Search Legislation

Criminal Justice Act 1988

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 1988. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Criminal Justice Act 1988

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

SCHEDULE 1E+W . . . F1

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F2F2SCHEDULE 2E+W

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

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Section 36.

SCHEDULE 3E+W+N.I. Reviews of Sentencing—Supplementary

1Notice of an application for leave to refer a case to the Court of Appeal under section 36 above shall be given within 28 days from the day on which the sentence, or the last of the sentences, in the case was passed.E+W+N.I.

Annotations: Help about Annotation
Close

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

Modifications etc. (not altering text)

C1Sch. 3 para. 1 modified (25.8.2000) by 2000 c. 6, ss. 155(6)(b)(8), 168(1), Sch. 10 paras. 11, 19

Sch. 3 para. 1 modified (E.W) (24.3.2003) by 2002 c. 29, ss. 15(5)(b), 458(1)

Sch. 3 para. 1 modified (N.I.) (24.3.2003) by 2002 c. 29, ss. 165(5)(b), 458(1)

2If the registrar of criminal appeals is given notice of a reference or application to the Court of Appeal under section 36 above, he shall—E+W+N.I.

(a)take all necessary steps for obtaining a hearing of the reference or application; and

(b)obtain and lay before the Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the reference or application.

3Rules of court may enable a person to whose sentencing such a reference or application relates to obtain from the registrar any documents or things, including copies or reproductions of documents, required for the reference or application and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.E+W+N.I.

4An application to the Court of Appeal for leave to refer a case to the [F5Supreme Court] under section 36(5) above shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review of the case; and an application to the [F5Supreme Court] for leave shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review or refuse leave to refer the case to the [F5Supreme Court] .E+W+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

5The time during which a person whose case has been referred for review under section 36 above is in custody pending its review and pending any reference to the [F6Supreme Court] under subsection (5) of that section shall be reckoned as part of the term of any sentence to which he is for the time being subject.E+W+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

6Except as provided by paragraphs 7 and 8 below, a person whose sentencing is the subject of a reference to the Court of Appeal under section 36 above shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.E+W+N.I.

7A person in custody shall not be entitled to be present—E+W+N.I.

(a) on an application by the Attorney General for leave to refer a case; or

(b)on any proceedings preliminary or incidental to a reference,

unless the Court of Appeal give him leave to be present.

8The power of the Court of Appeal to pass sentence on a person may be exercised although he is not present.E+W+N.I.

9A person whose sentencing is the subject of a reference to [F7the Supreme Court] under section 36(5) above and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any proceeding preliminary or incidental thereto except where an order of [F7the Supreme Court] authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.E+W+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

10The term of any sentence passed by the Court of Appeal or [F8Supreme Court] under section 36 above shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceeding in relation to which the reference was made.E+W+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F8Words in Sch. 3 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, {Sch. 9 para. 48(3)c)}; S.I. 2009/1604, art. 2

11Where on a reference to the Court of Appeal under section 36 above or a reference to the [F9the Supreme Court] under subsection (5) of that section the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to [F10the Court of Appeal or the Supreme Court] , he shall be entitled to his costs, that is to say to the payment out of central funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, [F11under Supreme Court Rules] .E+W+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

12In the application of this Schedule to Northern Ireland—E+W+N.I.

(a)any reference to the Attorney General shall be construed as a reference to the Attorney General for Northern Ireland;

(b)any reference (except in paragraph 11) to the registrar of criminal appeals shall be construed as a reference to the Master (Queen’s Bench and Appeals);

(c)the reference in paragraph 11 to central funds shall be construed as a reference to money provided by Parliament;

(d)the reference in paragraph 11 to the registrar of criminal appeals shall be construed as a reference to the Master (Taxing Office).

Section 71.

[F12SCHEDULE 4E+W Confiscation Orders

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F12Sch. 4 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(b), Sch. 12; S.I 2003/333, {art. 2(1)} (as amended by S.I. 2003/531)

F13F13Part IE+W Offences in Respect of which Magistrates’ Courts may make Confiscation Orders

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F13Sch. 4 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(b), Sch. 12; S.I 2003/333, {art. 2(1)}

Modifications etc. (not altering text)

C2Sch. 4 Pt. I amended by S.I. 1990/1570, art. 2

Sch. 4 Pt. I amended (1.1.1996) by S.I. 1995/3145, art. 2

Sch. 4 Pt. I amended (1.8.1996) by S.I. 1996/1716, arts.2, 4

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14F14Part IIE+W Orders Varying List of Offences]

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

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F14Sch. 4 repealed (24.3.2003) by 2002 c. 29, ss. 456, 457, 458, Sch. 11 para. 17(2)(b), Sch. 12; S.I 2003/333, {art. 2(1)}

F15F15SCHEDULE 5S

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

Annotations: Help about Annotation
Close

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

Amendments (Textual)

[F18SCHEDULE 6]E+W+S

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F18Sch. 6 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7), Sch.

[F19SCHEDULE 7]E+W+S

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F19Sch. 7 repealed (8.11.1995) by 1995 c. 53, s. 12(1)(7),Sch.

Section 123.

SCHEDULE 8E+W+S+N.I. Custodial Sentences for Young Offenders

Part IE+W+S+N.I. Amendments

GeneralE+W

1In any enactment for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution.E+W

2In any enactment except—E+W

(a)section 21 of the M6Firearms Act 1968;

(b)Schedule 1 to the M7Juries Act 1974;

(c)section 5 of the M8Rehabilitation of Offenders Act 1974; and

(d)section 17(3) of the M9Criminal Justice Act 1982,

for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution.

Annotations: Help about Annotation
Close

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

Marginal Citations

3(1)In any enactment except—E+W

(a)Part II of Schedule 1 to the M10Juries Act 1974;

(b)section 5 of the M11Rehabilitation of Offenders Act 1974; and

(c)sections F20. . . 17(3) of the M12Criminal Justice Act 1982,

for a reference to a sentence of Borstal training there shall be substituted a reference to a sentence of detention in a young offender institution.

(2)In any enactment for a reference to a Borstal institution there shall be substituted a reference to a young offender institution.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Marginal Citations

Army Act 1955 (c. 18)E+W+S+N.I.

Air Force Act 1955 (c. 19)E+W+S+N.I.

Naval Discipline Act 1957 (c. 53)E+W+S+N.I.

4In subsection (6) –E+W+S+N.I.

(a)of section 71AA of the Army Act 1955 and the Air Force Act 1955; and

(b)of section 43AA of the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (a)—

(a)where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;

5In sub-paragraph (6) of paragraph 10—E+W+S+N.I.

(a)of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and

(b)of Schedule 4A to the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (a)—

(a)where the offender is removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;

Firearms Act 1968 (c. 27)E+W

6In section 21(1) and (2) of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime) after the words “youth custody" there shall be inserted the words “or detention in a young offender institution".E+W

Employment Agencies Act 1973 (c. 35)E+W

7In section 13(7)(a)(ii) of the M13 Employment Agencies Act 1973 for the words from “prison" to “institution", in the second place where it occurs, there shall be substituted the words “custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;".E+W

Annotations: Help about Annotation
Close

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

Marginal Citations

Juries Act 1974 (c. 23)E+W

8F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

9In section 5 of the M14 Rehabilitation of Offenders Act 1974 (rehabilitation periods) the words “detention in a young offender institution" shall be inserted—E+W

(a)in subsection (1)(b), after the words “youth custody"; and

(b)in subsection (2), in Table A, after the word “imprisonment", in both places where it occurs.

Annotations: Help about Annotation
Close

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

Marginal Citations

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

10The following paragraph shall be inserted after paragraph (b) of section 17(3) of the Criminal Justice Act 1982 (restrictions on making attendance centre orders)—E+W

(bb)to detention in a young offender institution.

F22F22Part IIE+W Transitional Provisions

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

11F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

12F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

13F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

14F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

15F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

16F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Section 124.

