SCHEDULES

Section 170.

SCHEDULE 15E+W+S+N.I. Minor and Consequential Amendments

Criminal Law Act 1826 (c. 64)E+W+S+N.I.

1Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.

Offences against the Person Act 1861 (c. 100)E+W

2The Offences against the Person Act 1861 shall be amended as follows.

3There shall be omitted from section 44 (certificates as to cases of assault or battery) the word “such", in the first place where it occurs, and the words “under either of the last two preceding sections,".

4In section 45 (bars to further proceedings) for the words “in either of the last three preceding sections mentioned" there shall be substituted the words “is mentioned in section 44 of this Act".

Bankruptcy Act 1914 (c. 59)E+W+S+N.I.

5Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.

Land Registration Act 1925 (c. 21)E+W+S+N.I.

6F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

7F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Children and Young Persons Act 1933 (c. 12)E+W+S+N.I.

8In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) after the third paragraph there shall be inserted the following paragraph—

Common assault, or battery..

9References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the M1Child Abduction Act 1984.

Annotations:

Marginal Citations

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)E+W+S+N.I.

F310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F3Sch. 15 para. 10 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch.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)

Prison Act 1952 (c. 52)E+W+S+N.I.

11 The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952—

(aa)young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution;.

12In subsection (3) of that section, for the word “or" there shall be substituted the words “and a person aged 17 years or over may be detained in such a centre".

Visiting Forces Act 1952 (c. 67)E+W+S+N.I.

13In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—

(a) for each of the references in subsections (2) and (4) to section 43 of the Magistrates’ M2Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal M3Evidence Act l984; and

(b)the following subsection shall be substituted for subsection (3)—

(3)In the application of subsection (2) of this section to Scotland,—

(a)for the first reference to Part IV of the Police and Criminal Evidence Act 1984 there shall be substituted a reference to section 32(3) of the Criminal Procedure (Scotland) Act 1975; and

(b)for the words “in accordance with the said Part IV, be released on bail or" there shall be substituted the words “if not liberated under section 294(2) of that Act, be"..

14(1)In subsection (1) of section 12 of that Act, in the definition of “visiting force", after the words “United Kingdom", in the first place where they occur, there shall be inserted the words “(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,".E+W+S+N.I.

(2)The following subsection shall be inserted after that subsection—

(1A)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 Continental Shelf Act 1964 or any waters within 500 metres of such an installation..

15—In paragraphs 1(a) and 2(a) of the Schedule, after the word “rape," there shall be inserted the word “ , torture".

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45)E+W+S+N.I.

16In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from “section 1" to “central funds)" there shall be substituted the words “sections 16(1) and 17(1) of the M4Prosecution of Offences Act 1985".

Annotations:

Marginal Citations

Criminal Justice Act 1967 (c. 80)E+W+S+N.I.

17The Criminal Justice Act 1967 shall be amended as follows.

[F418In section 62—

(a)in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words “one year" there shall be substituted the words “the specified period"; and

(b)the following subsection shall be inserted after that subsection—

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

19In subsection (6) of section 67 (computation of sentences) for “(1)" there shall be substituted “(1A)".

Criminal Appeal Act 1968 (c. 19)E+W+S+N.I.

20The Criminal Appeal Act 1968 shall be amended as follows.

21Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection—

(2)A person who on conviction on indictment has also been convicted of a summary offence under section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (7) of that section.

22F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)In subsection (4) of that section, after the word “section" there shall be inserted the words “and section 11 of this Act".

23(1)In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after “9" there shall be inserted “(1)".E+W+S+N.I.

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

(2A)Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.

(2B)If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section.

24The following subsection shall be substituted for subsection (4) of that section—

(4)The power of the Court of Appeal under subsection (3) of this section to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 23(1) of the Powers of Criminal Courts Act 1973 or section 47(4) of the Criminal Law Act 1977 in respect of a suspended or partly suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that sentence where the court below made no order in respect of it..

25The following section shall be inserted after section 18—

18A Appeals in cases of contempt of court.

(1)A person who wishes to appeal under section 13 of the Administration of Justice Act 1960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court.

(2)Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against.

(3)The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal..

26In subsection (1) of section 19 (bail)—

(a)in paragraph (b), the words “or paragraph (a) above” shall be inserted after “1981"; and

(b)in paragraph (c), the words “either of those paragraphs” shall be substituted for the words “that paragraph".

27In section 29(2)(b) (circumstances in which there may not be a direction that time spent in custody is not to be reckoned as part of any sentence) for the words “under section 1 of this Act" there shall be substituted the words under—

(i)section 1 or 11(1A) of this Act; or

(ii)section 81(1B) of the Supreme Court Act 1981.

28The following section shall be substituted for section 30—

30 Restitution of property.

(1)The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime.

(2)The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.

(3)Where the House of Lords restores a conviction, it may make any order for the restitution of property which the court of trial could have made.

29The following shall be substituted for the words in section 31 from the beginning of subsection (1) to “powers” in subsection (2)—

(1)There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—

(a)the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;

(b)the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and

(c)the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.

(2)The powers mentioned in subsection (1) (a) above.

30The following subsection shall be inserted after subsection (2A) of that section—

(2B)The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.

31The following shall be substituted in the first subsection of section 44 for the words from the beginning to “judge", in the first place where it occurs—

(1)There may be exercised by a single judge—

(a)the powers of the Court of Appeal under this Part of this Act—

(i)to extend the time for making an application for leave to appeal;

(ii)to make an order for or in relation to bail; and

(iii)to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and

(b)their powers to make orders for the payment of costs under sections 16 and 17 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act..

32F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Theft Act 1968 (c. 60)E+W+S+N.I.

F733. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

E+W+S+N.I.

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Annotations:

Amendments (Textual)

Children and Young Persons Act 1969 (c. 54)E+W+S+N.I.

35In subsection (1) of section 20A of the Children and Young Persons Act 1969 (power of court to add condition as to charge and control of offender in care), at the end of the first paragraph (b) there shall be inserted the words or

(c)by virtue of section 15(1) of this Act in a case where—

(i)the supervision order for which the care order was substituted was made under section 7(7) of this Act; and

(ii)the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,.

36In section 29 of that Act (recognisance on release of arrested child or young person) the words “he or" shall cease to have effect.

Tribunals and Inquiries Act 1971 (c. 62)E+W+S+N.I.

F937. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Powers of Criminal Courts Act 1973 (c. 62)E+W+S+N.I.

F1038. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F12 Sch. 15 para. 40 repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7, para. 39, Sch.10; S.I. 1998/2327, art.2 ( as amended by S.I. 1998/2412 and S.I. 1998/2906).

F1341. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1442. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F14Sch. 15 para. 42 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(3), Sch.4

Legal Aid Act 1974 (c. 4)E+W+S+N.I.

43In section 28(7A) of the Legal Aid Act 1974 for the words “the person charged" there shall be substituted “a person to whom the notice relates".

Juries Act 1974 (c. 23)E+W+S+N.I.

44In subsection (1) of section 3 of the Juries Act 1974 (electoral register as basis of jury selection) for “sixty five" there shall be substituted “seventy".

45In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word “refusals" there shall be substituted the word “excusals".

46In section 20(4) of that Act (offences) after the word “excusal" there shall be inserted the words “or deferral".

Rehabilitation of Offenders Act 1974 (c. 53)E+W+S+N.I.

47In section 1(2)(a) of the Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent a person from becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.

Criminal Procedure (Scotland) Act 1975 (c. 21)E+W+S+N.I.

48In each of sections 171 and 368 of the Criminal Procedure (Scotland) Act 1975 (which make provision as to the presumption and determination of the ages of children) in subsection (3) for the words “and (d)" there shall be substituted the words “(d) and (e)".

49In section 289G of that Act (which creates the standard scale and amends certain enactments accordingly) in subsection (13) (inserted by section 66 of the M5Criminal Justice (Scotland) Act 1987)—

(a)after the word “is" there shall be inserted “(a)";

(b)for the words from “1987" there shall be substituted—

(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. .

50In Schedule 1 to that Act (which lists offences against children under the age of 17 years to which special provisions apply) after paragraph (a) there shall be inserted the following paragraph—

(aa)any offence under section 80(7) of the Criminal Justice (Scotland) Act 1980 (commission of a homosexual act in certain circumstances).

51In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph—

(e)any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.

Bail Act 1976 (c. 63)E+W+S+N.I.

F1552. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Sexual Offences (Amendment) Act 1976 (c. 82)E+W+S+N.I.

53(1)The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland).E+W+S+N.I.

(2)In section 5(1)(b), for the word “both" there shall be substituted the word “all".

(3)In section 7(6), for the words from “(including" to “6(4)(b))" there shall be substituted the words “and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)".

E+W+S+N.I.

54, 55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Annotations:

Amendments (Textual)

Judicature (Northern Ireland) Act 1978 (c. 23)E+W+S+N.I.

56In section 49(6) of the Judicature (Northern Ireland) Act 1978 (variation of sentences) after the word “appeal)" there shall be inserted the words “and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.)".

E+W+S+N.I.

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Annotations:

Amendments (Textual)

Interpretation Act 1978 (c. 30)E+W+S+N.I.

58In Schedule 1 to the Interpretation Act l978—

(a)after the definition of “Sheriff" there shall be inserted—

The standard scale”, with reference to a fine or penalty for an offence triable only summarily,—

(a)in relation to England and Wales, has the meaning given by section 37 of the Criminal Justice Act l982;

(b)in relation to Scotland, has the meaning given by section 289G of the Criminal Procedure (Scotland) Act l975;

(c)in relation to Northern Ireland, has the meaning given by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984.;

(b)after the definition of “Statutory declaration" there shall be inserted—

Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,—

(a)in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act l980;

(b)in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act l975; and

(c)in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order l984..

59In the definition of “offence triable either way" in that Schedule, after the word “offence", in the second place where it occurs, there shall be inserted the words “, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988".

Protection of Children Act 1978 (c. 37)E+W+S+N.I.

60The Protection of Children Act 1978 shall be amended as follows.

61(1)In subsection (1) of section 4 (entry, search and seizure) for the words from “are" to the end there shall be substituted the words “is an indecent photograph of a child".E+W+S+N.I.

(2)In subsection (2) of that section the words from “taken" to the end shall cease to have effect.

62F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Justices of the Peace Act 1979 (c. 55)E+W+S+N.I.

F1963. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F19Sch. 15 para. 63 repealed (19.6.1997) by 1997c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I (with Sch. 4 para. 27).

Child Care Act 1980 (c. 5)E+W+S+N.I.

64In section 73(1)(b) of the Child Care Act 1980 (places of safety etc.) for the words “section 38(7)" there shall be substituted the words “section 38(6)".

Magistrates’ Courts Act 1980 (c. 43)E+W+S+N.I.

65The Magistrates’ Courts Act 1980 shall be amended as follows.

F2066. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F20Sch. 15 para. 66 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)

67In subsection (1) of section 37 (committal to Crown Court for sentence), for the words “nor more than 16" there shall be substituted the words “but under 17".

[F2168At the end of subsection (8) of section 102 (written statement before examining justices) there shall be added the words “and section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) shall be given a corresponding construction".]

Annotations:

Amendments (Textual)

F21Sch. 15, para. 68 repealed (4.7.1996 with effect as mentioned in the note at the end of Sch. 5 para. 10 of the repealing Act) by 1996 c. 25, ss. 47, 80, Sch. 1, Sch. 5 para.10 (with s. 78(1)); S.I. 1997/683, art. 1(2).

69(1)In subsection (3A) of section 128 (remand in custody without accused being brought before court)—E+W+S+N.I.

(a)after the word “custody" there shall be inserted the words “and the remand was not a remand under section 128A below for a period exceeding 8 clear days,"; and

(b)after the word “him" there shall be inserted the words “(otherwise than in the exercise of the power conferred by that section)".

(2)In subsection (6) of that section (which lists the cases in which a magistrates’ court may remand a person for a period exceeding 8 clear days) for the word “section", in the first place where it occurs, there shall be substituted the words “sections 128A and".

70The following subsection shall be inserted after subsection (2) of section 133 (limit on length of imprisonment or youth custody where consecutive terms are imposed)—

(2A)In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment..

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)E+W+S+N.I.

71The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.

72The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—

(4)The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it..

73The following section shall be inserted after section 16—

16A Appeals in cases of contempt of court.

(1)Subject to subsection (2) below, a person who wishes to appeal under section 44 of the 1978 c. 23.Judicature (Northern Ireland) Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.

(2)The time for giving notice under this section may be extended either before or after its expiry by the Court..

74The following section shall be substituted for section 17—

17 Bail.

(1)The Court of Appeal may, if it thinks fit—

(a)grant an appellant bail pending the determination of his appeal; or

(b)vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or

(c)revoke bail granted to an appellant under paragraph (a) above.

(2)The powers conferred by subsection (1) above may be exercised—

(a)on the application of the appellant; or

(b)if it appears to the Master that any of them ought to be exercised, on a reference to the court by him..

75The following section shall be substituted for section 18—

18 Groundless appeals or applications for leave to appeal.

If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon..

76(1)In section 44(1) (constitution of Court of Appeal on appeals or references), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988".E+W+S+N.I.

(2)In section 44(4)(b) (judge of the Court of Appeal not to hear or determine applications relating to reference under section 14 or 15 where he was the trial judge), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988.".

77The following paragraph shall be substituted for section 45(2)(d)—

(d)to exercise the powers conferred by section 17 of this Act;.

78The following subsection shall be inserted after section 45(3)—

(3A)The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court..

Supreme Court Act 1981 (c. 54)E+W+S+N.I.

F2279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

80The following paragraph shall be inserted after subsection (4)(a) of section 55 of [F23the Supreme Court Act 1981] (constitution of criminal division of Court of Appeal)—

(aa)reviewing sentencing under Part IV of the Criminal Justice Act 1988;.

E+W+S+N.I.

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Annotations:

Amendments (Textual)

Civil Jurisdiction and Judgments Act 1982 (c. 27)E+W+S+N.I.

82In section 18(4A) of the Civil Jurisdiction and Judgments Act 1982 (exception from provisions regulating the enforcement of UK judgments in other parts of the United Kingdom in respect of the enforcement in Scotland of High Court orders made under the M6Drug Trafficking Offences Act 1986), after “1986" there shall be inserted the words “or Part VI of the Criminal Justice Act 1988 (confiscation of the proceeds of offences)".

Annotations:

Marginal Citations

E+W+S+N.I.

83, 84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Annotations:

Amendments (Textual)

E+W+S+N.I.

85—88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

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Amendments (Textual)

Civic Government (Scotland) Act 1982 (c. 45)E+W+S+N.I.

[F2789In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word “thereof)" there shall be inserted the words “and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)".]

Annotations:

Amendments (Textual)

Criminal Justice Act 1982 (c. 48)E+W+S+N.I.

90At the end of section 15(11) of the Criminal Justice Act 1982 (offence of failing to comply with supervision requirements) there shall be added (but not as part of paragraph (b)) the words “but not liable to be dealt with in any other way".

91At the end of part II of Schedule 1 to that Act there shall be added—

CRIMINAL JUSTICE ACT 1988 (c. 33)

30Section 134 (torture).

