Criminal Justice Act 1967

Part I U.K. Criminal Procedure, etc.

Committal proceedings E+W

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

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

Textual Amendments

F1 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

7 Signature of depositions. E+W

An examining justice who signs a certificate authenticating one or more depositions or statements tendered under [F2 section 102 of the Magistrates’ Courts Act 1980] shall be treated for the purposes of section 13(3)(c) of the M1 Criminal Justice Act 1925 (requirement that depositions read at the trial must have been signed by an examining justice) as signing that deposition or statement or each of those depositions and statements.

Textual Amendments

F2 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 63

Marginal Citations

M1 1925 c. 86.

Miscellaneous provisions as to evidence, procedure and trial U.K.

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. U.K.

(1) In any criminal proceedings, other than committal proceedings, 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.

[F3 (3A) In the case of a statement which indicates in pursuance of subsection (3)(a) of this section that the person making it has not attained the age of fourteen, subsection (2)(b) of this section shall have effect as if the words from “made” onwards there were substituted the words “understands the importance of telling the truth in it”.]

(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 [F4 by 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 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 addressed to the secretary or clerk of that body at that office.

Textual Amendments

F3 S. 9(3A) inserted (prosp.) by Children and Young Persons Act 1969 (c. 54), s. 73(2), Sch. 5 para. 55

F4 Words substituted for s. 9(5)(a)(b) by Courts Act 1971 (c. 23), Sch. 8 para. 49

Modifications etc. (not altering text)

C1 S. 9 excluded by Medicines Act 1968 (c. 67), Sch. 3 para. 26; extended with modifications by Army Act 1955 (c. 18), s. 99A and Air Force Act 1955 (c. 19), s. 99A

C2 S. 9 extended with modifications by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 5(3)

C3 S. 9 excluded by S.I. 1985/273, reg. 3, Sch. 2 Pt. VI, para. 12

C4 S. 9 modified by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), ss. 79(4), 99(2)(3)(4)

10 Proof by formal admission. U.K.

(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;

(e) if made at any stage before the trial by a defendant who is an individual, must be approved by his counsel or solicitor (whether at the time it was made or subsequently) before or at the proceedings in question.

(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.

Modifications etc. (not altering text)

C5 S. 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

11 Notice of alibi. U.K.

(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 [F5 section 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 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 [F6 or, where a notice of transfer has been given under section 4 of the Criminal Justice Act 1987, of the giving of that notice].

(9) In computing the said period a Sunday, Christmas Day, Good Friday, a day which is a bank holiday under the M2 Bank Holidays Act 1871 in England and Wales or a day appointed for public thanksgiving or mourning shall be disregarded.

Textual Amendments

F5 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 64

F6 Words added by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 2

Marginal Citations

M2 1871 c. 17.

12 Application of sections 9 to 11 to courts-martial. U.K.

Without prejudice to section 99(1) of the M3 Army Act 1955 or of the M4 Air Force Act 1955 (application to proceedings before courts-martial of civil rules as to the admissibility of evidence) and to any power to make rules or orders for the procedure of, and otherwise for the trial of offences by, courts-martial,—

[F7 (a) sections 10 and 11 above shall apply to proceedings before courts-martial under the Army Act 1955 and the Air Force Act 1955, and

(b) sections 9 to 11 above shall apply to proceedings before courts-martial under the M5 Naval Discipline Act 1957,]

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-martial.

Textual Amendments

F7 S. 12(a)(b) substituted by Armed Forces Act 1976 (c. 52), s. 11, Sch. 5 para. 3(b)

Modifications etc. (not altering text)

C6 S. 12 modified (4.7.1996 but 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(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 conferred (4.7.1996) by 1996 c. 25, s. 78(6)(b) (with s. 78(1))

Marginal Citations

M3 1955 c. 18.

M4 1955 c. 19.

M5 1957 c. 53.

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W

Textual Amendments

F8 S. 13 repealed by Juries Act 1974 (c. 23), Sch. 3

14—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W

Textual Amendments

F9 Ss. 14–16 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W

Textual Amendments

F10 Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(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.

Textual Amendments

F11 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

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 [F12 Crown Court] under section 5 of the M6 Vagrancy Act 1824 (incorrigible rogues). . . F13 , the court may instead of committing him in custody commit him on bail.

Textual Amendments

F12 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 48(b)

F13 Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

Marginal Citations

M6 1824 c. 83.

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

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

[F15 (1) Where [F16 a magistrates’ court] withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, the High Court may 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 [F16 magistrates’ court] could have directed and the recognizance of any surety shall be conditioned accordingly.]

(3) Subsections. . . F17 (4) and (6) of section 37 of the M7 Criminal Justice Act 1948 (ancillary provisions as to persons [F18 granted] 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 [F18 granted] bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons [F18 granted] bail in pursuance of those powers, except that the said subsection (6) shall not apply in relation to a person [F18 granted] bail pending an appeal from a magistrates’ court to [F19 the Crown Court].

