xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IE+W Extradition

PreliminaryE+W+S+N.I.

1—21. Scope of Part I.E+W+S+N.I.

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

Annotations:

Amendments (Textual)

Suppression of terrorismE+W+S+N.I.

22 Suppression of terrorism.E+W+S+N.I.

(1)Schedule 1 to the M1Suppression of Terrorism Act 1978 shall be amended as follows.

(2)The following sub-paragraph shall be inserted before paragraph 8(a)—

(za)section 4 (soliciting etc. to commit murder);.

(3)The following shall be inserted after paragraph 9—

9AThe offence of torture under section 134 of the Criminal Justice Act 1988..

(4)The following shall be inserted after paragraph 13—

13A Nuclear material

13AAn offence under any provision of the Nuclear Material (Offences) Act 1983..

(5)The following shall be added at the end—

21 Conspiracy

21An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule..

Annotations:

Marginal Citations

F2F2Part IIE+W Documentary Evidence in Criminal Proceedings

Annotations:

Amendments (Textual)

23 First-hand hearsay.E+W

(1)Subject—

(a)to subsection (4) below; [F3and]

(b)to paragraph 1A of Schedule 2 to the M2Criminal Appeal Act 1968 (evidence given orally at original trial to be given orally at retrial); F4. . .

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—

(i)the requirements of one of the paragraphs of subsection (2) below are satisfied; or

(ii)the requirements of subsection (3) below are satisfied.

(2)The requirements mentioned in subsection (1)(i) above are—

(a)that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;

(b)that—

(i)the person who made the statement is outside the United Kingdom; and

(ii)it is not reasonably practicable to secure his attendance; or

(c)that all reasonable steps have been taken to find the person who made the statement, but that he cannot be found.

(3)The requirements mentioned in subsection (1)(ii) above are—

(a)that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and

(b)that the person who made it does not give oral evidence through fear or because he is kept out of the way.

(4)Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the M3Police and Criminal Evidence Act 1984.

F5F6 [( 5 ) . . . ]

Annotations:

Amendments (Textual)

F3Word in s. 23(1) inserted (14.4.2000) by 1999 c. 23, s. 67, Sch. 4 para.16 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(b)

F4S. 23(1)(c) and word preceding it repealed (14.4.2000) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(c),Sch.

F5S. 23(5) inserted (4.7.1996 with effect as mentioned in Sch. 1, Pt. III of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 28, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F6S. 23(5) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(2), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

Marginal Citations

24 Business etc. documents.E+W

(1)Subject—

(a)to subsections (3) and (4) below; [F7and]

(b)to paragraph 1A of Schedule 2 to the M4Criminal Appeal Act 1968; F8. . .

F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied—

(i)the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and

(ii)the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.

(2)Subsection (1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it—

(a)in the course of a trade, business, profession or other occupation; or

(b)as the holder of a paid or unpaid office.

(3)Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.

(4)A statement prepared otherwise than in accordance with [F9section 7 of the Crime (International Co-operation) Act 2003] or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below for the purposes—

(a)of pending or contemplated criminal proceedings; or

(b)of a criminal investigation,

shall not be admissible by virtue of subsection (1) above unless—

(i)the requirements of one of the paragraphs of subsection (2) of section 23 above are satisfied; or

(ii)the requirements of subsection (3) of that section are satisfied; or

(iii)the person who made the statement cannot reasonably be expected (having regard to the time which has elapsed since he made the statement and to all the circumstances) to have any recollection of the matters dealt with in the statement.

F10 F11 [( 5 ) . . . ]

Annotations:

Amendments (Textual)

F7Word in s. 24(1) inserted (14.4.2000) by 1999 c. 23, s. 67, Sch. 4 para.16 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2

F8S. 24(1)(c) and word preceding it repealed (14.4.2000) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(c), Sch.

F10S. 24(5) inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 29 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F11S. 24(5) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(3), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

Marginal Citations

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations.E+W

Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with [F14section 7 of the Crime (International Co-operation) Act 2003] or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes—

(a)of pending or contemplated criminal proceedings; or

(b)of a criminal investigation,

the statement shall not be given in evidence in any criminal proceedings without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice; and in considering whether its admission would be in the interests of justice, it shall be the duty of the court to have regard—

(i)to the contents of the statement;

(ii)to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(iii)to any other circumstances that appear to the court to be relevant.

F15 F16[ . . . . ]

Annotations:

Amendments (Textual)

F15Words in s. 26 inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para.30, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F16Words in s. 26 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

27 Proof of statements contained in documents.E+W

Where a statement contained in a document is admissible as evidence in criminal proceedings, it may be proved—

(a)by the production of that document; or

(b)(whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,

authenticated in such manner as the court may approve; and it is immaterial for the purposes of this subsection how many removes there are between a copy and the original.

F17 F18 [ . . . . ]

Annotations:

Amendments (Textual)

F17Words in s. 27 inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 31, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F18Words in s. 27 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(5), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIIE+W Other Provisions about Evidence in Criminal Proceedings

F1929. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

30 Expert reports.E+W

(1)An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.

(2)If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.

(3)For the purpose of determining whether to give leave the court shall have regard—

(a)to the contents of the report;

(b)to the reasons why it is proposed that the person making the report shall not give oral evidence;

(c)to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(d)to any other circumstances that appear to the court to be relevant.

(4)An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.

F20[F21(4A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5)In this section “expert report” means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.

Annotations:

Amendments (Textual)

F20S. 30(4A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(6), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

F21S. 30(4A) inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para.32 (with s. 78(1)); S.I. 1997/683, art. 1(2)

31 Form of evidence and glossaries.E+W

For the purpose of helping members of juries to understand complicated issues of fact or technical terms [F22Criminal Procedure Rules] may make provision—

(a)as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and

(b)as to the furnishing of glossaries for such purposes as may be specified;

in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.

Annotations:

Amendments (Textual)

32 Evidence through television links.E+W

(1) A person other than the accused may give evidence through a live television link [F23in proceedings to which subsection (1A) below applies] if—

(a)the witness is outside the United Kingdom; F24. . .

(b)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but evidence may not be so given without the leave of the court.

[F26(1A)This subsection applies—

(a)to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under [F27section 9 of the Criminal Appeal Act 1995]]; and

(b)to proceedings in youth courts [F28, appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising].

(2)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the M6Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

(3A)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3E)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Without prejudice to the generality of any enactment conferring power to make [F30Criminal Procedure Rules] , such rules may make such provision as appears to the [F31Criminal Procedure Rule Committee] to be necessary or expedient for the purposes of this section.

(5)F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F24S. 32(1)(b) and word preceding it repealed (24.7.2002 for specified purposes and otherwise 6.12.2006) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii)); S.I. 2006/2885, art. 2(b)(vii)(aa)

F25S. 32(1)(b) and word preceding it repealed (24.7.2002 for certain specified purposes otherwise prosp.) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii)

F27Words in s. 32(1A)(a) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 , para. 16(2)(a); S.I. 1997/402, art. 3

F29S. 32(2)(3A)-(3E)(6) repealed (24.7.2002 for specified purposes and otherwise prosp.) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii))

Modifications etc. (not altering text)

C2S. 32(1)(1)(b)(2)(a)-(c)(3) applied (with modifications) (8.3.1993) by S.I. 1993/244, art. 2

C3S. 32(1)(3) applied (with modifications) (31.10.2009) by The Court Martial Appeal Court (Evidence) Order (S.I. 2009/2569), {art. 3}

Commencement Information

I1S. 32 partly in force; s. 32 not in force at Royal Assent see s. 171; s. 32 except subsections (1)(a)(3) in force at 5.1.1989 by 1988/2073, art. 2, Sch.; s. 32(1)(a)(3) in force for certain purposes at 1.9.2004 by S.I. 2004/2167, art. 2 (subject to art. 3)

Marginal Citations

32A Video recordings of testimony from child witnesses.E+W

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F33S. 32A repealed (24.7.2002 for certain specified purposes and 6.12.2006 otherwise) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 paras. 3(2), 5(2)); S.I. 2002/1739, art. 2(g)(iii); S.I. 2006/2885, art. 2(b)(vii)(bb)

F3433 Evidence of persons under 14 in committal proceedings.E+W

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

Annotations:

Amendments (Textual)

F34S. 33 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)

F3533A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

34 Abolition of requirement of corroboration for unsworn evidence of children.E+W

F36(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is abrogated F37. . ..

(3)Unsworn evidence admitted by virtue of [F38 section 56 of the Youth Justice and Criminal Evidence Act 1999] may corroborate evidence (sworn or unsworn) given by any other person.

Annotations:

Amendments (Textual)

F37Words in s. 34(2) repealed (4.9.1995) by 1994 c. 33, ss. 32(2), 168(3), Sch. 11; S.I. 1995/1957, art. 6

Modifications etc. (not altering text)

C6S. 34(2) explained (1.10.1996 subject to savings in art. 3 of the commencing S.I.) by 1996 c. 46, s. 6(1)(2); S.I. 1996/2474, arts. 2, 3(1)

F3934A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Part IVE+W+N.I. Reviews of Sentencing

Annotations:

Modifications etc. (not altering text)

C7Pt. IV (ss. 35-36) applied (E.W.)(1.3.1994) by S.I. 1994/119, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

C8Pt. IV (ss. 35-36) applied (E.W.) (8.2.1995) by S. I. 1995/10, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

Pt. IV (ss. 34-36) applied (8.4.1996) by S.R. 1996/40, art. 2

Pt. IV (ss. 34-36) applied (21.8.2000) by S.I. 2000/1924, art. 2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

35 Scope of Part IV.E+W+N.I.

(1)A case to which this Part of this Act applies may be referred to the Court of Appeal under section 36 below.

(2)Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36 below shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part of this Act shall be construed as references to that division.

(3)This Part of this Act applies to any case [F40

(a)of a description specified in an order under this section; or

(b)in which sentence is passed on a person—

(i)for an offence triable only on indictment; or

(ii)for an offence of a description specified in an order under this section]

(4)The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply to any case [F41of a description specified in the order or to any case]in which sentence is passed on a person for an offence triable either way of a description specified in the order.

(5)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this Part of this Act “sentence” has the same meaning as in the M7Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the M8Mental Health Act 1983, and “sentencing” shall be construed accordingly.

(7)In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).

(8)Subsection (2) shall be omitted.

(9)In this section—

[F42(9A)Any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.]

(10)For subsection (5) there shall be substituted—

(5)An order under subsection (4) above shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any [F43such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)]..

(11)The references in subsection (6) to the M9Criminal Appeal Act 1968 and Part III of the M10Mental Health Act 1983 shall be respectively construed as references to Part I of the M11Criminal Appeal (Northern Ireland) Act 1980 and Part III of the M12Mental Health (Northern Ireland) Order 1986.

36 Reviews of sentencing.E+W+N.I.

(1)If it appears to the Attorney General—

(a)that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and

(b)that the case is one to which this Part of this Act applies,

he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person; and on such a reference the Court of Appeal may—

(i)quash any sentence passed on him in the proceeding; and

(ii)in place of it pass such sentence as they think appropriate for the case and as the court below had power to pass when dealing with him.

