Criminal Justice Act 1982

Powers of Criminal Courts Act 1973 (c. 62)

30 In subsection (3)(c) of section 6 of the Powers of Criminal Courts Act 1973 (breach of requirements of probation order) for the words "19 of the Criminal Justice Act 1948" there shall be substituted the words " 17 of the Criminal Justice Act 1982 ".

31 In section 13 of that Act (under which a conviction of an offence for which a probation order or an order for conditional or absolute discharge is made is deemed not to be a conviction except for certain purposes)—

(a) in subsection (1), after the word " below," there shall be inserted the words " and to section 50(1A) of the [1968 c. 19.] Criminal Appeal Act 1968 and section 108(1A) of the Magistrates' Courts Act 1980, "; and

(b) in subsection (4)(a), for the words " appeal against his conviction or rely on it" there shall be substituted the words " rely on his conviction ".

32 The following subsection shall be added at the end of section 20 of that Act—

“(5) For the purposes of this section the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.”.

33 In section 32(2) of that Act (enforcement etc. of fines imposed and recognizances forfeited by Crown Court) after the word " imprisonment ", in the first place where it occurs, there shall be inserted the words " or detention under section 9 of the Criminal Justice Act 1982 ".

34 The following subsection shall be inserted as subsection (2) of section 42 of that Act—

“(2) Where an offender is committed by a magistrates' court for sentence under section 37 of the [1980 c. 43.] Magistrates' Courts Act 1980 (committal for sentence of offender aged 15 or 16 convicted of indictable offences), the Crown Court shall enquire into the circumstances of the case and shall have power—

(a) subject to section 7(8) of the Criminal Justice Act 1982 (term of youth custody for offenders aged 15 or 16 not to exceed twelve months), to sentence him to a term of youth custody not exceeding the maximum term of imprisonment for the offence on conviction on indictment ; or

(b) to deal with him in any manner in which the magistrates' court might have dealt with him.”.