SCHEDULES
X6SCHEDULE 1 Offences Made Triable Only Summarily, and Related Amendments
Sch. 1 para. 2 repealed by the Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. III
In Sch. 1 the entry relating to s. 7 of the Water Act 1945 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt. I (with s. 2(2), Sch. 2 paras. 10, 14(1), 15)
Sch. 1 paras. 7, 8 repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
Sch. 1 item 9 repealed by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 9 Pt. II
Sch. 1 paras. 11–13 repealed by Dentists Act 1984 (c. 24, SIF 83:1), s. 54(2)(3), Sch. 6 Pt. I
Sch. 1 paras. 14–16 repealed by Opticians Act 1989 (c. 44, SIF 83:1), s. 37, Sch. 2
Sch. 1 para. 18 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt.I.
Entries relating to the Road Traffic Act 1972 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 Pt. I
1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|
Offence | Enactment | Amendment | Old Penalties | New penalties |
Night Poaching Act 1828 (c. 69) | ||||
1. Offences under section 1 (taking or destroying game or rabbits by night or entering land for that purpose). | Section 1 | For the words from “such offender” onwards substitute “he shall be liable on summary conviction to a fine not exceeding £200”. | (a) for a first offence, on summary conviction, 3 months or £100 and, in default of finding sureties of £10, a further 6 months; | £200. |
(b) for a second offence, on summary conviction, 6 months or £100 and, in default of finding sureties of £20, a further 12 months; | ||||
(c) for a third offence, on conviction on indictment, 2 years or a fine or both. | ||||
2. | . . . F58 | . . . F58 | . . . F58 | . . . F58 |
Public Meeting Act 1908 (c. 66) | ||||
3. Offences under section 1(1) (endeavouring to break up a public meeting). | Section 1(1). | After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both”. | (a) on summary conviction 3 months or £100 or both; | 6 months or £1,000 or both. |
(b) on conviction on indictment 12 months or £500 or both. | ||||
Children and Young Persons Act 1933 (c. 12) | ||||
4. Offences under section 3 (allowing persons under 16 to be in brothels). | Section 3. | For the words from “guilty” to “twenty-five pounds” substitute “liable on summary conviction to a fine not exceeding £50”. | (a) on summary conviction 6 months or £25 or both; | 6 months or £50 or both. |
(b) on conviction on indictment 6 months or £25 or both. | ||||
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6.) (c. 6) | ||||
5.Offences under section 5 (conduct conducive to breaches of the peace). | Section 5 (as substituted by section 7 of the Race Relations Act 1965). | After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both”. | (a) on summary conviction 3 months or £100 or both; | 6 months or £1,000 or both. |
(b) on conviction on indictment 12 months or £500 or both. | ||||
Water Act 1945 (c. 42) | ||||
6. F59 . . .. | F59 . . .. | F59. . . | F59 . . . | F59 . . . |
F59 . . .. | ||||
7, 8. | . . . F60 | . . . F60 | . . . F60 | . . . F60 |
9. | . . . F61 | . . . F61 | . . . F61 | . . . F61 |
Post Office Act 1953 (c. 36) | ||||
10. Offences under section 56 (criminal diversion of letters from addressee). | Section 56(1). | For the words from “guilty” onwards substitute “liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding six months or to both”. | £50 or 6 months. | £500 or 6 months or both. |
11—13. | . . . F62 | . . . F62 | . . . F62 | . . . F62 |
14—16 | . . . F63 | . . . F63 | . . . F63 | . . . F63 |
Betting Gaming and Lotteries Act 1963 (c.2) | ||||
17. Offences under the following provisions— | Section 52. | For paragraphs (a) and (b) of subsection (2) (penalties for certain offences) substitute “on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both”. | (a) on summary conviction £50 or, on a second or subsequent conviction, 2 months or £100 or both; | £1,000 or 6 months or both. |
section 7 (restriction of betting on dog racecourses); | (b) on conviction on indictment £300 or, on a second or subsequent conviction, 6 months or £500 or both. | |||
section 10(5) (advertising licensed betting offices); | ||||
section 11(6) (person holding bookmaker’s or betting agency permit employing a person disqualified from holding such a permit); | ||||
section 18(2) (making unauthorised charges to bookmakers on licensed track); | ||||
section 19 (occupiers of licensed tracks not to have any interest in book-making thereon); | ||||
section 21 (betting with young persons); | ||||
section 22 (betting circulars not to be sent to young persons). | ||||
Police Act 1964 (c. 48) | ||||
F6418.. . . | F64. . . | F64. . .. | F64. . . | F64. . . |
Theatres Act 1968 (c. 54) | ||||
19. Offences under section 6 (provocation of breach of the peace by means of public performance of play). | Section 6(2). | For paragraphs (a) and (b) subtitute “on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both”. | (a) on summary conviction 3 months or £100 or both; | 6 months or £1,000 or both. |
(b) on conviction on indictment 12 months or £500 or both. | ||||
20. | . . . F65 | . . . F65 | . . . F65 | . . . F65 |
Health and Safety at Work etc. Act 1974 (c. 37) | ||||
21. Offences under section 33(5) (continuing contravention of improvement notice, prohibition notice or court order). | Section 33(5). | For the words from “liable” to “£50” substitute “liable on summary conviction to a fine not exceeding £100”. | £50 for each day on which the contravention continues. | £100 for each day on which the contravention continues. |
SCHEDULES 2—4 . . . F1
Schs. 2– 4 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9
X1SCHEDULE 5 Alteration of Penalties on Summary Conviction of Certain Offences Triable Either Way
The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1
1
The M1Misuse of Drugs Act 1971 shall be amended as follows—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
b
in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in subparagraph (2)(b) below, for “6 months or £200, or both” there shall be substituted “three months or £500, or both”; and
c
in the entry in Schedule 4 relating to section 5(2)—
i
for “6 months or £400, or both” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “3 months or £500, or both”; and
ii
for “6 months or £200, or both” (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted “3 months or £200, or both”.
F31A
The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—
i
section 4(2) (production, or being concerned in the production of a controlled drug);
ii
section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);
iii
section 5(3) (having possession of a controlled drug with intent to supply it to another);
iv
section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);
v
section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or
vi
section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).
2
The offences to which (as provided in section 28(8) above) section 28(2) above does not apply are—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
c
offences under the following provisions of the M2Customs and Excise Act 1952, where the controlled drug constituting the goods in respect of which the offence was committed was a Class C drug, namely—
i
section 45(1) (improper importation);
ii
section 56(2) (improper exportation);
iii
section 304 (fraudulent evasion of prohibition or restriction affecting goods).
3
In this paragraph “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the M3Misuse of Drugs Act 1971.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
X7Schedule 6 Increase of fines for certain summary offences
The text of Sch. 6 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.
Entries relating to Offences Against the Person Act 1861 repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16
Entry relating to Merchant Shipping Act 1894 repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 7 Pt. II
Entry relating to Protection of Animals Act 1911 (c. 27, SIF 4:5), repealed by Protection of Animals (Penalties) Act 1987 (c. 35, SIF 4:5), s. 2(2)(b)
Entries relating to offences under ss. 60(1) and 59(4) of the Public Health Act 1936 repealed (E.W.) by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7
Sch. 6: entry relating to the Education Act 1944 repealed (1.10.1993) by 1993 c. 35, ss. 303, 307, Sch. 19 para. 68, Sch. 21 Pt. I; S.I. 1993/1975, art. 9, Sch. 1
In Sch. 6, the entries relating to ss. 14 and 16 of the Water Act 1945 repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 3(1), 4(2), Sch. 3 Pt. I (with s. 2(2), Sch. 2 paras. 10, 14(1), 15)
Entries relating to sections 64(1) and 67 of Schedule 3 to the Water Act 1945 repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)
Entries relating to ss. 37(1), 40(3) of the National Assistance Act 1948 (c. 29, SIF 81:3) repealed by Residential Homes Act 1980 (c. 7), s. 12(2), Sch. 2
Entry relating to Children Act 1948 repealed by Child Care Act 1980 (c. 5), s. 90(1), Sch. 6
Entry relating to Wireless Telegraphy Act 1949 repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. IV
Entries relating to Midwives Act 1951 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8
Entries relating to Midwives (Scotland) Act 1951 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8
Entry relating to Nurses (Scotland) Act 1951 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8
Entries relating to Protection of Birds Act 1954 repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 17 Pt. II
Entry relating to the Food and Drugs Act 1955 repealed by Food Act 1984 (c. 30, SIF 53:1), s. 134, Sch. 11
Entry relating to Nurses Act 1957 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8
Entry relating to Highways Act 1959 (c. 25) repealed by Highways Act 1980 (c. 66, SIF 59), Sch. 25
Entry relating to 130(3) of the Mental Health Act 1959 repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Entries relating to s. 169 of the Licensing Act 1964 repealed by Licensing Act 1988 (c. 17, SIF 68A:1), s. 19, Sch. 4
Sch. 6: entry headed Police Act 1964 repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt.I.
Entry relating to s. 65(1) of the Housing Act 1964 (c. 56, SIF 61) repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
Entry relating to s. 61 of the Housing Act 1969 (c. 33, SIF 61) repealed by Housing Act 1980 (c. 51, SIF 4:5), Sch. 26
Sch. 6: entry relating to the Criminal Procedure (Scotland) Act 1975 repealed (S.) (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5.
Entries relating to Nursing Homes Act 1975 repealed (E.W.) by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
Entry relating to Conservation of Wild Creatures and Wild Plants Act 1975 (c. 48) repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 17 Pt. II
1 | 2 | 3 | 4 |
|---|---|---|---|
Enactment creating offence | Penalty enactment | Old maximum fine | New maximum fine |
Metropolitan Police Act 1839 (c. 47) | |||
Offences under section 54 (miscellaneous offences in thoroughfares, including furious driving, obstructing a thoroughfare and discharging firearms). | Section 54 (as amended by Schedule 3 to the Criminal Justice Act 1967). | £20 | £50. |
. . . F66 | . . . F66 | . . . F66 | . . . F66 |
Licensing Act 1872 (c. 94) | |||
Offences under the first paragraph of section 12 (being found drunk in a highway or other public place). | Section 12 (as amended by section 1 of the Penalties for Drunkenness Act 1962). | £5. | £25. |
. . . F67 | . . . F67 | . . . F67 | . . . F67 |
Licensing Act 1902 (c. 28) | |||
Offences under section 2(1) (being drunk in a highway or other public place while in charge of a child). | Section 2(1) (as amended by section 1 of the Penalties for Drunkenness Act 1962). | £10. | £50. |
. . . F68 | . . . F68 | . . . F68 | . . . F68 |
Protection of Animals (Scotland) Act 1912 (c. 14) | |||
Offences under section 1(1) (inflicting of unnecessary suffering on, and cruelty to, animals). | Section 1 (1) (as amended by section 3 of the Protection of Animals (Amendment) Act 1954.) | £50. | £500. |
Children and Young Persons Act 1933 (c. 12) | |||
Offences under section 39(2) (Publication of matters identifying juveniles in court proceedings). | Section 39(2). | £50. | £500. |
Offences under section 49 (newspaper reports of proceedings in juvenile courts). | Section 49(2). | £50. | £500. |
Protection of Animals Act 1934 (c. 21) | |||
Offences under section 1(1) (prohibition of certain public contests, performances and exhibitions with horses or bulls). | Section 2. | £100. | £500. |
Public Health Act 1936 (c. 49) | |||
F69. . . | F69. . . | F69. . . | F69. . . |
F69. . . | F69. . . | F69. . . | F69. . . |
Offences under section 290(6) (failure to execute works). | Section 290(6). | £5. | £500. |
Public Order Act 1936 (1 Edw. 8. & 1 Geo. 6.) (c. 6) | |||
Offences under the following provisions— | Section 7(2). | £50. | £500. |
section 1(1) (wearing uniform signifying association with political organisation); | |||
section 3(4) (knowingly failing to comply with conditions as regards processions); | |||
section 4(1) (possession of offensive weapon at public meeting). | |||
Children and Young Persons (Scotland) Act 1937 (c.37) | |||
Offences under section 46(2) (Publication of matters identifying juveniles in court proceedings). | Section 46(2). | £50. | £500. |
Cinematograph Films (Animals) Act 1937 (c.59) | |||
Offences under section 1(1) (prohibition of films in production of which suffering has been caused to animals). | Section 1(3). | £100. | £200. |
Architects Registration Act 1938 (c. 54) | |||
Offences under section 1 (unregistered persons using title of architect). | Section 3. | £50. | £500. |
Nursing Homes Registration (Scotland) Act 1938 (c. 73) | |||
Any offence under the Act for which no express penalty is provided, except an offence under section 1(4). | Section 8 (as amended by Schedule 3 to the Criminal Justice Act 1967). | £20. | £500. |
Education Act 1944 (c. 31) | |||
F70. . . | F70. . . | F70. . . | F70. . . |
F70. . . | |||
F70. . . | |||
Water Act 1945 (c. 42) | |||
F71 . . .. | F71 . . .. | F71. . .. | F71. . .. |
F71 . . .. | F71 . . .. | F71 . . .. | F71. . .. |
. . . F72 | . . . F72 | . . . F72 | . . . F72 |
. . . F72 | . . . F72 | . . . F72 | . . . F72 |
Water (Scotland) Act 1946 (c. 42) | |||
Offences under section 59(3) (contravention of prohibition or restriction on use of hosepipes). | Section 59(3). | £5. | £200. |
Any offence consisting in a contravention of section 30(1) of Schedule 4 (wasting water by non-repair of pipes etc.). | Section 30(1) of Schedule 4. | £5. | £200. |
Any offence consisting in a contravention of section 33 of Schedule 4 (causing the supply of water to be interfered with). | Sectionn 33 of Schedule 4. | £5. | £200. |
Fire Services Act 1947 (c. 41) | |||
offences under section 31(1) (giving false fire alarm). | Section 31(1) (as amended by Schedule 3 to the Criminal Justice Act 1967). | £50. | £500. |
National Assistance Act 1948 (c. 29) | |||
. . . F73 | . . . F73 | . . . F73 | . . . F73 |
. . . F73 | . . . F73 | . . . F73 | . . . F73 |
Offences under section 55(2) (obstruction). | Section 55(2) (as amended by Schedule 3 to the Criminal Justice Act 1967). | £10 for a first offence and £20 for a second or subsequent offence. | £500 |
. . . F74 | . . . F74 | . . . F74 | . . . F74 |
Agriculture (Scotland) Act 1948 (c. 45) | |||
Offences under section 50(1) (prohibition of night shooting and use of spring traps). | Section 50(2). | £20 for a first offence and £50 for a second or subsequent offence. | £200. |
Offences under section 50A(1) (open trapping of hares and rabbits). | Section 50A(2). | £20 for a first offence and £50 for a second or subsequent offence. | £200. |
. . . F75 | . . . F75 | . . . F75 | . . . F75 |
Docking and Nicking of Horses Act 1949 (c. 70) | |||
Offences under section 1(1) (prohibition of docking or nicking horses). | Section 1(3). | £25. | £200. |
Offences under section 2(3) (offences in connection with importation of docked horses). | Section 2(3). | £25. | £200. |
Offences under section 2(4) (making a false statement). | Section 2(4). | £25. | £200. |
. . . F76 | . . . F76 | . . . F76 | . . . F76 |
. . . F77 | . . . F77 | . . . F77 | . . . F77 |
. . . F78 | . . . F78 | . . . F78 | . . . F78 |
Cockfighting Act 1952 (c. 59) | |||
Offences under section 1(1) (possession of appliances for use in fighting of domestic fowl). | Section 1(1). | £25. | £200. |
Dogs (Protection of Livestock) Act 1953 (c. 28) | |||
Offences under section 1(1) (owning or keeping a dog which worries livestock). | Section 1(6) (as amended by Schedule 3 to the Criminal Justice Act 1967). | £20 for a first offence and £50 for a second or subsequent offence in respect of the same dog. | £200. |
. . . F79 | . . . F79 | . . . F79 | . . . F79 |
Pests Act 1954 (c. 68) | |||
Offences under section 8(1) (restrictions on unlawful spring traps). | Section 8(2). | £20 for a first offence and £50 for a second or subsequent offence. | £200. |
Offences under section 9(1) (open trapping of hares and rabbits). | Section 9(2). | £20, or, if the offender has been previously convicted as mentioned in section 9(2), £50. | £200. |
Offences under section 12 (spreading of myxomatosis). | Section 12. | £20 for a first offence and £50 for a second or subsequent offence. | £200. |
. . . F80 | . . . F80 | . . . F80 | . . . F80 |
. . . F81 | . . . F81 | . . . F81 | . . . F81 |
. . . F82 | . . . F82 | . . . F82 | . . . F82 |
Street Offences Act 1959 (c. 57) | |||
Offences under section 1 (loitering or soliciting for purposes of prostitution). | Section 1(2). | £10 for a first offence and £50 for a second or subsequent offence. | £50 for a first offence and £200 for a second or subsequent offence. |
Mental Health Act 1959 (c. 72) | |||
Offences under section 20(2) (breach of a condition of the registration of a residential home). | Section 20(2) (as amended by Schedule 3 to the Criminal Justice Act 1967). | £20. | £500. |
. . . F83 | . . . F83 | . . . F83 | . . . F83 |
Animals (Cruel Poisons) Act 1962 (c. 26) | |||
Offences under section 1 (offences in connection with use of prohibited poison for destroying animals). | Section 1 | £50. | £200. |
Education (Scotland) Act 1962 (c. 47) | |||
Offences under the following provisions— | Section 43(1) (as amended by Schedule 3 to the Criminal Justice Act 1967). | £10 for a first offence and £20 for a second or subsequent offence. | £50. |
section 35(1) (failure by parent to secure regular attendance by his child at a public school); | |||
section 41 (failure to comply with requirements of school attendance order); | |||
section 42(3) (refusal to allow medical officer of appropriate Health Board to examine child). | |||
Deer Act 1963 (c. 36) | |||
Any offence under the Act. | Section 8. | £20 for a first offence and £50 for a second or subsequent offence. | £500. |
Licensing Act 1964 (c. 26) | |||
. . . F84 | . . . F84 | . . . F84 | . . . F84 |
Offences under section 174(2) (refusal of person who is drunk etc. to leave licensed premises on request). | Section 174(2). | £5. | £25. |
F85. . . | |||
. . . F86 | . . . F86 | . . . F86 | . . . F86 |
Housing (Scotland) Act 1966 (c. 49) | |||
Offences under section 110(1)(a) and (b) (failure to comply with notice requiring execution of works) where committed in respect of a notice served under section 107 (provision of means of escape from fire). | Section 110(1)(a) and (b). | £100. | £500. |
Road Traffic Regulation Act 1967 (c. 76) | |||
Offences under section 13(4) (Contravention of provisions as to use of special roads). | Section 13(4) (as amended by Part II of Schedule 5 to the Road Traffic Act 1974). | £100. | £500. |
Police (Scotland) Act 1967 (c. 77) | |||
Offences under section 41(1) (assaults on constables etc), where the offender has not, within the period of two years immediately preceding the offence, been convicted of an offence against the section. | Section 41(1). | £50. | £500. |
Sea Fisheries (Shellfish) Act 1967 (c. 83) | |||
Offences under section 7(4) (using prohibited fishing implements etc. in an area of fishery or oyster bed to which section applies). | Section 7(4). | £2 for a first offence, £5 for a second offence and £10 for a third or subsequent offence. | £200. |
Abortion Act 1967 (c. 87) | |||
Offences under section 2(3) (contravening or failing to comply with regulations as to notification). | Section 2(3). | £100. | £1000. |
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) | |||
Offences under the following provisions— | Section 7(1). | £100 for a first offence and £200 for a second or subsequent offence. | £500. |
section 1(1) (prevention of unnecessary pain and distress to livestock); | |||
section 2(2) (breach of regulations with respect to welfare of livestock). | |||
Social Work (Scotland) Act 1968 (c. 49) | |||
Offences under section 6(5) (obstructing officer in exercise of power under section 6). | Section 6(5). | £10 for a first offence and £50 for a second or subsequent offence. | £500. |
Offences under section 60(3) (failure to comply with regulation etc. in respect of the control of residential and other establishments). | Section 60(3). | £50. | £500. |
Offences under section 61(3) (carrying on establishment without registration). | Section 61(3). | £50 for a first offence and £100 for a second or subsequent offence. | £500. |
Offences under section 62(6) (failure to comply with a condition of the registration of an establishment). | Section 62(6). | £50 for a first offence and £100 for a second or subsequent offence. | £500. |
Offences under section 65(4) (obstructing officer in exercise of power under section 65). | Section 65(4). | £10 for a first offence and £50 for a second or subsequent offence. | £500. |
Gaming Act 1968 (c. 65) | |||
Offences under section 8(5) (gaming in a street or public place). | Section 8(5). | £50. | £500. |
. . . F87 | . . . F87 | . . . F87 | . . . F87 |
Late Night Refreshment Houses Act 1969 (c.53) | |||
Offences under section 9(4) (refusal of person who is drunk, etc. to leave licensed late night refreshment house on request). | Section 11(3). | £5. | £25. |
Employers’ Liability (Compulsory Insurance) Act 1969 (c.57) | |||
Offences under section 4(3) (offences in relation to certificates of insurance). | Section 4(3). | £50. | £200. |
Offences under section 5 (employer failing to insure employee). | Section 5. | £200. | £500. |
Conservation of Seals Act 1970 (c. 30) | |||
Any offence under the Act, except an offence under section 11(7). | Section 5(2). | £50 for a first offence and £100 for a second or subsequent offence. | £500. |
Misuse of Drugs Act 1971 (c. 38) | |||
Offences under section 17(3) (failure to comply with notice requiring information relating to prescribing supplying etc. of drugs) | Schedule 4. | £100. | £200. |
Road Traffic Act 1972 (c. 20) | |||
Offences under section 3 (careless, and inconsiderate, driving). | Part I of Schedule 4 (as amended by Part III of Schedule 5 to the Road Traffic Act 1974). | £200. | £500. |
Poisons Act 1972 (c. 66) | |||
Any offence under section 8(1) (contravention of provisions of sections 1 to 7, other than section 6(4), or of the Poisons Rules). | Section 8(1). | £50. | £500. |
Offences under section 6(4) (using title etc. falsely to suggest entitlement to sell poison). | Section 6(4) | £20. | £50. |
Offences under section 9(8) (obstructing an inspector etc.). | Section 9(8). | £5. | £50. |
Health and Safety at Work etc. Act 1974 (c.37) | |||
Offences under the following provisions— | Section 33(2). | £400. | £1,000. |
section 33(1)(d) (contravening requirement imposed by or under section 14 or obstructing any person in exercise of his powers under section 14); | |||
section 33(1)(e) (contravening requirement imposed by inspector) where the requirement contravened was imposed under section 20; | |||
section 33(1)(f) (preventing etc. any other person from appearing before inspector); | |||