(2)Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied if it appears to the Attorney General that the judge

[F44(a)erred in law as to his powers of sentencing; or

(b)failed to impose a sentence required by—

[F45(zi)section [F461(2B) or] 1A(5) of the Prevention of Crime Act 1953;]

(i)section 51A(2) of the Firearms Act 1968;

[F47(ia)section [F48139(6B), 139A(5B) or] 139AA(7) of this Act;]

(ii) section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000; F49 . . .

(iii)[F50section[F51224A,] 225(2) or 226(2)] of the Criminal Justice Act 2003.]

[F52or

(iv)under section 29(4) or (6) of the Violent Crime Reduction Act 2006.]

.

(3)For the purposes of this Part of this Act any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section [F5311] of the Criminal Appeal Act 1968.

[F54(3A)Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.]

(4)No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.

(5)Where the Court of Appeal have concluded their review of a case referred to them under this section the Attorney General or the person to whose sentencing the reference relates may refer a point of law involved in any sentence passed on that person in the proceeding to [F55the Supreme Court for its opinion] , and [F56the Supreme Court shall consider the point and give its opinion] on it accordingly, and either remit the case to the Court of Appeal to be dealt with or [F57itself deal with the case.]

(6)A reference under subsection (5) above shall be made only with the leave of the Court of Appeal or [F58the Supreme Court] ; and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or [F58the Supreme Court] (as the case may be) that the point is one which ought to be considered by [F58the Supreme Court] .

(7)For the purpose of dealing with a case under this section the [F59Supreme Court] may exercise any powers of the Court of Appeal.

(8)The supplementary provisions contained in Schedule 3 to this Act shall have effect.

(9)In the application of this section to Northern Ireland—

(a)any reference to the Attorney General shall be construed as a reference to the [F60Director of Public Prosecutions for Northern Ireland ];

[F61(aa)the reference to section 51A(2) of the Firearms Act 1968 shall be construed as a reference to Article 70(2) of the Firearms (Northern Ireland) Order 2004;

(ab) the reference to section 29(4) or (6) of the Violent Crime Reduction Act 2006 shall be construed as a reference to paragraph 2(4) or (5) of Schedule 2 to that Act; F62 . . . ]

[F63(ac)the reference to any of sections 225 to 229 of the Criminal Justice Act 2003 shall be construed as a reference to either of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 2008.]

(b)the references to sections [F6411 and 35(1)] of the M13Criminal Appeal Act 1968 shall be construed as references to sections 10(2) and 33(1) of the M14Criminal Appeal (Northern Ireland) Act 1980, respectively.[F65, [F66and]

(c)the reference in subsection (3A) to an order specified in subsection (3B) shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.]

[F67and

(d)subsection (2)(b) shall be read as if it included a reference to a sentence required by section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.]

Annotations:

Amendments (Textual)

F44S. 36(2)(a)(b) substituted (4.4.2005) for words in s. 36(2) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 Pt. 1 para. 46; S.I. 2005/950, art. 2(1), Sch. 1 para. 23, 42(21) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F52S. 36(2)(b)(iv) and preceding word inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 66(4)-(8), Sch. 1 para. 3(2); S.I. 2007/858, art. 2(g)

F54S. 36(3A) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 272(1), 336(1)(12)

F60Words in s. 36(9)(a) substituted (with application in accordance with s. 41(1) of the amending Act) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 41(5), 87(1); S.R. 2010/113, art. 2, Sch. para. 12

F63S. 36(9)(ac) inserted (N.I.) (15.5.2008) by The Criminal Justice (Northern Ireland) Order S.I. 2008/1216 (N.I. 1), arts. 1, 102, Sch. 5 para. 6; S.R. 2008/217, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

Part VE+W+S+N.I. Jurisdiction, Imprisonment, Fines, Etc.

JurisdictionE+W

37 Certain either way offences relating to motor vehicles to be summary offences.E+W

(1)In section 12 of the M15Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.)—

(a)in subsection (2), for the words “on conviction on indictment be liable to imprisonment for a term not exceeding three years." there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both."; and

(b)at the end of subsection (4) there shall be added the words “and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.".

(2)F68

38 Criminal damage etc. as summary offences.E+W

(1)In subsection (1) of section 22 of the M16Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage is charged and it appears to a magistrates’ court clear that the value involved does not exceed the relevant sum, the court is required to proceed as if the offence charged were triable only summarily) in the second paragraph (which states the relevant sum) for “£400" there shall be substituted “£2,000".

(2)Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.

(3)The following subsection shall be inserted after subsection (10) of that section—

(11)Where—

(a)the accused is charged on the same occasion with two or more scheduled offences and it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; or

(b)the offence charged consists in incitement to commit two or more scheduled offences,

this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved..

(4)Subsection (3) above does not apply where any of the offences are charged in respect of acts done before this section comes into force.

Annotations:

Marginal Citations

39 Common assault and battery to be summary offences.E+W

[F69(1)]Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.

[F70(2)Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).]

Annotations:

Amendments (Textual)

F69S. 39 renumbered as s. 39(1) (13.11.2018) by Assaults on Emergency Workers (Offences) Act 2018 (c. 23), ss. 1(5), 4(2) (with s. 1(6))

40 Power to join in indictment count for common assault etc.E+W

(1)A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—

(a)is founded on the same facts or evidence as a count charging an indictable offence; or

(b)is part of a series of offences of the same or similar character as an indictable offence which is also charged,

but only if (in either case) the facts or evidence relating to the offence F71...[F72 are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51 [F73or 51A]), has been served on the person charged].

(2)Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a magistrates’ court could have dealt with him.

(3)The offences to which this section applies are—

(a)common assault;

F74 [( aa )an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);

(ab)an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)]

[F75(ac)an offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer);]

(b)an offence under section 12(1) of the M17Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);

(c)an offence under [F76section 103(1)(b) of the Road Traffic Act 1988] (driving a motor vehicle while disqualified);

(d)an offence mentioned in the first column of Schedule 2 to the M18Magistrates’ Courts Act 1980 (criminal damage etc.) which would otherwise be triable only summarily by virtue of section 22(2) of that Act; and

(e)any summary offence specified under subsection (4) below.

(4)The Secretary of State may by order made by statutory instrument specify for the purposes of this section any summary offence which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(5)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Amendments (Textual)

F71Words in s. 40(1) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(7)(a), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1102, art. 2(1)(d)

F72Words in s. 40(1) inserted (4.1.1999 for specified purposes and otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 66; S.I. 1998/2327, art. 4(2)(c); S.I. 2000/3283, art. 2(c)

F73 Words in s. 40(1) inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44) , s. 336(3) (4) , Sch. 3 para. 60(7)(b) ; S.I. 2005/1267 , arts. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320 , art. 4(1)(c)(2)(3) (with arts. 3, 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103 art. 4); S.I. 2013/1103, art. 2(1)(d)

F74S. 40(3)(aa)(ab) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 35; S.I. 1995/127, art. Sch. 1, Appendix A

Modifications etc. (not altering text)

C15S. 40 modified (1.12.1998) by 1998 c. 37, s. 52(6), Sch. 3 para. 6(8); S.I. 1998/2327, art. 4(2)

Marginal Citations

F7741 Power of Crown Court to deal with summary offence where person committed for either way offence.E+W

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

Annotations:

Amendments (Textual)

F77S. 41 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(8), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

F7842. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Power of Court of Appeal to order retrialE+W

43 Power of Court of Appeal to order retrial.E+W

(1)The M19Criminal Appeal Act 1968 shall be amended as follows.

(2)In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act" shall cease to have effect.

(3)At the end of subsection (1) of section 8 there shall be added the words “but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave."

(4)The following subsections shall be inserted after that subsection—

(1A)Where a person has been ordered to be retried but may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order for retrial and to direct the court of trial to enter a judgment and verdict of acquittal of the offence for which he was ordered to be retried.

(1B)On an application under subsection (1) or (1A) above the Court of Appeal shall have power—

(a)to grant leave to arraign; or

(b)to direct the entry of a judgment and verdict of acquittal,but shall not give leave to arraign unless they are satisfied—

(i)that the prosecution has acted with all due expedition; and

(ii)that there is a good and sufficient cause for a retrial in spite of the lapse of time since the order under section 7 of this Act was made.

(5)Nothing in this section applies where notice of appeal or of application for leave to appeal was given before the commencement of this section.

Annotations:

Marginal Citations

ImprisonmentE+W+S+N.I.

44 Firearms offences.E+W+S

(1)Part 1 of Schedule 6 to the M20Firearms Act 1968 (prosecution and punishment of offences) shall be amended as follows.

(2)For the third and fourth columns of the entries relating to an offence under section 2(1) (possessing, etc. shotgun without shotgun certificate) there shall be substituted—

(a) Summary.6 months or the statutory maximum or both.
(b) On indictment.3 years or a fine; or both.

(3)Life imprisonment” shall be substituted for “14 years" in the fourth column of the entries relating to offences under—

(a)section 17(2) (possessing firearm or imitation firearm at time of committing or being arrested for certain offences); and

(b)section 18(1) (carrying firearm or imitation firearm with criminal intent).

(4)Nothing in this section shall affect the punishment for an offence committed before this section comes into force.

Annotations:

Marginal Citations

45 Increase in maximum term of imprisonment for cruelty to children and young persons.E+W+S

(1)In section 1(1)(a) of the M21Children and Young Persons Act 1933 (under which the maximum term of imprisonment for cruelty to persons under 16 is two years) and in section 12(1)(a) of the M22Children and Young Persons (Scotland) Act 1937 (which makes corresponding provision for Scotland), for “two" there shall be substituted “ten".

(2)Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.

Annotations:

Marginal Citations

46 Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.E+W+S

(1)In section 1(1)(a) of the M23Prevention of Crime Act 1953 “six months” shall be substituted for “three months".

(2)The maximum fine that may be imposed for an offence under section 1 of the M24Restriction of Offensive Weapons Act 1959 shall be a fine not exceeding level 5 on the standard scale.

(3)This section shall not have effect in relation to anything done before it comes into force.

Annotations:

Marginal Citations

F7947 Corruption.E+W+S

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

Annotations:

Amendments (Textual)

F8048. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F80S. 48 repealed (15.2.1994) by 1993 c. 36, ss. 78(3), 79(14), Sch. 6 Pt.I; S.I. 1994/71, art. 2,Sch., Appendix

49 Repeal of s.134 of Magistrates’ Courts Act 1980.E+W

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

50 Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.E+W+S+N.I.

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F82S. 50 repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), s. 378, 383, Sch. 16 para. 112, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

Maximum fines under subordinate legislationE+W

51 Statutory maximum as penalty on summary conviction for offences triable either way in subordinate legislation.E+W

(1)For any offence triable either way under a subordinate instrument made before the commencement of this section, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.

(2)Where apart from this section the maximum fine would be one amount in the case of a first conviction and 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 instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

(4)Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to impose penal provisions, being a power which allows the creation of offences triable either way, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of an offence triable either way shall by virtue of this subsection be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment contained in an Act passed before the commencement of this section.

(5)Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to create offences triable either way, the maximum fine for an offence triable either way so created may be expressed as a fine not exceeding the statutory maximum.

(6)Subsection (5) above has effect in relation to exercises of powers before as well as after the commencement of this section.