E+W+S+N.I.

92—94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

E+W+S+N.I.

95, 96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

Annotations:

Amendments (Textual)

Police and Criminal Evidence Act 1984 (c. 60)E+W+S+N.I.

97The Police and Criminal Evidence Act 1984 shall be amended as follows.

98F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99In section 55(1) (intimate searches) for the words “such a search" there shall be substituted the words “an intimate search".

100In section 65, in the definition of “intimate samples", for the word “orifice" there shall be substituted the word “orifices".

101In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).

102F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of Offences Act 1985 (c. 23)E+W+S+N.I.

103The following paragraph shall be inserted after subsection (4)(a) of section 16 of the Prosecution of Offences Act 1985 (defence costs)—

(aa)directs under section 8(1B) of the Criminal Appeal Act 1968 the entry of a judgment and verdict of acquittal;.

F32104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F32Sch. 15 para. 104 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)

Local Government Act 1985 (c. 51)E+W+S+N.I.

F33105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Bankruptcy (Scotland) Act 1985 (c. 66)E+W+S+N.I.

F34106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency Act 1986 (c. 45)E+W+S+N.I.

110Section 281(4) of the Insolvency Act 1986 (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.

Criminal Justice Act 1987 (c. 38)E+W+S+N.I.

Criminal Justice (Scotland) Act 1987 (c. 41)E+W+S+N.I.

F35111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Criminal Justice Act 1987 (c. 38)E+W+S+N.I.

112The Criminal Justice Act 1987 shall be amended as follows.

113(1)In subsection (2) of section 2 (Director’s investigation powers), for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith".E+W+S+N.I.

(2)In subsection (3) of that section—

(a)for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and

(b)for the word “class" there shall be substituted the word “description".

[F36114(1)In subsection (1) of section 11, for the words from “a report" to “containing" there shall be inserted the words “a report of proceedings to which this section applies which contains".S

(2)The following subsection shall be inserted after that subsection—

(1A)This section applies—

(a)to an application under section 6(1) above; and

(b)to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing.

(3)The following subsection shall be substituted for subsection (2)—

(2)An order that subsection (1) above shall not apply to reports—

(a)of an application under section 6(1) above;

(b)of a preparatory hearing;

(c)of an appeal to the Court of Appeal under section 9(11) above; or

(d)of an application for leave to appeal under that subsection,

may be made—

(i)in a case falling within paragraph (a), (b) or (d) above, by the judge dealing with the matter; and

(ii)in a case falling within paragraph (c) above, by the Court of Appeal..

(4)The following subsection shall be inserted after subsection (9)—

(9A)In subsection (9) above “engaged” means engaged under a contract of service or a contract for services.

(5)In subsection (15) the following definition shall be added after the definition of “publish"—

relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred..]

Annotations:

Amendments (Textual)

F36Sch. 15, para. 114 repealed (E.W.N.I)(4.7.1996 with effect as mentioned in the note at the end of Sch. 5 para. 12 of the repealing Act) by 1996 c. 25, ss. 72, 80, Sch. 3, Sch. 5 para.12 (with s. 78(1)); S.I. 1997/1019, art.2.

115In section 13(1), for the words “operates only so as to make for Northern Ireland provision corresponding to" there shall be substituted the words “is made only for purposes corresponding to those of".

116In paragraph 6(1) of Schedule 1, for “(4)" there shall be substituted “(5)".

Criminal Justice (Scotland) Act 1987 (c. 41)E+W+S+N.I.

[F37117(1) Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.

(2) In subsection (1) for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.":

(3) In subsection (2)—

(a)

for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and

(b)

for the word “class" there shall be substituted the word “description".

(4) In subsection (5) after the word “him" there shall be inserted “(a)" and at the end of the subsection there shall be added the words “; or (b)in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.”.]

Annotations:

Amendments (Textual)