(4) In this section. . . F20 [F21 . . . F22 “bail in criminal proceedings” and “vary” shall have the same meanings as they have in the M8 Bail 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 M9 Criminal 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.

Textual Amendments

F15 S. 22(1)(2) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(2)

F16 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F17 Reference to Criminal Justice Act 1948 (c. 58), s. 37(3), repealed by Bail Act 1976 (c. 63), Sch. 3

F18 Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(3)

F19 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 48(b)

F20 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13

F21 Word repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13

F22 Words added by Bail Act 1976 (c. 63), Sch. 2 para. 37(4)

Marginal Citations

M7 1948 c. 58.

M8 1976 c. 63.

M9 1948 c. 58.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W

Textual Amendments

F24 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

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 M10 Obscene 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.

Marginal Citations

M10 1959 c. 66.

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W

Textual Amendments

F25 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W

Textual Amendments

F26 S. 27 repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

28—30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27 E+W

Textual Amendments

F27 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

31

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(3)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Textual Amendments

F28 S. 31(1)(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F29 Ss. 31(3)–(6), 32(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. III

32 Amendments of Costs in Criminal Cases Act 1952. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(2) [F31 . . . F32 section 33 of the M11 Courts 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). . . F33 shall 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 [F34 it applies] in relation to a person called to give evidence at the instance of the court,. . . F33 .

(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 [F35 section 3 of the M12 Powers of Criminal Courts Act 1973] (probation orders requiring treatment for mental condition) or section 60 of the M13 Mental 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 [F36 section 30 of the Magistrates’ Courts Act 1980](remand of a defendant for medical examination and requirement of such an examination on committing a defendant for trial on bail).

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F30 Ss. 31(3)–(6), 32(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. III

F31 Words substituted by Courts Act 1971 (c. 23), Sch. 6 para. 9

F32 Words repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F33 Words repealed (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5)(6), Sch. 1 Pt. II para. 6(a), Sch. 2

F34 Words substituted (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 6(b)

F35 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 17

F36 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 65

F37 S. 32(4) repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F38 S. 32(5) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

Marginal Citations

M11 1968 c. 20.

M12 1973 c. 62.

M13 1959 c. 72.

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 in section 39 of the M14 Criminal 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.

Textual Amendments

F39 Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

Marginal Citations

M14 1948 c. 58.

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 M15 Extradition Act 1870 (committal of a person alleged to have committed an extradition crime) or section 5(1)(a) of the M16 Backing 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.

Marginal Citations

M15 1870 c. 52.

M16 1965 c. 45.

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40 E+W

Textual Amendments

F40 S. 35 repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

36 Interpretation of Part I. E+W

(1) In this Part of this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

• “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 [F42 the Magistrates’ Courts Act 1980] have the same meanings in any such provision as they have in that Act.

Textual Amendments

F41 Definitions repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F42 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 66

Part II U.K. Powers of Courts to Deal with Offenders

37—42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43 E+W

Textual Amendments

F43 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 E+W

Textual Amendments

F44 S. 43 repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

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

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45 E+W

Textual Amendments

F45 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W

Textual Amendments

F46 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47 E+W

Textual Amendments

F47 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48 E+W

Textual Amendments

F48 S. 46 repealed by Administration of Justice Act 1970 (c. 31), Sch. 11

47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49 E+W

Textual Amendments

F49 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

48

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Textual Amendments

F50 Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F51 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52 E+W

Textual Amendments

F52 S. 49 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

F54 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F53 E+W

Textual Amendments

F53 Words repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F54 Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55 E+W

Textual Amendments

F55 Ss. 51, 56(8)–(12) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

52, 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 E+W

Textual Amendments

F56 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

54

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

Textual Amendments

F57 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F58 Ss. 54(4), 56(7), 95(4)(5) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F59 Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 E+W

Textual Amendments

F60 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Miscellaneous E+W

56 Committal for sentence for offences tried summarily. E+W

[F61 (1) Where a magistrates’ court (“the committing court”) commits a person in custody or on bail to the Crown Court under any enactment to which this section applies to be sentenced or otherwise dealt with in respect of an offence (“the relevant offence”), the committing court—

(a) if the relevant offence is an [F62 indictable offence], may also commit him, in custody or on bail as the case may require, to the Crown Court to be dealt with in respect of any other offence whatsoever in respect of which the committing court has power to deal with him (being an offence of which he has been convicted by that or any other court); or

(b) if the relevant offence is a summary offence, may commit him, as aforesaid, to the Crown Court to be dealt with in respect of—

(i) any other offence of which the committing court has convicted him, being either an offence punishable with imprisonment or an offence in respect of which the committing court has a power or duty to order him to be disqualified under [F63 section 93 of the Road Traffic Act 1972, section 19 of the Transport Act 1981 or sections 34 to 36 of the Road Traffic Offenders Act 1988] (disqualification for certain motoring offences); or

(ii) any suspended sentence in respect of which the committing court has under section 24(1) of the M17 Powers of Criminal Courts Act 1973 power to deal with him.]

