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Criminal Justice Act 1948

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This is the original version (as it was originally enacted).

TENTH SCHEDULEEnactments Repealed

Part IRepeals Extending to England only

Session and ChapterShort Title.Extent of Repeal.
11 Will. 3. c. 12.An Act to Punish Governors of Plantations in this Kingdom for Crimes by them committed in the Plantations.The words " in his Majesties Court of Kings Bench " and the words from " or before such commissioners" to "same county ".
42 Geo. 3. c, 85.The Criminal Jurisdiction Act, 1802.In section one, the words " in his Majesty's Court of King's Bench " ; the words from " found, in which information " to " Middlesex " ; and the words " at the discretion of his Majesty's Court of King's Bench ".
3 Geo. 4. c. 114.The Hard Labour Act, 1822.The whole Act.
5 Geo. 4. c. 83.The Vagrancy Act, 1824.In section five, the words from " and every such offender " to the end. In section ten, the words from " and to order further " to the end.
5 Geo. 4. c. 84.The Transportation Act, 1824.The whole Act.
6 Geo. 4. c. 50.The Juries Act, 1825.In section twenty-nine, the words from " and no person " to the end.
7 & 8 Geo. 4. c. 28.The Criminal Law Act, 1827.In section ten, the words from " and where " to the end.
11 Geo. 4. & 1 Will. 4. c. 39.The Transportation Act, 1830.The whole Act.
11 Geo. 4. & 1 Will. 4. c. 70.The Law Terms Act, 1830.Section thirty-three.
3 & 4 Will. 4. c. 99.The Fines Act, 1833.Section twenty-nine.
4 & 5 Will. 4. c. 67.The Transportation Act, 1834.The whole Act.
1 & 2 Vict. c. 82.The Parkhurst Prison Act, 1838.The whole Act.
2 & 3 Vict. c. 56.The Prisons Act, 1839.The whole Act.
3 & 4 Vict. c. 61.The Beerhouse Act, 1840.In section seven, the words " of felony or ".
5 & 6 Vict. c. 29.The Pentonville Prison Act, 1842.The whole Act.
5 & 6 Vict. c. 61.The South Australia Act. 1842.The whole Act.
5 & 6 Vict. c. 98.The Prison Act, 1842.Section twelve.
6 & 7 Vict. c. 7.The Transportation Act, 1843.The whole Act.
10 & 11 Vict. c. 67.The Transportation Act, 1847.The whole Act.
11 & 12 Vict. c. 43.The Summary Jurisdiction Act, 1848.In section twenty-one, the words "or to imprison him and keep him to hard labour ".
13 & 14 Vict. c 39-The Convict Prisons Act, 1850.The whole Act.
14 & 15 Vict. c. 100.The Criminal Procedure Act, 1851.Section twenty-nine.
16 & 17 Vict. c. 99.The Penal Servitude Act, 1853.The whole Act.
16 & 17 Vict. c. 121.The Convict Prisons Act, 1853.The whole Act.
19 & 20 Vict. c. 54.The Grand Juries Act, 1856.The whole Act.
20 & 21 Vict. c. 3-The Penal Servitude Act, 1857.The whole Act, except sections two and six.
23 & 24 Vict. c. 27.The Refreshment Houses Act, i860.In section twenty-two, the words " of felony or "
23 & 24 Vict. c 75-The Criminal Lunatic Asylums Act, i860.

In section four, the words from " any such persons" to " council of supervision " and the words from " and to remove " to " for the asylum ".

Sections five, six, fourteen and fifteen.

24 & 25 Vict. c. 96.The Larceny Act, 1861.

In sections twelve, thirteen and sixteen, the words from " with or without hard labour " to the end.

Sections one hundred and eight and one hundred and nineteen.

24 & 25 Vict. c. 97.The Malicious Damage Act, 1861.

In sections one to ten, fourteen to twenty-one, twenty-three, twenty-six to thirty-three, thirty-five, forty-two to forty-eight and fifty, the words " and, if a male under the age of sixteen years, with or without whipping" wherever those words occur.

In sections twenty-two and fifty-four, the words from " with or without hard labour " to the end.

In section thirty-nine, the words from " with or without hard labour " to " whipping."

Sections sixty-six and seventy-five.

24 & 25 Vict. c. 100.The Offences Against the Person Act, 1861.

In section five, the words " or to pay '' to the end of the section.

In sections sixteen, twenty-eight to thirty, thirty-two and fifty-six, the words " and, if a male under the age of sixteen years, with or without whipping " wherever those words occur.

In section sixty-four, the words from " with or without hard labour " to the end.

Section seventy.

26 & 27 Vict. c. 44.The Garrotters Act, 1863.The whole Act.
27 & 28 Vict. c. 47.The Penal Servitude Act, 1864.The whole Act.
28 & 29 Vict. c. 126.The Prison Act, 1865.Section forty-four.
33 & 34 Vict. c. 23.The Forfeiture Act, 1870.In section two, the words " with hard labour, or ". Sections six to thirty.
34 & 35 Vict. c. 112.The Prevention of Crimes Act, 1871.Sections three to five and eight. In section seventeen, paragraph (4) of the proviso.
35 & 36 Vict. c. 52.The Middlesex Grand Juries Act. 1872.The whole Act.
39 & 40 Vict. c. 42.The Convict Prisons Returns Act, 1876.The whole Act.
40 & 41 Vict. c. 21.The Prison Act, 1877.

In section nine, the words " and enforcement of hard labour ".

In section eleven, the words " and as to the commercial value of the labour on ".

Sections thirteen, fourteen, thirty-nine and forty.

42 & 43 Vict. c. 49.The Summary Jurisdiction Act, 1879.

In section four, the words " impose the same without hard labour and " and the words " or do either of such acts ".

In section ten, in subsection (2) the words from " and when the child is a male " to the end.

In section eleven, in subsection (1), the words " the character and antecedents of the person charged ".

In section thirty-one, in subsection (1), paragraphs (iii) and (v), and in paragraph (iv) the words " on his complying with the provisions of the preceding paragraph, if he has not already done so and ".

42 & 43 Vict. c 55-The Prevention of Crime Act, 1879.The whole Act.
54 & 55 Vict. c. 69.The Penal Servitude Act, 1891.Sections two to six And ten.
55 & 56 Vict. c. 32.The Clergy Discipline Act, 1892.In section one, the words " with hard labour ".
60 & 61 Vict. c. 18.The Juries Detention Act, 1807.The whole Act.

61 & 62 Vict. c. 41.

.

The Prison Act, 1898.

Sections one to six.

In section seven, the words ' " local and convict ".

Sections eight and eleven.

Subsection (1) of section fourteen.

6 Edw. 7. c. 55The Public Trustee Act, 1906.Paragraph (e) of subsection (1) of section two.
7 Edw. 7. c. 17.The Probation of Offenders Act, 1907.The whole Act.
7 Edw. 7. c. 23.The Criminal Appeal Act, 1907.

In section seven, the words " or corporal punishment ".

In section fourteen, subsections (1), (3) and (5).

In section twenty, in subsection (2) the words from " but shall not apply" to the end of the subsection.

8 Edw. 7. c. 59.The Prevention of Crime Act, 1908.The whole Act.
10 Edw. 7 & 1 Geo. 5. c. 24.The Licensing (Consolidation) Act, 1910.In section thirty-five, paragraph (2).
1 & 2 Geo. 5. c. 28.The Official Secrets Act, 1911.In section ten, in subsection (2) the words ." in the High Court " and the words " or the Central Criminal Court ".
3 & 4 Geo. 5. c. 27.The Forgery Act, 1913.In section twelve, subsection (1) and in paragraph (b) of subsection (2) the words " penal servitude or ".
3 & 4 Geo. 5. c. 28.The Mental Deficiency Act, 1913.The proviso to subsection (2) of section twenty-five.
4 & 5 Geo. 5. c 58.The Criminal Justice Administration Act, 1914.Sections seven to eleven, fifteen and sixteen, paragraph (b) of section seventeen, sections twenty-six and thirty-six and subsection (1) of section thirty-seven.
5 & 6 Geo. 5. c. 90.The Indictments Act, I9I5-In section four, the words " and the person accused shall have the same right of challenging jurors ".
6 & 7 Geo. 5. c. 31.The Police, Factories, &c. (Miscellaneous Provisions) Act, 1916.Section twelve.
6 & 7 Geo. 5. c. 50.The Larceny Act, 1916

In section two, the words from "and the offender" to the end.

Paragraph (c) of section sixteen.

In section seventeen, the words from " and in the case of a clerk '' to the end.

In section twenty-three, in subsection (1) the words from "and, in addition" to the end.

In section twenty-nine, in subsection (1) the words from " and, if a male under the age of sixteen years " to the end.

In section thirty-three, paragraph (c) of subsection (1).

In section thirty-four, the words from " and, if a male under the age of sixteen years " to the end.

In section thirty-seven, subsections (3), (4) and (6) and in paragraph (b) of subsection (5) the words " penal servitude or ".

10 & 11 Geo. 5. c. 23.The War Pensions Act, 1920.Subsection (1) of section seven.
11 & 12 Geo. 5. C 39-The Admiralty Pensions Act, 1921.Subsection (1) of section two.
15 & 16 Geo. 5. c. 20.The Law of Property Act, 1925.In section seven, paragraph (a) of subsection (3).
15 & 16 Geo. 5. c. 86.The Criminal Justice Act, 1925.

Sections one to ten.

In section twelve, in subsection (5) the word " forthwith," in the first place where that word occurs, the words '' after the conclusion of the evidence of the accused " and the words '' either forthwith or, if a speech is to be made by counsel or solicitor on behalf of the accused after the conclusion of that speech ".

In section twenty-four, in subsection (1) the words " the character and antecedents of the accused ".

Sections twenty-five and forty-six.

16 & 17 Geo. 5. c. 13.The Criminal Justice (Amendment) Act, 1926.The whole Act.
16 & 17 Geo. 5. c 58.The Penal Servitude Act, 1926.The whole Act.
23 & 24 Geo. 5. c. 12.The Children and Young Persons Act, 1933-

Section thirty-three.

In section forty-eight, in subsection (3) the words from " and where " to the end.

Section fifty-two.

In section fifty-three, in subsection (2) the words " notwithstanding anything in the other provisions of this Act ".

In section fifty-eight, in proviso (a), the words " undergoing detention in a Borstal Institution, or was ".

In section fifty-nine, the proviso to subsection (1).

In section sixty-six, subsection (3)

In section eighty-two, in subsection (1), the words from and that court ", to the end.

So much of the Third Schedule as amends the Probation of Offenders Act, 1907.

In the Fourth Schedule, in paragraph 8, the words from " and that court " to the end.

23 & 24 Geo. 5. c. 36.The Administration of Justice (Miscellaneous Provisions) Act, 1933.

In section one, in subsection (1) the words "Subject to the provisions of this section " ; and subsection (4).

In the Second Schedule, in paragraph 4, the words " in the case of any bill of indictment preferred under this Act ".

23 & 24 Geo. 5. c. 38.The Summary Jurisdiction (Appeals) Act, 1933-

In section two, subsection (9).

In section three, in subsection (1), the words " so soon as an appellant has complied with the provisions of paragraph (iii) of subsection (1) of section thirty-one of the Summary Jurisdiction Act, 1879, with respect to entering into a recognisance or giving other security " and the words " and the recognisance, if any, and a statement as to any other security given by the appellant " and in subsection (2) the word " separate ".

26 Geo. 5. & 1 Edw. 8. c. 16.The Coinage Offences Act, 1936.In section twelve, in subsection (1), the words " penal servitude or ".
i Edw. 8. & i Geo. 6. c. 12.The Firearms Act, 1937.

In section twenty-one, in para-graph (6) of subsection (2) the words " is subject to the supervision of the police or ".

In section twenty-five, in sub-section (1), the words "to be subject to police supervision or ".

i Edw. 8. & i Geo. 6. c. 58.The Summary Pro-cedure (Domestic Proceedings) Act, 1937-Section seven.
1 & 2 Geo. 6. c. 21.The Dogs Amendment Act, 1938.In section one, the words " or until the appeal can no longer be prosecuted under the Summary Jurisdiction Acts, as the case may be ".
1 & 2 Geo. 6. c. 63.The Administration of Justice (Miscellaneous Provisions) Act, 1938.In section eleven, in subsection (1) the words from "and (b) any indictment " to the end of the subsection ; and in subsection (2) the words from "and with respect" to the end of the subsection.
7 & 8 Geo. 6. c. 31.The Education Act, 1944-In section one hundred and twenty, in subsection (2) the words " subsection (3) of section fifty-two and ".
10 & 11 Geo. 6. c. 38.The Probation Officers (Superannuation) Act, 1947-

In section two, the words from " Part I " to the words " first column of" in the second place where they occur.

Part I of the Schedule.

Part IIRepeals Extending to Scotland

Session and Chapter.Short Title.Extent of Repeal.
t Geo. 4. c. 57.The Whipping Act, 1820.The whole Act.
5 & 6 Vict. c. 51.The Treason Act, 1842.In section two the words from " and during the period of such imprisonment" to the end.
23 & 24 Vict. c. 105.The Prisons (Scotland) Act, i860.Section seventy-four.
25 & 26 Vict. c 18.T he Whipping Act, 1862.The whole Act.
48 & 49 Vict. c. 69.The Criminal Law Amendment Act, 1885.In section four, the words from '' Provided that in the case of an offender " to "in manner in that Act mentioned ".
55 & 56 Vict. C. 55.The Burgh Police (Scotland) Act, 1892.Section five hundred and fourteen.
2 & 3 Geo. 5. c. 20.The Criminal Law-Amendment Act, 1912.

Section three.

In section seven, in subsection (5) the words from " and, in the case of a second or subsequent conviction " to the end.

Part IIIRepeals Extending to Scotland and Northern Ireland

Session and Chapter.Short Title.Extent of Repeal.
20 Hen. 6. c. 9Recital of Magna Charta relating to Trial by Peers ; Noble ladies to be tried as- Peers of the Realm are tried.The whole Act.
31 Hen. 8. c. 10An Act for the placing of the Lords in the Parliament.Section nine.
33 Hen. 8. c. 12An Act for Murder and Malicious Bloodshed within the Court.Section seven.
35 Hen. 8. c. 2An Act concerning the Trial of Treasons committed out of the King's Majesty's Dominions.Section two.
2 & 3 Edw. 6. c. 1.An Act for the uniformity of service and administration of the Sacraments throughout the Realm.Section ten.
1 Eliz. c. 1An Act for restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all foreign power repugnant to the same.Section eighteen.
1 Eliz. c. 2 ...An Act for the Uniformity of Common Prayer and Divine Service in the Church, and the administration of the Sacraments.Section nine.
2 Eliz. c. 1 ...An Act of the Parliament of Ireland restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual, and abolishing all foreign power repugnant to the same.In section fifteen, the words from " And if it shall happen " to the end of the section.
2 Eliz. c. 2An Act of the Parliament of Ireland for the Uniformity of Common Prayer and Service in the Church, and the administration of the Sacraments.Section nine.
13 Chas. 2. Stat. 1. c. 1.An Act for the Safety and Preservation of His Majesty's Person and Government against Treasonable and Seditious practices and attempts.In section seven, the words " that no peer of this realm shall be tried for any offence against this Act but by his peers, and further ".
1707 Anne c. 7.An Act of the Parliament of Scotland ratifying and approving the Treaty of Union of the two Kingdoms of Scotland and England.So far as it ratifies, approves and confirms the following words in Article XXIII of the Treaty of Union, that is to say, the words from "and particularly the right of sitting upon the trials of peers " to " at such trials as any other peers of Great Britain " ; the words " and shall be tried as peers of Great Britain " ; and the words " and particularly the right of sitting upon the trials of peers ".
6 Anne c. 11The Union with Scotland Act, 1706.Section four, so far as it ratifies, approves and confirms the following words in Article XXIII of the Treaty of Union, that is to say, the words from " and 'particularly the right of sitting upon the trials of peers "to " at such trials as any other peers of Great Britain " ; the words " and shall be tried as peers of Great Britain " ; and the words " and particularly the right of sitting upon the trials of peers ".
6 Annec. 78The Scottish Representative Peers Act, 1707.Section twelve.
33 Geo. 3. c. 45.An Act of the Parliament of Ireland for the trial of Treason committed out of the King's dominions.Section two.
39 & 40 Geo. 3. c. 67.The Union with Ireland Act, 1800.Section one, so far as it ratifies, confirms and approves the following words in Article IV of the Articles of Union, that is to say, in the fourth paragraph, the words from " and that he shall be liable " to "charged"; and in the last paragraph the words from " and the lords " to " respectively on the part of Great Britain " ; the words " and particularly the right of sitting on the trial of peers " ; the words " be sued and tried as peers, except as aforesaid, and shall" ; and the words " and the right of sitting 1 on the trial of peers ".
40 Geo. 3. c. 38.An Act of the Parliament of Ireland for the Union of Great Britain and Ireland.Section one, so far as it ratifies, confirms and approves the following words in Article IV of the Articles of Union, that is to say, in the fourth paragraph, the words from " and that he shall be liable" to " charged " ; and in the last paragraph the words from " and the lords " to " respectively on the part of Great Britain ''; the words " and particularly the right of sitting on the trial of peers " ; the words " be sued and tried as peers, except as aforesaid, and shall" ; and the words " and the right of sitting on the trial of peers ".
6 Geo. 4. c. 66.The Trial of Peers (Scotland) Act, 182'vThe whole Act.
4 & 5 Vict. c. 22.The Felony Act, 1841 ...The whole Act.
25 & 26 Vict. c. 6s.The Jurisdiction in Homicides Act. 1862.Section nineteen.
20 & 21 Geo. 5. c. 45.The Criminal Appeal (Northern Ireland) Act, 1930.In section nineteen, in subsection (2), the words from " but shall not apply " to the end of the subsection.

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