(7)Nothing in this section shall affect the punishment for an offence committed before the commencement of this section.

(8)In this section and sections 52, 53, 55, 57 and 59 below “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

52 Penalties on conviction for summary offences under subordinate legislation— conversion of references to amounts to references to levels on scale.E+W

(1)Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.

(2)In subsection (1) above “relevant subordinate instrument” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.

(3)Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

(4)Where there is—

(a)under any enactment (however framed or worded) contained in an Act passed before the commencement of this section;

(b)under any instrument (however framed or worded) made by virtue of such an enactment,

a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.

(5)Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.

53 Powers to specify maximum fines for summary offences under subordinate instruments— conversion of references to amounts to references to levels on scale—England and Wales.E+W

(1)Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.

(2)If an order under section 143 of the M25Magistrates’ Courts Act 1980 alters the sums specified in section 37(2) of the M26Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.

(3)This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

Annotations:

Marginal Citations

54 Fines on summary conviction for offences under subordinate instruments— conversion to references to levels on scale—Scotland.E+W

In the M27Criminal Procedure (Scotland) Act 1975, after section 289GC (which is inserted by section 56 of this Act) there shall be inserted the following section—

289GD Fines on summary conviction for offences under subordinate instruments—conversion to references to levels on scale.

(1)Where an instrument which was made under an enactment on or after 11th April 1983 but before the commencement of section 54 of the Criminal Justice Act 1988 confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable on summary conviction to a fine of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.

(2)This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

Annotations:

Marginal Citations

55 Fines under secondary subordinate instruments— England and Wales.E+W

(1)This section applies to any instrument (however framed or worded) which—

(a)was made before 11th April 1983 (the date of the commencement of sections 35 to 50 of the M28Criminal Justice Act 1982); and

(b)confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,

but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.

(2)The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—

(a)if the specified amount is less than £25 , level 1 on the standard scale;

(b)if it is £25 or more but less than £50, level 2;

(c)if it is £50 or more but less than £200, level 3;

(d)if it is £200 or more but less than £400, level 4; and

(e)if it is £400 or more, level 5.

(3)Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.

(4)Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those maximum fines are to be treated separately for the purposes of this section.

(5)Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—

(a)to the alternative fine; and

(b)to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,

as well as in relation to the fine mentioned in subsection (3) above.

(6)Section 36 of the M29Criminal Justice Act 1982 (abolition of enhanced penalties under subordinate instruments) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (2) to the coming into force of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.

Annotations:

Marginal Citations

56 Fines under secondary subordinate instruments: Scotland.S

(1)In the M30Criminal Procedure (Scotland) Act 1975, after section 289GB (which was inserted by the M31Criminal Justice (Scotland) Act 1987) there shall be inserted the following section—

289GC Fines under secondary subordinate instruments— Scotland.

(1)This section applies to any instrument (however framed or worded) which—

(a)was made before 11th April 1983 (the date of commencement of Part IV of the Criminal Justice Act 1982);

(b)confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,

but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.

(2)The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—

(a)if the specified amount is less than £25, level 1 on the standard scale;

(b)if it is £25 or more but less than £50, level 2;

(c)if it is £50 or more but less than £200, level 3;

(d)if it is £200 or more but less than £400, level 4; and

(e)if it is £400 or more, level 5.

(3)Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.

(4)Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amount specified as those maximum fines are to be treated separately for the purposes of this section.

(5)Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—

(a)to the alternative fine; and

(b)to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,

as well as in relation to the fine mentioned in subsection (3) above.

(2)Section 289E of the M32Criminal Procedure (Scotland) Act 1975 (penalties for first and subsequent convictions of summary offences to be the same) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (5) to the commencement of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.

Annotations:

Marginal Citations

57 Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.E+W+S

(1)Where a harbour authority is empowered to provide—

(a)in an instrument made by virtue of an enactment; or

(b)in an instrument made by virtue of an instrument made under an enactment,

that a person, as regards any summary offence (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this section to making him liable to a fine not exceeding level 4.

(2)Where any enactment or instrument (“the enabling legislation") (however expressed) provides that a person who contravenes any provision of an instrument (“a regulatory instrument") made by a harbour authority—

(a)by virtue of the enabling legislation; or

(b)by virtue of an instrument made under the enabling legislation,

shall be guilty of a summary offence and liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this section enable the harbour authority to provide in a regulatory instrument that a person, as regards any summary offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.

F8358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Exceptionally high maximum finesE+W

59 Power to alter exceptionally high maximum fines.E+W

(1)The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

(a)to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

(b)to be appropriate to take account of an order altering the standard scale which has been made or is proposed to be made.

(2)Subsection (1) above applies to any sum which—

(a)is specified as the maximum fine which may be imposed on conviction of a summary offence; and

(b)is higher than level 5 on the standard scale.

(3)The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

(a)to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

(b)to be appropriate to take account of an order made or proposed to be made altering the statutory maximum.

(4)Subsection (3) above applies to any sum which—

(a)is specified as the maximum fine which may be imposed on summary conviction of an offence triable either way; and

(b)is higher than the statutory maximum.

(5)An order under this section—

(a)shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)shall not affect the punishment for an offence committed before it comes into force.

(6)In this section—

Default in payment of fines etc.E+W

60 Periods of imprisonment for default.E+W

(1)In the [F84Table in] paragraph 1 of Schedule 4 to the M33Magistrates’ Courts Act 1980, for the entries relating to amounts not exceeding £10,000 there shall be substituted—

An amount not exceeding £505 days
An amount exceeding £50 but not exceeding £1007 days
An amount exceeding £100 but not exceeding £40014 days
An amount exceeding £400 but not exceeding £1,00030 days
An amount exceeding £1,000 but not exceeding £2,00045 days
An amount exceeding £2,000 but not exceeding £5,0003 months
An amount exceeding £5,000 but not exceeding £10,0006 months.

F85(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F84Words in s. 60(1) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 104

Marginal Citations

61 Default – procedure.E+W

(1)The M34Magistrates’ Courts Act 1980 shall be amended as follows.

(2)The following subsections shall be added after section 77(2)—

(3)A magistrates’ court shall have power at any time to do either or both of the following—

(a)to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;

(b)to vary any of the conditions on which its issue is postponed,

but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.

(4)In this section “the relevant time” means—

(a)where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and

(b)in any other case, the date of the exercise or latest exercise of either or both of the powers.

(5)Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting for the petty sessions area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.

(6)Where such an application is referred to the court, it shall be the duty of the clerk of the court—

(a)to fix a time and place for the application to be heard; and

(b)to give the applicant notice of the time and place which he fixes.

(7)Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.

(8)If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant..

(3)The following subsection shall be inserted after subsection (4) of section 82 (restriction on power to impose imprisonment for default)—

(4A)The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are—

(a)a warrant of distress under section 76 above;

(b)an application to the High Court or county court for enforcement under section 87 below;

(c)an order under section 88 below;

(d)an attachment of earnings order; and

(e)if the offender is under the age of 21, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders)..

(4)The following subsections shall be inserted after subsection (5) of that section—

(5A)A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the clerk of the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.

(5B)Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously—

(a)inquired into the offender’s means; and

(b)postponed the issue of the warrant of commitment under section 77(2) above.

(5C)A notice under subsection (5A) above—

(a)shall state the time and place appointed for the hearing; and

(b)shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing,

but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations.

(5D)Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.

(5E)Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.

(5F)A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person..

(5)The following section shall be substituted for section 85—

85 Power to remit fine.

(1)Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—

(a)where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of section 77 above, since the relevant time as defined in subsection (4) of that section; and

(b)in any other case, since the date of the conviction.

(2)Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.

(3)In calculating the reduction in a term of imprisonment required by subsection (2) above any fraction of a day shall be left out of account.

(4)Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise..

(6)In section 121(2) (magistrates’ court to consist of at least 2 justices when holding an inquiry into the means of an offender for the purposes of section 82) after the word “above" there shall be inserted the words “or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment".

Annotations:

Marginal Citations

62 Fines on companies.E+W

(1)The following section shall be inserted after section 87 of the M35Magistrates’ Courts Act 1980—

87A Fines imposed on companies.

(1)Where—

(a)a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and

(b)the court has issued a warrant of distress under section 76(1) above for the purpose of levying the sum; and

(c)it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same,

the clerk of the court may make an application in relation to the company under section 9 or 124 of the Insolvency Act 1986 (administration or winding up).

(2)Any expenses incurred under subsection (1) above by the clerk of a magistrates’ court shall be treated for the purposes of Part VI of the Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee..

(2)The words “ or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies) ” shall be inserted—

[F86(a)before the words “or by all" in section 9(1) of the Insolvency Act 1986;]

(b)after the word “contributories" in section 124(1) of that Act.

Annotations:

Amendments (Textual)

Marginal Citations

Fines and other pecuniary penalties—miscellaneousE+W+S

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87E+W+S

64 Increase of maximum fine under s.32 of the Game Act 1831.E+W

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F8965. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

66 Fisheries offences on River Tweed.E+W

(1)Section 38 of the M36Fisheries Act 1981 (which applied certain enactments to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland) shall be deemed not to have been excluded from the operation of section 38(1) of the M37Criminal Justice Act 1982 (general increase of fines for summary offences) by paragraph (c) of that subsection (exclusion of offences where fine or maximum fine altered since 29th July 1977).

(2)Nothing in this section shall affect the punishment for an offence committed before this section comes into force.

Annotations:

Marginal Citations

67 Fines imposed and recognizances forfeited by coroners.E+W

(1)A fine imposed by a coroner, including a fine so imposed before this section comes into force, shall be treated for the purpose of its collection, enforcement and remission as having been imposed by the magistrates’ court for the area in which the coroner’s court was held, and the coroner shall as soon as practicable after imposing the fine give particulars of the fine to the [F90designated officer for] that court.

(2)A coroner shall proceed in the like manner under subsection (1) above in relation to a recognizance forfeited at an inquest held before him, including a recognizance so forfeited before this section comes into force, as if he had imposed a fine upon the person forfeiting that recognizance, and subsection (1) above shall apply accordingly.

Annotations:

Amendments (Textual)

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91E+W

ForfeitureE+W

F9269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

70 Forfeiture for drug offences.E+W

In section 27(1) of the M38Misuse of Drugs Act 1971 (forfeiture on conviction of an offence under that Act) after the words “under this Act" there shall be inserted the words “or a drug trafficking offence, as defined in section 38(1) of the M39Drug Trafficking Offences Act 1986".

