Search Legislation

Criminal Justice Act 1993

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 1993. 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 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):

PART IE+W JURISDICTION

1 Offences to which this Part applies.E+W

(1)This Part applies to two groups of offences—

(a)any offence mentioned in subsection (2) (a “Group A offence”); and

(b)any offence mentioned in subsection (3) (a “Group B offence”).

(2)The Group A offences are—

(a)an offence under any of the following provisions of the M1Theft Act 1968—

  • section 1 (theft);

  • F1...

  • F1...

  • F1...

  • section 17 (false accounting);

  • section 19 (false statements by company directors, etc.);

  • F1...

  • section 21 (blackmail);

  • section 22 (handling stolen goods);

  • [F2section 24A (retaining credits from dishonest sources, etc.]

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(bb)an offence under any of the following provisions of the Fraud Act 2006—

(i)section 1 (fraud);

(ii)section 6 (possession etc. of articles for use in frauds);

(iii)section 7 (making or supplying articles for use in frauds);

(iv)section 9 (participating in fraudulent business carried on by sole trader etc.);

(v)section 11 (obtaining services dishonestly).]

(c)an offence under any of the following provisions of the M2Forgery and Counterfeiting Act 1981—

  • section 1 (forgery);

  • section 2 (copying a false instrument);

  • section 3 (using a false instrument);

  • section 4 (using a copy of a false instrument);

  • section 5 (offences which relate to money orders, share certificates, passports, etc.);

  • [F5section 14 (offences of counterfeiting notes and coins);

  • F5section 15 (offences of passing etc counterfeit notes and coins);

  • F5section 16 (offences involving the custody or control of counterfeit notes and coins);

  • F5section 17 (offences involving the making or custody or control of counterfeiting materials and implements);

  • F5section 20 (prohibition of importation of counterfeit notes and coins);

  • F5section 21 (prohibition of exportation of counterfeit notes and coins);]

[F6(ca)an offence under any of sections 4 to 6 of the Identity Documents Act 2010;]

(d)the common law offence of cheating in relation to the public revenue.

(3)The Group B offences are—

(a)conspiracy to commit a Group A offence;

(b)conspiracy to defraud;

(c)attempting to commit a Group A offence;

(d)incitement to commit a Group A offence.

(4)The Secretary of State may by order amend subsection (2) or (3) by adding or removing any offence.

(5)The power to make such an order shall be exercisable by statutory instrument.

(6)No order shall be made under subsection (4) unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

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)

F1Words in s. 1(2)(a) repealed (15.1.2007) by Fraud Act 2006 (c. 35), s. 15(1), Sch. 1 para. 24(1), Sch. 3; S.I. 2006/3200, art. 2

F2S. 1(2): entry relating to s. 24A inserted (18.12.1996) by 1996 c. 62, s. 3(3)

F5Entries in s. 1(2)(c) inserted (1.8.2000) by S.I. 2000/1878, art. 2

F6S. 1(2)(ca) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 8

Modifications etc. (not altering text)

Marginal Citations

2 Jurisdiction in respect of Group A offences.E+W

(1)For the purposes of this Part, “relevant event”, in relation to any Group A offence, means [F7(subject to subsection (1A))] any act or omission or other event (including any result of one or more acts or omissions) proof of which is required for conviction of the offence.

[F8(1A)In relation to an offence under section 1 of the Fraud Act 2006 (fraud), “relevant event” includes—

(a)if the fraud involved an intention to make a gain and the gain occurred, that occurrence;

(b)if the fraud involved an intention to cause a loss or to expose another to a risk of loss and the loss occurred, that occurrence.]

(2)For the purpose of determining whether or not a particular event is a relevant event in relation to a Group A offence, any question as to where it occurred is to be disregarded.

(3)A person may be guilty of a Group A offence if any of the events which are relevant events in relation to the offence occurred in England and Wales.

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)

3 Questions immaterial to jurisdiction in the case of certain offences.E+W

(1)A person may be guilty of a Group A or Group B offence whether or not—

(a)he was a British citizen at any material time;

(b)he was in England and Wales at any such time.

(2)On a charge of conspiracy to commit a Group A offence, or on a charge of conspiracy to defraud in England and Wales, the defendant may be guilty of the offence whether or not—

(a)he became a party to the conspiracy in England and Wales;

(b)any act or omission or other event in relation to the conspiracy occurred in England and Wales.

(3)On a charge of attempting to commit a Group A offence, the defendant may be guilty of the offence whether or not—

(a)the attempt was made in England and Wales;

(b)it had an effect in England and Wales.

(4)Subsection (1)(a) does not apply where jurisdiction is given to try the offence in question by an enactment which makes provision by reference to the nationality of the person charged.

(5)Subsection (2) does not apply in relation to any charge under the M3Criminal Law Act 1977 brought by virtue of section 1A of that Act.

(6)Subsection (3) does not apply in relation to any charge under the M4Criminal Attempts Act 1981 brought by virtue of section 1A of that 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.

Marginal Citations

4 Rules for determining certain jurisdictional questions relating to the location of events.E+W

In relation to a Group A or Group B offence—

(a)there is an obtaining of property in England and Wales if the property is either despatched from or received at a place in England and Wales; and

(b)there is a communication in England and Wales of any information, instruction, request, demand or other matter if it is sent by any means—

(i)from a place in England and Wales to a place elsewhere; or

(ii)from a place elsewhere to a place in England and Wales.

5 Conspiracy, attempt and incitement.E+W

F9(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The following section shall be inserted in the M5Criminal Attempts Act 1981, after section 1—

1A Extended jurisdiction in relation to certain attempts.

(1)If this section applies to an act, what the person doing the act had in view shall be treated as an offence to which section 1(1) above applies.

(2)This section applies to an act if—

(a)it is done in England and Wales, and

(b)it would fall within section 1(1) above as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in England and Wales.

(3)In this section “Group A offence” has the same meaning as in Part 1 of the Criminal Justice Act 1993.

(4)Subsection (1) above is subject to the provisions of section 6 of the Act of 1993 (relevance of external law).

(5)Where a person does any act to which this section applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence..

(3)A person may be guilty of conspiracy to defraud if—

(a)a party to the agreement constituting the conspiracy, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or

(b)a party to it became a party in England and Wales (by joining it either in person or through an agent), or

(c)a party to it, or a party’s agent, did or omitted anything in England and Wales in pursuance of it,

and the conspiracy would be triable in England and Wales but for the fraud which the parties to it had in view not being intended to take place in England and Wales.

(4)A person may be guilty of incitement to commit a Group A offence if the incitement—

(a)takes place in England and Wales; and

(b)would be triable in England and Wales but for what the person charged had in view not being an offence triable in England and Wales.

(5)Subsections (3) and (4) are subject to section 6.

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)

Commencement Information

I1S. 5 partly in force; s. 5 not in force at Royal Assent see s. 78; s. 5(2) in force at (1.6.1999) by S.I. 1999/1189, art. 2; s. 5(3)-(5) in force at (1.6.1999) by S.I. 1999/1499, art. 2

Marginal Citations

6 Relevance of external law.E+W

(1)A person is guilty of an offence triable F10. . . by virtue of section 5(3), only if the pursuit of the agreed course of conduct would at some stage involve—

(a)an act or omission by one or more of the parties, or

(b)the happening of some other event,

constituting an offence under the law in force where the act, omission or other event was intended to take place.

(2)A person is guilty of an offence triable by virtue of section 1A of the M6Criminal Attempts Act 1981, or by virtue of section 5(4), only if what he had in view would involve the commission of an offence under the law in force where the whole or any part of it was intended to take place.

(3)Conduct punishable under the law in force in any place is an offence under that law for the purposes of this section, however it is described in that law.

(4)Subject to subsection (6), a condition specified in subsection (1) or (2) shall be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

(a)stating that, on the facts as alleged with respect to the relevant conduct, the condition is not in their opinion satisfied;

(b)showing their grounds for that opinion; and

(c)requiring the prosecution to show that it is satisfied.

(5)In subsection (4) “the relevant conduct” means—

(a)where the condition in subsection (1) is in question, the agreed course of conduct; and

(b)where the condition in subsection (2) is in question, what the defendant had in view.

(6)The court, if it thinks fit, may permit the defence to require the prosecution to show that the condition is satisfied without the prior service of a notice under subsection (4).

(7)In the Crown Court, the question whether the condition is satisfied shall be decided by the judge alone.

(8)The following paragraph shall be inserted in section 9(3) of the M7Criminal Justice Act 1987 (preparatory hearing in a case of serious fraud), before paragraph (b)—

(aa)a question arising under section 6 of the Criminal Justice Act 1993 (relevance of external law to certain charges of conspiracy, attempt and incitement);.

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

Back to top

Options/Help

Print Options

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 enacted version 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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources