50
F176. . .
The Law of Property Act 1925, c. 20
Section 193(4)Unauthorised driving, camping, etc., on common land. £2£20
. . . F165. . . F165. . . F165. . . F165
The Criminal Justice Act 1925, c. 86.
Section 37Unlawful possession of pension documents as securities for debts.£20£100
Section 38(1)Making or using imitation bank notes.£5£20
Section 38(2)Refusal by person whose name appears on an imitation bank note to give name and address of printer.£10£20
. . . F177. . . F177. . . F177. . . F177
The Parks Regulations (Amendment) Act 1926, c. 36.
Section 2(1)Contravention of regulations. £5£20
The Births and Deaths Registration Act 1926, c. 48.
Section 1Disposal of body without a registrar’s certificate or coroner’s order.£10£20
Section 4Removal of body out of England without complying with the relevant requirements.£10£50
Section 11Contravention of other provisions of Act.£2£10
The Auctions (Bidding Agreements) Act 1927, c. 12.
Section 1Dealer giving or any person accepting reward for abstention from bidding.£100£400
The Superannuation and Other Trust Funds (Validation) Act 1927, c. 41.
Section 7Default in complying with requirements of Act, including requirements as to accounts and reports. £5£10
The Agricultural Produce (Grading and Marking) Act 1928, c. 19.
Section 2(3)Forgery of grade designation marks and similar offences.£20£100
Section 2(4)Unauthorised use of grade designation marks.£20£100
Section 3Selling or exposing for sale unmarked preserved eggs.£5 for a first offence and £20 for a second or subsequent offence.£20 for a first offence and £100 for a second or subsequent offence.
Section 4(2) as amended by section 23 of the M41Agriculture (Miscellaneous Provisions) Act 1963.Miscellaneous offences connected with the storage and marking of eggs.£5 for the first offence and £20 for a second or subsequent offence.In the case of an offence under paragraph (c) £20, and in any other case £20 for a first offence and £100 for a second or subsequent offence.
F164. . .
F178. . .
. . . F179. . . F179. . . F179. . . F179
The Agricultural Produce (Grading and Marking) Amendment Act 1931, c. 40.
Section 4(1)Use of mark or description calculated to deceive because of resemblance to grade designation mark.£20£100
. . . F165. . . F165. . . F165. . . F165
The Children and Young Persons Act 1933, c. 12.
Section 5Giving intoxicating liquor, or causing it to be given, to a child under a five.£3£10
F180. . .F180. . .F180. . .F180. . .
Section 23 (as amended by section 64 (1) and Schedule 3 paragraph 5 to the M42Children and Young Persons Act 1963).Any person procuring or parent allowing person under sixteen to take part in dangerous public performances.£10 for a first offence and £50 for a second or subsequent offence.£50 for a first offence and £100 for a second or subsequent offence.
Section 24(1)Any person procuring or parent allowing person under twelve or unlicensed person under sixteen to be trained for dangerous performances.£5 for a first offence and £20 for a second or subsequent offence.£20 for a first offence and £50 for a second or subsequent offence.
. . . F165. . . F165. . . F165. . . F165
. . . F181. . . F181. . . F181. . . F181
F164. . .
[F182The Public Health Act 1936, c. 49.]
[F182Section 76(3)][F182Sorting over or disturbing dustbins or material deposited on a refuse tip.][F182£5][F182£10]
[F182Section 83(2)][F182Failure to comply with notice requiring cleansing of filthy or verminous premises.][F182£5][F182£20]
[F182Section 94(2)][F182Failure to abate or to remove danger of recurrence of nuisance.][F182£5][F182£20]
[F182Section 95(1) (both as originally enacted and as applied by s. 16(1) of the M43Clean Air Act 1956).][F182Contravention, etc., of nuisance order, including a smoke nuisance order.][F182£5 and in addition £2 for each day on which the offence continues after conviction thereof under the section as originally enacted, and £10 and £5 respectively under the section as s o applied.][F182£50 and in addition £5 for each day on which the offence continues after conviction thereof.]
. . . F183. . . F183. . . F183. . . F183
Section 246Offences in connection with common lodging houses, including failure to keep premises suitably equipped and false statements in application for registration. £5£10
Section 269(7)Contravention of provisions and conditions of licences as to keeping and use of movable dwellings.£5£20
Section 288Obstruction of persons executing Act or subordinate instruments.£5 and in addition £5 for each day on which the offence continues after conviction thereof.£10 for a first offence and £20 for a second or subsequent offence.
The Children and Young Persons (Scotland) Act 1937, c. 37.
Section 16Giving intoxicating liquor, or causing it to be given, to a child under five. £3£10
Section 21(1)(as amended by Schedule 4 to the M44Education (Scotland) Act 1945).Vagrant preventing child or young person from receiving education.£ 1£10
Section 33 (as amended by Schedule 3 to the M45Children and Young Persons Act 1963).Any person procuring or parent allowing person under sixteen to take part in dangerous public performances.£10 for a first offence and £50 for a second or subsequent offence.£50 for a first offence and £100 for a second or subsequent offence.