(2) The enactments to which this section applies are the M18 Vagrancy Act 1824 (incorrigible rogues), [F64 [F65 sections 37 and 38 of the Magistrates’ Courts Act 1980] (committal for sentence), section 62(6) of this Act [F66 , section 8(6) of the Powers of Criminal Courts Act 1973 (probationer convicted of subsequent offence) and section 24(2) of that Act and paragraph 2(2)(a) of Schedule 9 to the Criminal Law Act 1977 (committal to be dealt with in respect of a wholly or partly suspended sentence)]].

(3) The power of a magistrates’ court under section 8(4) of the M19 Criminal Justice Act 1948 to commit to a [F67 Crown Court] a person subject to a probation order or an order for conditional discharge who has been convicted of an offence by the magistrates’ court shall be exercisable notwithstanding that the magistrates’ court has not dealt with him in respect of that offence; and accordingly in that subsection and subsection (5) of that section the words “and dealt with” shall cease to have effect.

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

(5) Where under subsection (1) of this section a magistrates’ court commits a person to be dealt with by a [F67 Crown Court] in respect of an offence, the latter court may after inquiring into the circumstances of the case deal with him in any way in which the magistrates’ court might have dealt with him, and, without prejudice to the foregoing provision, where under that subsection or any enactment to which this section applies a magistrates’ court so commits a person, any duty or power which, apart from this subsection, would fall to be discharged or exercised by the magistrates’ court shall not be discharged or exercised by that court but shall instead be discharged or may instead be exercised by the [F67 Crown Court].

(6) Any duty imposed or power conferred by virtue of the last foregoing subsection on a [F67 Crown Court], in a case where an offender has been committed to the court under [F69 section 37 of the Magistrates’ Courts Act 1980], shall be discharged or may be exercised by the court notwithstanding that it sentences him to borstal training and in that or any other case shall be discharged or may be exercised notwithstanding anything in any other enactment and, in particular, in [F70 sections 34 to 36 and 44 of the Road Traffic Offenders Act 1988].

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(8)—(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(13) In this section—

• “disqualified” means disqualified for holding or obtaining a licence under Part II of the M20 Road Traffic Act 1960 [F73 Part III of the Road Traffic Act 1972, section 19 of the Transport Act 1981 or Part III of the Road Traffic Act 1988].

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

Textual Amendments

F61 S. 56(1) substituted by Criminal Law Act 1977 (c. 45), ss. 46, 65(7)

F62 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 42(1)(2), Sch 8 para. 16

F63 Words substituted by virtue of Transport Act 1981 (c.56, SIF 107:1), s. 30, Sch. 9 Pt. II para. 25 and Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 3(a)

F64 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), s. 56(1), Sch. 5 para. 20(b)

F65 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 67(a)

F66 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 42(1)(3), Sch. 8 para. 16

F67 Words substituted by Courts Act 1971 (c. 23),Sch. 8 para.48

F68 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F69 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 paras. 6, 7(b)

F70 Words substituted by virtue of Transport Act 1981 (c.56, SIF 107:1), s. 30, Sch. 9 Pt. II para. 25 and Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 3(b)

F71 Ss. 54(4), 56(7), 95(4)(5) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F72 Ss. 51, 56(8)–(12) repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

F73 Words substituted by virtue of Transport Act 1981 (c.56, SIF 107:1), s. 30, Sch. 9 Pt. II para. 25 and Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 3(c)

F74 Definitions repealed by Road Traffic Act 1972 (c. 20), Sch. 9 Pt. I

Modifications etc. (not altering text)

C7 S. 56(5) excluded by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 25(4)

Marginal Citations

M17 1973 c. 62.

M18 1824 c. 83.

M19 1948 c. 58.

M20 1960 c. 16.

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75 E+W

Textual Amendments

F75 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76 E+W

Textual Amendments

F76 S. 58 repealed by Immigration Act 1971 (c. 77), Sch. 6

Part III U.K. Treatment of Offenders

Release of prisoners on licence and supervision of prisoners after release E+W+S

[F77 59 Constitution and functions of Parole Board and local review committees. E+W+S

(1) For the purpose of exercising the functions conferred on it by this Part of this Act as respects England and Wales there shall be a body to be known as the Parole Board and for the purpose of exercising those functions as respects Scotland there shall be a body to be known as the Parole Board for Scotland, each body consisting of a chairman and not less than four other members appointed by the Secretary of State.

(2) Any reference in the following provisions of this Part of this Act (including Schedule 2 thereto) to the Parole Board shall be construed as a reference to the Parole Board or the Parole Board for Scotland, as the case may require.