section 33(1)(h) (intentionally obstructing an inspector); | |||
section 33(1)(n) (falsely pretending to be an inspector). | |||
Control Of Pollution Act 1974 (c. 40) | |||
Offences under section 78(1) (burning insulation from a cable). | Section 78(2) (as substituted by the Clean Air Enactments (Repeals and Modifications) Regulations 1974). | £400. | £1,000. |
F88. . . | |||
F89. . . | |||
F89. . . | F89. . . | F89. . . | F89. . . |
F89. . . | F89. . . | F89. . . | F89. . . |
F89. . . | F89. . . | F89. . . | F89. . . |
. . . F90 | . . . F90 | . . . F90 | . . . F90 |
Salmon and Freshwater Fisheries Act 1975 (c. 51) | |||
Offences against any provision of the Act not specified in the Table in Part I of Schedule 4. | Paragraph 1(2) of Schedule 4. | £50 for a first offence and £100 for a second or subsequent offence. | £500. |
Offences under section 1 (fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish) if not acting with another. | The Table in Part I of Schedule 4. | £50 for a first offence and £100 for a second or subsequent offence. | £500. |
Offences under section 19(2) (fishing for salmon during the annual close season or weekly close time). | The said Table. | £100 for a first offence and £200 for a second or subsequent offence. | £500. |
Offences under section 19(4) (fishing for trout during the annual close season or weekly close time). | The said Table. | £100 for a first offence and £200 for a second or subsequent offence. | £500. |
Offences under section 19(6) (fishing for freshwater fish during the annual close season for freshwater fish and fishing for eels by means of a rod and line during that season). | The said Table. | £100 for a first offence and £200 for a second or subsequent offence. | £500. |
Offences under section 19(7) (fishing for rainbow trout during the annual close season for rainbow trout and fishing for eels by means of a rod and line during that season). | The said Table. | £100 for a first offence and £200 for a second or subsequent offence. | £500. |
Offences under section 21 (prohibition on use of certain devices at certain times). | The said Table. | £100 for a first offence and £200 for a second or subsequent offence. | £500. |
Offences under section 27 (fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing) if not acting with another. | The said Table. | £50 for a first offence and £100 for a second or subsequent offence. | £500. |
Prevention of Terrorism (Temporary Provisions) Act 1976 (c . 8) | |||
Offences under section 2(1) (display of support in public for a proscribed organisation). | Section 2(1). | £400. | £1,000. |
Offences under paragraph 1(9) of Schedule 3 (contravention of order under section 13). | Paragraph 1(9) of Schedule 3. | £200. | £500. |
X2SCHEDULE 7 Transfer of Fine Orders
The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Scotland
F72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
SCHEDULE 8 . . . F9
Sch. 8 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 9
X3SCHEDULE 9 Matters Ancillary to Section 47
The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 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.
Probation orders
1
Where a court makes an order under section 47(1) above with respect to a sentence of imprisonment, it shall not make a probation order in the offender’s case in respect of another offence of which he is convicted by or before that court, or for which he is dealt with by that court.
Courts competent to restore sentence held in suspense
2
1
In relation to a sentence of imprisonment part of which is held in suspense, the courts competent under section 47(3) above are—
a
the Crown Court; and
b
where the sentence was passed by a magistrates’ court, any magistrates’ court before which the offender appears or is brought.
2
Where an offender is convicted by a magistrates’ court of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the whole period of a sentence passed by the Crown Court with an order under section 47(1) above—
a
it may, if it thinks fit, commit him in custody or on bail to the Crown Court; and
b
if it does not, it shall give written notice of the conviction to the appropriate officer of that court.
3
For the purposes of this and the next following paragraph, a sentence of imprisonment passed on an offender with an order under section 47(1) above shall be treated as having been passed (with such an order) by the court which originally sentenced him.
Recall of offender on re-conviction
3
1
If it appears to the Crown Court, where that court has jurisdiction in accordance with sub-paragraph (2) below, or to a justice of the peace having jurisdiction in accordance with that sub-paragraph that an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the whole period of a sentence passed with an order under section 47(1) above and that he has not been dealt with in respect of the part of the sentence held in suspense, that court or justice may, subject to the following provisions of this paragraph, issue a summons requiring the offender to appear at the place and time specified therein, or a warrant for his arrest.
2
Jurisdiction for the purposes of sub-paragraph (1) above may be exercised—
a
if the sentence was passed by the Crown Court, by that court;
b
if it was passed by a magistrates’ court, by a justice acting for the area for which that court acted.
3
Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the whole period of a sentence passed in England and Wales with an order under section 47(1) above, the court shall give written notice of the conviction to the appropriate officer of the court by which the original sentence was passed.
4
Unless he is acting in consequence of a notice under sub-paragraph (3) above, a justice of the peace shall not issue a summons under this paragraph except on information and shall not issue a warrant under this paragraph except on information in writing and on oath.
5
A summons or warrant issued under this paragraph shall direct the offender to appear or to be brought before the court by which the original sentence of imprisonment was passed. F10
Consecutive sentences of imprisonment
3A
1
This paragraph applies where—
a
an offender is serving consecutive sentences of imprisonment; and
b
at least one of the sentences was passed with an order under section 47(1) of this Act.
2
Where this paragraph applies the offender shall, so far as the consecutive sentences are concerned, be treated for the purposes—
a
of computing the date when he should be released from prison; and
b
of calculating the term of imprisonment liable to be restored under section 47(3) of this Act,
as if he had been sentenced to a single term of imprisonment with an order under section 47(1) of this Act of which the part which he is immediately required to serve in prison were the aggregate—
i
of the part which he is required to serve in prison of any consecutive sentence passed with an order under section 47(1) of this Act; and
ii
of the whole term of any other consecutive sentence,
and of which the part which is held in suspense were the aggregate of all parts of the sentences which were ordered to be held in suspense under that section.
3
Section 47(6) of this Act shall have effect, in relation to any consecutive sentence passed with an order under section 47(1) of this Act, as if for the words following the word “prison” there were substituted the following words
if—
a
none of the sentences to which he is subject had been passed with an order under subsection (1) above; and
b
he had not had, in respect of any sentence passed with such an order, any remission under section 25(1) of the Prison Act 1952 (industry and good conduct in prison).
4
In this paragraph “a consecutive sentence” means a sentence which is one of two or more sentences of imprisonment the terms of which have been ordered to run consecutively.
Miscellaneous (procedural)
4
Where the offender is before the Crown Court with a view to the exercise by that court of its powers under section 47(3) above, any question whether and, if so, when he has been convicted of an offence shall be determined by the court and not by the verdict of a jury.