SCHEDULE 9E+W+S+N.I. Detention of Young Offenders in Scotland

Part IE+W+S+N.I. AMENDMENTS

S

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29S

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Army Act 1955 (c. 18)E+W+S+N.I.

Air Force Act 1955 (c. 19)E+W+S+N.I.

Naval Discipline Act 1957 (c. 53)E+W+S+N.I.

2In subsection (6)—E+W+S+N.I.

(a)of section 71AA of the Army Act 1955 and the Air Force Act 1955; and

(b)of section 43AA of the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (b)—

(b)where the offender is in or removed to Scotland, a young offenders institution;.

3In sub-paragraph (6) of paragraph 10—E+W+S+N.I.

(a)of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and

(b)of Schedule 4A to the Naval Discipline Act 1957,

(each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (b)—

(b)where the offender is removed to Scotland, a young offenders institution;.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)S

4In paragraph (b) of Part II (Persons Disqualified) of Schedule I to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 in sub-paragraph (i) for the words “or detention" there shall be substituted the words “detention or youth custody".S

Criminal Justice (Scotland) Act 1980 (c. 62)S

5In section 41(2)(b)(ii) of the Criminal Justice (Scotland) Act 1980 after the words “detention in a" there shall be inserted the words “young offender institution or.".S

Part IIS Transitional Provisions

6An Offender who was ordered to be detained in a detention centre on a date before the commencement of section 124(1) of this Act shall, if the order has not expired at the commencement of that section, be treated for all purposes of detention, release and supervision as if he had been sentenced to detention for the like term in a young offenders institution.S

7A person who at the commencement of section 124 of this Act is detained in a detention centre by virtue of a custodial order—S

(a)under section 71 AA of the M15 Army Act 1955, section 71AA of the M16 Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or

(b)under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the M17 Naval Discipline Act 1957,

shall be detained in such young offenders institution as the Secretary of State may direct, and any enactment applying to persons detained in young offenders institutions shall apply to a person so detained under this paragraph.

Annotations: Help about Annotation
Close

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

Marginal Citations

8Section 5 of the M18 Rehabilitation of Offenders Act 1974 (rehabilitation periods) shall continue to apply as regards any person who, before the commencement of section 124(1) of this Act, had served a sentence of detention in a detention centre as if the said section 124(1) had not been commenced.S

Annotations: Help about Annotation
Close

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

Marginal Citations

F30SCHEDULE 10E+W

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

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F36SCHEDULE 11E+W

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

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F36Sch. 11 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(3), Sch.4 (Sch. 11 para. 8 expressed to be repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch.5).

Section 133.

SCHEDULE 12E+W+S+N.I. Assessors of Compensation for Miscarriages of Justice

1A person may only be appointed to be an assessor for the purposes of section 133 above if he is— E+W+S+N.I.

[F37(a)a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b)an advocate or solicitor in Scotland;

(c)a member of the Bar of Northern Ireland or [F38solicitor of the Court of Judicature of Northern Ireland] of at least 7 years’ standing;]

(d)a person who holds or has held judicial office in any part of the United Kingdom; or

(e)a member (whether the chairman or not) of the Criminal Injuries Compensation Board.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

2A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.E+W+S+N.I.

3A person shall vacate office as an assessor—E+W+S+N.I.

(a)if he ceases to be qualified for appointment as an assessor; or

(b)on attaining the age of 72;

unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office.

4A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.E+W+S+N.I.

5Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—E+W+S+N.I.

(a)he has been convicted of a criminal offence;

(b)he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;

(c)he is incapacitated by physical or mental illness; or

(d)he is otherwise unable or unfit to perform his duties.

[F396(1)The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.E+W+S+N.I.

(2)In the case of a person who qualifies for appointment under—

(a)paragraph (1)(a), or

(b)paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3)In the case of a person who qualifies for appointment under—

(a)paragraph (1)(b), or

(b)paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4)In the case of a person who qualifies for appointment under—

(a)paragraph (1)(c), or

(b)paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.]

Annotations: Help about Annotation
Close

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

Amendments (Textual)

7An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.E+W+S+N.I.

Section 146.

SCHEDULE 13E+W+S+N.I. Evidence Before [F40service courts].

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F40Sch. 13: words in title substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

InterpretationE+W+S+N.I.

1In this Schedule—E+W+S+N.I.

  • procedural instruments” means—

[F41(a)Court Martial rules within the meaning of the Armed Forces Act 2006;

(b)SCC rules within the meaning of that Act; and

(c)rules under section 49 of the Court Martial Appeals Act 1968;]

  • Service courts” means—

[F42(a)the Court Martial;

(b)the Service Civilian Court; and

(c)the Court Martial Appeal Court.]

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F41Words in Sch. 13 para. 1 substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(3)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F42Words in Sch. 13 para. 1 substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(3)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

First-hand hearsayE+W

2F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Modifications etc. (not altering text)

Documentary evidenceE+W+S+N.I.

3F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Modifications etc. (not altering text)

4F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Modifications etc. (not altering text)

5F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Modifications etc. (not altering text)

Letters of request etc.E+W

6(1)[F47No application shall be made under [F48section 7 of the Crime (International Co-operation) Act 2003] in relation to any offence which is or is to be the subject of proceedings before a Service court], but the Secretary of State may by order make provision as to [F49requests for assistance in obtaining outside the United Kingdom evidence] for such proceedings.E+W

(2)An order under this paragraph may make different provision for different classes of case.

(3)The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to [F50requests for assistance in obtaining evidence] for proceedings before a Service court.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

Modifications etc. (not altering text)

Form of evidence and glossariesE+W+S+N.I.

7F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F51Sch. 13 para. 7 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(4), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Use of television linksE+W+S+N.I.

8(1)The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—E+W

(a)to proceedings before Service courts; or

(b)to proceedings or proceedings of specified descriptions before Service courts in specified places.

(2)If an order is made under this paragraph—

(a)subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—

(a)the witness is not in the country where the court is sitting; or

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

(b)F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An order under this paragraph may provide that section 32(1), F53. . . or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.

(4)The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

(6)In this paragraph “modifications” includes additions, omissions and amendments.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

[F54 Video recordings of evidenceE+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

9F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F55Sch. 13 para. 9 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(4), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F56Cross -examination of childrenE+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

10F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F57Sch. 13 para. 10 repealed (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(4), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F58SCHEDULE 14N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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.E+W+S+N.I.

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

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

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,".E+W

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".E+W

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.E+W+S+N.I.

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

6F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

7F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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—E+W+S+N.I.

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 M25Child Abduction Act 1984.E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Marginal Citations

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

10The following paragraph shall be substituted for paragraph (iA) of the proviso to subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)—E+W+S+N.I.

(iA)in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on material that accompanied the copy of that notice which, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, was given to the person charged, being counts which may lawfully be joined in the same indictment;.

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—E+W+S+N.I.

(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".E+W+S+N.I.

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)—E+W+S+N.I.

(a) for each of the references in subsections (2) and (4) to section 43 of the Magistrates’ M26Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal M27Evidence 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"..

Annotations: Help about Annotation
Close

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

Marginal Citations

M26l980 c. 43.

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".E+W+S+N.I.

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 M28Prosecution of Offences Act 1985".E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Marginal Citations

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

17The Criminal Justice Act 1967 shall be amended as follows.E+W+S+N.I.

[F6118In section 62—E+W+S+N.I.

(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..]

Annotations: Help about Annotation
Close

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

Amendments (Textual)

19In subsection (6) of section 67 (computation of sentences) for “(1)" there shall be substituted “(1A)".E+W+S+N.I.

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

20The Criminal Appeal Act 1968 shall be amended as follows.E+W+S+N.I.

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—E+W+S+N.I.

(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.

22F62(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".

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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—E+W+S+N.I.

(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—E+W+S+N.I.

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)—E+W+S+N.I.

(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— E+W+S+N.I.

(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—E+W+S+N.I.

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)—E+W+S+N.I.

(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—E+W+S+N.I.

(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—E+W+S+N.I.