(3) It shall be the duty of the Board to advise the Secretary of State with respect to—

(a) the release on licence under section 60(1) or 61, and the recall under section 62, of this Act of persons whose cases have been referred to the Board by the Secretary of State;

(b) the conditions of such licences and the variation or cancellation of such conditions; and

(c) any other matter so referred which is connected with the release on licence or recall of persons to whom the said section 60 or 61 applies.

(4) The following provisions shall have effect with respect to the proceedings of the Board on any case referred to it, that is to say—

(a) the Board shall deal with the case on consideration of any documents given to it by the Secretary of State and of any reports it has called for and any information whether oral or in writing that it has obtained; and

(b) if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may request one of its members to interview him and shall take into account the report of that interview by that member;

and, without prejudice to the foregoing, the Secretary of State may by rules make provision with respect to the proceedings of the Board on cases referred to it, including provision authorising such cases to be dealt with by a prescribed number of members of the Board.

(5) The documents to be given by the Secretary of State to the Board under the last foregoing subsection shall include—

(a) where the case referred to the Board is one of release under section 60 or 61 of this Act, any written representations made by the person to whom the case relates in connection with or since his last interview in accordance with rules under the next following subsection;

(b) where the case so referred relates to a person recalled under section 62 of this Act, any written representations made under that section.

(6) The Secretary of State may by rules make provision—

(a) for the establishment and constitution of local review committees having the duty of reviewing at such times or in such circumstances as may be prescribed by or determined under the rules the cases of persons who are or will become eligible for release under section 60 or 61 of this Act and reporting to the Secretary of State on their suitability for release on licence; and

(b) for the interview of such persons by a member of any such committee (not being a prison officer);

and rules under this subsection may make different provision for different cases.

(7) The supplementary provisions contained in Schedule 2 to this Act shall have effect with respect to the Parole Board and local review committees.]

Textual Amendments

F77 Ss. 59, 60 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

[F78 60 Release on licence of persons serving determinate sentences. E+W+S

(1) The Secretary of State may, if recommended to do so by the Parole Board, release on licence a person serving a sentence of imprisonment, other than imprisonment for life [F79 or serving a sentence of youth custody], after he has served not less than one-third of his sentence or [F80 the specified period] whichever expires the later.

[F81 (1A) In subsection (1) of this section “the specified period” means twelve months or such period, not more than twelve months, as the Secretary of State may by order provide.

(1B) An order under subsection (1A) of this section may make such incidental or supplementary provision (including provision amending enactments) as the Secretary of State considers appropriate.]

[F82 (1C) Where a sentence of imprisonment for an offence has been passed on a person with an order under subsection (1) of section 47 of the Criminal Law Act 1977 (sentences partly suspended)—

(a) if the offender has not been released from prison since the sentence for the offence was passed, the only portion of that sentence that is to be taken into account for the purposes of subsection (1) of this section is any portion of it that he is required to serve in prison under subsection (1) or (3) of the said section 47; and

(b) if he is released from prison but part of his sentence for the offence is subsequently restored under subsection (3) of that section, he shall be treated for the purpose of subsection (1) of this section as if his only sentence for the offence were the part of his sentence so restored.]

(2) A person whose sentence falls to be reduced under section 67 of this Act shall, for the purpose of determining under the foregoing subsection whether he has served one-third of his sentence, be treated as if any period spent in custody. . . F83 and taken into account under that section were included in his sentence and as if he had served that period as part of that sentence.

(3) Without prejudice to his earlier release under subsection (1) of this section the Secretary of State may direct that—

(a) a person serving a sentence of imprisonment in respect of whom an extended sentence certificate was issued when the sentence was passed;. . . F84

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

shall, instead of being granted remission of any part of his sentence under the prison rules, be released on licence at any time on or after the day on which he could have been discharged from prison if the remission had been granted.

. . . F85

(4) A person subject to a licence under this section shall comply with such conditions, if any, as may for the time being be specified in the licence.

(5) The Secretary of State shall consult the Board before including on release, or subsequently inserting, a condition in a licence under this section or varying or cancelling any such condition; and for the purposes of this subsection the Secretary of State shall be treated as having consulted the Board about a proposal to include, insert, vary or cancel a condition in any case if he has consulted the Board about the implementation of proposals of that description generally or in that class of case.

[F86 (5A) A licence granted to any person under this section in England and Wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a) in the case of a licence granted to a person in respect of whom an extended sentence certificate was issued when sentence was passed on him, the date of the expiration of the sentence;

(b),(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(d) in a case not within [F88 paragraph (a) above], the remission date.

In this subsection “the remission date”, in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.]

(6) A licence granted to any person under this section [F89 in Scotland] shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a) in the case of a licence granted. . . F90 to a person who was under the age of twenty-one when sentence was passed on him, the date of the expiration of the sentence;

(b) in any other case, the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.

(7) Section 20 of and Schedule 3 to the M21 Criminal Justice Act 1961 (supervision of discharged prisoners) shall cease to have effect.