5
Where the offender has been before a court with a view to its exercising those powers, the appropriate officer shall—
a
if the court decided not to exercise the powers, record that fact; and
b
whether or not it exercised them, notify the appropriate officer of the court which passed the original sentence as to the manner in which the offender was dealt with.
6
For the purposes of any enactment conferring rights of appeal in criminal cases, the restoration by a court under section 47(3) above of a part of a sentence held in suspense shall be treated as a sentence passed on the offender by that court for the original offence, that is to say the offence for which the original sentence was passed with an order under section 47(1) above.
Miscellaneous (consequential)
7
F11Subject to section 60(1C) of the Criminal Justice Act 1967 (release on licence), where a sentence of imprisonment is passed with an order under section 47(1) above, it is still to be regarded for all purposes as a sentence of imprisonment for the term stated by the court, notwithstanding that part of it is held in suspense by virtue of the order; and, for the avoidance of doubt, a sentence of which part is held in suspense by virtue of such an order is not to be regarded as falling within the expression “suspended sentence” for the purposes of any legislation, instrument or document.
8
Where an offender is sentenced to imprisonment with an order under section 47 above and, having served part of the sentence in prison, is discharged under section 25(1) of the M4Prison Act 1952 (remission for industry and good conduct), the remainder of the sentence being held in suspense, the sentence is not to be regarded as expiring under that section.
9
In section 21 of the M5Firearms Act 1968 (prohibition on possession of firearms by persons previously convicted of crime), after subsection (2) there shall be inserted—
2A
For the purposes of section (2) above, “the date of his release”, in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977, is the date on which he completes service of so much of the sentence as was by that order required to be served in prison
10
11
In section 1 of the M7Rehabilitation of Offenders Act 1974 (general principle as to rehabilitation when conviction is spent), after subsection (2) there shall be inserted—
2A
Where in respect of a conviction a person has been sentenced to imprisonment with an order under under section 47(1) of the Criminal Law Act 1977, he is to be treated for the purposes of subsection (2) above as having served the sentence as soon as he completes service of so much of the sentence as was by thet order required to be served in prison
SCHEDULE 10 . . . F13
Sch. 10 repealed by Coroners Act 1988 (c. 13), s. 326(2), Sch. 4
X4F25SCHEDULE 11 Amendments of Criminal Procedure (Scotland Act) 1975]
The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 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.
Sch. 11 repealed (S.) (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch.5.
F141
There shall be inserted after section 193 a new section as follows—
193A Fines on conviction on indictment to be without limit.
Where a person convicted on indictment of any offence (whether triable only on indictment or triable either on indictment or summarily) would, apart from this section, be liable to a fine not exceeding a specified amount, he shall by virtue of this section be liable to a fine of any amount]
F152
There shall be inserted after section 283 a new section as follows—
283A Offences which are to become triable only summarily.
1
The provision of this or any other enactment notwithstanding, the offences mentioned (and broadly described) in column 1 of Schedule 7A to this Act shall be triable only summarily.
2
Subsection (1) above is without prejudice to any other provision by virtue of which any offence is triable only summarily.]
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
F174
1
In section 289(a), for “£150” there shall be substituted “the prescribed sum (within the meaning of section 289B below)”.
2
In section 289(b) for “£150” there shall be substituted “the prescribed sum (within the meaning of section 289B below)]”.
F185
There shall be inserted after section 289 new sections as follows—
289A Amendments relating to penalties (and mode of trial) for offences made triable only summarily.
1
The enactments specified in column 2 of Schedule 7A to this Act (which relate to the modes of, and the maximum penalties for, the offences which are by section 283A of this Act made triable only summarily) shall so far as they relate to Scotland have effect subject to the amendments specified in column 3 of that Schedule.
2
The said amendments have the effect of altering the maximum penalties available on summary conviction of those offences as well as making alterations consequential on their becoming triable only summarily; and in that Schedule column 4 shows the present maximum penalties by way of fine or imprisonment on summary conviction and on conviction on indictment, and column 5 shows the new maximum penalties resulting from the amendments.
289B Penalties on summary conviction for offences triable either summarily or on indictment.
1
Where any offence created by a relevant enactment may by virtue of that enactment be tried either on indictment or summarily, the maximum fine if it is tried summarily shall be the prescribed sum (unless the offence is one for which by virtue of some other enactment a larger fine may be imposed on summary conviction).
2
Where, by virtue of a relevant enactment, a person summarily convicted of any offence to which subsection (1) above relates would, apart from this section, be liable to a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
3
Subsection (1) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.
4
Where, as regards any offence to which subsection (1) above relates, there is under any enactment (in whatever words) a power by subordinate instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence—
a
subsection (1) above shall not affect that power or override any restriction imposed in exercise of that power; and
b
the amount to which that fine may be restricted in exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed.
5
Where there is under a relevant enactment (in whatever words) a power by subordinate instrument to create a criminal offence—
a
the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of such an offence, when that offence may be tried either on indictment or summarily, shall by virtue of this subsection be the prescribed sum unless some larger maximum fine can be authorised on summary conviction in respect of such an offence by virtue of an enactment other than this subsection; and
b
subsection (1) above Shall not override any restriction imposed in the exercise of that power on the amount of the fine which on summary conviction can be imposed in respect of an offence created in the exercise of the power.
6
In this section—
“the Prescribed sum” means £1,000 or such sum as is for the time being substituted in this definition bv an order in force under section 289D(1) below;
“relevant enactment” means an enactment contained in the Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same Session as, that Act.
7
Schedule 7B to this Act shall have effect for the purpose of altering the penalties available on summary conviction of the offences therein mentioned; and subsection (1) above shall not apply on summary conviction of any of the offences mentioned in paragraph 1(2) of the said Schedule 7B.
298C Increase of fines for certain summary convictions.
1
The enactments specified in column 2 of Schedule 7C to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule, so however that the preceding provision shall not alter the maximum daily fine, if any, provided for by any of those enactments.
2
This subsection applies to the following enactments (by virtue of which certain byelaws may make persons contravening the byelaws liable on summary conviction to a fine not exceeding £20), namely—
a
section 203 of the Local Government (Scoland) Act 1973 (offences against byelaws) but (the provisions of section 462(11) of this Act notwithstanding) not that section as applied to byelaws made under any provision contained in a local or private Act other than by a local authority; and
b
paragraph 5 of Schedule 6 to the Weights and Measures Act 1963 (byelaws about solid fuel), including that paragraph as extended to wood fuel by paragraph 4 of Part IV of Schedule 7 to that Act.
3
In the enactments to which subsection (2) above applies for any reference to £20 there shall be substituted a reference to £50 and any provision in force at the coming into force of this subsection which—
a
is contained in any byelaw made by virtue of any enactment to which subsection (2) above applies; and
b
specifies £20 as the maximum fine which may be imposed on summary conviction in respect of a contravention of, or offence under, any byelaw mentioned in that provision.
shall have effect as if it specified £50 instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides).
4
This subsection applies to any pre-1949 enactment (however framed or worded) which—
a
as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act); or
b
confers power by subordinate instrument to make a person as regards any summary offence (whether or not created by the instrument), liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act).
5
Every enactment to which subsection (4) above applies shall have effect as if for the specified amount less than £50 there mentioned there were substituted:—
a
£25 if the specified amount is less than £20; or
b
£50 if the specified amount is not less than £20.
6
Where, by virtue of any enactment to which subsection (4) above applies by virtue of paragraph (a) of that subsection, a person convicted of a summary offence would, apart from this section, be liable to a fine, or maximum fine, of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions.
7
Subsection (5) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.
8
In subsection (4) above “pre-1949 enactment” means an enactment passed before 1st January 1949 or an enactment passed on or after that date which (whether directly or, through successive re-enactments, indirectly) re-enacts with or without modification an enactment passed before that date.
9
In this section “enactment” does not include an enactment contained in an order, regulation or other instument made under an Act.
289D Power to alter sums specified in certain provisions.
1
If it appears to the Secretary of State that there has been a change in the value of money since the last occasion when the prescribed sum (within the meaning of section 289B above) was fixed (whether by the coming into force of a provision of this Act or by order under this subsection), the Secretary of State may by order substitute for that sum such other sum as appears to him justified by the change.
2
Where is appears to the Secretary of State that the difference between a sum to which subsection (3) below applies and the prescribed sum (within the meaning of section 289B above) has been or would be altered or eliminated by an order made or proposed to be made under subsection (1) above, he may by order amend the enactment specifying the first-mentioned sum so as to substitute for that sum such other sum as appears to him to be justified by a change in the value of money appearing to him to have taken place between—
a
the last occasion on which the sum in question was fixed; and
b
the making of the order or proposed order under subsection (1) above.
3
This subsection applies to any sum specified in any enactment contained in the Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same Session as, that Act as—
a
the maximum fine which may be imposed on summary conviction of an offence triable either summarily or on indictment;
b
the maximum fine which, in the exercise of any power by subordinate instrument to impose penal provisions, may be authorised on summary conviction in respect of an offence triable either summarily or on indictment; or
c
the maximum amount of caution which an accused may be ordained to find under section 284(c) above.
4
An order under subsection (1) or (2) above—
a
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder, and
b
without prejudice to Schedule 14 to the Criminal Law Act 1977, shall not affect the punishment for an offence committed before that order comes into force.]
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
F207
For section 394(b) there shall be substituted the following paragraph—
b
to substitute for imprisonment a fine which in the case of an offence triable either summarily or on indictment shall not exceed the prescribed sum (within the meaning of section 289B above), and in the case of an offence triable only summarily shall not exceed £200 (in either case, with or without caution for good behaviour, not exceeding the amount and the period competent under this Part of this Act):]
F218
F229
In section 414(1) after the word “convicted” there shall be inserted the words “summarily by a sheriff or stipendiary magistrate]”.
F2310
In section 462, in the interpretation of “fine” there shall be inserted after the word “includes” the words “(a) any pecuniary penalty, and (b)]”.
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
X8SCHEDULE 12 Minor and Consequential Amendments
The text of ss. 15(3), 37, 44, 53, 58, Schs. 1, 5, 6, 7, 9, 11, 12 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.
NIGHT POACHING ACT 1828 (C. 69)
1
In section 2 (assaults by persons committing offences under the Act), for the words from “whether it be” onwards substitute “be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding £500, or both”.
2
In section 9 (entering land, with others, armed and for the purpose of taking or distroying game or rabbits), for the words from “at the discretion of the court” onwards substitute “on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both”.
METROPOLITAN POLICE COURTS ACT 1839 (C. 71)
Section 24 (offence of possessing stolen goods without a satisfactory explanation) shall cease to have effect.
ACCESSORIES AND ABETTORS ACT 1861 (C. 94)
In section 8 (abettors in misdmeanors,) for “any misdemeanor” substitute “any indictable offence”, and for “a misdemeanor” substitute “an offence”.
OFFENCES AGAINST THE PERSON ACT 1861 (C. 100)
For section 16 (sending letters threatening to murder) substitute—
16 Threats to kill.
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding ten years.
PUBLIC STORES ACT 1875 (C. 25)
Section 7 (offences of possessing, without a satisfactory explanation public stores suspected of being stolen) and section 9 (offence, applicable to certain dealers and others, of possessing, without a satisfactory explanation, property reasonabley believed to be public stores) shall cease to have effect.
EXPLOSIVE SUBSTANCES ACT 1883 (C. 3)
In section 3(1) (attempt to cause explosion, or making or keeping explosive, with intent to endanger life or property in the United Kingdom or the Republic of Ireland), for “a term not exceeding twenty years” substitute “life”.
CORONERS ACT 1877 (c. 71)
Section 4(2) (duty of coroner to take depositions in a case of murder or manslaughter) shall cease to have effect.
CHILDREN ACT 1948 (c.43)
In section 29(5)(carrying on an unregistered voluntary home) omit the words from “and to a further fine” onwards (which provide for a fine of £2 in respect of each day during which an offence under the subsection continues after conviction).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
Entries relating to Criminal Justice Act 1948 (c. 58) repealed by Crimninal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27
Entry relating to Representation of the People Act 1949 repealed by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
Entries relating to Prison Act 1952 (c. 52), repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29
Entries relating to Magistrates' Courts Act 1952 repealed by Magistrates' Court Act 1980 (c. 43, SIF 82), Sch. 9
BIRTHS AND DEATHS REGISTRATION ACT 1953 (c. 20)
In section 29(4) (correction of error in register resulting from error in information given by a coroner’s certificate), for the words preceding “the coroner, if satisfied”, substitute—
4
Where—
a
an error of fact or substance (other than an error relating to the cause of death) occurs in the information given by a coroner’s certificate concerning a dead body upon which or a death touching which he has held an inquest; or
b
such an error relating to the cause of death occurs in the information given by a coroner’s certificate issued under section 20(4) of the Coroners (Amendment) Act 1926 in the case of an inquest which was adjourned in compliance with section 20(1) of that Act (adjournment in cases of murder etc. or at request of D.P.P.) but was subsequently resumed,
SEXUAL OFFENCES ACT 1956 (C.69)
1
A prosecution for an offence to which paragraph 14 or 15 (incest and attempts thereat) of Part II of Schedule 2 (table of offences with mode of prosecution) relates shall not be commenced except by or with the consent of the Director of Public Prosecutions; and accordingly in sub-paragraph (a) and (b) of each of those paragraphs, in the second column, for the words from “without” to “behalf” substitute “except by or with the consent”.
2
In paragraphs 17 and 18 of the said Part II (indecent assault)—
a
for sub-paragraph (ii)in the second column substitute—
ii
summarily (by virtue of section 16(2) of the Criminal Law Act 1977).
b
in the third column, for the words “As provided” to “or both)” substitute—
As provided by section 28(1) of that Act (that is to say six months or the prescibed sum within the meaning of that section, or both).
ADOPTION ACT 1958 (7&8 Eliz.2.c.5.)
In section 50 (prohibition of certain payments), after subsection (3) insert—
3A
This section does not apply to—
a
any payment made by an adoption agency to a person who has applied or proposes to apply to a court for an adoption order or an order under section 53 of this Act (provisional adoption orders), being a payment of or towards any legal or medical expenses incurred or to be incurred by that person in connection with the application; or
b
any payment made by an adoption agency to another adoption agency in consideration of the placing of a child in the actual custody of any person with a view to the child’s adoption; or
c
any payment made by an adoption agency to a voluntary organisation for the time being approved for the purposes of this paragraph by the Secretary of State as a fee for the services of that organisation in putting that adoption agency into contact with another adoption agency with a view to the making of arrangements between the adoption agencies for the adoption of a child,
and never has applied to payments of the kinds mentioned in paragraphs (a) and (b) of this subsection.
In paragraph (c) of this subsection “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.
OBSCENE PUBLICATIONS ACT 1959 (c. 66)
In section 3(3) (powers of search and seizure) at end add—
Provided also that this subsection does not apply in relation to any article seized under subsection (1) of this section which is returned to the occupier of the premises or, as the case may be, to the user of the stall or vehicle in or on which it was found.
CRIMINAL JUSTICE ACT 1961 (c. 39)
1
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2
1
Section 26 (transfer of prisoner to serve sentence) shall be amended as follows.
2
In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)—
a
after “to another part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”; and
b
for “in that part of the United Kingdom” substitute “there”.
3
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3
1
Section 28 (transfer of prisoner for trial) shall be amended as follows.
2
In subsection (1) (power of responsible Minister to order transfer from one part of the United Kingdom to another)—
a
after “to another part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”; and
b
after “that other part” insert “or that island”.
3
After subsection (1) insert—
1A
If it appears to the Secretary of State that a person serving a sentence of imprisonment or detention in any of the Channel Islands or the Isle of Man should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.
4
In subsection (2) (treatment of transferred prisoner while he remains in the part of the United Kingdom to which he has been transferred under subsection (1)), omit “subsection (1) of” and after “United Kingdom” insert “or island”.
5
In subsection (3) (transfer back after trial)—
a
after “subsection (1)”, wherever occurring, insert “or (1A)”;
b
after “Minister” insert “(in the case of a person so transferred to any part of the United Kingdom) or the Secretary of State (in the case of a person so transferred to any of the Channel Islands or the Isle of Man)”; and
c
after “country”, wherever occurring, insert “or island”.
4
1
Section 29 (removal of detained person in the interests of justice or for the purposes of a public inquiry) shall be amended as follows.
2
In subsection (1) (power of responsible Minister to direct removal from one place to another within the United Kingdom), after “other part of the United Kingdom” insert “or in any of the Channel Islands or the Isle of Man”.
3
After subsection (1) insert—
1A
If the Secretary of State is satisfied, in the case of a person detained in any of the Channel Islands or the Isle of Man in a prison, remand centre or detention centre, that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.
4
In subsection (2), for “responsible Minister” substitute “Minister by whom that direction is given”.
5
In section 39(1) (interpretation) in paragraph (b) of the definition of “responsible Minister” for “the Minister of Home Affairs for Northern Ireland” substitute “the Secretary of State”.
LICENSING ACT 1964 (c. 26)
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2
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HOUSING ACT 1964 (c. 56)
In section 65, after subsection (1) (penalty for failure to comply with notice requiring execution of works under Part II of M10Housing Act 1961 insert—
1A
In the case of an offence under subsection (1) above committed in respect of a notice served under section 16 of the Act of 1961, that subsection shall have effect with the substitution of the words “£500” for the words “one hundred pounds” in paragraphs (a) and (bb).
HOUSING (SCOTLAND) ACT 1966 (c. 49)
In section 110, after subsection (1) (penalty for failure to comply with notice requiring execution of works) insert—
1A
In the case of an offence under subsection (1) above committed in respect of a notice served under section 107 of this Act, that subsection shall have effect with the substitution of the words “£500” for the words “one hundred pounds” in paragraphs (a) and (b).
CRIMINAL LAW ACT 1967 (c. 58)
In section 2(1) (under which an offence carrying a sentence of five years imprisonment or more is an arrestable offence) after “five years” insert “(or might be so sentenced but for the restrictions imposed by section 29 of the Criminal Law Act 1977)” and at the end add—
The said restrictions are those which apply where, in pursuance of subsection (2) of section 23 of the said Act of 1977 (certain offences to be tried summarily if value involved is small) a magistrates’ court summarily convicts a person of a scheduled offence within the meaning of the said section 23.
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Entries relating to Road Traffic Regulation Act 1967 repealed (E.W.S.) by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), ss. 143, 144, 146, Sch. 14, and repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3
CRIMINAL JUSTICE ACT 1967 (C. 80)
1
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2
In section 22, as amended by paragraph 37 of Schedule 2 to the M11Bail Act 1976, (extension of power of High Court to grant, or vary conditions of, bail)—
a
in subsection (1) and (2) for “inferior court” substitute “magistrates’ court”; and
b
in subsection (4) omit “ “inferior court” means a magistrates’, court or a coroner and”.
3
In section 23(2) (requirements as to bringing before a justice of the peace or court a person arrested after admission to bail), after paragraph (b) insert—
In reckoning for the purposes of this subsection any period of twenty-four hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
4
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5
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6
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7
1
Section 60 (release on license of persons serving determinate sentences) shall be amended as follows—
2
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3
After subsection (5) insert—
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
in the case of a licence granted under subsection (1) of this section to a person who was under the age of twenty-one when sentence was passed on him and is released on licence before attaining the age of twenty-two—
i
if the date on which he attains the age of twenty-two is earlier than the remission date, the remission date;
ii
if the date on which he attains the age of twenty-two is not earlier than the remission date, the date on which he attains the age of twenty-two or the date of the expiration of the sentence , whichever is the earlier;
c
in the case of a licence granted by virtue of subsection (3)(b) of this section to a person who was under the age of twenty-one when sentence was passed on him, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier;
d
in a case not within any of the preceding paragraphs, the remission date.
In this subsection “the remmission 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 on any part of the sentence under the rules.
4
In subsection (6) (duration of a licence, after “this section” insert “in Scotland” and, in paragraph (a), omit the words from “to a person” where they first occur to “or”.
5
Omit subsection (8)(d).
6
The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.
8
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9
in subsection 91 (drunkeness in a public place) omit subsection (5).
COMPANIES ACT 1967 (c. 81)
1
In subsection 49(1) (certain offences to be triable summarily), after “triable” insert “only”.
2
Paragraph 1 above shall be deemed to have had an effect as from the passing of the M12Companies Act 1967.
FIREARMS ACT 1968(c. 27)
For paragraph 3 of Part II of Schedule 6 (under which a person charged with an offence specified in Schedule 1 to the Magistrates’ Courts Act 1952 and an offence under section 17(1) or (2) of the Firearms Act 1968 (using firearm to resist arrest, and possessing firearm while committing certain offences) may not be tried summarily for the former if he is sent for trial for the latter) substitute the following paragraph—
3
1
Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in Schedule 3 to the Criminal Law Act 1977 (“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply.
2
Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and sections 19 to 24 of the said Act of 1977 (procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence.
3
If the court determines not to commit the accused for trial in respect of the offence under section 17(1) or (2), or if proceedings before the court for that offence are otherwise discontinued, the preceding sub-paragraph shall cease to apply as from the time when this occurs and—
a
if at that time the court has not yet begun to inquire into the listed offence as examining justices, the court shall, in the case of the listed offence, proceed in the ordinary way in accordance with the said sections 19 to 24; but
b
if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with section 25(3) and (4) of the said Act of 1977 to change to summary trial with the accused’s consent.
THEFT ACT 1968 (c. 60)
In section 28(1) (orders for the restitution of stolen goods), after “on the conviction” insert “(whether or not the passing of sentence is in other respects deferred)”.
GAMING ACT 1968 (c.65)
In section 8(7) (offences) for “section 67” substitute “section 68”.
CHILDREN AND YOUNG PERSONS ACT 1969 (c.54)
F411
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2
In section 13(3) (selection of supervisor for person placed under supervision of probation officer), omit the words from “or if,” to “place” (which provide for the selected officer to be changed at the instance of the case committee).
F423
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4
In section 16(10) (meaning of “ attendance centre order” etc. for purposes of section 15(4)(a))—
a
after “In”, where it first occurs, insert “
paragraph (b) of subsection (2A) and
”
;
F43b
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F43c
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5
In paragraph 6 of Schedule 4 (restriction on power to make attendance centre order), at the end add “
other than one consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction
”
.
6
Paragraphs 1 and 3 above, and any related repeal provided for in Schedule 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those paragraphs.
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Entries relating to Road Traffic Act 1972 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 Pt. I
FINANCE ACT 1972 (C. 41)
Paragraph 9 of Schedule 6 (right of members of value added tax tribunals to refuse to serve on juries) shall cease to have effect as regards juries in England and Wales.
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Entries relating to Criminal Justice Act 1972 (c. 71) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9
ADMINISTRATION OF JUSTICE ACT 1973 (c. 15)
1
In section 9(4) (abatement of salaries of holders of certain judicial offices, including the stipendiary magistrates mentioned in subsection (1)(e) and (f), by reference to pensions payable in respect of any public office in the United Kingdom or elsewhere), after “United Kingdom or” insert “, except as respects any holder of judicial office mentioned in subsection (1)(e) or (f) above,”.
2
Paragraph 1 above shall be deemed to have had effect as from the passing of the Administration of Justice Act 1973.
POWERS OF CRIMINAL COURTS ACT 1973 (c. 62)
1
1
Section 1 (deferment of sentence) shall be amended as follows.
2
In subsection (2) (under which passing sentence may not be deferred for more than six months after the date of the conviction), for “of the conviction” substitute “on which the deferment is announced by the court”.
3
After subsection (4) (power of deferring court to pass sentence on offender during period of deferment if he is convicted in Great Britain of another offence) insert—
4A
If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence (“the subsequent offence”), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, pass sentence on him for the first-mentioned offence,or offences:
Provided that—
a
the power conferred by this subsection shall not be exercised by a magistrates’ court if the court which deferred passing sentence was the Crown Court; and
b
the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates’ court, shall not pass any sentence which could not have been passed by a magistrates’ court in exercising it.
4
In subsection (5) (summons to, or warrant for arrest of, offender where the passing of sentence has been deferred) for “it” substitute “or where the offender does not appear on the date so specified, the court”.
5
For sub-section (6) (which, where the trial of an information is adjourned by way of deferment under the section, excludes the obligation to remand the offender which would in certain circumstances be imposed by section 14(4) of the M15 Magistrates’ Courts Act 1952) substitute—
6
It is hereby declared that in deferring the passing of sentence under this section a magistrates’ court is to be regarded as exercising the power of adjourning the trial which is coferred by section 14(1) of the Magistrates’ Courts Act 1952, and that accordingly section 15 of that Act (non-appearance of the accused) applies (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above.
6A
Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.
6
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2
For section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—
b
where the order requires the offender to reside in an approved probation hostel or any other institution, the period for which he is so required to reside shall be specified in the order.
3
In section 9(1) (breach of conditional discharge by young offenders)—
a
for the words from “not being” to “1952” substitute “triable only on indictment in the case of an adult.”;
b
for the words from “such an offence” onwards substitute “an offence triable either way and had been tried summarily.”.
4
In section 15(2) (period within which work under a community service order is to be performed), at the end add “; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.”.
5
In section 17(3) (power of Crown Court to revoke or vary community service orders), for the words from the beginning to “and it appears to the Crown Court” substitute—
3
Where an offender in respect of whom such an order is in force—
a
is convicted of an offence before the Crown Court; or
b
is committed by a magistrates’ court to the Crown Court for sentence and is brought or appears before the Crown Court; or
c
by virtue of subsection (2)(b) above is brought or appears before the Crown Court,
and it appears to the Crown Court
F466
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F477
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F488
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F499
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10
Paragraph 3(2)(b) of Schedule 1 (which precludes a supervising court from amending a probation order so as to require residence in an institution for more than twelve months in all) shall be omitted.
F5011
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Entries relating to Legal Aid Act 1974 repealed by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45, Sch. 6
JURIES ACT 1974 (c. 23)
In Schedule 1, in group B (which disqualifies from jury service persons concerned with the administration of justice) for “Civilians employed for police purposes by a police authority” substitute “Civilians emoloyed for police purposes under section 10 of the M13Police Act 1964.”
HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)
In section 15(6)(d) (power to restrict punishments which can be imposed in respect of certain offences) after “punishments” insert “(other than the maximum fine on conviction on indictment)”.
REHABILITATION OF OFFENDERS ACT 1974 (c. 53)
In section 6(6)(a) (convictions in England and Wales which are to be disregarded for purposes of the provisions of section 6(4)(a) as to the extension of rehabilitation periods) for “an offence which is not triable on indictment” substitute “a summary offence or of a scheduled offence (within the meaning of section 23 the Criminal Law Act 1977) tried summarily in pursuance of subsection (2) of that section (summary trial where value involved is small);”
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Sch. 12: para. 1 of the entries relating to the Adoption Act 1976 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 10
BAIL ACT 1976 (c. 63)
1
In section 2(2), in the definition of “court”, for “a justice of the peace or a coroner” substitute “or a justice of the peace”.
2
In section 3(8) (power of the court granting bail to vary conditions of bail or impose conditions in respect of bail granted unconditionally)—
a
for “it may” substitute “that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may”;
b
for “it was” substitute “bail was”;
c
for “it has” substitute “has been”.
3
1
Section 5 (supplementary provisions about bail) shall be amended as follows.
2
After subsection (8) insert—
8A
An order under subsection (7) above shall, unless previously revoked, take effect at the end of twenty-one days beginning with the day on which it was made.
8B
A court which has orderd the forfeiture of a security under subsection (7) above may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custdody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it thinks fit to order.
8C
An application under subsection (8B) above may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the court is satisfied that the prosecution was given reasonable notice of the applicant’s intention to make it.
3
After subsection (9) insert—
9A
Where an order is made under subsection 8(B) above after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid by over to the person who gave the security if the order under subsection (8B) has been made before the order for forfeiture took effect shall be repaid or paid over to him.
4
In section 7(4) (requirements as to bringing before a justice of the peace or court a person arrested after release on bail), after paragraph (b) insert—
In reckoning for the puposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
X5SCHEDULE 13
The text of ss. 5(10)(11), 15(2), 17, 30(1)(2), 31(10), 32(3), 46, 49, 52, 57, 63(1), 65(4)(5), Sch. 13 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.
SCHEDULE 14 Transitional Provisions
C11
A provision contained in any of sections F5315 and 17 above or in Schedule 11 to this Act, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to proceedings commenced before the coming into force of that provision.
2
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3
1
This paragraph applies to any provision of this Act which relates to the punishment by way of fine or imprisonment which may be imposed on summary conviction of offences mentioned in section 30(3) above, in Schedule 1 . . . F55 to this Act or in Schedule 7A to the M14Criminal Procedure (Scotland) Act 1975.
2
A provision to which this paragraph applies shall have effect in relation to an offence for which proceedings are commenced after the material time even if that offence was committed before that time; but in the case of an offence committed before the material time, such a provision shall not render a person liable on summary conviction to any punishment greater than that to which he would have been liable on conviction on indictment if at the time of his conviction that provision had not yet come into force.
3
In relation to a provision to which this paragraph applies “the material time” means the time when that provision comes into force.
4
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5
Except as provided in paragraph 3 above a provision of this Act . . . F57 which relates to the punishment by way of fine or imprisonment for any offence shall not affect the punishment for an offence committed before that provision comes into force.
The text of Sch. 1 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.