Section 34(1)Any person procuring or parent allowing person under twelve or unlicensed person under sixteen to be trained for dangerous performances.£5 for a first offence and £20 for a second or subsequent offence.£20 for a first offence and £50 for a second or subsequent offence.
Section 76(5)Failure to comply with order to produce a child or young person to be sent to an approved school.£ 5£20
Section 86(5)Failure to comply with order to produce a child or young person who has escaped from an approved school.£ 5£20
Section 91(7)Failure of person making payments under a contribution order to notify change of address to recipient. £2£10
Section 92(2)(b)Failure to notify change of address by a father making payments under a decree for aliment to a person entitled by virtue of a contribution order. £2£10
F184. . .F184. . .F184. . .F184. . .
. . . F165. . . F165. . . F165. . . F165
F185. . .F185. . .F185. . .F185. . .
F186. . .F186. . .F186. . .F186. . .
. . . F165. . . F165. . . F165. . . F165
. . . F187. . . F187. . . F187. . . F187
. . . F165. . . F165. . . F165. . . F165
The Marriage Act 1949, c. 76.
Section 76(2)Refusal or failure to make and deliver a copy of entries in the marriage register book or a certificate that no entries have been made.£10£20
. . . F165. . . F165. . . F165. . . F165
. . . F188. . . F188. . . F188. . . F188
The National Parks Act 1949, c. 97.
Section 57Erecting a misleading notice likely to deter the public from using a public footpath.£ 5£20
. . . F189. . . F189. . . F189. . . F189
. . . F190. . . F190. . . F190. . . F190
. . . F191. . . F191. . . F191. . . F191
. . . F192
. . . F165. . . F165. . . F165. . . F165
. . . F192. . . F192. . . F192. . . F192
. . . F193
. . . F165. . . F165. . . F165. . . F165
. . . F193. . . F193. . . F193. . . F193
The Prison Act 1952, c. 52.
Section 40Unlawful introduction of liquor or tobacco into prison.£20£50
Section 41Unlawful conveyance of letters or other articles into prison.£10£50
F164. . ..
The Prevention of Crime Act 1953, c. 14.
Section 1(1)Carrying an offensive weapon in a public place without lawful authority or reasonable excuse.£50£200
The Births and Deaths Registration Act 1953, c. 20.
Section 36Failure to give information and similar offences. £2In the case of an offence under paragraph (c), £20 and in any other case £10.
. . . F165. . . F165. . . F165. . . F165
F194. . .
F194. . .F194. . .F194. . .F194. . .
F194. . .F194. . .F194. . .F194. . .
F194. . .F194. . .F194. . .F194. . .
F194. . .F194. . .F194. . .F194. . .
F194. . .F194. . . .F194. . .F194. . .
. . . F165. . . F165. . . F165. . . F165
. . . F195. . . F195. . . F195. . . F195
The Pharmacy Act 1954, c. 61.
F196. . .F196. . . ”F196. . .F196. . .
Section 20(2)Forgery or imitation of a certificate issued under the Pharmacy Acts.£20£100
Section 20(3)Failure to surrender certificate of registration. £5£10
. . . F197. . . F197. . . F197. . . F197
. . . F165. . . F165. . . F165. . . F165
The Affiliation Proceedings Act 1957, c. 55.
Section 9(2)Failure by putative father to notify change of address.£2£10
The Matrimonial Proceedings (Children) Act 1958, c. 40.
Section 10(6)Parent’s failure to give address for time being to local authority having his child in care. £5£10
The Agricultural Marketing Act 1958, c. 47.
Section 6(6)Sale of regulated product by producer in contravention of a scheme under the section.£5 and an additional fine not exceeding half the price at which the product was sold subject to a limit of £100 on the fines which may be imposed for any one offence under the subsection.£20 and an additional fine not exceeding half the price at which the product was sold subject to a limit of £200 on the fines which may be imposed for any one offence under the subsection.
Section 45(6)Failing to give information or giving false information to an agricultural marketing board.£20£50
. . . F165. . . F165. . . F165. . . F165
. . . F198. . . F198. . . F198. . . F198
. . . F199. . . F199. . . F199. . . F199
. . . F165. . . F165. . . F165. . . F165
The Indecency with Children Act 1960, c. 33.
Section 1(1)Indecent conduct with or towards child under fourteen.£100£400
. . . F200. . . F200. . . F200. . . F200
F164. . .
. . . F201. . . F201. . . F201. . . F201
. . . F202. . . F202. . . F202. . . F202
. . . F165. . . F165. . . F165. . . F165
. . . F203. . . F203. . . F203. . . F203
The Industrial and Provident Societies Act 1965, c. 12.
Section 61Failing to give required notices, etc., or to furnish required information, and making false returns. £5£10
. . . F165
. . . F165. . . F165. . . F165. . . F165
The Forestry Act 1967, c. 10.
Section 30(5)Failure to give information or making misstatements as to interests in land. £5£10
Section 46(5)Offences against byelaws.£10 in the case of byelaws for the New Forest and £5 in other cases.£20 in all cases.
Section 48(3)Obstruction of officers of Forestry Commissioners.£5£20
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Amendments (Textual)