(8) In the application of this section to Scotland—

(a) the expression “prison rules” means rules under section 35 of the M22 Prisons (Scotland) Act 1952;

(b) the expression “imprisonment” includes detention in a young offenders institution as defined in section 31(1)(d) of the Prisons (Scotland) Act 1952;

(c) subsection (3)(a) shall be omitted;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91 ]

Textual Amendments

F78 Ss. 59, 60 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F79 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(a)

F80 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(a)(i)

F81 S. 60(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(a)(ii)

F82 S. 60(1C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(b)

F83 Words repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

F84 Word “or” and paragraph (b) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F85 Proviso added by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977, repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F86 S. 60(5A) inserted by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977

F87 S. 60(5A)(b) and (c) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

F88 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 18(c)

F89 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12 except in relation to a licence granted before 1.12.1977

F90 Words repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 except in relation to a licence granted before 1.12.1977

F91 S. 60(8)(d) repealed by Criminal Law Act 1977 (c. 45), Schs. 12, 13 except in relation to a licence granted before 1.12.1977

Modifications etc. (not altering text)

C8 S. 60 modified (E.W.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 32(5)

C9 S. 60 modified by Repatriation of Prisoners Act 1984 (c. 47, SIF 39:1), s. 3, Sch. para. 2(1)

C10 S. 60(1) amended by Criminal Justice Act 1972 (c. 71), ss. 35(1), 66(7)(a)

Marginal Citations

M21 1961 c. 39.

M22 1952 c. 61.

[F92 61 Release on licence of persons sentenced to imprisonment for life, etc. E+W+S

(1) The Secretary of State may, if recommended to do so by the Parole Board, release on licence a person serving a sentence of imprisonment for life [F93 or custody for life] or a person detained under section 53 of the M23 Children and Young Persons Act 1933 (young offenders convicted of grave crimes), but shall not do so in the case of a person sentenced to imprisonment for life [F93 or custody for life] or to detention during Her Majesty’s pleasure or for life except after consultation with the Lord Chief Justice of England together with the trial judge if available.

(2) Subsections (4) and (5) of the last foregoing section shall apply in relation to a licence under this section as they apply in relation to a licence under that section.

(3) A licence granted under this section to any person sentenced under section 53(2) of the Children and Young Persons Act 1933 to be detained otherwise than for life shall, unless previously revoked under the next following section, remain in force until a date specified in the licence, being the date of the expiration of the sentence.

(4) In the application of this section to Scotland—

(a) for the references to section 53 and 53(2) of the Children and Young Persons Act 1933 there shall be substituted respectively references to [F94 section 206 and 206(2) of the M24 Criminal Procedure (Scotland) Act 1975];

(b) in subsection (1), for the words “Lord Chief Justice of England” there shall be substituted the words “Lord Justice General”.]

Textual Amendments

F92 S. 61 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F93 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 19

F94 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 40

Modifications etc. (not altering text)

C11 S. 61(1) modified by Repatriation of Prisoners Act 1984 (c. 47, SIF 39:1), s. 3, Sch. para. 3

Marginal Citations

M23 1933 c. 12.

M24 1975 c. 21.

[F95 62 Revocation of licences and conviction of prisoners on licence. E+W+S

(1) Where the Parole Board recommends the recall of any person who is subject to a licence under section 60 or 61 of this Act, the Secretary of State may revoke that person’s licence and recall him to prison.

(2) The Secretary of State may revoke the licence of any such person and recall him as aforesaid without consulting the Board, where it appears to him that it is expedient in the public interest to recall that person before such consultation is practicable.

(3) A person recalled to prison under the foregoing provisions of this section may make representations in writing with respect to his recall and shall on his return to prison be informed of the reasons for his recall and of his right to make such representations.

(4) The Secretary of State shall refer to the Board the case of a person recalled under subsection (1) of this section who makes representations under the last foregoing subsection and shall in any event so refer the case of a person returned to prison after being recalled under subsection (2) of this section.

(5) Where the Board recommends the immediate release on licence of a person whose case is referred to it under this section, the Secretary of State shall give effect to the recommendation, and where it is necessary for that purpose to release that person under subsection (1) of the last foregoing section, the Secretary of State shall do so without the consultation required by that subsection.

(6) If a person subject to a licence under section 60 or 61 of this Act is convicted by a magistrates’ court of an offence punishable on indictment with imprisonment, the court may commit him in custody or on bail to [F96 Crown Court] for sentence in accordance with [F97 section 42 of the M25 Powers of Criminal Courts Act 1973] (power of [F96 Crown Court] to sentence persons convicted by magistrates’ courts of indictable offences).

(7) If a person subject to any such licence is convicted on indictment of such an offence as aforesaid or is committed to [F96 Crown Court] for sentence as aforesaid or under [F98 section 38 of the Magistrates’ Courts Act 1980] (committal of persons convicted of indictable offences for sentence), [F99 then, except in a case to which subsection (7A) of this section applies,] the court by which he is convicted or to which he is committed, as the case may be, may, whether or not it passes any other sentence on him, revoke the licence.

[F100 (7A) Any such licence shall be treated as revoked where—

(a) the offender—

(i) was sentenced to imprisonment with an order under subsection (1) of section 47 of the Criminal Law Act 1977 (sentences partly suspended); and

(ii) was released on licence before the expiration of any part of his sentence which he was required to serve in prison under subsection (1) of that section; and

(b) by virtue of subsection (3) of that section a court restores any part of the sentence held in suspense,

and subsection (9) of this section shall apply to the offender accordingly.]

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

(9) On the revocation of the licence of any person under this section [F102 or section 213(1) or 422(1) of the M26 Criminal Procedure (Scotland) Act 1975], he shall be liable to be detained in pursuance of his sentence, and, if at large, shall be deemed to be unlawfully at large.

(10) If in the case of a person subject to a licence under section 60 of this Act a [F96 Crown Court] or the High Court of Justiciary or a sheriff revokes that licence under this section [F102 or section 213(1) or 422(1) of the M27 Criminal Procedure (Scotland) Act 1975], the Secretary of State shall not thereafter release him under subsection (1) of that section before the expiration of [F103 the specified period] from the date of revocation or before the expiration of one-third of the period during which the licence would have remained in force, whichever is the later; but the foregoing provision shall not affect any power to release him otherwise than under that subsection.

[F104 (10A) In subsection (10) above “the specified period” has the same meaning as in section 60(1) above.]

(11) This section shall have effect, in its application to a person sentenced [F105 to youth custody or] to be detained under section 53 of the M28 Children and Young Persons Act 1933 [F106 young offenders convicted of grave crimes) or section [F107 205(2)] of the M29 said Act of 1975 (Punishment of person under 18)], as if for any reference to a prison there were substituted a reference to any place in which [F108 that person was detained immediately before he was released on licence].]

Textual Amendments

F95 S. 62 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F96 Words substituuted by Courts Act 1971 (c. 23),Sch. 8 para.48

F97 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), s. 56(1), Sch. 5 para. 21

F98 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 68

F99 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(a)

F100 S. 62(7A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(b)

F101 Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F102 Words inserted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 41

F103 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 18(a)

F104 S. 62(10A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 15 para. 18(b)

F105 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(c)(i)

F106 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 41

F107 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 19(a)

F108 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 20(c)

Marginal Citations

M25 1973 c. 62.

M26 1975 c. 21.

M27 1975 c. 21.

M28 1933 c. 12.

M29 1975 c. 21.

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109 E+W

Textual Amendments

F109 S. 63 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

[F110 64 Supplemental. E+W+S

(1) For the purposes of the foregoing provisions of this Part of this Act or any notice thereunder the age of any person at the time when sentence was passed on him shall be deemed to have been that which appears to the Secretary of State to have been his age at that time.

(2) The following powers, that is to say—

(a) the power conferred on the Secretary of State by section 60 [F111 or 61 of this Act to insert or include conditions in the licence of any person released under those sections.] of this Act to insert or include conditions in the licence of any person released under that section after being transferred to either part of Great Britain from another part of the United Kingdom, the Channel Islands or the Isle of Man;

(b) the power conferred on the Secretary of State by section 62 of this Act to revoke the licence of any such person and recall him to prison;

[F112 (c) the power conferred on a court by the said section 62 to revoke any such licence;]

shall be exercisable notwithstanding anything in section 26(6) of the M30 Criminal Justice Act 1961 (exclusion of supervision of persons so transferred).]

Textual Amendments

F110 S. 64 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F111 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 21

F112 S. 64(2)(c) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Marginal Citations

M30 1961 c. 39.

Miscellaneous U.K.

65 Abolition of corporal punishment in prison. E+W

Corporal punishment shall not be inflicted in any prison or other institution to which the M31 Prison Act 1952 applies, and accordingly section 18 of that Act shall cease to have effect.

Marginal Citations

M31 1952 c. 52.

66

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

(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”.

Textual Amendments

F113 S. 66(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

Modifications etc. (not altering text)

C12 The 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.

C13 The 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.

67 Computation 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 [F114 relevant period, but where he][F115 (a)] was previously subject to a probation order, [F116 a 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

[F118 (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.][F119 or—

(c) any period during which, in connection with the offence for which the sentence was passed, he was [F120 in the care of a local authority][F120 remanded to local authority accommodation] by virtue of an order under section 23 of the Children and Young Persons Act 1969 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 [F121 section 23 of the Powers of Criminal Courts Act 1973] and as being imposed by the order under which it takes effect.

[F122 (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.

[F123 (5) This section applies—

(a) to orders madeunder section 4 of the Criminal Justice Act 1982 (detention centre orders): and

(b) to sentences passed by virtue of section 6 of the Criminal Justice Act 1982 (youth custody sentences),

as it applies to sentences of imprisonment.