Annotations:

Marginal Citations

Part VIE+W+S+N.I. Confiscation of the Proceeds of an Offence

Annotations:

Modifications etc. (not altering text)

C16Part VI (ss. 71 to 103) modified: (29.12.1991) by S.I. 1991/2873, art. 3(2), Sch. 2; and (1.9.1995) by S.I. 1995/1968, art. 2(1)

C17Part VI (ss. 71 to 103) applied (1.11.1995) by 1995 c. 11, s. 15(3); S.I. 1995/2650, art. 2

71 Confiscation orders.E+W

F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F93S. 71 repealed (24.3.2003) by 2002 (c. 29), ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

72- Making of confiscation orders.E+W

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F94S. 72 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

72A Postponed determinations.E+W

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F95S. 72A repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

72AA Confiscation relating to a course of criminal conduct.E+W

F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F96S. 72AA repealed ( 24.3.2003) by 2002 c. 29, ss. 456, 467, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

73 Statements, etc. relevant to making confiscation orders.E+W

F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F97S. 73 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

73A Provision of information by defendant.E+W

F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F98S. 73A repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

74 Definition of principal terms used.E+W

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F99S. 74 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

[F100Review and revision of certain questions and determinations]E+W

Annotations:

Amendments (Textual)

F100S. 74A (and the heading immediately preceding it) inserted (1.11.1995) by 1995 c. 11, s. 5; S.I. 1995/2650, art.2

74A Review of cases where proceeds of crime not assessed.E+W

F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F101S. 74A repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 11; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

74B Revision of assessment of proceeds of crime.E+W

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F102S. 74B repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

74C Revision of assessment of amount to be recovered.E+W

F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F103S. 74C repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

Enforcement, etc. of confiscation ordersE+W+S

75 Application of procedure for enforcing fines.E+W

F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F104S. 75 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

75A Interest on sums unpaid under confiscation orders.E+W

F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F105S. 75A repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

76 Cases in which restraint orders and charging orders may be made.E+W

F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F106S. 76 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

77 Restraint orders.E+W+S

F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Extent Information

E1S. 77: for extent of s. 77 see s. 172

Amendments (Textual)

F107S. 77 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

78 Charging orders in respect of land, securities, etc.E+W

F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F108S. 78 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

79 Charging orders: supplementary provisions.E+W

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F109S. 79 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

80 Realisation of property.E+W+S

F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F110S. 80 repealed ( 24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

81 Application of proceeds of realisation and other sums.E+W

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F111S. 81 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

82 Exercise of powers by High Court or receiver.E+W+S

F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F112S. 82 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

83 Variation of confiscation orders.E+W

F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F113S. 83 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

84 Bankruptcy of defendant etc.E+W+S

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F114S. 84 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

85 Sequestration in Scotland of defendant etc.E+W+S

F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F115S. 85 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

86 Winding up of company holding realisable property.E+W+S

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F116S. 86 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

87 Insolvency officers dealing with property subject to restraint order.E+W+S

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F117S. 87 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

88 Receivers: supplementary provisions.E+W+S

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F118S. 88 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

89 Compensation.E+W

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F119S. 89 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

Enforcement in ScotlandS

F12090. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations:

Amendments (Textual)

F12191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations:

Amendments (Textual)

F12292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations:

Amendments (Textual)

F12393. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations:

Amendments (Textual)

[F124Money laundering and other offences]E+W+S

Annotations:

Amendments (Textual)

F124S. 93A and cross heading inserted (E.W.S.) (15.2.1994) by 1993 c. 36, s. 29(1); S.I. 1994/71, art. 2, Sch.

93A Assisting another to retain the benefit of criminal conduct.E+W+S

F125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F125S. 93A repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93B Acquisition, possession or use of proceeds of criminal conduct.E+W+S

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F126S. 93B repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93C Concealing or transferring proceeds of criminal conduct.E+W+S

F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F127S. 93C repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93D Tipping-off.E+W+S

F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F128S. 93D repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93E Application of sections 93A to 93D to Scotland.S

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F129S. 93E repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93F Prosecution by order of the Commissioners of Customs and Excise.E+W+S

F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F130S. 93F repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93G Extension of certain offences to Crown servants and exemptions for regulators etc.E+W+S

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F131S. 93G repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

[F132Investigations into the proceeds of criminal conduct]E+W

Annotations:

Amendments (Textual)

F132S. 93H (and the heading immediately preceding it) inserted (1.11.1995) by 1995 c. 11, s.11; S.I. 1995/2650, art.2

93H Order to make material available.E+W

F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F133S. 93H repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93I Authority for search.E+W

F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F134S. 93I repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

93J Disclosure of information held by government departments.E+W

F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F135S. 93J repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

Enforcement of external ordersE+W+S+N.I.

94 Enforcement of Northern Ireland orders.E+W+S

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F136S. 94 repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

F13795. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S+N.I.

Annotations:

Amendments (Textual)

96 Enforcement of other external orders.E+W

(1)Her Majesty may by Order in Council—

(a)direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Part of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;

(b)make—

(i)such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;

(ii)such provision as to evidence or proof of any matter for the purposes of this section and section 97 below; and

(iii)such incidental, consequential and transitional provision,

as appears to Her Majesty to be expedient; and

(c)without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.

(2)In this Part of this Act—

(a)of recovering—

(i)property obtained as a result of or in connection with conduct corresponding to an offence to which this Part of this Act applies; or

(ii)the value of property so obtained; or

(b)of depriving a person of a pecuniary advantage so obtained; and

modifications” includes additions, alterations and omissions.

(3)An Order in Council under this section may make different provision for different cases or classes of case.

(4)The power to make an Order in Council under this section includes power to modify this Part of this Act in such a way as to confer power on a person to exercise a discretion.

[F138(5)An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:

Amendments (Textual)

F138S. 96(5) substituted (1.12.1993) by 1993 c. 36, s. 21(3)(g); S.I. 1993/2734, art. 2,Sch.

Modifications etc. (not altering text)

C18S. 96 modified (29.12.1991) by S.I. 1991/2873, arts. 4(1), 5(1)

97 Registration of external confiscation orders.E+W

(1)On an application made by or on behalf of the government of a designated country, the High Court may register an external confiscation order made there if—

(a)it is satisfied that at the time of registration the order is in force and not subject to appeal;

(b)it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and

(c)it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.

(2)In subsection (1) above “appeal” includes—

(a)any proceedings by way of discharging or setting aside a judgment; and

(b)an application for a new trial or a stay of execution.

(3)The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.

Annotations:

Modifications etc. (not altering text)

C19S. 97 modified (29.12.1991) by S.I. 1991/2873, arts. 4(1), 5(1)

Miscellaneous and supplementalE+W+S

F13998. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F139S. 98 repealed (15.2.1994) by 1993 c. 36, s. 79(13)(14), Sch. 5 Pt. I para. 14(1), Sch. 6 Pt. I; S.I. 1994/71, art. 2, Sch. Appendix

99 Authorisation of delay in notifying arrest etc.E+W

F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F140S. 99 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458(1), Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

100 Power to inspect Land Register, etc.E+W

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F141S. 100 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531) and s. 100 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), s. 1(1), Sch. 1 Pt. 3

101 Abolition of power to make criminal bankruptcy order.E+W

F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F142S. 101 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

102 Part VI— Interpretation.E+W+S

F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F143S. 102 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(a), Sch. 12; S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

103 Amendments of Drug Trafficking Offences Act 1986 and Criminal Justice (Scotland) Act 1987.E+W+S

F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Part VIIE+W+S Compensation by Court and Criminal Injuries Compensation Board

Powers of courtE+W

F145104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F146105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

106 Discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation.E+W

The following subsections shall be substituted for section 41(8) of the M40Administration of Justice Act 1970—

(8)Subject to subsection (8A) below, where in thecase specified in paragraph 10 of Schedule 9 to this Act the Crown Court thinks that the period for which the person subject to the order is liable apart from this subsection to be committed to prison for default under the order is insufficient, it may specify a longer period for that purpose; and then, in the case of default—

(a)the specified period shall be substituted as the maximum for which the person may be imprisoned under section 76 of the Magistrates’ Courts Act 1980; and

(b)paragraph 2 of Schedule 4 to that Act shall apply, with any necessary modifications, for the reduction of the specified period where, at the time of the person’s imprisonment, he has made part payment under the order.

(8A)The Crown Court may not specify under subsection (8) above a period of imprisonment longer than that which it could order a person to undergo on imposing on him a fine equal in amount to the sum required to be paid by the order..

Annotations:

Marginal Citations

Compensation for victim out of forfeited propertyE+W

F147107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Prospective

The Criminal Injuries Compensation SchemeE+W+S

F148108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F148Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F149109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F149Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F150110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F150Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F151111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F151Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F152112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F152Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F153113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F153Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F154114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F154Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F155115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F155Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F156116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Annotations:

Amendments (Textual)

F156Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

F157117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

F157Ss. 108-117 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

Part VIIIE+W Amendments of Law Relating to Juries

118 Abolition of peremptory challenge.E+W

(1)The right to challenge jurors without cause in proceedings for the trial of a person on indictment is abolished.

(2)In addition and without prejudice to any powers which the Crown Court may possess to order the exclusion of the public from any proceedings a judge of the Crown Court may order that the hearing of a challenge for cause shall be in camera or in chambers.

119 Persons aged between 65 and 70 to be eligible as jurors.E+W

F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

120 Discretionary deferral of jury service.E+W

The following section shall be inserted after section 9 of the Juries Act 1974—

9A Discretionary deferral.

(1)If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why his attendance in pursuance of the summons should be deferred, the appropriate officer may defer his attendance, and, if he does so, he shall vary the days on which that person is summoned to attend and the summons shall have effect accordingly.

(2)If an application under subsection (1) above has been granted or refused, the powers conferred by that subsection may not be exercised subsequently in relation to the same summons.

(3)Crown Court Rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to defer his attendance under subsection (1) above.

(4)Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may defer his attendance..

121 Continuation of trials for murder on death or discharge of juror.E+W

In section 16(2) of the M41Juries Act 1974 (cases where trial not to proceed on death or discharge of juror without assent of prosecution and accused) the words “for murder or shall cease to have effect.

Annotations:

Marginal Citations

122 Autrefois acquit and autrefois convict.E+W

Where an accused pleads autrefois acquit or autrefois convict it shall be for the judge, without the presence of a jury, to decide the issue.

Part IXE+W+S Young Offenders

123 Custodial sentences for young offenders.E+W

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

F160(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F161(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(6)The amendments and transitional provisions in Schedule 8 to this Act shall have effect.

124 Detention of young offenders in Scotland.S

(1)In each of sections 207 and 415 of the M42Criminal Procedure (Scotland) Act 1975 for subsections (5) to (10) there shall be substituted the following subsection—

(5)A sentence of detention imposed under this section shall be a sentence of detention in a young offenders institution..

(2)Subject to subsection (3) below, in any enactment—

(a)for a reference to a detention centre there shall be substituted a reference to a young offenders institution; and

(b)for a reference (however expressed) to a detention centre order there shall be substituted a reference to a sentence of detention in a young offenders institution.

(3)Nothing in subsection (2) above applies—

(a)to section 21 of the M43Firearms Act 1968;

(b)to Part I of Schedule I to the M44Law Reform (Miscellaneous Provisions) (Scotland) Act 1980;

(c)to section 41(2) of the M45Criminal Justice (Scotland) Act 1980.

(4)The amendments and transitional provisions in Schedule 9 to this Act shall have effect.

Annotations:

Marginal Citations

125 Abolition of power of court to commit juvenile to remand centre instead of local authority care. 1969 c. 54.E+W

F162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F163126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F163S. 126 repealed (9.1.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1994/3192, art. 2,Sch.

F164127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F165128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F166129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

130 Computation of sentence—time passed in care of local authority in accommodation provided for restricting liberty. 1967 c. 80.E+W

(1)At the end of section 67(1A) of the Criminal Justice Act 1967 there shall be added the words or—

(c)any period during which, in connection with the offence for which the sentence was passed, he was in the care of a local authority by virtue of an order under section 23 of the Children and Young Persons Act 1969 and in accommodation provided for the purpose of restricting liberty..

(2)This section shall not have effect in relation to any sentence imposed before it comes into force.

Part XE+W Probation and the Probation Service, Etc.

131 Bail: hostel conditions.E+W

(1)In section 3 of the M46Bail Act 1976 (grant of bail) the following subsection shall be inserted after subsection (6)—

(6ZA)Where he is required under subsection (6) above to reside in a bail hostel or probation hostel, he may also be required to comply with the rules of the hostel..

F167(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Marginal Citations

F168132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

F168S. 132 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(3), Sch.4

Part XIE+W+S+N.I. Miscellaneous

Miscarriages of justiceE+W+S+N.I.

133 Compensation for miscarriages of justice.E+W+N.I.

(1)Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.

[F169(1ZA)For the purposes of subsection (1), there has been a miscarriage of justice in relation to a person convicted of a criminal offence in England and Wales or, in a case where subsection (6H) applies, Northern Ireland, if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence (and references in the rest of this Part to a miscarriage of justice are to be construed accordingly).]

(2)No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State

[F170before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

(2A)But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.]

(3)The question whether there is a right to compensation under this section shall be determined by the Secretary of State.

(4)If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.

[F171(4A)Section 133A applies in relation to the assessment of the amount of the compensation.]

(5)In this section “reversed” shall be construed as referring to a conviction having been quashed—

(a)on an appeal out of time; or

(b)on a reference—

F172 [( i )under the Criminal Appeal Act 1995; or]

[F173(ii)under section 194B of the Criminal Procedure (Scotland) Act 1995 (c. 46);]

F174(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F175or

(c)on an appeal under section 7 of the Terrorism Act 2000][F176 or

F177( d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .][F178; or

(f)on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011.] [F179or

(g)on an appeal under Schedule 4 to the Counter-Terrorism and Security Act 2015.]

[F180(5A)But in a case where—

(a)a person's conviction for an offence is quashed on an appeal out of time, and

(b)the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of this section as “ reversed ” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

(5B)In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates' court by the Crown Court under section 48(2)(b) of the [F181Senior Courts Act 1981].]

(6)For the purposes of this section [F182and section 133A] a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.

[F183(6A)Subject to what follows, in the application of this section in relation to a person (“P”) convicted in Northern Ireland of a criminal offence, in subsections (1) to (4) any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

(6B)If P is pardoned, subsection (6A) applies only if the pardon is a devolved pardon.

(6C)Subsections (6D) to (6H) apply if—

(a)P’s conviction is reversed or P is given a devolved pardon,

(b)an application for compensation is made in relation to P’s conviction,

(c)the application is made before the end of the period mentioned in subsection (2) or, if it is made after the end of that period, the Department of Justice gives a direction under subsection (2A), and

(d)the Department of Justice has reason to believe that protected information may be relevant to the application (for example, because the court which quashed P’s conviction did not make public (in whole or in part) its reasons for quashing P’s conviction).

(6D)The Department of Justice must refer the application to the Secretary of State who must then take a view as to whether or not any protected information is relevant to the application.

(6E)If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly.

(6F)If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—

(a)the protected information, or

(b)a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

(6G)If the Secretary of State refers the application back to the Department of Justice under subsection (6F), the Secretary of State must provide the Department with either—

(a)the protected information, or

(b)a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

(6H)If the Secretary of State is not required to refer the application back to the Department of Justice—

(a)subsections (3) and (4) apply to the application ignoring subsection (6A), and

(b)any compensation payable on the application is payable by the Secretary of State.

(6I)In this section “protected information” means information the disclosure of which may be against the interests of national security.

(6J)In this section “devolved pardon” means—

(a)a pardon given after the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 in the exercise of powers under section 23(2) of the Northern Ireland Act 1998;

(b)a pardon given before the coming into force of that Order which, had it been given after the coming into force of that Order, would have had to have been given in the exercise of powers under section 23(2) of the 1998 Act (ignoring article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010).

(6K)The pardons covered by subsection (6J)(a) include pardons given in reliance on article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.]

(7)Schedule 12 shall have effect.

Annotations:

Extent Information

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

Amendments (Textual)

F170S. 133: s. 133(2A) and preceding words in 133(2) inserted (E.W.N.I) (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 61(3) , 153 (with Sch. 27 para. 22); S.I. 2008/2993, art. 2(1)(a)

F172S. 133(5)(b)(i) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 16(4); S.I. 1997/402, art. 3(e)

F173S. 133(5)(b)(ii) substituted (S.) (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007, (asp 6), ss. 80, 84, {Sch. 5 para. 6(1)}; S.S.I. 2007/250, art. 3(h)(i)

F174S. 133(5)(b)(iii) and the word immediately preceeding it repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1995/3061, art. 3(i)(vii) (and s. 133(5)(b)(iii) expressed to be repealed (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 16(4); S.I. 1997/402, art. 3(e))

F175S. 133(5)(c) and word or immediately preceding it inserted (19.2.2001) by 2000 c. 11, s. 7(8); S.I. 2001/421, art. 2

F176S. 133(5)(d) and word inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), ss. 12(8), 16

133 Compensation for miscarriages of justice.S

(1)Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.

[F265(1A)The Scottish Ministers may by order provide for—

(a)further circumstances in respect of which a person (or, if dead, the person's representatives) may be paid compensation for a miscarriage of justice,

(b)circumstances in respect of which a person (or, if dead, the person's representatives) may be paid compensation for wrongful detention prior to acquittal or a decision by the prosecutor to take no proceedings (or to discontinue proceedings).]

(2)No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State.

[F266(2AA)Such an application requires to be made within the period of 3 years starting with—

(a)in the case of compensation under subsection (1), the date on which the conviction is reversed or (as the case may be) the person is pardoned,

(b)in the case of compensation under subsection (1A), whichever is relevant of—

(i)that date, or

(ii)the date on which the person is acquitted or the relevant decision is made known to the person.

(2AB)The Scottish Ministers may accept such an application outwith that time limit if they think it is appropriate in exceptional circumstances to do so.]

(3)The question whether there is a right to compensation under this section shall be determined by the Secretary of State.

(4)If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.

F267 [(4A )In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to—

(a)the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction;

[F268(aa)the seriousness of the offence with which the person was charged or detained (but in respect of which offence the person was not convicted);]

(b)the conduct of the investigation and prosecution of the offence; and

(c)any other convictions of the person and any punishment resulting from them.]

[F269(4B)The assessor must also have particular regard to any guidance issued by the Scottish Ministers for the purposes of this section.]

(5)In this section “reversed” shall be construed as referring to a conviction having been quashed [F270(or set aside)]

(a)on an appeal out of time; F271...

(b)on a reference—

F172 [(i) under the Criminal Appeal Act 1995; F271 ... ]

[F173(ii)under section 194B of the Criminal Procedure (Scotland) Act 1995 (c. 46);]

F174(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [F175or

(c) on an appeal under section 7 of the Terrorism Act 2000 ] F271 [F176 ...

F177(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .][F272; or

(e)under section 188(1)(b) of the Criminal Procedure (Scotland) Act 1995.][F178; F273...

(f)on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011.][F179or

(g)on an appeal under Schedule 4 to the Counter-Terrorism and Security Act 2015.]

(6)For the purposes of this section a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.

[F274(6A)For the purposes of this section, a person suffers punishment as a result of conviction also where (in relation to the conviction) the court imposes some other disposal including by way of—

(a)making a probation order, or

(b)discharging the person absolutely.]

(7)Schedule 12 shall have effect.

[F275(8)The power to make an order under subsection (1A) is exercisable by statutory instrument.

(9)A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Annotations:

Extent Information

E6This version of this provision extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Amendments (Textual)

F172S. 133(5)(b)(i) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 16(4); S.I. 1997/402, art. 3(e)

F173S. 133(5)(b)(ii) substituted (S.) (23.4.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007, (asp 6), ss. 80, 84, {Sch. 5 para. 6(1)}; S.S.I. 2007/250, art. 3(h)(i)

F174S. 133(5)(b)(iii) and the word immediately preceeding it repealed (1.1.1996) by 1995 c. 35, s. 29(2), Sch. 3; S.I. 1995/3061, art. 3(i)(vii) (and s. 133(5)(b)(iii) expressed to be repealed (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 16(4); S.I. 1997/402, art. 3(e))

F175S. 133(5)(c) and word or immediately preceding it inserted (19.2.2001) by 2000 c. 11, s. 7(8); S.I. 2001/421, art. 2

F176S. 133(5)(d) and word inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), ss. 12(8), 16

F267S. 133(4A) inserted (1.1.1996) by 1995 c. 35, s. 28; S.I. 1995/3061, art. 3(c)

[F184133AMiscarriages of justice: amount of compensationE+W+N.I.

(1)This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 133 for a miscarriage of justice.

(2)In assessing so much of any compensation payable under section 133 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

(a)the seriousness of the offence of which the person was convicted and the severity of the punishment suffered as a result of the conviction, and

(b)the conduct of the investigation and prosecution of the offence.

(3)The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 133 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—

(a)any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and

(b)any other convictions of the person and any punishment suffered as a result of them.

(4)If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 133 is to be a nominal amount only.

(5)The total amount of compensation payable to or in respect of a person under section 133 for a particular miscarriage of justice must not exceed the overall compensation limit. That limit is—

(a)£1 million in a case to which section 133B applies, and

(b)£500,000 in any other case.

(6)The total amount of compensation payable under section 133 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.

That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.

(7)The Secretary of State may by order made by statutory instrument amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.

(8)No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

[F185(9)In relation to compensation payable by the Department of Justice in Northern Ireland, the power in subsection (7) is exercisable by the Department (and not by the Secretary of State).

(10)The power of the Department of Justice to make an order under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

(11)No order may be made by the Department of Justice under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (8) does not apply).

(12)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]

Annotations:

Amendments (Textual)

F185S. 133A(9)-(12) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 6 para. 3 (with arts. 28-31)

133BCases where person has been detained for at least 10 yearsE+W+N.I.

(1)For the purposes of section 133A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—

(a)the conviction is reversed, or

(b)the pardon is given,

as mentioned in section 133(1).

(2)P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a)by virtue of a sentence passed in respect of the relevant offence,

(b)under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c)as a result of P's having been remanded in custody in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(3)In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—

(a)in qualifying detention, and

(b)in excluded concurrent detention.

(4)P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

(a)during the term of a sentence passed in respect of an offence other than the relevant offence,

(b)under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

(c)as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—

(i)the relevant offence, or

(ii)any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

(5)But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.

(6)In this section—

(7)If, as a result of the miscarriage of justice—

(a)two or more convictions are reversed, or

(b)a pardon is given in respect of two or more offences,

the relevant offence ” means any of the offences concerned.

(8) In relation to England and Wales, “ remanded in custody ” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.

(9) In relation to Northern Ireland, “ remanded in custody ” means—

(a)remanded in or committed to custody by an order of a court, or

(b)remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.]

Annotations:

Amendments (Textual)

TortureE+W+S+N.I.

134 Torture.E+W+S+N.I.

(1)A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in theUnited Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.

(2)A person not falling within subsection (1) above commits the offence of torture, whatever his nationality, if—

(a)in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence—

(i)of a public official; or

(ii)of a person acting in an official capacity; and

(b)the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.

(3)It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission.

(4)It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority, justification or excuse for that conduct.

(5)For the purposes of this section “lawful authority, justification or excuse” means—

(a)in relation to pain or suffering inflicted in the United Kingdom, lawful authority, justification or excuse under the law of the part of the United Kingdom where it was inflicted;

(b)in relation to pain or suffering inflicted outside the United Kingdom—

(i)if it was inflicted by a United Kingdom official acting under the law of the United Kingdom or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;

(ii)if it was inflicted by a United Kingdom official acting under the law of any part of the United Kingdom or by a person acting in an official capacity under such law, lawful authority, justification or excuse under the law of the part of the United Kingdom under whose law he was acting; and

(iii)in any other case, lawful authority, justification or excuse under the law of the place where it was inflicted.

(6)A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.

135 Requirement of Attorney General’s consent for prosecutions.E+W+N.I.

Proceedings for an offence under section 134 above shall not be begun—

(a)in England and Wales, except by, or with the consent of, the Attorney General; or

(b)in Northern Ireland, except by, or with the consent of, the [F186Advocate General for Northern Ireland].

Annotations:

Amendments (Textual)

136, 137.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F187E+W+S+N.I.

Annotations:

Amendments (Textual)

138 Application to Channel Islands, Isle of Man and colonies.E+W

(1)Her Majesty may by Order in Council make provision for extending sections 134 and 135 above, with such modifications and exceptions as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188

Annotations:

Amendments (Textual)

Articles with blades or points and offensive weaponsE+W+S+N.I.

139 Offence of having article with blade or point in public place.E+W

(1)Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.

(2)Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.

(3)This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.

(4)It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.

(5)Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—

(a)for use at work;

(b)for religious reasons; or

(c)as part of any national costume.

(6)A person guilty of an offence under subsection (1) above shall be liable-

F189 [( a )on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding [F190four] years, or a fine, or both.]

[F191(6A)Subsection (6B) applies where—

(a)a person is convicted of an offence under subsection (1) by a court in England and Wales,

(b)the offence was committed after this subsection is commenced, and

(c)when the offence was committed, the person was aged 16 or over and had at least one relevant conviction (see section 139AZA).

(6B)Where this subsection applies, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence, to the previous offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(6C) In this section “ appropriate custodial sentence ” means—

(a)in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months;

(b)in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months.

(6D)In considering whether it is of the opinion mentioned in subsection (6B) in the case of a person aged 16 or 17, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933 (general considerations).

(6E)Where—

(a)an appropriate custodial sentence has been imposed on a person under subsection (6B), and

(b)a relevant conviction without which subsection (6B) would not have applied has been subsequently set aside on appeal,

notice of appeal against the sentence may be given at any time within 28 days from the date on which the conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968 (initiating procedure)).

(6F)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

(6G)In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (6C)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.]

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

(8)This section shall not have effect in relation to anything done before it comes into force.

Annotations:

Extent Information

E3This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F189S. 139(6)(a)(b) substituted (4.7.1996) for words by 1996 c. 26, s.3(1) (with s. 3(2))

F190Word in s.139(6)(b) substituted (E.W.) (12.2.2007) by Violent Crime Reduction Act 2006 (c.38), ss. 42(1)(a), 66(2); S.I. 2007/74, art. 2(a)

139 Offence of having article with blade or point in public place.N.I.

(1)Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.

(2)Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.

(3)This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.

(4)It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.

(5)Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—

(a)for use at work;

(b)for religious reasons; or

(c)as part of any national costume.

[F276(6)A person guilty of an offence under subsection (1) shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.]

[F191(6A)Subsection (6B) applies where—

(a)a person is convicted of an offence under subsection (1) by a court in England and Wales,

(b)the offence was committed after this subsection is commenced, and

(c)when the offence was committed, the person was aged 16 or over and had at least one relevant conviction (see section 139AZA).

(6B)Where this subsection applies, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence, to the previous offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(6C) In this section “ appropriate custodial sentence ” means—

(a)in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months;

(b)in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months.

(6D)In considering whether it is of the opinion mentioned in subsection (6B) in the case of a person aged 16 or 17, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933 (general considerations).

(6E)Where—

(a)an appropriate custodial sentence has been imposed on a person under subsection (6B), and

(b)a relevant conviction without which subsection (6B) would not have applied has been subsequently set aside on appeal,

notice of appeal against the sentence may be given at any time within 28 days from the date on which the conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968 (initiating procedure)).

(6F)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

(6G)In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (6C)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.]

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

(8)This section shall not have effect in relation to anything done before it comes into force.

Annotations:

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Amendments (Textual)

F276S. 139(6) substituted (N.I.) (16.7.2008) by The Criminal Justice (Northern Ireland) Order S.I. 2008/1216 (N.I. 1), arts. 1, 90(3); S.R. 2008/293, art. 2, Sch. para. 14.

[ 139A F192 Offence of having article with blade or point (or offensive weapon) on school premises. E+W

(1)Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.

(2) Any person who has an offensive weapon within the meaning of section 1 of the M47 Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.

(3)It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.

(4)Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—

(a)for use at work,

(b)for educational purposes,

(c)for religious reasons, or

(d)as part of any national costume.

(5)A person guilty of an offence—

(a)under subsection (1) above shall be liable—

(i)on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding [F193four] years, or a fine, or both;

(b)under subsection (2) above shall be liable—

(i)on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;

(ii)on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.

[F194(5A)Subsection (5B) applies where—

(a)a person is convicted of an offence under subsection (1) or (2) by a court in England and Wales,

(b)the offence was committed after this subsection is commenced, and

(c)when the offence was committed, the person was aged 16 or over and had at least one relevant conviction (see section 139AZA).

(5B)Where this subsection applies, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence, to the previous offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(5C) In this section “ appropriate custodial sentence ” means—

(a)in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months;

(b)in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months.

(5D)In considering whether it is of the opinion mentioned in subsection (5B) in the case of a person aged 16 or 17, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933 (general considerations).

(5E)Where—

(a)an appropriate custodial sentence has been imposed on a person under subsection (5B), and

(b)a relevant conviction without which subsection (5B) would not have applied has been subsequently set aside on appeal,

notice of appeal against the sentence may be given at any time within 28 days from the date on which the conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968 (initiating procedure)).

(5F)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

(5G)In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (5C)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.]

(6) In this section and section 139B, “ school premises ” means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and “ school ” has the meaning given by [F195 section 4 of the Education Act 1996 ] .

(7)In the application of this section to Northern Ireland—

(a) the reference in subsection (2) above to section 1 of the M48 Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the M49 Public Order (Northern Ireland) Order 1987; and

(b) the reference in subsection (6) above to [F195 section 4 of the Education Act 1996 ] is to be construed as a reference to Article 2(2) of the M50 Education and Libraries (Northern Ireland) Order 1986. ]

Annotations:

Extent Information

E4This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F192S. 139A inserted (1.9.1996) by 1996 c. 26, s. 4(1)(4); S.I. 1996/2071, art. 2

F193Word in s. 139A(5)(a)(ii) substituted (E.W.) (12.2.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. {42(1)(b)}, 66(2); S.I. 2007/74, art. 2(a)

F195Words in s. 139A(6)(7) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.69 (with ss. 1(4), 582(3), Sch. 39)

Marginal Citations

[ 139A F192 Offence of having article with blade or point (or offensive weapon) on school premises. N.I.

(1)Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.

(2) Any person who has an offensive weapon within the meaning of section 1 of the M47 Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.

(3)It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.

(4)Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—

(a)for use at work,

(b)for educational purposes,

(c)for religious reasons, or

(d)as part of any national costume.

[F277(5)A person guilty of an offence under subsection (1) or (2) shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.]

[F194(5A)Subsection (5B) applies where—

(a)a person is convicted of an offence under subsection (1) or (2) by a court in England and Wales,

(b)the offence was committed after this subsection is commenced, and

(c)when the offence was committed, the person was aged 16 or over and had at least one relevant conviction (see section 139AZA).

(5B)Where this subsection applies, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence, to the previous offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(5C) In this section “ appropriate custodial sentence ” means—

(a)in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months;

(b)in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months.

(5D)In considering whether it is of the opinion mentioned in subsection (5B) in the case of a person aged 16 or 17, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933 (general considerations).

(5E)Where—

(a)an appropriate custodial sentence has been imposed on a person under subsection (5B), and

(b)a relevant conviction without which subsection (5B) would not have applied has been subsequently set aside on appeal,

notice of appeal against the sentence may be given at any time within 28 days from the date on which the conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968 (initiating procedure)).

(5F)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this section to have been committed on the last of those days.

(5G)In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (5C)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.]

[F277(6) In this section and section 139B “ school premises ” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “ school ” has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986. ]

(7)In the application of this section to Northern Ireland—

(a) the reference in subsection (2) above to section 1 of the M48 Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the M49 Public Order (Northern Ireland) Order 1987; and

F278( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Annotations:

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Amendments (Textual)

F192S. 139A inserted (1.9.1996) by 1996 c. 26, s. 4(1)(4); S.I. 1996/2071, art. 2

F277S. 139A(5)(6) substituted (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 52, 111(1) (with Sch. 6 para. 4(2))

F278S. 139A(7)(b) repealed (N.I.) (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(1), Sch. 8 Pt. 5

Marginal Citations

[F196139AZAOffences under sections 139 and 139A: previous relevant convictionsE+W+S+N.I.

(1) For the purposes of sections 139 and 139A, “ relevant conviction ” means—

(a)a conviction for an offence under—

(i)section 1 or 1A of the Prevention of Crime Act 1953, or

(ii)section 139, 139A or 139AA of this Act,

(a “relevant offence”), whenever committed,

(b)a conviction in Scotland, Northern Ireland or a member State other than the United Kingdom for a civilian offence, whenever committed, which would have constituted a relevant offence if committed in England and Wales at the time of that conviction,

(c)a conviction for an offence under section 42 of the Armed Forces Act 2006, whenever committed, in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is a relevant offence,

(d)a conviction for an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957, whenever committed, in respect of which the corresponding civil offence (within the meaning of the Act in question) is a relevant offence, and

(e)a conviction for a member State service offence, whenever committed, which would have constituted a relevant offence if committed in England and Wales at the time of conviction.

(2)In this section—

(3)For the purposes of subsection (1)(c) and (d), where the offence was committed by aiding, abetting, counselling or procuring, it must be assumed that the act aided, abetted, counselled or procured was done in England and Wales.]

Annotations:

Amendments (Textual)

[F197139AAOffence of threatening with article with blade or point or offensive weaponE+W+S+N.I.

(1)A person is guilty of an offence if that person—

(a)has an article to which this section applies with him or her in a public place or on school premises,

(b)unlawfully and intentionally threatens another person with the article, and

(c)does so in such a way that there is an immediate risk of serious physical harm to that other person.

(2)In relation to a public place this section applies to an article to which section 139 applies.