F164Sch. 3 Pt. I: entries relating to 1 & 2 Wm. 4 c. 43, the Pound-breach Act 1843, the Slaughter of Animals (Scotland) Act 1928, the Local Governement Act 1933, the Prisons (Scotland) Act 1952 and the Mental Health (Scotland) Act 1960 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I, Group 1

F167Entries in Sch. 3 Pt. I repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1992/1347, art. 2, Sch.

F168Sch. 3 Pt. I: entry repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F171Sch. 3 Pt. I: entry relating to the Burgh Police (Scotland) Act 1892 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X, Group 2

F176Sch. 3 Pt. I: entry relating to the Allotments Act 1922 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. III

F178Sch. 3 Pt. I: entry relating to the Petroleum (Consolidation) Act 1928 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. VII

F180Sch. 3 Pt. I: entry relating to s. 10 of the Children and Young Persons Act 1933 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1), 307(3), Sch. 19 para. 40, Sch. 21 Pt. I; S.I. 1993/1975, art. 9, Sch. 1

F182Entry relating to Burgh Police (Scotland) Act 1892, (c. 55) repealed (prosp.) by Controll of Pollution Act 1974 (c. 40), s.108, Sch. 4

F184Sch. 3 Pt. I: entries relating to the Trade Marks Act 1938 repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 5; S.I. 1994/2550, art. 2

F185Sch. 3 Pt. I: entry relating to the Education Act 1944 repealed (1.11.1996) by 1996 c. 56, ss. 582(2), 583(2), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39)

F186Sch. 3 Pt. I: entry relating to s. 40(1) of the Education Act 1944 repealed (1.10.1993) by 1993 c. 35, ss. 303(4), 307(1), 307(3), Sch. 19 para. 40, Sch. 21 Pt. I; S.I. 1993/1975, art. 9, Sch. 1

F194Sch. 3 Pt. I: entries repealed (26.3.2001) by 2000 c. 26, s. 130(1), Sch. 9; S.I. 2001/878, art. 2, Sch. (subject to transitional provisions in arts. 3-17)

F196Sch. 3 Pt. I: entry relating to s. 19(3) of the Pharmacy Act 1954 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XII

Marginal Citations

Part IIE+W+S+N.I. Increase of Limit on Fines which may be imposed by Subordinate Instruments

EnactmentDescription of OffenceOld maximum fineNew maximum fine
The Harbours, Docks and Piers Clauses Act 1847, c. 27.
Section 84Contravention of byelaws. £5£50
The Dockyard Port Regulation Act 1865, c. 125.
Section 6Offences against port regulations.£10£50
The Metropolitan Public Carriage Act 1869, c. 115.
Section 10Contravention of regulations as to hackney and stage carriages. £2£20
The Tramways Act 1870, c. 78.
Section 47Contravention of byelaws regulating tramways and prohibiting nuisances on trams.£ 2£20
The Explosives Act 1875, c. 17.
Sections 11 and 19.Breach of special rules for regulation of workmen in gunpowder factories and stores.£2£20
Section 34Contravention of harbour authorities’ byelaws as to conveyance, loading and unloading of gunpowder.£20£100
Section 35Contravention of railway byelaws as to conveyance, loading and unloading of gunpowder.£20£100
Section 36Contravention of wharf byelaws as to loading and unloading of gunpowder.£20£100
Section 37Contravention of byelaws as to conveyance by road, etc., and loading and unloading of gunpowder.£20£100
The Public Health Act 1875. c. 55.
Section 183Contravention of local authority’s byelaws.£5£20
The Commons Act 1876, c. 56.
Section 16Contravention of byelaws for management, etc., of regulated pastures. £2£10
F204. . .
The Harbours, Piers and Ferries (Scotland) Act 1937, c. 28.
Section 11(2)Contravention of byelaws relating to marine works, made under section 83 of the Harbours, Docks and Piers Clauses Act 1847, as applied by section 10 of the said Act of 1937. £5£50
F204. . .
. . . F205
. . . F205. . . F205. . . F205. . . F205
The Plant Health Act 1967, c. 8.
Section 3(4)(a)Contravention of orders made under section 3 for preventing the spread in Great Britain of the Colorado beetle.£100 for an offence against any such order of keeping or distributing live specimens of the beetle and £50 for other offences.£100 or, for an offence committed after a previous conviction of an offence against any such order, £200.
Section 3(4)(b)Contravention of other orders under section 3.£10 for a first offence against any such order and £50 for an offence committed after a previous conviction of an offence against that order.£100 or, for an offence committed after a previous conviction of an offence against any such order, £200.
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Amendments (Textual)

F204Sch. 3 Pt. II: entries relating to the Local Government Act 1933 and the Local Government (Scotland) Act 1947 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.I, Group 1

Part IIIE+W+S Amendment of Section 24 of the Public Health (Scotland) Act 1897 (c.38)

In section 24 of the Public Health (Scotland) Act 1897 (failure to comply with decree and knowing infringement of interdict relating to nuisances under section 16, including nuisances under subsections (6) and (8) of that section arising from the conduct of factories, businesses, etc.) the provision imposing a penalty for such a failure or infringement shall have effect as if £20 were substituted for five pounds and £50 for ten pounds in the case of nuisances under the said subsection (6) or (8) of section 16, and as if £2 were substituted for ten shillings in respect of such a failure and £5 for twenty shillings in respect of such an infringement in the case of any other nuisance under that section.