(6) The reference in subsection [F124 (1A)] above to an offender being committed to custody by an order of a court includes a reference to his being committed to a remand centre or to prison under section 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 committed to the care of a local authority under the said section 23.]

[F125 (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 [F126 section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989].

(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.]

Textual Amendments

F114 Words substituted by Police and Criminal Evidence Act 1984 (c.60, SIF 95), ss. 49(1), 51, 52

F115 “(a)” inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 65(7), Sch. 9 para. 10

F116 Words inserted by Criminal Justice Act 1972 (c. 71, SIF 39:1), s. 64(1), Sch. 5

F117 S. 67(1)(b) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

F118 S. 67(1A) inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 49(2), 51, 52

F119 S. 67(1A)(c) added by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 130, Sch. 8 para. 16

F120 Words “remanded to local authority accommodation” substituted (prosp.) for “in the care of a local authority” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 16

F121 Words substituted by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), s. 56(1), Sch. 5 para. 22

F122 S. 67(2A)(2B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 22

F123 S. 67(5)(6) added (E.W.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 10

F124 Word substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123, 170, Sch. 8 para. 16, Sch. 15 para. 19

F125 S. 67(7)(8) added by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 49(3), 51, 52

F126 Words substituted by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 25(1), Sch. 8 para. 2

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127 E+W+S

Textual Amendments

F127 Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

69 Extension of enactments relating to persons sentenced to imprisonment or detention to young offenders sentenced to detention. U.K.

(1) In section 38(3) of the M32 Criminal 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 M33 Prison Act 1952, section [F128 37 of the M34 Prisons (Scotland) Act 1952][F128 40 of the Prisons (Scotland) Act 1989] and section 38(2) of the M35 Prison 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.

Textual Amendments

F128 Words “40 of the Prisons (Scotland) Act 1989” substituted (S.) for “37 of the Prisons (Scotland) Act 1952” by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2 para. 9

Modifications etc. (not altering text)

C14 The 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

M32 1961 c. 39.

M33 1952 c. 52.

M34 1952 c. 61.

M35 1953 c. 18 (N.I.)

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,. . . F129 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 M36 Criminal Justice Act 1961.

Textual Amendments

F129 Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 8

Marginal Citations

M36 1961 c. 39.

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. U.K.

[F130 (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 [F131 section 18, 38(7) or 138 of the Mental Health Act 1983], section 36 or 106 of the M37 Mental Health (Scotland) Act 1960 or [F132 Article 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) [F133 section 137 of the Mental Health Act 1983], section 105 of the M38 Mental Health (Scotland) Act 1960 and [F134 Article 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 [F135 the said Act of 1983], 1960 [F136 or 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 [F137 Part III of the Mental Health Act 1983], Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [F138 (Northern Ireland) Order 1986] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F139 or a person liable to be detained under][F137 section 38 of the said Act of 1983][F140 or Article 45 of the Mental Health (Northern Ireland) Order 1986];

• “place of safety” has the same meaning as in [F137 Part III of the said Act of 1983] or 1960 or Part III of the said [F141 Order of 1986], as the case may be;

• “Prison Act” means the M39 Prison Act 1952, the M40 Prisons (Scotland) Act 1952 or the M41 Prison Act (Northern Ireland) 1953, as the case may be.]

(5) Section 27 of the M42 Criminal 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.

Textual Amendments

F130 S. 72(1)–(4) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F131 Words substituted by virtue of Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(a) and Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(a)

F132 Words substituted by S.I. 1986/596, art. 5(a

F133 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)

F134 Words substituted by S.I. 1986/596, art. 5(b)

F135 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)

F136 Words substituted by virtue of S.I. 1986/596, art. 5(b)

F137 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(c)

F138 Words substituted by S.I. 1986/596, art. 5(c)

F139 Words inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(b)

F140 Words added by 1986/596, art. 5(c)

F141 Words substituted by S.I. 1986/596, art. 5(d)

Modifications etc. (not altering text)

C15 The 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

M37 1960 c. 61.

M38 1960 c. 61.

M39 1952 c. 52.

M40 1952 c. 61.

M41 1953 c. 18 (N.I.)

M42 1914 c. 58.

Parts IV, V E+W+S

73—84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142 E+W

Textual Amendments

F142 Ss. 73–84 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

85—88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143 E+W+S

Textual Amendments

F143 Ss. 85–88 repealed by Firearms Act 1968 (c. 27), Sch. 7

Part VI U.K. Miscellaneous and General

Offences E+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. . . F144 9 of this Act [F145 or 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 M43 Army Act 1955 or section 99A of the M44 Air 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 M45 Perjury Act 1911 shall have effect as if this section were contained in that Act.

Textual Amendments

F144 Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F145 Words inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 15

Modifications etc. (not altering text)

C16 S. 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

M43 1955 c. 18.

M44 1955 c. 19.

M45 1911 c. 6.