(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..

32F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

F6433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

E+W+S+N.I.

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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 E+W+S+N.I.

(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.E+W+S+N.I.

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

F6637. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

F6738. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F6839. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F6940. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F69 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).

F7041. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F7142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F71Sch. 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".E+W+S+N.I.

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".E+W+S+N.I.

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

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

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.E+W+S+N.I.

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)".E+W+S+N.I.

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 M29Criminal Justice (Scotland) Act 1987)—E+W+S+N.I.

(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. .

Annotations: Help about Annotation
Close

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

Marginal Citations

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—E+W+S+N.I.

(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+W+S+N.I.

(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.

F7252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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.

E+W+S+N.I.

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

58In Schedule 1 to the Interpretation Act l978—E+W+S+N.I.

(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".E+W+S+N.I.

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

60The Protection of Children Act 1978 shall be amended as follows.E+W+S+N.I.

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.

62F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

F7663. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F76Sch. 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)".E+W+S+N.I.

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

65The Magistrates’ Courts Act 1980 shall be amended as follows.E+W+S+N.I.

66In section 6(5) (display of notice of committal or discharge) for the words from “section" to the end there shall be substituted the words “section 4 of the M30Sexual Offences (Amendment) Act 1976 (anonymity of complainant in rape etc. cases)".E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Marginal Citations

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".E+W+S+N.I.

[F7768At 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".]E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F77Sch. 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)—E+W+S+N.I.

(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.E+W+S+N.I.

72The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—E+W+S+N.I.

(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—E+W+S+N.I.

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—E+W+S+N.I.

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—E+W+S+N.I.

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)—E+W+S+N.I.

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

78The following subsection shall be inserted after section 45(3)—E+W+S+N.I.

(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.

F7879. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

80The following paragraph shall be inserted after subsection (4)(a) of section 55 of [F79the Supreme Court Act 1981] (constitution of criminal division of Court of Appeal)—E+W

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

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F79Words in Sch. 15 para. 80 substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 114

E+W+S+N.I.

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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 M31Drug 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)".E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Marginal Citations

E+W+S+N.I.

83, 84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

E+W+S+N.I.

85—88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

89In 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)".E+W+S+N.I.

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".E+W+S+N.I.

91At the end of part II of Schedule 1 to that Act there shall be added—E+W+S+N.I.

CRIMINAL JUSTICE ACT 1988 (c. 33)

30Section 134 (torture).

E+W+S+N.I.

92—94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

E+W+S+N.I.

95, 96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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.E+W+S+N.I.

98F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

99In section 55(1) (intimate searches) for the words “such a search" there shall be substituted the words “an intimate search".E+W+S+N.I.

100In section 65, in the definition of “intimate samples", for the word “orifice" there shall be substituted the word “orifices".E+W+S+N.I.

101In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).E+W+S+N.I.

102F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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)—E+W+S+N.I.

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

104In subsection (11) of section 22 of that Act (power of Secretary of State to set time limits in relation to preliminary steps of criminal proceedings), at the end of paragraph (b) of the definition of “custody of the Crown Court" there shall be added or E+W+S+N.I.

(c)section 5(3)(a) of the Criminal Justice Act 1987 (custody after transfer order in fraud case);

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

F87105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

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

Amendments (Textual)

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

106The Bankruptcy (Scotland) Act 1985 shall be amended as follows.E+W+S+N.I.

107In section 5(4) (interpretation) after “1987" there shall be added the words “, by section 71(9)(a) of the Criminal Justice Act 1988".E+W+S+N.I.

108In section 7(1) (constitution of apparent insolvency)—E+W+S+N.I.

(a)after the words “Drug Trafficking Offences Act 1986" there shall be inserted the words “or by section 78(2) of the Criminal Justice Act 1988";

(b)after the words “(Scotland) Act 1987" there shall be inserted the words “, by section 71(9)(a) of the said Act of 1988"; and

(c)after the words “Act of 1987" there shall be inserted the words “, by section 77(1) of the said Act of 1988".