Part IVE+W+S+N.I. Amendments Extending to Northern Ireland

Section 92 and Parts I and II of this Schedule shall extend to Northern Ireland so far as they amend the following enactments:—

F206. . .

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Amendments (Textual)

F206Sch. 3 Pt. IV: entries repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

section 6 of the M46Dockyard Ports Regulation Act 1865;

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Marginal Citations

section 11 of the M47Post Office (Protection) Act 1884;

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section 17 of the M48Military Lands Act 1892;

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sections 2 and 3 of the M49Uniforms Act 1894;

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Marginal Citations

F207. . .

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Amendments (Textual)

F207Sch. 3 Pt IV: entry relating to the Trade Marks Act 1938 repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 5; S.I. 1994/2550, art. 2

. . . F208

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Amendments (Textual)

. . . F209

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Amendments (Textual)

. . . F210

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Amendments (Textual)

. . . F210

F206. . .

. . . F210

sections 6(6) and 45(6) of the M50Agricultural Marketing Act 1958.

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Marginal Citations

Section 98.

SCHEDULE 4E+W Miscellaneous Amendments of Enactments relating to Criminal Appeal

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Modifications etc. (not altering text)

C27The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

1—8.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211E+W

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Amendments (Textual)

9—15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F212E+W

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Amendments (Textual)

16—19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213E+W

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Amendments (Textual)

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F214E+W

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Amendments (Textual)

21, 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215E+W

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Amendments (Textual)

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F216E+W

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Amendments (Textual)

The Administration of Justice Act 1960 (c. 65)E+W

24In section 4 (power to grant bail pending appeal to the House of Lords) as it applies to England and Wales,—E+W

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F217

(b)in subsection (2) for the words “an appellant pending an appeal under section one of this Act in such proceedings” there shall be substituted the words “an appellant under section 1 of this Act, or a person applying for leave to appeal thereunder, pending the appeal”.

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Amendments (Textual)

25In section 4, as it applies to Northern Ireland—E+W

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F219

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Amendments (Textual)

26In section 5 (power to order detention of defendant pending appeal by Crown) as it applies to England and Wales and also as it applies to Northern Ireland,—E+W

(a)in subsection (1) after the word “bail” there shall be inserted the words “(which may be granted by the court as under section 4 above)” ;and

(b)subsection (2) shall be omitted.

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F220E+W

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Amendments (Textual)

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221E+W

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Amendments (Textual)

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F222E+W

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Amendments (Textual)

30In section 9(3) (provision as to presence of defendant on hearing of appeal), as it applies to England and Wales, for the words “or rules of court as the case may be authorise” there shall be substituted the word “authorises”.E+W

31, 32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223E+W

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Amendments (Textual)

33—35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F224E+W

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Amendments (Textual)

36, 37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F225E+W

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Amendments (Textual)

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226E+W

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Amendments (Textual)

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F227E+W

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Amendments (Textual)

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F228E+W

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Amendments (Textual)

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229E+W

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Amendments (Textual)

Section 102.

SCHEDULE 5E+W+STransitional Provisions and Savings

JuriesE+W

F2301. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F230Sch. 5 para. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.I, Group 1

F2312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F231Sch. 5 para. 2 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.I, Group 1

Prisoners sentenced to corrective training or preventive detentionE+W

3A person sentenced to corrective training or preventive detention in England and Wales who was or ought to have been detained in pursuance of his sentence immediately before the commencement of section 60 of this Act shall be treated for purposes of detention, release, recall and otherwise as having been sentenced to a term of imprisonment of the same length as the term of his original sentence and, if he was originally sentenced to preventive detention, he shall also be so treated as if an extended sentence certificate had been issued in respect of him.E+W

4A person sentenced to corrective training who immediately before the commencement of the said section 60 was subject to a licence under section 26 of the M51Prison Act 1952 (release on licence of prisoner sentenced to corrective training or preventive detention) shall be treated for all purposes as if his sentence had expired.E+W

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Marginal Citations

5A person sentenced to preventive detention who immediately before the commencement of the said section 60 was subject to a licence as aforesaid shall be treated for the purposes of Part III of this Act as if he had been released on licence under subsection (3)(a) of that section and as if the requirements specified in the licence under the said section 26 were conditions specified in a licence under the said paragraph (a).E+W

Release of prisoners, etc. on licenceE+W+S

6A person serving any part of a sentence of imprisonment after the commencement of section 67 of this Act, being a sentence which fell to be reduced under section 17(2) of the M52Criminal Justice Administration Act 1962 (duration of sentence), shall, for the purpose of determining under section 60(1) of this Act whether he has served one-third of his sentence, be treated as if any period spent in custody between conviction and sentence and taken into account under the said section 17(2) were included in his sentence and as if he had served that period as part of that sentence.E+W

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Marginal Citations

7A person sentenced to a term of imprisonment within the meaning of section 60 of this Act for eighteen months or more and subject immediately before the commencement of that section to a licence under section 25 of the M53Prison Act 1952 or section 20 of the M54Prisons (Scotland) Act 1952 (release on licence instead of remission in the case of prisoners under twenty-one) shall be treated as if he had been released on licence under section 60(3)(b) of this Act and as if the requirements specified in the licence under the said section 25 or 20 were conditions specified in a licence under the said paragraph (b).E+W+S

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Marginal Citations

8A person sentenced to a term of imprisonment for less than eighteen months and subject immediately before the commencement of the said section 60 to a licence under the said section 25 shall be subject to supervision under Schedule 1 to the M55Criminal Justice Act 1961 (supervision of persons released from detention centres) until the expiration of the period for which he would have been subject to supervision under the said section 25 and as if the requirements specified in the licence under the said section 25 had been specified in a notice given to him under that Schedule; and that Schedule and section 63(2) of this Act shall apply to any such person as they apply to a person mentioned in section 63(1) of this Act with the substitution for any reference in that Schedule to a period of twelve months from the date of a person’s release of a reference to the period between his release and the expiration of the time for which he would have been subject to supervision as aforesaid.E+W

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Marginal Citations

9Where a person was sentenced to a term of imprisonment for less than eighteen months and was immediately before the commencement of section 60 of this Act in prison by reason of having been recalled under the said section 25, the said Schedule 1 and section 63(2) shall apply to him as they apply to a person mentioned in the said section 63(1) subject to the modification mentioned in the last foregoing paragraph, and he shall be treated for the purposes of that Schedule as if he had been recalled thereunder.E+W

10A person subject immediately before the commencement of section 61 of this Act to a licence under any of the following enactments, that is to say, section 27 of the M56Prison Act 1952, section 21 of the M57Prisons (Scotland) Act 1952 (persons serving imprisonment for life), section 53(4) of the M58Children and Young Persons Act 1933 or section 57(4) of the M59Children and Young Persons (Scotland) Act 1937 (young offenders convicted of grave crimes), shall be treated as if he had been released on licence under the said section 61 and as if the conditions contained in a licence under any of the said enactments had been specified in a licence under the said section 61 and, in the case of a person released after being sentenced under section 53(2) of the said Act of 1933 or section 57(2) of the said Act of 1937 to be detained otherwise than for life, as if a licence granted to him under the said section 61 had specified the date of the expiration of his sentence as the date until which the licence is to remain in force.E+W+S

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Marginal Citations

11Where any person sentenced to imprisonment for life or sentenced under section 53 of the M60Children and Young Persons Act 1933 or section 57 of the M61Children and Young Persons (Scotland) Act 1937 to be detained was notified before the commencement of section 61 of this Act that the Secretary of State proposed to release him under any enactment mentioned in the last foregoing paragraph, the Secretary of State may release him on licence under the said section 61, whether or not recommended to do so by the Parole Board or the Parole Board for Scotland.E+W+S

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Marginal Citations

12Any person who immediately before the commencement of sections 60 to 62 or section 69 of this Act was unlawfully at large or liable to be arrested without warrant under any enactment superseded by any provision of those sections shall, so long as he is at large, be (or continue to be) unlawfully at large.E+W+S

Non-payment of fines, etc.E+W+S

13Notwithstanding anything in this Act, sections 69 and 70 of the M62Magistrates’ Courts Act 1952, as in force immediately before the commencement of sections 44 to 46 of this Act, shall continue to apply, and the last-mentioned sections shall not apply, to a sum adjudged to be paid by a conviction of a magistrates’ court if before the commencement of the last-mentioned sections a magistrates’ court has fixed a term of imprisonment for default in paying that sum.E+W

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Marginal Citations

14Section 93 of this Act shall not apply to a term of imprisonment to be served by a defaulter which has been fixed or imposed before the commencement of that section.E+W+S

Legal aidE+W

F23215. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F232Sch. 5 para. 15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.I, Group 1

F23316. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F233Sch. 5 para. 16 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.I Group 1

Criminal appealsE+W

F23417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F234Sch. 5 para. 17 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.I Group 1

Section 103.

SCHEDULE 6E+W+S+N.I. Minor and Consequential Amendments

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Modifications etc. (not altering text)

C28The text of Sch. 6 and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Vagrancy Act 1824 (c. 83)E+W

1In section 5 (committal of incorrigible rogues to quarter sessions) for the words from “to the house of correction” onwards there shall be substituted the words “to quarter sessions, either in custody or on bail”.E+W

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235E+W

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Amendments (Textual)

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F236E+W

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Amendments (Textual)

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F237E+W

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Amendments (Textual)

The Children and Young Persons Act 1933 (c. 12)E+W

5In section 55(4) (manner in which fine, etc., ordered to be paid by parent or guardian of young offender may be recovered) the words “by distress or imprisonment” shall be omitted.E+W

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F238E+W

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Amendments (Textual)

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F239E+W

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Amendments (Textual)

The Prison Act 1952 (c. 52)E+W

8In section 43(4)(a) (application of provisions of that Act) for the words from “subsections”, where it first occurs to “thirty” there shall be substituted the words “section twenty-eight”.E+W

9—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F240E+W

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Amendments (Textual)

The Magistrates’ Courts Act 1952 (c. 55)E+W

14In section 72A(2) (court of summary jurisdiction in Scotland to be specified in a transfer of fine order) for the words “twenty Pounds or more” there shall be substituted the words “more than fifty pounds or is a fine originally imposed by a court of assize or quarter sessions”.E+W

15In section 72A(3) (termination of functions of convicting court) for the words “convicting court” there shall be substituted the words “court which made the order”.E+W

16In section 72B (powers of magistrates’ court under transfer of fine order from Scotland) there shall be added the following subsection:—E+W

(3)Where a transfer of fine order under section 44 of the Summary Jurisdiction (Scotland) Act 1954 provides for the enforcement in a petty sessions area in England and Wales of a fine originally imposed by a court of assize or quarter sessions, a magistrates’ court acting for that area shall have all the like functions under this Part of this Act, exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of section 44(3) of the Criminal Justice Act 1967 and as if any order made under the said Act of 1954 in respect of the fine before the making of the transfer of fine order had been made by that court.

17—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F241E+W

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Amendments (Textual)

The Summary Jurisdiction (Scotland) Act 1954 (c. 48)E+W

[F24221Section 44 (transfer of fine orders within and from Scotland) shall be amended as follows, that is to say—E+W

(a)in subsection (2) for the words “fine was imposed” there shall be substituted the words “order is made”;

(b)in (3) for the words “ imposing the fine” there shall be substituted the words “ which made the order”; and

(c)at the end there shall be added the following subsection—

(5)Where a transfer of fine order under section 72A of the Magistrates’Courts Act 1952 or this section provides for the enforcement by a sheriff court in Scotland of a fine imposed by court of assize or quarter sessions, the proviso to the last foregoing subsection shall not apply, but the term imprisomnment which may be imposed under this Act shall be the term fixed in pursuance of section 47 of the Criminal Justice Act 1967 by that court of assize or quarter sessions or a term which bears the same proportion to the term so fixed as the amount of fine remaining due bears to the amount of the fine imposed by that court, notwithstanding that the term exceeds the period applicable to the case under section 49(1) of this Act.]

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Amendments (Textual)

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F243E+W

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Amendments (Textual)

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F244E+W

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Amendments (Textual)

The Criminal Justice Act 1961 (c. 39)E+W+S+N.I.

24For section 32(2) (enactments about supervision and recall of persons released from prison which are to apply throughout the United Kingdom, etc.), there shall be substituted the following subsection:—E+W+S+N.I.

(2)The following are the enactments extended by this section, that is to say :—

(a)section 45 of the Prison Act 1952 ;

(b)sections 19 and 33 of the Prisons (Scotland) Act 1952 ;

(c)section 55(4) of the Children and Young Persons Act (Northern Ireland) 1950 ;

(d)sections 20, 21, 22 and 23 of the Prison Act (Northern Ireland) 1953, and Schedules 1, 2 and 3 to that Act ;

(e)section 13 of and Schedule I to this Act ;

(f)sections 11, 12 and 14 of the Criminal Justice (Scotland) Act 1963 and Schedule 1 to that Act ; and

(g)sections 60 to 63 of the Criminal Justice Act 1967.

25In section 40 (Northern Ireland) at the end there shall be added the following subsection—E+W+S+N.I.

(2)Any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland as a reference to that enactment as amended by any Act that Parliament, whether passed before or after this Act,and to any enactment of that Parliament passed after this Act re-enacting the said enactment with or without modifications.

The Criminal Justice (Scotland) Act 1963 (c. 39)E+W+S

26In section 12(1) (supervision of persons released from young offenders institutions), after the word “more” there shall be inserted the words “but less than eighteen months”.E+W+S

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F245E+W+S

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Amendments (Textual)

The Forestry Act 1967 (c. 10)E+W

28In section 46(5)(c) (penalty for contravention of byelaws by the Forestry Commissioners) for the words “either case” there shall be substituted the words “the case of a continuing offence falling within either of the foregoing paragraphs”.E+W

SCHEDULE 7E+W+S+N.I. Enactments Repealed

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Modifications etc. (not altering text)

C29The text of Sch. 6 and Sch. 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W Repeals Applying to England and Wales

ChapterShort TitleExtent of Repeal
3 Geo. 4. c. 46.The Levy of Fines Act 1822.The whole Act.
4 Geo. 4. c. 37.The Levy of Fines Act 1823.The whole Act.
5 Geo.4. c. 83.The Vagrancy Act 1824.In section 10, the words from “the house” to “general or”, and the word “further”.
6 Geo. 4. c. 50.The Juries Act 1825.In section 53, the words from “and every such sheriff” onwards.
3 & 4 Will. 4. c. 99.The Fines Act 1833.Sections 34 to 40.
Section 47.
2 & 3 Vict. c. 47.The Metropolitan Police Act 1839.In section 58, the words from the beginning to “and also”.
2 & 3 Vict. c. xciv.The City of London Police Act 1839.In section 37, the words from “every person” where first occurring to “and also”.
10 & 11 Vict. c. 89.The Town Police Clauses Act 1847.In section 29, the words from the beginning to “and also”.
12 & 13 Vict. c. 45.The Quarter Sessions Act 1849.Section 17.
16 & 17 Vict. c. 30.The Criminal Procedure Act 1853.In section 2, the words from “and if such recognizance” onwards.
22 & 23 Vict. c. 21.The Queen’s Remembrancer Act 1859.Sections 30 to 39.
35 & 36 Vict. c. 94.The Licensing Act 1872.In section 12, the words from “who in any highway” to “behaviour or”.
45 & 46 Vict. c. 50.The Municipal Corporations Act 1882.Section 222.
50 & 51 Vict. c. 71.The Coroners Act 1887.Section 19(4).
7 Edw. 7. c. 23.The Criminal Appeal Act 1907.In section 4(2), the words “and direct a judgment and verdict of acquittal to be entered”; and section 4(3);
Section 8.
In section 9, paragraphs (d) and (e) and the words from “and exercise” to the end of the section.
Section 10.
In section 11(1), the words “rules of court provide that he shall have the right to be present, or where”.
Section 12.
In section 15, in subsection (1), the words “relating to the proceedings in the court before which the appellant or applicant was tried” ; and subsection (5).
In section 17, the words “to assign legal aid to an appellant.”.
Section 18.
4 & 5 Geo. 5. c. 58.The Criminal Justice Administration Act 1914.Section 27.
15 & 16 Geo. 5. c. 49.The Supreme Court of Judicature (Consolidation) Act 1925.Section 29.
20 & 21 Geo. 5. c. 32.The Poor Prisoners’ Defence Act 1930.The whole Act.
20 & 21 Geo. 5. c. 45.The Criminal Appeal (Northern Ireland) Act 1930.In section 7(1), the word “convicted”.
23 & 24 Geo. 5. c. 12.The Children and Young Persons Act 1933.Section 53(4).
23 & 24 Geo. 5. c. 38.The Summary Jurisdiction (Appeals) Act 1933.Section 2.
Section 6.
1 Edw. 8 & 1 Geo. 6. c. 12.The Firearms Act 1937.In section 12(3), paragraph (c) and the words “in each case”.
11 & 12 Geo. 6. c. 58.The Criminal Justice Act 1948.Section 5(2) and (3).
In section 8, in subsection (4) the words “and dealt with” and in subsection (5) the words “and dealt with in respect”.
In section 9 (as substituted by the Criminal Justice (Scotland) Act 1949), subsection (3) and in subsection (4) the words “to (3)”.
Section 14(2) from “and (subject” onwards.
Section 15
Section 20(5)(d).
Section 21.
Section 23.
Section 29(3)(d) and (5).
In section 37, in subsection (1) paragraphs (a) and (c) and in paragraph (b) the words “the High Court or” and in subsection (6) the word “(c)”.
Section 38(3) and (4).
In Schedule 5, paragraph 4(2) and the proviso to paragraph 5(1).
12, 13 & 14 Geo. 6. c. 51.The Legal Aid and Advice Act 1949.Part II.
12, 13 & 14 Geo. 6. c. 94.The Criminal Justice (Scotland) Act 1949.Section 7(3).
In Schedule 11, the amendment of section 23 of the Criminal Justice Act 1948.
14 & 15 Geo. 6. c. 46.The Courts-Martial (Appeals) Act 1951.Section 10.
Section 21(c).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 48.The Costs in Criminal Cases Act 1952.Section 16(1) and (3).
Section 17(6).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 52.The Prison Act 1952.In section 5(2)(c), the words from “with particulars” to the end of the section.
Section 15.
Section 18.
Section 25(2) to (6).
Section 26.
Section 27.
In section 43, in subsection (3)(b), the words “subsection (1) of section eighteen”, and in subsection (4)(b) the words “remand centres or”.
In section 47(4), paragraphs (a), (b) and (c) and in paragraph (d) the word “other”.
In section 49, the words “corrective training, preventive detention” in both places where they occur.
In section 52(2) the words from “and a draft” to “Act”, in the second place where it occurs.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.The Magistrates’ Courts Act 1952.Section 4(2).
In section 15(2), proviso (a).
Section 69.
Section 70(1).
Section 113(2).
In section 114 subsection (1)(c) to (e) and subsection (2).
In Schedule 4, the following headings and all entries therein, that is to say, “Committal for trial”, “Summary trial”, “Conviction”, “Examination”, “Extradition Act 1873 (36 & 37 Vict. c. 60) s. 5”, “Information” and “Recognizance”; in the heading “Attendance” the words “or to take an examination elsewhere than in court”; in the heading “Copy” the first two entries and the word “other” in the third entry; in the heading “Order” the entry beginning “Order in case”; in the heading “Summons” the words from “to include” to “time”; in the heading “Warrant”, in the entry beginning “To commit”, the words “conviction or” in both places where they occur; and in the Note the words “for re-swearing any person to any examination, or”.
3 & 4 Eliz. 2. c. 18.The Army Act 1955.Section 99(2)
3 & 4 Eliz. 2. c. 19.The Air Force Act 1955.Section 99(2)
4 & 5 Eliz. 2. c. 34.The Criminal Justice Administration Act 1956.In section 19(1), the words “rules of court under the Criminal Appeal Act 1907 and”; and section 19(2), except as it applies to rules under the Indictment Act 1915.
4 & 5 Eliz. 2. c. 44.The Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956.In section 1(2)(b) the words from the beginning to “aid) and”.
5 & 6 Eliz. 2. c. 29.The Magistrates’ Courts Act 1957.In proviso (iii) to section 1(2), the words from “and shall not” onwards.
6 & 7 Eliz. 2. c. 48.The Metropolitan Police Act 1839 (Amendment) Act 1958.The whole Act.
7 & 8 Eliz. 2. c. 72.The Mental Health Act 1959.In section 67(3), the words from “and the Poor” onwards.
Section 69.
8 & 9 Eliz. 2. c. 65.The Administration of Justice Act 1960.Section 5(2).
Section 6(2).
Section 8(1) and (2).
In section 9, subsection (1) subsection (4)(c).
In Schedule 1, paragraph 3(2).
9 & 10 Eliz. 2. c. 39.The Criminal Justice Act 1961.Section 20.
Schedule 3.
10 & 11 Eliz. 2. c. 15.The Criminal Justice Administration Act 1962.Section 17(2).
In Schedule 3, paragraph 3.
1963 c. 37.The Children and Young Persons Act 1963.In Schedule 1, paragraph 13.
1964 c. 42.The Administration of Justice Act 1964.Section 20.
1964 c. 43.The Criminal Appeal Act 1964.In section 2(4), the words from “Section 1” to “Court of Criminal Appeal; and”.
In paragraph 6 of Schedule 1, the words “or any enactment of the Parliament of Northern Ireland amending or replacing the said Part III”.
1964 c. 84.The Criminal Procedure (Insanity) Act 1964.In section 2, in subsection (4)(a), the words “8” and “18(1)”.
In section 3, the proviso to subsection (1); and in subsection (2) the words from “In relation to” to the end of the subsection.
1965 c. 44.The Firearms Act 1965.In section 9(2), the words from “and (b)” onwards.
1965 c. 71.The Murder (Abolition of Death Penalty) Act 1965.Section 2.
1966 c. 31.The Criminal Appeal Act 1966.In section 7(1), the words “at assizes or quarter sessions”.
1967 c. 58.The Criminal Law Act 1967.In Schedule 1, in Division II of List A, paragraph 5(c)(ii) and (iii).

