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Criminal Justice Act 1972

1972 CHAPTER 71

An Act to make further provision with respect to the administration of criminal justice, the criminal courts and the penal system, and to the methods of dealing with offenders (including the provision of new methods); to amend the law about qualification for jury service, the summoning of jurors and the payment of allowances in respect of jury service; to increase the penalties for certain offences and amend section 21 of the Firearms Act 1968 and section 9 of the Public Order Act 1936; and for purposes connected with those matters.

[26th October 1972]

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Modifications etc. (not altering text)

C1By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Part IE+W Powers for Dealing With Offenders

1—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

Restitution ordersE+W

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

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Amendments (Textual)

F2S. 6 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I(with Sch. 11 paras. 1, 2)

7—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

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Amendments (Textual)

Other powersE+W

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

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Amendments (Textual)

23

(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

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Amendments (Textual)

24 Driving disqualification where vehicle used for purposes of crime.E+W+S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A court which makes an order under this section disqualifying a person for holding or obtaining any such licence as is mentioned in [F9subsection (2)] of this section shall require him to produce any such licence held by him [F10together with its counterpart]; and—

(a)if he does not produce the licence [F11and its counterpart] as required he shall be guilty of an offence under [F12section 27(3) of the Road Traffic Offenders Act 1988] (failure to produce licence for endorsement); and

(b)if he applies under [F13section 42] of that Act for the disqualification to be removed and the court so orders, [F13subsection (5)] of that section shall not have effect so as to require particulars of the order to be endorsed on [F14the counterpart of] the licence, but the court shall send notice of the order to the Secretary of State and [F13section 47(4) of that Act](procedure) shall apply to the notice.

[F15(4)References in this section to facilitating the commission of an offence include references to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.]

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Amendments (Textual)

F10Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

F11Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

F14Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

Part IIE+W

25—27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

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Amendments (Textual)

Part IIIE+W+S Miscellaneous Provisions

28 Punishment for firearms offences.E+W+S

(1)The fourth column in Part I of Schedule 6 to the M1 Firearms Act 1968 (which prescribes the maximum punishment by way of fines or imprisonment for offences under that Act) shall be amended as follows.

(2)In the entries prescribing the punishment for offences under section 16 (possession of firearm with intent to endanger life) and section 17(1) (use of firearms to resist arrest) for the words “14 years” there shall be substituted the words “life imprisonment”.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(4)In the entry prescribing the punishment for an offence under section 3(5) (falsifying certificate etc. with view to acquisition of firearm), where the offender has been convicted on indictment, for the words “a fine of £200” there shall be substituted the words “a fine”.

(5)In the entries prescribing the punishment for offences under the Act where the offender has been convicted summarily—

(a)for “£20” there shall be substituted “£50” ;

(b)for “£50” there shall be substituted “£100” ;

(c)for “£100” there shall be substituted “£200” ; and

(d)for “£200” there shall be substituted “£400”.

(6)In relation to offences under sections 16, 17(1), 17(2) and 18(1) of the said Act of 1968 a court in Scotland shall have the like power as a court in England or Wales to impose both a sentence of imprisonment and a fine.

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Amendments (Textual)

Modifications etc. (not altering text)

C2The text of s. 28(1)(2)(4)(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.

C3The “said Act of 1968” means Firearms Act 1968 (c. 27)

Marginal Citations

29 Possession of firearms by persons convicted of crime in Northern Ireland. E+W+S

In section 21 of the M2 Firearms Act 1968 (possession of firearms and ammunition by persons previously convicted of crime) the following subsection shall be inserted after subsection (3)—

(3A)Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment;

and in subsection (6) of that section (application to court for removal of prohibition) for the words “or (3)” there shall be substituted the words “(3) or (3A)”.

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Modifications etc. (not altering text)

C4The text of s. 29 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

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S

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Amendments (Textual)

31 Punishment for certain offences of Sunday trading. E+W+S

In section 59(1), 64 and 67(5) of the M3 Shops Act 1050 (which impose penalties for certain offences of trading or carrying on business on Sunday) for the words “five pounds” and “two pounds” (wherever occurring) there shall be substituted the words “£50”; and for the words “twenty pounds” (wherever occurring) there shall be substituted the words “£200”.