(3)In relation to school premises this section applies to each of these—

(a)an article to which section 139 applies;

(b)an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

(4)For the purposes of this section physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

(5)In this section—

(6)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

(7)Where a person aged 16 or over is convicted of an offence under this section, the court must impose an appropriate custodial sentence (with or without a fine) unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(8) In this section “ appropriate custodial sentence ” means—

(a)in the case of a person who is aged 18 or over when convicted, a sentence of imprisonment for a term of at least 6 months;

(b)in the case of a person who is aged at least 16 but under 18 when convicted, a detention and training order of at least 4 months.

(9)In considering whether it is of the opinion mentioned in subsection (7) in the case of a person aged under 18, the court must have regard to its duty under section 44 of the Children and Young Persons Act 1933.

(10)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to 12 months is to be read as a reference to 6 months.

(11)In relation to times before the coming into force of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000, the reference in subsection (8)(a) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.

(12)If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 139 or 139A, the person may be convicted of the offence under that section.]

Annotations:

Amendments (Textual)

139B F198 Power of entry to search for articles with a blade or point and offensive weapons. E+W+N.I.

(1)A constable may enter school premises and search those premises and any person on those premises for—

(a)any article to which section 139 of this Act applies, or

(b)any offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

if he has reasonable grounds for [F199suspecting] that an offence under section 139A[F200or 139AA] of this Act is being, or has been, committed.

(2)If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for suspecting to be an article or weapon of a kind described in subsection (1) above, he may seize and retain it.

(3)The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.

(4)In the application of this section to Northern Ireland [F201

(a)the reference in subsection (1)(b) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987.][F202, and

(b)the reference in subsection (1) to section 139AA is omitted.]

140 Extension of constable’s power to stop and search.E+W

(1) In section 1 of the M51 Police and Criminal Evidence Act 1984 (powers of constable to stop and search)—

(a)F203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the following subsection shall be inserted after subsection (8)—

(8A)This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988..

(2)In section 5(2)(a)(ii) of that Act (annual reports to contain total numbers of searches for offensive weapons) after the word “weapons" there shall be inserted the words “or articles to which section 1(8A) above applies".

Annotations:

Amendments (Textual)

Marginal Citations

141 Offensive weapons.E+W+S+N.I.

(1)Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence and liable [F204on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both]

[F204(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.

.

(2)The Secretary of State may by order made by statutory instrument direct that this section shall apply to any description of weapon specified in the order except—

(a)any weapon subject to the M52Firearms Act 1968; and

(b)crossbows.

F205(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The importation of a weapon to which this section applies is hereby prohibited.

(5)It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies—

(a)with an offence under subsection (1) above; or

(b)with an offence under section 50(2) or (3) of the M53Customs and Excise Management Act 1979 (improper importation),

to [F206show] that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.

(6)In this section the reference to the Crown includes the Crown in right of Her Majesty’s Government in Northern Ireland; and

(a)mentioned in subsection (1)(a) of section 1 of the M54Visiting Forces Act 1952; or

(b)designated for the purposes of any provision of that Act by Order in Council under subsection (2) of that section,

which is present in the United Kingdom (including United Kingdom territorial waters) or in any place to which subsection (7) below applies on the invitation of Her Majesty’s Government in the United Kingdom.

(7)This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the M55Continental Shelf Act 1964 or any waters within 500 metres of such an installation.

(8)It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies—

(a)with an offence under subsection (1) above; or

(b)with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

to [F206show] that the conduct in question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies.

(9)If a person acting on behalf of a museum or gallery to which subsection (8) above applies is charged with hiring or lending a weapon to which this section applies, it shall be a defence for him to [F206show] that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.

(10)Subsection (8) above applies to a museum or gallery only if it does not distribute profits.

(11)In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.

[F207(11A)Subject to subsection (11C), where a person is charged with an offence under subsection (1) above in respect of conduct of his relating to a weapon to which this section applies, it shall be a defence to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).

(11B)Those purposes are—

(a)the purposes of theatrical performances and of rehearsals for such performances;

(b)the production of films (as defined in section 5B of the Copyright, Designs and Patents Act 1988 (c. 48));

(c)the production of television programmes (as defined in section 405(1) of the Communications Act 2003 (c. 21)).

(11C)Where—

(a)a person is charged with an offence under subsection (1) above in respect of conduct of his relating to a weapon to which this section applies (a “relevant weapon”), and

(b)the relevant weapon is one the importation of which is prohibited,

subsection (11A) does not apply unless the condition in subsection (11D) is satisfied.

(11D)The condition is that there is in force as respects Scotland provision to the effect that it is a defence for a person (“A”) charged with a relevant offence in respect of A's conduct relating to a relevant weapon to show that A's conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).

(11E) In subsection (11D), “relevant offence” means an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (c. 2) (penalty for improper importation of goods).

(11F)For the purposes of this section, a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) above if—

(a)sufficient evidence of the matter is adduced to raise an issue with respect to it; and

(b)the contrary is not proved beyond a reasonable doubt.

(11G)The Scottish Ministers may by order made by statutory instrument modify the application of this section in relation to any description of weapon specified in the order.

(11H)An order under subsection (11G) may make different provision for different purposes.

(11J)A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.]

[F208(11A)It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies—

(a)with an offence under subsection (1) above, or

(b)with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).

(11B)Those purposes are—

(a)the purposes of theatrical performances and of rehearsals for such performances;

(b)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act);

(c)the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act).

(11C)For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) if—

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

(b)the contrary is not proved beyond a reasonable doubt.

(11D)The Secretary of State may by order made by statutory instrument—

(a)provide for exceptions and exemptions from the offence under subsection (1) above or from the prohibition in subsection (4) above; and

(b)provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order.

(11E)A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.]

(12)This section shall not have effect in relation to anything done before it comes into force.

(13)In the application of this section to Northern Ireland [F209in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference] to the M56Firearms Act 1968 shall be construed as a reference to the M57Firearms (Northern Ireland) Order [F2102004] .

[F211(14)In the application of this section to Northern Ireland, the power under subsection (11D) above to provide by order—

(a)for exceptions and exemptions from the offence under subsection (1) above; and

(b)for it to be a defence in proceedings for such an offence to show the matters specified or described in the order,

is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).

(15)Any power of the Department of Justice in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

(16)No order shall be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(17)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (16) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.]]

Annotations:

Amendments (Textual)

F204Words in s. 141(1) substituted (N.I.) (16.7.2008) by The Criminal Justice (Northern Ireland) Order S.I. 2008/1216 (N.I. 1), arts. 1, 90(5); S.R. 2008/293, art. 2, Sch.

F206Word in s. 141(5)(8)(9) substituted (S.) (1.11.2007) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), s. 60(1)(a); S.S.I. 2007/431, art. 3, Sch. and the same word in s. 141(5)(8)(9) substituted (E.W.N.I.) (6.4.2008) by Violent Crime Reduction Act 2006 (c. 38), ss. 43(3), 51, 66(2), Sch. 2 para. 11(2); S.I. 2008/791, art. 3(a)(c)

F207S. 141(11A)-(11J) inserted (S.) (1.11.2007 for purpose of inserting subsections (11F) to (11J) and otherwise prosp. for inserting (11A) to (11E)) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 60(2), 67; S.S.I. 2007/431, art. 3, Sch.

F208S. 141(11A)-(11E) inserted (E.W.N.I.) (1.4.2008 for purpose of inserting (11D) and (11E) and 6.4.2008 in so far as not already in force) by Violent Crime Reduction Act 2006 (c. 38), ss. 43(4), 51, 66(2), Sch. 2 para. 11(3); S.I. 2008/791, arts. 2(c), 3(c)

F210Word in s. 141(13) substituted (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), arts. 81, 82, Sch. 7 para. 11; S.R. 2005/4, art. 3 (with transitional provisions in arts. 4-7)

Modifications etc. (not altering text)

Marginal Citations

[F212141ZAApplication of section 141 to swords: further provisionS

(1)This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.

(2)The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.

(3)The Scottish Ministers may in particular—

(a)provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;

(b)increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—

(i)on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;

(ii)on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;

(c)create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order.

(4)In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—

(a)the granting, and revocation, by them of authorisations in relation to the acquisition of swords;

(b)enabling them to specify conditions in such authorisations;

(c)requiring persons to whom authorisations are granted to comply with such conditions;

(d)making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions.

(5)Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.

(6)The penalty is—

(a)imprisonment for a term not exceeding 12 months; or

(b)a fine not exceeding level 5 on the standard scale,

or both.

(7)The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).]

Annotations:

Amendments (Textual)

Prospective

[F213141ZBImportation of offensive weapons: prohibitionE+W+S+N.I.

(1)The importation of an offensive weapon is prohibited, subject to section 141ZC.

(2) In this section “ offensive weapon ” means a weapon of a description specified in an order made by the Secretary of State for the purposes of this subsection.

(3)The Secretary of State may not specify any of the following under subsection (2)—

(a)a weapon subject to the Firearms Act 1968;

(b)a crossbow.

(4)Orders under this section are to be made by statutory instrument.

(5)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(6)In the application of this section to Northern Ireland the reference in subsection (3) to the Firearms Act 1968 is to be construed as a reference to the Firearms (Northern Ireland) Order 2004.

Annotations:

Amendments (Textual)

F213Ss. 141ZB-141ZD inserted (prosp.) by Policing and Crime Act 2009 (c. 26), ss. 102, 116

Prospective

141ZCProhibition on importation of offensive weapons: exceptionsE+W+S+N.I.

(1)The importation of a weapon is not prohibited by section 141ZB if one of the following exceptions applies.

(2)Exception 1 is that the weapon is imported for the purposes only of functions carried out on behalf of—

(a)the Crown, or

(b)a visiting force.

(3)Exception 2 is that the weapon is imported for the purposes only of making it available to a museum or gallery which does not distribute profits.

(4)Exception 3 is that the weapon is imported for the purposes only of making it available for one or more of the following—

(a)theatrical performances;

(b)rehearsals of theatrical performances;

(c)the production of films;

(d)the production of television programmes.

(5)In subsection (4)—

  • films ” has the meaning given by section 5B of the Copyright, Designs and Patents Act 1988;

  • television programmes ” has the meaning given by section 405 of the Communications Act 2003.

(6)The Secretary of State may by order provide for further exceptions from the prohibition on importation of weapons under section 141ZB.

(7)Orders under this section are to be made by statutory instrument.

(8)A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(9)Expressions used in this section and in section 141 have the same meaning in this section as in that section.

Annotations:

Amendments (Textual)

F213Ss. 141ZB-141ZD inserted (prosp.) by Policing and Crime Act 2009 (c. 26), ss. 102, 116

Prospective

141ZDProhibition on importation of offensive weapons: burdens of proofE+W+S+N.I.

(1)This section applies for the purposes of proceedings for an offence under the Customs and Excise Management Act 1979 relating to a weapon the importation of which is prohibited by section 141ZB above.

(2)An exception conferred by or under section 141ZC is to be taken not to apply unless sufficient evidence is adduced to raise an issue with respect to the exception.

(3)Where sufficient evidence is adduced to raise an issue with respect to an exception, it is to be taken to apply unless the contrary is proved beyond a reasonable doubt.]