Part IIE+W+S Repeals Extending to Scotland

ChapterShort TitleExtent of Repeal
4 & 5 Geo. 5. c. 58.The Criminal Justice Administration Act 1914.Section 27.
11 & 12 Geo. 6. c. 58.The Criminal Justice Act 1948.In section 9 (as substituted by the Criminal Justice (Scotland) Act 1949), subsection (3) and in subsection (4) the words “to (3)”.
12, 13 & 14 Geo. 6. c. 94.The Criminal Justice (Scotland) Act 1949.Section 7(3).
In Schedule 11, the amendment of section 23 of the Criminal Justice Act 1948.
14 & 15 Geo. 6. c. 46.The Courts-Martial (Appeals) Act 1951.Section 21(c).
15 & 16 Geo. 6. and 1 Eliz. 2.The Prisons (Scotland) Act 1952.Section 20(2) to (6).
Section 21.
8 & 9 Eliz. 2. c. 65.The Administration of Justice Act 1960.In Schedule 1, paragraph 3(2).
1963 c. 39.The Criminal Justice (Scotland) Act 1963.In Schedule 5, the amendment of section 32(2) of the Criminal Justice Act 1961.
In Schedule 6, the reference to section 20(2) to (6) of the Prisons (Scotland) Act 1952.
1965 c. 44.The Firearms Act 1965.In section 9(2), the words from “and (b)” onwards.
1965 c. 71.The Murder (Abolition of Death Penalty) Act 1965.Section 2.

Part IIIE+W+N.I. Repeals Extending to Northern Ireland

ChapterShort TitleExtent of Repeal
4 & 5 Geo. 5. c. 58.The Criminal Justice Administration Act 1914.Section 27.
14 & 15 Geo. 6. c. 46.The Courts-Martial (Appeals) Act 1951.Section 10.
Section 21(c).
Section 5(2).
Section 6(2).
In Schedule 1, paragraph 3(2).
In Part I of Schedule 2, the modification of section 6.
1964 c. 43.The Criminal Appeal Act 1964.In paragraph 6 of Schedule 1, the words “or any enactment of the Parliament of Northern Ireland amending or replacing the said Part III”.
1966 c. 31.The Criminal Appeal Act 1966.In section 7(1), the words “at assizes or quarter sessions”.
1966 c. 20. (N.I.).The Criminal Justice Act (Northern Ireland) 1966.In section 16(3) the words from “In relation to” onwards.

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