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Modifications etc. (not altering text)

C5The text of s. 31 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

[F1932 Punishment for use of premises in breach of closing order. E+W

In section 2791) of the M4 Housing Act 1957 (which prescribes the maximum punishment for the use of premises in breach of a closing order) for the words “twenty pounds” there shall be substituted the words “£100”; and for the words “five pounds” there shall in relation to any day after the coming into force of this section be substituted the words “£20”]

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Amendments (Textual)

Modifications etc. (not altering text)

C6The text of s. 32 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.

Marginal Citations

33 Extension of definition of “public place” in Public Order Act 1936. E+W+S

For the definition of “public place” in section 9(1) of the M5 Public Order Act 1936 there shall be substituted—

Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to havea ccess, whether on payment or otherwise ”.

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Modifications etc. (not altering text)

C7The text of s. 33 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

34 Power of constable to take drunken offender to treatment centre.E+W

(1)[F20On arresting an offender for an offence under—

(a)section 12 of the Licensing M6Act 1872; or

(b)section 91(1) of the Criminal Justice Act M71967,

a] constable may, if he thinks fit, take him to any place approved for the purposes of this section by the Secretary of State as a . . . F21 treatment centre for alcoholics, and while a person is being so taken he shall be deemed to be in lawful custody.

(2)A person shall not by virtue of this section be liable to be detained in any such centre as aforesaid to which he has been taken, but the exercise in his case of the power conferred by this section shall not preclude his being charged with any offence.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

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Amendments (Textual)

F20Words and paras. (a) and (b) substituted for words by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 para. 21

Marginal Citations

F2335. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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Amendments (Textual)

36 Reference to Court of Appeal of point of law following acquittal on indictment.E+W

(1)Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Attorney General may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the court, and the court shall, in accordance with this section, consider the point and give their opinion on it.

(2)For the purpose of their consideration of a point referred to them under this section the Court of Appeal shall hear argument—

(a)by, or by counsel on behalf of, the Attorney General; and

(b)if the acquitted person desires to present any argument to the court, by counsel on his behalf or, with the leave of the court, by the acquitted person himself.

(3)Where the Court of Appeal have given their opinion on a point referred to them under this section, the court may, of their own motion or in pursuance of an application in that behalf, refer the point to the House of Lords if it appears to the court that the point ought to be considered by that House.

(4)If a point is referred to the House of Lords under subsection (3) of this section, the House shall consider the point and give their opinion on it accordingly; and section 35(1) of the M8Criminal Appeal Act 1968 (composition of House for appeals) shall apply also in relation to any proceedings of the House under this section.

(5)Where, in a point being referred to the Court of Appeal under this section or further referred to the House of Lords, the acquitted person appears by counsel for the purpose of presenting any argument to the court or the House, he shall be entitled to his costs, that is to say to the payment out of central funds of such sums as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference or further reference; and any amount recoverable under this subsection shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, such officer as may be prescribed by order of the House of Lords.

[F24(5A)Section 20(1) of the Prosecution of Offences Act 1985 (regulations as to scales and rates of payment of costs payable out of central funds) shall apply in relation to this section as it applies in relation to Part II of that Act.]

(6)Subject to rules of court made under section 1(5) of the M9Criminal Appeal Act 1966 (power by rules to distribute business of Court of Appeal between its civil and criminal divisions), the jurisdiction of the Court of Appeal under this section shall be exercised by the criminal division of the court; and references in this section to the Court of Appeal shall be construed accordingly as references to that division of the court.

(7)A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.

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Amendments (Textual)

Marginal Citations

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W

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Amendments (Textual)

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26E+W

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Amendments (Textual)

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W

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Amendments (Textual)

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W

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Amendments (Textual)

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29E+W

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Amendments (Textual)

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30E+W

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Amendments (Textual)

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W

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Amendments (Textual)

44, 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W

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Amendments (Textual)

46 Admissibility of written statements made outside England and Wales.E+W

(1)[F33F34. . . section 9 of the Criminal Justice Act 1967 (F34. . . written statements to be used as evidence in F34. . . criminal proceedings) F34. . . and section 89 of the said Act of 1967 (F34. . . false statements which are tendered in evidence under the said section F34. . . 9 F34. . .)] shall apply to written statements made in Scotland or Northern Ireland as well as to written statements made in England and Wales.

[F35(1A)The following provisions, namely—

(a)so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them,

(b)section 5B of that Act, and

(c)section 106 of that Act,

shall apply where written statements are made in Scotland or Northern Ireland as well as where written statements are made in England and Wales.

(1B)The following provisions, namely—

(a)so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them, and

(b)section 5B of that Act,

shall (subject to subsection (1C) below) apply where written statements are made outside the United Kingdom.

(1C)Where written statements are made outside the United Kingdom—

(a)section 5B of the Magistrates’ Courts Act 1980 shall apply with the omission of subsections (2)(b) and (3A);

(b)paragraph 1 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements at trial) shall not apply.]

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

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Amendments (Textual)

F34Words in s. 46(1) repealed (4.7.1996 but with effect (8.3.1997) as mentioned in s. 65, Sch. 1 Pt. III, para. 39) by 1996 c. 25, ss. 47, 80, Sch. 1 Pt. II, para. 22(2), Sch. 5 para. 10 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F35S. 46(1A)-(1C) inserted (4.7.1996 but with effect (8.3.1997) as mentioned in s. 65, Sch. 1 Pt. III para. 39) by 1996 c. 25, s. 47, Sch. 1 Pt. II, para. 22(3) (with s. 78(1)); S.I. 1997/683, art. 1(2)

47 Summary trial of certain offences of arson. E+W

In Schedule 1 to the M10 Magistrates’ Courts Act 1952 (indictable offences triable summarily with the consent of the accused when adult), for paragraph 2 there shall be substituted the following paragraph, in lieu of that substituted by section 7(1) of the Criminal Damage Act 1971 :—

2Offences under section 1(1) or section 1(1) and (3) of the Criminal Damage Act 1971 or under section 2 or 3 of that Act.

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Modifications etc. (not altering text)

C8The text of s. 47 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

48 Proceedings under Indecency with Children Act 1960.E+W

Section 8 of the M11Sexual Offences Act 1967 (which provides that no proceedings shall be instituted except by or with the consent of the Director of Public Prosecutions against any man for gross indecency or certain other offences where any person involved is under twenty-one) shall not apply to proceedings under the M12Indecency with Children Act 1960.

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Marginal Citations

F3649. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W

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Amendments (Textual)

51 Execution of process between England and Wales and Scotland.E+W+S

[F38(1)Where in any proceedings brought, or proposed to be brought, in respect of any person in pursuance of section 1 of the M13Children and Young Persons Act 1969 (care proceedings in [F39youth court]) it is, or is to be, alleged that the condition set out in subsection (2)(f) of that section is satisfied (guilty of an offence), any warrant issued under section 2(4) of that Act for the purpose of securing the attendance of that person before the court in which the proceedings are brought or proposed to be brought may, if it is endorsed with a statement that such an allegation as aforesaid is, or is to be, made in the proceedings, be executed in Scotland by any constable appointed for a police area in like manner as a warrant issued in Scotland for the arrest of a person charged with an offence.]

(2)Where a warrant is issued for the apprehension of a child in pursuance of Part III of the M14Social Work (Scotland) Act 1968, that warrant may be executed in England and Wales in like manner as a warrant issued in Scotland for the apprehension of a person charged with an offence, and [F40sections 17(1) and 325(1) of the M15Criminal Procedure (Scotland) Act 1975] shall apply accordingly.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(4)Section 4 of the said Act of 1881 shall have effect in relation to the service and execution in Scotland of process issued in England and Wales by a justices’ clerk [F42by virtue of section 45(1) of the Justices of the Peace Act 1997, as it has] effect in relation to process issued in England and Wales by a court of summary jurisdiction as defined in the said Act of 1881.

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Amendments (Textual)

F42Words in s. 51(4) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 12 (with Sch. 4 para. 27)

Marginal Citations

Part IVE+W Administrative Provisions

52—57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43E+W

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Amendments (Textual)

58 Amendment of Police (Property) Act 1897. E+W

In section 1(1) of the M16 Police (Property) Act 1897 (which makes provision for the disposal of property which has come into the possession of the police in connection with any criminal charge) for the words “with any criminal charge” there shall be substituted the words “with their investigation of a suspected offence”.

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Modifications etc. (not altering text)

C9The text of s. 58 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

59 Abolition of duty to re-convey certain prisons to local authorities.E+W

Section 38 of the M17Prison Act 1952 (which gives local authorities the right to buy back at a fixed price prisons taken over under the M18Prison Act 1877 if they are subsequently closed) shall not apply where any prison is closed after the coming into force of this section unless the Secretary of State has before 10th November 1971 informed the appropriate authority of his intention to close it after that date.

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Marginal Citations

60 Power of entry in connection with acquisition of land for prisons.E+W

(1)Any person authorised in writing by the Secretary of State may enter any land and survey it for the purpose of enabling the Secretary of State to determine whether to exercise his powers under section 36 of the M19Prison Act 1952 (acquisition of land for prisons) in respect of that land.

(2)The power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil.

(3)A person authorised under this section to enter any land shall, if so required, produce evidence of his authority before entering, and shall not—

(a)demand admission as of right to any land which is occupied unless fourteen days’ notice of the intended entry has been given to the occupier; or

(b)Carry out any works authorised by subsection (2) of this section unless notice of his intention to do so is included in the notice required by the foregoing paragraph.

(4)Where any land is damaged in the exercise of powers conferred by this section, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State.

(5)Any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal; and, in relation to the determination of any such question, the provisions of sections 2 and 4 of the M20Land Compensation Act 1961 shall apply subject to any necessary modifications.

(6)Any person who wilfully obstructs a person acting in the exercise of his powers under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F44level 3 on the standard scale].

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Amendments (Textual)

Marginal Citations

61, 62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45E+W

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Amendments (Textual)

Part VE+W+S+N.I. Supplementary

63†Powers of Parliament of Northern Ireland.E+W+S+N.I.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47 Her Majesty may by Order in Council make provision in relation to Northern Ireland for corresponding purposes; and any Order under this section may be varied or revoked by a further Order.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

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Amendments (Textual)

Modifications etc. (not altering text)

C10Unreliable marginal note

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

(1)The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2)The enactments specified in Schedule 6 to this Act (which include certain spent provisions) are hereby repealed to the extemt specified in the third column of that Schedule.

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Modifications etc. (not altering text)

C11The text of s. 64 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.

65 Expenses and receipts.E+W

There shall be defrayed out of moneys provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums payable out of such moneys under any other Act; and any sums received by the Secretary of State in consequence of this Act shall be paid into the Consolidated Fund.

66 Citation, interpretation, commencement and extent.E+W+S+N.I.

(1)This Act may be cited as the Criminal Justice Act 1972.

(2)In this Act “court” does not include a court-martial; “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 or a committal or attachment for contempt of court, and “sentence to imprisonment” shall be construed accordingly.

(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

(5)Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any other enactment, including this Act.

(6)This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different provisions:

Provided that—

(a)sections 28, 30, 31 and 32 shall not affect the punishment for an offence completed before those sections come into force; and

(b)neither section 36 [F50nor the corresponding section referred to in section 63(3)] shall come into force until provision has been made by rules of court with a view to preventing or restricting the disclosure of the identity of the acquitted person in references under that section.

(7)In this Act—

(a)sections 23, 24, 28, 29, 30, 33, 35, 51 and this section, section 31 so far as it relates to section 67(5) of the M21Shops Act 1950, section 64(1) and Schedule 5 so far as they relate to the M22Road Traffic Act 1972 and section 64(2) and Schedule 6 so far as they relate to the M23Summary Jurisdiction (Scotland) Act 1908 and the M24Firearms Act 1968, extend to Scotland;

(b)section 63 and this section extend to Northern Ireland;

(c)section 64(1) and Schedule 5 so far as they relate to the M25Petty Sessions (Ireland) Act 1851 extend to Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

but, save as aforesaid, this Act extends to England and Wales only.

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Amendments (Textual)

Modifications etc. (not altering text)

C12S. 66(6): power conferred by s. 66(6) partly exercised: 1972/1763, 1973/272, 1472, 1995, 1976/299 (s. 49 and certain repeals in Sch. 6 Pt. I not yet brought into force)

Marginal Citations

F51F51SCHEDULE 1E+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

F52F52SCHEDULE 2E+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

F53F53SCHEDULE 3E+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

F54F54SCHEDULE 4E+W

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Section 64(1).

SCHEDULE 5E+W+S+N.I. MINOR AND CONSEQUENTIAL AMENDMENTS

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Modifications etc. (not altering text)

C13The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Petty Sessions (Ireland) Act 1851E+W+S+N.I.

In the M26Petty Sessions (Ireland) Act 1851—

(a)in sections 27 and 29 for the words “county inspector” (wherever occurring) there shall be substituted the words “chief superintendent of police” ; and

(b)in section 44, for the words from “ “county inspector” shall” to “rank of county inspector” there shall be substituted the words “ “chief superintendent of police” means an officer of the Royal Ulster Constabulary having the rank of chief superintendent”.

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Marginal Citations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

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Amendments (Textual)

F55Entry relating to Theatrical Employers Registration Act 1925 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. IV

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

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Amendments (Textual)

F56Entry relating to Children and Young Persons Act 1933 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

The Incitement to Disaffection Act 1934E+W

In section 2(4) of the M27Incitement to Disaffection Act 1934 for the words from “and subject as aforesaid” onwards there shall be substituted the words “and, in relation to property which has come into the possession of the police under this section, the M28Police (Property) Act 1897 (which makes provision with respect to the disposal of property in the possession of the police) shall have effect subject to the foregoing prrovisions of this subsection and to the provisions of this Act conferring powers on courts dealing with offences”.

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Marginal Citations

The Dogs Amendment Act 1938E+W

In section 1(2) of the M29Dogs Amendment Act 1938 for the words “fourteen days from the date of the order” there shall be substituted the words “the period within which notice of appeal to the Crown Court may be given against the order”.

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Marginal Citations

The Criminal Justice Act 1948E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

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Amendments (Textual)

F57Entry relating to Criminal Justice Act 1948 and para. (b) of entry relating to Criminal Justice Act 1967 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58

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Amendments (Textual)

F58Entry relating to Reserve and Auxiliary Forces (Training) Act 1951 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

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Amendments (Textual)

F59Entry relating to Costs in Criminal Cases Act 1952 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

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Amendments (Textual)

F60Entry relating to Magistrates' Courts Act 1952 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

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Amendments (Textual)

F61Entry relating to Prevention of Fraud (Investments) Act 1958 repealed by Financial Services Act 1986 (c. 50, SIF 69), s. 212(3), Sch. 17 Pt. I

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

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

Amendments (Textual)

F62Entry relating to Criminal Justice Act 1961 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 9

The Criminal Justice Act 1967E+W

In the M30Criminal Justice Act 1967—

F63(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

(c)in section 60(2) the words “between conviction and sentence” shall be omitted ;

(d)in section 67(1), after the words “probation order” there shall be inserted the words “a community service order” ;

(e)—(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

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

Amendments (Textual)

F63Paragraph (a) of entry relating to the Criminal Justice Act 1967 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

F64Entry relating to Criminal Justice Act 1948 and para. (b) of entry relating to Criminal Justice Act 1967 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F65Paragraphs (e)—(g) of entry relating to Criminal Justice Act 1967 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

Marginal Citations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

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

Amendments (Textual)

F66Entry relating to Criminal Appeal Act 1968 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16 Sch. 16

The Theft Act 1968E+W

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Amendments (Textual)

F67Entry in Sch. 5 relating to the Theft Act 1968 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

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

Amendments (Textual)

F68Entry relating to Children and Young Persons Act 1969 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9 and Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16 and by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I it is provided that the entry relating to s. 7(8) of the Children and Young Persons Act 1969 is repealed (25.8.2000).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

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

Amendments (Textual)

F69Entry relating to Administration of Justice Act 1970 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

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

Amendments (Textual)

F70Entry relating to Courts Act 1971 repealed by Juries Act 1974 (c. 23), Sch. 3

The Immigration Act 1971E+W

In section 6(3)(b) of the M31Immigration Act 1971 for the words “first offenders” there shall be substituted the words “persons who have not previously been sentenced to imprisonment”.

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

Marginal Citations

The Road Traffic Act 1972E+W+S

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Amendments (Textual)

F71Entry relating to the Road Traffic Act 1972 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group1

Section 64(2).

SCHEDULE 6E+W+S REPEALS

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

Modifications etc. (not altering text)

C14The text of Schedule 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.

PART IE+W JURIES

ChapterShort TitleExtent of Repeal
31 Geo. 3. c. 32.The Roman Catholic Relief Act 1791In section 8 the words “from serving upon any jury or”.
6 Geo. 4. c. 50.The Juries Act 1825.Sections 1, 27 and 50.
33 & 34 Vict. c. 77.The Juries Act 1870.Sections 4, 5, 7 to 10, 25 and the Schedule.
53 & 54 Vict. c. 21.The Inland Revenue Regulation Act 1890In section 8, the words “or on any jury or inquest whatsoever”.
53 & 54 Vict. c. ccxliii.The London Council (General Powers) Act 1890.Section 26.
7 Edw. 7. c. cxl.The City of London (Union of Parishes) Act 1907.Section 26.
9 & 10 Geo. 5. c. 71.The Sex Disqualification (Removal) Act 1919.In section 1 the words “and a person shall not be exempted by sex or marriage from the liability to serve as a juror”.
In section 4(2) the words from “and any enactment relating to juries” onwards.
9 & 10 Geo. 5. c. 92.The Aliens Restriction (Amendment) Act 1919.Section 8.
12 & 13 Geo. 5. c. 11.The Juries Act 1922.The whole Act.
19 & 20 Geo. 5. c. 17.The Local Government Act 1929.Section 79(1).
11 & 12 Geo. 6. c. 65.The Representation of the People Act 1948.In Schedule 10, Part II, paragraph 7(2).
12, 13 & 14 Geo. 6. c. 86.The Electoral Registers Act 1949.Section 3(1).
Schedule 2.
14 & 15 Geo. 6. c. 53.The Midwives Act 1951.Section 22.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 44.The Customs and Excise Act 1952.In section 2(1) the words “or on any jury whatsoever”.
1 & 2 Eliz. 2. c. 50.The Auxiliary Forces Act 1953.In section 39(3) the words “and shall be exempt from serving on any jury”; and the proviso.
2 & 3 Eliz. 2. c. 70.The Mines and Quarries Act 1954.Section 144(5).
3 & 4 Eliz. 2. c. 18.The Army Act 1955.Section 183.
3 & 4 Eliz. 2. c. 19.The Air Force Act 1955.Section 183.
5 & 6 Eliz. 2. c. 28.The Dentists Act 1957.In section 32, in subsection (1), the words “serving on all juries and inquests whatsoever and from” ; subsection (2).
9 & 10 Eliz. 2. c. 34.The Factories Act 1961.Section 145(5).
10 & 11 Eliz. 2. c. xlii.The British Transport Commission Act 1962.Section 43(2).
1964 c. 42.The Administration of Justice Act 1964.Section 21.
Schedule 3 paragraph 13.
1964 c. 48.The Police Act 1964.In Schedule 9 the entry relating to the Juries Act 1870.
1965 c. 16.The Airports Authority Act 1965.Section 10(5).
1966 c. 36.The Veterinary Surgeons Act 1966.Section 24(1).
1967 c. 80.The Criminal Justice Act 1967.Sections 14 to 16.
1968 c. xxxii.The Port of London Act 1968.Section 154(4).
In Schedule 2, Part I, paragraph 14.
1970 c. 9.The Taxes Management Act 1970.Section 5(2).
1971 c. 23.The Courts Act 1971.In section 31, in subsection (3), the words from “and in section 1” onwards; and subsection (7).
Section 33(3).
In Schedule 4, paragraphs 1 and 2.
In Schedule 8, paragraphs 11 and 50.

PART IIE+W+S OTHER REPEALS

ChapterShort TitleExtent of Repeal
33 & 34 Vict. c. 23.The Forfeiture Act 1870.Section 4.
8 Edw. 7. c. 65.The Summary Jurisdiction (Scotland) Act 1908.In section 77(4) the words “forty-four”.
1 & 2 Geo. 5. c. 27.The Protection of Animals Act 1911.Section 4.
16 &17 Geo. 5. c. 60.The Legitimacy Act 1926.In the Schedule, in paragraph 6, the words from “and any sum” onwards.
11 & 12 Geo. 6. c. 58.The Criminal Justice Act 1948.Section 11(2).
Section 14(2).
In section 77(3), the proviso.
In section 80(6) the word “damages”.
In Schedule 1, in paragraph (b) of the proviso to paragraph 3 the words “or to submit to treatment for his mental condition”.
In Schedule 5, in paragraph 2(1)(a), the words from “and, if the order so provides” onwards ; paragraph 3(4) and on paragraph 3(6) the words “in individual cases”.
12, 13 & 14 Geo. 6. c. 101.The Justices of the Peace Act 1949.In section 27, in subsection (5) the words “and any question whether expenditure was properly incurred shall also be so determined”; and subsections (10)(a) and (11).
Section 28.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 48.The Costs in Criminal Cases Act 1952.In section 17, in subsection (1) the definition of “prosecutor” and subsection (4).
16 & 17 Geo. 6. & 1 Eliz. 2. c. 55.The Prison Act 1952.Section 38 except as provided in section 59 of this Act.
15 & 16 Geo. 6. c. 55.The Magistrates’ Courts Act 1952.Section 34.
1 & 2 Eliz. 2. c. 20.The Births and Deaths Registration Act 1953.Section 38(2).
2 & 3 Eliz. 2. c. 70.The Mines and Quarries Act 1954.Section 167.
3 & 4 Eliz. 2. c. 18.The Army Act 1955.Section 221.
3 & 4 Eliz. 2. c. 19. The Air Force Act 1955.Section 219.
5 & 6 Eliz. 2. c. 53.The Naval Discipline Act 1957.Section 100(3).
6 & 7 Eliz. 2. c. 31.The First Offenders Act 1958.The whole Act.
7 & 8 Eliz. 2. c. 22.The County Courts Act 1959.Section 181.
8 & 9 Eliz. 2. c. 16.The Road Traffic Act 1960.Section 147(1).
9 & 10 Eliz. 2. c. 15.The Post Office Act 1961.Section 24(2).
9 & 10 Eliz. 2. c. 34.The Factories Act 1961.In section 164(6) the words from the beginning to “Exchequer ; and”.
9 & 10 Eliz. 2. c. 39.The Criminal Justice Act 1961.Section 8(4).
1963 c. 39.The Criminal Justice (Scotland) Act 1963.In Schedule 5 the amendment of the First Offenders Act 1958.
1964 c. 42.The Administration of Justice Act 1964.Section 22(2)(a).
In Schedule 3, paragraph 19(4) and in paragraph 20(7) the words from “and in section 27(2)” onwards.
1965 c. 24.The Severn Bridges Tolls Act 1965.Section 20(4).
1967 c. 10.The Forestry Act 1967.Section 46(6).
1967 c. 58.The Criminal Law Act 1967.In Schedule 2, paragraph 9.
1967 c. 76.The Road Traffic Regulation Act 1967.Section 94(1).
1967 c. 80.The Criminal Justice Act 1967.Section 39(3) to (6).
In section 47(10) the words “and as being Exchequer moneys”.
In section 54(5) the words from “and the maximum fine” onwards.
In section 60(2), the words “between conviction and sentence”.
1967 c. 83.The Sea Fisheries (Shellfish) Act 1967.Section 19(3).
1968 c. 27.The Firearms Act 1968.In Schedule 6, in column 4 of Part I, in the entries relating to sections 16, 17(1) and (2) and 18(1), the words “in England or Wales”.
1968 c. 60.The Theft Act 1968.Section 26(4).
1969 c. 54.The Children and Young Persons Act 1969.In Schedule 5, paragraph 1.
1970 c. 31.The Administration of Justice Act 1970.Section 50(a).
In Schedule 9, in pargarah 12, the word “damages”.
1971 c. 10.The Vehicles (Excise) Act 1971.Section 35(1).
1971 c. 23.The Courts Act 1971.Section 53(2)(b).
In Schedule 8 paragraph 43(2) and, in paragraph 48(a), the reference to section 73(5).
1971 c. 48.The Criminal Damage Act 1971.Section 791).
Section 8.
1971 c. 77.The Immigration Act 1971.In Schedule 2, in paragraph 23(3) the words “and as being Exchequer moneys”, and the same words in paragraph 31(4).
1972 c. 20.The Road Traffic Act 1972.Section 185(1).

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