Annotations:

Amendments (Textual)

F213Ss. 141ZB-141ZD inserted (prosp.) by Policing and Crime Act 2009 (c. 26), ss. 102, 116

[ 141A F214 Sale of knives and certain articles with blade or point to persons under sixteen. E+W

( 1 )Any person who sells to a person under the age of [F215eighteen] years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(2)Subject to subsection (3) below, this section applies to—

(a)any knife, knife blade or razor blade,

(b)any axe, and

(c)any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.

(3)This section does not apply to any article described in—

(a) section 1 of the M58 Restriction of Offensive Weapons Act 1959,

(b)an order made under section 141(2) of this Act, or

(c)an order made by the Secretary of State under this section.

(4)It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(5)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Annotations:

Extent Information

E5This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F214S. 141A inserted (1.1.1997) by 1996 c. 26, s. 6(1)(3); S.I. 1996/3063, art.2

F215Word in s. 141A(1) substituted (E.W.) (1.10.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 43(2), 66(2); S.I. 2007/2180, art. 3(j)

Modifications etc. (not altering text)

C21S. 141A(1) excluded (1.1.1997) by S.I. 1996/3064, art.2

Marginal Citations

[ 141A F214[F279Sale of knives and certain articles with blade or point to persons under eighteen]S

( 1 )[F280Subject to subsection (3A) below]Any person who sells[F281or lets on hire] to a person under the age of [F282eighteen] years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(2)Subject to subsection (3) below, this section applies to—

(a)any knife, knife blade or razor blade,

(b) any axe, F283 . . .

[F284(ba)any sword; and]]

(c)any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.

(3)This section does not apply to any article described in—

(a)section 1 of the M58Restriction of Offensive Weapons Act 1959,

(b)an order made under section 141(2) of this Act, or

(c)an order made by the Secretary of State under this section.

[F285(3A)It is not an offence under subsection (1) to sell [F286or let on hire]a knife or knife blade to a person if—

(a)the person is aged 16 or over; and

(b)the knife or blade is designed for domestic use.]

[F287(4) It is a defence for a person charged with an offence under subsection (1) (referred to in this section as “ the accused ”) to show that—

(a) the accused believed the person to whom the article was sold or let on hire (referred to in this section as “ the purchaser or hirer ”) to be of or above the relevant age, and

(b)either—

(i)the accused had taken reasonable steps to establish the purchaser or hirer's age, or

(ii)no reasonable person could have suspected from the purchaser or hirer's appearance that the purchaser or hirer was aged under the relevant age.

(4A)For the purposes of subsection (4)(b)(i), the accused is to be treated as having taken reasonable steps to establish the purchaser or hirer's age if and only if—

(a)the accused was shown any of the documents mentioned in subsection (4B), and

(b)the document would have convinced a reasonable person.

(4B)Those documents are any document bearing to be—

(a)a passport,

(b)a European Union photocard driving licence, or

(c)such other document, or a document of such other description, as the Scottish Ministers may by order prescribe.

(4C)In subsection (4), “the relevant age” is—

(a)in the case where the article is a knife or knife blade designed for domestic use, 16 years, and

(b)in any other case, 18 years.]

(5)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Extent Information

E9This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F214S. 141A inserted (1.1.1997) by 1996 c. 26, s. 6(1)(3); S.I. 1996/3063, art.2

F287S. 141A(4)-(4C) substituted (S.) (28.3.2011) for s. 141A(4) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 36(4), 206(1); S.S.I. 2011/178, art. 2, Sch.

Modifications etc. (not altering text)

C21S. 141A(1) excluded (1.1.1997) by S.I. 1996/3064, art.2

Marginal Citations

142 Power of justice of the peace to authorise entry and search of premises for offensive weapons.E+W+S+N.I.

(1)If on an application made by a constable a justice of the peace (including, in Scotland, the sheriff) is satisfied that there are reasonable grounds for believing—

(a)that there are on premises specified in the application—

(i) knives such as are mentioned in section 1(1) of the M59 Restriction of Offensive Weapons Act 1959; or

(ii)weapons to which section 141 above applies; and

(b)that an offence under section 1 of the Restriction of Offensive Weapons Act 1959 or section 141 above has been or is being committed in relation to them; and

(c)that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises.

(2)A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3)The conditions mentioned in [F216subsection (1)(c)] above are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the knives or weapons to which the application relates;

(c)that entry to the premises will not be granted unless a warrant is produced;

(d)that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4)Subsection (1)(a)(i) shall be omitted in the application of this section to Northern Ireland.

Annotations:

Amendments (Textual)

F216Words in s. 142(3) substituted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 101, 104, Sch. 6 para. 2; S.S.I. 2006/432, art. 2(g)(h) and said words substituted (E.W.N.I.) (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 14; S.I. 2007/709, art. 3(o) (subject to arts. 6 and 7)

Marginal Citations

Serious fraudE+W+S+N.I.

143 Assistance to Isle of Man and Channel Islands.E+W+S+N.I.

In subsection (1) of section 2 of the M60Criminal Justice Act 1987 (investigation powers of Director of Serious Fraud Office) after the word “above," there shall be inserted the words “or, on a request made by the Attorney General of the Isle of Man, Jersey or Guernsey, under legislation corresponding to that section and having effect in the Island whose Attorney General makes the request,".

Annotations:

Marginal Citations

F217144 Transferred charges.E+W

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

Annotations:

Amendments (Textual)

F217S. 144 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(d)

145 Power to petition for winding-up etc. on information obtained on investigation by Director of Serious Fraud Office.E+W+S

The words “or section 2 of the Criminal Justice Act 1987” shall be inserted—

[F218(a)in section 440 of the M61Companies Act 1985, after the words “that Act";]

(b)in section 8(1) of the M62Company Directors Disqualification Act 1986, after the words “the Financial Services Act 1986", in the second place where they occur; and

F219(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Marginal Citations

Evidence before Service courtsE+W+S+N.I.

146 Evidence before [F220certain service courts].E+W+S+N.I.

Schedule 13 to this Act shall have effect in relation to evidence before [F221certain service courts].

Annotations:

Amendments (Textual)

F220S. 146: words in sidenote substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not yet in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para 113(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F221Words in s. 146 substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not yet in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 113(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Amendments of Police and Criminal Evidence Act 1984 etc.E+W+S+N.I.

147 Searches of detained persons.E+W

In section 54 of the M63Police and Criminal Evidence Act l984 (searches of detained persons)—

(a)the following paragraph shall be substituted for subsection (1)(b)—

(b)arrested at the station or detained there under section 47(5) above.; and

(b)the following subsections shall be inserted after subsection (6)—

(6A)A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.

(6B)Subject to subsection (6C) below, a constable may seize and retain, or cause to be seized and retained, anything found on such a search.

(6C)A constable may only seize clothes and personal effects in the circumstances specified in subsection (4) above..

Annotations:

Marginal Citations

F222148 Computer data about fingerprints.E+W

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

Annotations:

Amendments (Textual)

149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223N.I.

Annotations:

Amendments (Textual)

Provisions relating to Customs and ExciseE+W+N.I.

Prospective

150 Bail for persons in customs detention.E+W

At the end of section 114(2)(b) of the M64Police and Criminal Evidence Act 1984 there shall be added the words and

(c)that in relation to customs detention (as defined in any order made under this subsection) the Bail Act 1976 shall have effect as if references in it to a constable were references to an officer of Customs and Excise of such grade as may be specified in the order..

Annotations:

Marginal Citations

151 Customs and Excise power of arrest.E+W

(1)If—

(a)a person—

(i)has been released on bail in criminal proceedings for an offence falling within subsection (4) below; and

(ii)is under a duty to surrender into customs detention; and

(b)an officer of Customs and Excise has reasonable grounds for believing that that person is not likely to surrender to custody,

he may be arrested without warrant by an officer of Customs and Excise.

(2)A person arrested in pursuance of subsection (1) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace F224. . . .

(3)In reckoning for the purposes of subsection (2) above any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(4)The offences that fall within this subsection are—

(a)an offence against section 5(2) of the M65Misuse of Drugs Act 1971 (possession of controlled drugs);F225. . .

(b)a drug trafficking offence.

[F226(c)a money laundering offence;]

(5)In this section and section 152 below “drug trafficking offence” means [F227any offence which is specified in—

(a)paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

(b)so far as it relates to that paragraph, paragraph 10 of that Schedule.]

[F228(6)In this section “money laundering offence” means any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act.]

Annotations:

Amendments (Textual)

F225Word in s. 151(4) repealed (24.2.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(3), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

F226S. 151(4)(c) inserted (24.2.2003) by 2002 c. 29, ss. 456, 458, Sch. 11 para. 17(3); S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

F227S. 151(5)(a)(b) substituted (24.3.2003) for words by 2002 c. 29, ss. 456, 458, Sch. 11 para. 17(4); S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14 (as amended by S.I. 2003/531, art. 3))

F228S. 151(6) inserted (24.2.2003) by 2002 c. 29, ss. 456, 458, Sch. 11 para. 17(5); S.I. 2003/120, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended (24.3.2003) by S.I. 2003/333, art. 14 and S.I. 2003/531, art. 3))

Commencement Information

I2S. 151 partly in force; s. 151 not in force at Royal Assent, see s. 171; s. 151(5) in force at 3.4.1989 by S.I. 1989/264, art. 2, Sch. Pt. II

Marginal Citations

152 Remands of suspected drug offenders to F229. . . detention.E+W+N.I.

(1)Subject—

(a)to subsection (2) below; and

(b)to section 4 of the Bail Act 1976,

where—

(i)a person is brought before a magistrates’ court on a charge of an offence against section 5(2) of the Misuse of Drugs Act 1971 or a drug trafficking offence; and

(ii)the court has power to remand him,

it shall have power, if it considers it appropriate to do so, to remand him to customs detention, that is to say, commit him to the custody of a customs officer for a period not exceeding 192 hours.

[F230(1A)In subsection (1) the power of a magistrates' court to remand a person to customs detention for a period not exceeding 192 hours includes power to commit the person to the custody of a constable to be detained for such a period.]

(2)This section does not apply where a charge is brought against a person under the age of 17.

(3)In the application of this section to Northern Ireland, for the words from the beginning of subsection (1) above to “1976" there shall be substituted the words “Subject to subsection (2) below,".

[F231(4)In the application of this section to Northern Ireland, “drug trafficking offence" means][F232any offence which is specified in—

(a)paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or

(b)so far as it relates to that paragraph, paragraph 10 of that Schedule.]

Annotations:

Amendments (Textual)

F229S. 152: word in title left out (1.1.2006) by Drugs Act 2005 (c. 17), ss. 8(a), 24; S.I. 2005/3053, art. 3(d)

F230S. 152(1A) inserted (1.1.2006) by Drugs Act 2005 (c. 17) {ss. 8(b)}, 24; S.I. 2005/3053, art. 3(d)

F232S. 152(4)(a)(b) substituted (24.3.2003) for words by 2002 c. 29, ss. 456, 458, Sch. 11 para. 17(6); S.I. 2003/333, art. 2(1), Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531)

Bail and custodyE+W

153 Court to give reasons for granting bail to a person accused of serious offence.E+W

The following paragraph shall be inserted after paragraph 9 (decisions as to grant or refusal of bail) of Part I of Schedule 1 to the M66Bail Act 1976—

9A