90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146 E+W

Textual Amendments

F146 S. 90 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6

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 [F147 level 3 on the standard scale].

(2) The foregoing subsection shall have effect instead of any corresponding provision contained in section 12 of the M46 Licensing Act 1872, section 58 of the M47 Metropolitan Police Act 1839, section 37 of the M48 City of London Police Act 1839, and section 29 of the M49 Town 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

Textual Amendments

F147 words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F148 S. 91(5) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

Modifications etc. (not altering text)

C17 S. 91(1) amended by Criminal Justice Act 1972 (c. 71), s. 34

Marginal Citations

M46 1872 c. 94.

M47 1839 c. 47.

M48 1839 c. xciv.

M49 1847 c. 89.

Increase of Fines, etc. U.K.

92 Increase of fines. U.K.

(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 M50 Public Health (Scotland) Act 1897.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

(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.

Textual Amendments

F149 S. 92(8) repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

Marginal Citations

M50 1897 c. 38.

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 £2	seven days
An amount exceeding £2 but not exceeding £5	fourteen days
An amount exceeding £5 but not exceeding£20	thirty days
An amount exceeding £20 but not exceeding £50	sixty days
An amount not exceeding £50	ninety 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F150

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F151

Textual Amendments

F150 Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F151 S. 93(4) repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), Sch. 6 Pt. I

Modifications etc. (not altering text)

C18 The 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.

Fees E+W

94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152 E+W

Textual Amendments

F152 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

Administration of probation and after-care services E+W

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F154

(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

Textual Amendments

F153 S. 95(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F154 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F155 Ss. 54(4), 56(7), 95(4)(5) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156 E+W

Textual Amendments

F156 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157 E+W

Textual Amendments

F157 Ss. 97, 98(1)–(5) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

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

(1)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F158

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

Textual Amendments

F158 Ss. 97, 98(1)–(5) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F159 S. 98(7) repealed (E.W.) by Criminal Appeal Act 1968 (c. 19), Sch. 7 and (N.I.) Criminal Appeal (Northern Ireland) Act 1968 (c. 21), s. 54, Sch. 5

Modifications etc. (not altering text)

C19 The 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160 E+W

Textual Amendments

F160 Ss. 37–42, 47, 48(2), 52, 53, 54(1)–(3), 54(5)(7), 55, 57, 95(2)(3), 96, 99 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Miscellaneous U.K.

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,. . . F161 , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F162 (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.

Textual Amendments

F161 Words repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

F162 S. 100(2A) inserted (E.W.S.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(b) (but repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3)

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163

Textual Amendments

F163 S. 101(b) repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

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. U.K.

(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.

Modifications etc. (not altering text)

C20 The 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. U.K.

(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—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

• “court” does not include a court-martial;

• “explosive” has the same meaning as in the M51 Explosives Act 1875;

• [F165 “extended sentence certificate” means a certificate issued under section 28 of the M52 Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section];

• “firearm” has the same meaning as in the M53 Firearms Act 1937;

• “imitation firearm” has the same meaning as in the M54 Firearms Act 1965;

• “offensive weapon” has the same meaning as in section 1 of the M55 Prevention of Crime Act 1953;

• “prison rules” means rules under section 47 of the M56 Prison 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;

• [F166 “suspended sentence” means a sentence to which an order under section 22(1) of the M57 Powers of Criminal Courts Act 1973 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.

(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.

Textual Amendments

F164 Definition “the clerk of the court” repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F165 Definition substituted by Powers of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 26(a)

F166 Definition substituted by Powers of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 26(b)

Marginal Citations

M51 1875 c. 17.

M52 1973 c. 62.

M53 1937 c. 12.

M54 1965 c. 44.

M55 1953 c. 14.

M56 1952 c. 52.

M57 1973 c. 62.

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

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F167

(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.

Textual Amendments

F167 S. 105(1)(2) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

106 Short title, extent and commencement. U.K.

(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) section. . . F168 48, 54(6) and (8), 93(3). . . F169 and 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;

[F170 (ee) section 100;]

(f) so much of section 103(1) and Schedule 6 as amends. . . F171 . . . F172 , the M58 Criminal Justice Act 1961 and the M59 Criminal 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. . . F173 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174

(e) so much of section 103(1) and Schedule 6 as amends. . . F172 the M60 Criminal 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).

Textual Amendments

F168 Figure “3” repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F169 Words repealed by Customs and Excise Management Act 1979 (c. 2, SIF 40:1), Sch. 6 Pt. I

F170 S. 106(2)(ee) inserted (E.W.S.) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 33(c)

F171 S. 106(2)(f) repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

F172 Words repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F173 Words repealed by virtue of Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F174 S. 106(3)(d) repealed (with saving) by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), Sch. 6 para. 13, Sch. 7 Pt. I

Marginal Citations

M58 1961 c. 39.

M59 1963 c. 39.

M60 1961 c. 39.