109Section 55(2) (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.E+W+S+N.I.

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.E+W+S+N.I.

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

Prospective

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

111The following paragraph shall be substituted for subsection (6)(j) of section 3 of the Criminal Justice Act 1987 and subsection (5)(k) of section 54 of the Criminal Justice (Scotland) Act 1987 (each of which sections relates to disclosure of information)—E+W+S+N.I.

(0)a person appointed by the Bank of England under section 41 of the Banking Act 1987 to carry out an investigation and make a report;.

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

112The Criminal Justice Act 1987 shall be amended as follows.E+W+S+N.I.

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".

[F88114(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: Help about Annotation
Close

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

Amendments (Textual)

F88Sch. 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".E+W+S+N.I.

116In paragraph 6(1) of Schedule 1, for “(4)" there shall be substituted “(5)".E+W+S+N.I.

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

117(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.E+W+S+N.I.

(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..

The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)E+W+S+N.I.

118(1)In Article 24(2) of the Public Order (Northern Ireland) Order 1987, for the words “or Part IV" there shall be substituted the words “Part IV or section 139 of the Criminal Justice Act 1988".E+W+S+N.I.

(2)In Article 26(1) of that Order, for the words “or 22(1)" there shall be substituted the words “22(1) or section 139 of the Criminal Justice Act 1988".

(3)In Article 26(2) (c) of that Order, after the words “Article 22(1)" there shall be inserted the words “or section 139 of the Criminal Justice Act 1988", and after the word “weapon" there shall be inserted the words “or article, as the case may be,".

Section 170.

SCHEDULE 16E+W+S+N.I. Repeals

Annotations: Help about Annotation
Close

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

Extent Information

E1The extent of any repeal of an enactment in Sch. 16 is the same as that of the enactment repealed, subject to the Notes at the end of the Schedule

Commencement Information

I1Sch. 16 partly in force; Sch. 16 in force at Royal Assent so far as relating to specified repeals see s. 171(5); Sch. 16 in force so far as relating to further specified repeals at 29.9.1988 see s. 171(6); Sch. 16 in force so far as relating to further specified repeals: at 1.10.1988 by S.I. 1988/1408; at 12.10.1988 by S.I. 1988/1676; at 1.11.1988 by S.I. 1988/1817; at 5.1.1989 by S.I. 1988/2073; at 23.1.1989 by S.I. 1989/50; at 3.4.1989 by S.I. 1989/264; at 31.7.1989 by S.I. 1989/1085; at 1.1.2000 by S.I. 1999/3425

7 Geo. 4. c. 24.Criminal Law Act 1826.Section 30.
24 & 25 Vict. c. 100.Offences against the Person Act 1861.Sections 42 and 43.
In section 44, the word “such, in the first place where it occurs, and the words “under either of the last two preceding sections.
Section 46.
In section 47, the words from “and to the end.
6 & 7 Geo. 5. c. 64.Prevention of Corruption Act 1916.Sections 1 and 3.
15 & 16 Geo. 5. c. 86.Criminal Justice Act 1925.Section 39.
23 & 24 Geo. 5. c. 12.Children and Young Persons Act 1933.Section 1(5) and (6).
In section 38(1), the proviso.
In Schedule 1, in the third paragraph, the words “forty-two, forty-three.
1 Edw. 8. & 1 Geo. 6. c. 37.Children and Young Persons (Scotland) Act 1937.Section 12(5) and (6).
15 & 16 Geo. 6. and 1 Eliz. 2. c. 52.Prison Act 1952.Section 43(1)(b) and (c).
1952 c. 61.Prisons (Scotland) Act 1952.In section 31(1), paragraph (b).
In section 31(3), the words “detention c entre.
In section 31(4), the words “detention centres wherever they occur.
In section 34, the words “or a detention centre.
In section 35(1), the words “detentio n centres.
In section 37(1), the words “or detention centre.
In section 37(2), the words “or detention centre wherever they occur.
9 & 10 Eliz. 2. c. 39.Criminal Justice Act 1961.Section 2.
1967 c. 68.Fugitive Offenders Act 1967.In section 8(1) and (2), the words “to custody.
In section 11(1), the words “in respect of a person in custody thereunder.
In section 16(1), the words “(except for purposes of the references to the United Kingdom in section 3).
Schedule 1.
1967 c. 80.Criminal Justice Act 1967.Section 49.
In Schedule 3, Part I, the entry relating to the Prevention of Corruption Act 1906.
1968 c. 19.Criminal Appeal Act 1968.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.
Section 10(3)(d).
Section 42.
1968 c. 27.Firearms Act 1968.In section 21(2), the words “to borstal training, to corrective training for less than three years or.
In section 52(1)(a), the words “preventive detention, corrective training, borstal training,.
1969 c. 12.Genocide Act 1969.Section 2(1)(b) and the word “and immediately preceding it.
In section 3(1), the words “and sections 16 and 17 of the Fugitive Offenders Act 1967.
l969 c. 54.Children and Young Persons Act l969.In section 16(10), the words from “and the provisions to the end.
Section 22(5).
In section 29, the words “he or.
Section 34(1)(f)
In section 60, subsection (1)(b) and the word “and immediately preceding it, and in subsection (2), the words “or section 16(2) or 17 of the said Act of 1967.
F89. . ..F89. . .F89. . ..
1971 c. 40.Fire Precautions Act 1971.In section 40(2)(b), the words “detention centre.
1972 c. 20.Road Traffic Act 1972.In section 100, the words “or attempting to drive.
1972 c. 71.Criminal Justice Act 1972.Section 28(3).
In Schedule 5, the amendment of the Criminal Appeal Act l968.
1973 c. 14.Costs in Criminal Cases Act 1973.In Schedule 1, paragraph 3.
1973 c. 62.Powers of Criminal Courts Act 1973.Section 22(5).
In section 34A(1)(c), the words “other than an order under section 35 of this Act.'
Sections 39 and 40.
In section 57(3), the definition of “detention centre.
In Schedule 3, paragraph 2(4)(b) and the word “and immediately preceding it, and paragraph 7.
In Schedule 5, paragraph 29.
1974 c. 23.Juries Act 1974.In section 12(1)(a), the words “not more than three jurors without cause and.
In section 16(2), the words “for murde r or.
1976 c. 82.Sexual Offences (Amendment) Act 1976.In section 4, in subsection (3), the words “before the Crown Court at which a person is charged with a rape offence and “relating to the complainant, and subsection (7)(a).
In section 5(6), the words from the beginning to “and, in the second place where it occurs.
Section 6.
In section 7, in subsection (4), the words “and 6(4)(b), in subsection (5), the words “and 6 and in subsection (6), the words “and section 6(1) as adapted by section 6(4)(b).
1977 c. 45.Criminal Law Act 1977.Section 43.
In Schedule 5, paragraph 2, so far as relating to section 99(b) of the Road Traffic Act 1972.
In Schedule 6, the entry relating to the Offences against the Person Act 1861.
In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 4(b) and (c).
1978 c. 26.Suppression of Terrorism Act 1978.Section 3(2).
1978 c. 31.Theft Act 1978.In section 5(3) the words from “and to the end.
1978 c. 37.Protection of Children Act 1978.In section 1(6), paragraph (b) and the word “and immediately preceding it and the words “and sections 16 and 17 of the 1967 Act.
In section 4(2), the words from “taken to the end.
In section 5(2), the words from “taken to “distributed or shown,.
1980 c. 9.Reserve Forces Act 1980.In Schedule 1, paragraph 5(c)(ii) and the word “or immediately preceding it.
1980 c. 43.Magistrates’ Courts Act 1980.Section 22(7).
Section 32(7).
Section 134.
In section 143, subsection (2)(l) to (n), subsections (4) and (5) and in subsection (6) the words “or (4).
In Schedule 1, in paragraph 5(h), the words “— common assault.
1982 c. 16.Civil Aviation Act 1982.Section 93(3).
1982 c. 28.Taking of Hostages Act 1982.In section 3, subsection (1)(b) and the word “and immediately preceding it and subsections (3) and (5).
1982 c. 36.Aviation Security Act 1982.In section 9, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (3).
1982 c. 48.Criminal Justice Act 1982.Sections 4 to 7.
Section 12(1) to (5), (8) and (9).
Section 14.
Section 20(1).
In section 43, the words from “and, in the case to “thereof and the words from “(but to the end of the section.
Sections 74 and 75.
In section 80(1), the words “section 74; section 75;.
In Schedule 8, paragraphs 3(c) and 7(d).
1983 c. 18.Nuclear Material (Offences) Act 1983.In section 5, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (4).
1984 c. 39.Video Recordings Act 1984.Section 15(2), (4) and (5).
1984 c. 46.Cable and Broadcasting Act 1984.In Schedule 5, paragraph 34(6).
1984 c. 47.Repatriation of Prisoners Act 1984.In Schedule 1, paragraph 4.
1984 c. 60.Police and Criminal Evidence Act 1984.Section 24(2)(e).
In section 65, the word “and befor e “references.
Section 68.
In Schedule 3, paragraphs 1 to 7 and paragraph 13.
1985 c. 13.Cinemas Act 1985.In Schedule 2, paragraph 11.
1985 c. 37.Prohibition of Female Circumcision Act 1985.Section 3(1)(b) and the word “and immediately preceding it.
1985 c. 51.Local Government Act 1985.In section 15(5), the words “or 7.
1985 c. 65.Insolvency Act 1985.In Schedule 8, paragraph 24.
1986 c. 32.Drug Trafficking Offences Act 1986.In section 6, in subsection (1), paragraph (b) and the word “and immediately preceding it, in subsection (3), the words “or 9 and subsection (5).
Section 10(1).
Section 15(5)(b) and (c).
In section 17(1), the words from “but to the end.
In section 19, in subsection (1) (b) (i), the words “(and no conviction for any drug trafficking offence is substituted) and in subsection (2), in paragraph (a), the words “and that, but for that default, the proceedings would not have been instituted or continued, and in paragraph (b), the word “substantial.
In section 25(3), the words “varying or revoking a previous Order in Council.
In section 38(11), the words “in England and Wales.
1986 c. 45.Insolvency Act 1986.Section 264(1)(d) and the word “or immediately preceding it.
Section 266(4).
Section 267(3).
Section 277.
Section 282(2).
In section 293(1), the words “does not apply where the bankruptcy order was made on a petition under section 264(1)(d) (criminal bankruptcy); and it.
Section 297(1).
Section 327.
Section 341(4) and (5).
Section 382(1)(c).
In section 383(1)(a), the words from “(being, to “question).
In section 385(1), the definition of “criminal bankruptcy order.
Section 402.
1987 c. 38.Criminal Justice Act 1987.Section 9(3)(a).
In section 11, in subsection (8)(e), the word “engaged, and subsection (11).
In Schedule 2, paragraph 1(2).
1987 c. 41.Criminal Justice (Scotland) Act 1987.Section 45(7)(c)(ii) and the word “and immediately preceding it.
1988 c. 13.Coroners Act 1988.In Schedule 3, paragraph 14.
Annotations: Help about Annotation
Close

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

Amendments (Textual)

F89 Sch. 16: Entry relating to s. 41(8) of the Administration of Justice Act 1970 repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 23(3), 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

Notes

1The repeals in the Offences against the Person Act 1861 and the Prevention of Corruption Act 1916 do not extend to Northern Ireland.E+W+S+N.I.

2The repeal in the Road Traffic Act 1972 does not extend to Scotland.E+W+S+N.I.

3The repeal of sections 74 and 75 of the Criminal Justice Act 1982 and the repeals in sections 80 and 81 of that Act do not affect those sections as they apply—E+W+S+N.I.

(a)in any of the Channel Islands; or

(b)in the Isle of Man,

and any Order in Council applying section 74(1) or 75 to any of those Islands shall continue to have effect as if this Act had not been passed.

Back to top

Options/Help

Print Options

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources