http://www.legislation.gov.uk/id/ukpga/1988/33/schedule/5

http://www.legislation.gov.uk/ukpga/1988/33/schedule/5/part/II/2008-07-14

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

text

text/xml

Statute Law Database

2024-06-18

2008-07-14

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

SCHEDULES

SCHEDULE 5 Drug Trafficking Amendments

Part II Amendments of Criminal Justice (Scotland) Act 1987

18

The M1Criminal Justice (Scotland) Act 1987 shall be amended as follows.

19

In section 1 (confiscation orders) in paragraph (b) of subsection (2) after the words “restriction on importation" there shall be inserted the words “and exportation".

20

In subsection (6)(a) of section 11 (which applies the provisions of that section to restraint orders under the M2Drug Trafficking Offences Act 1986 registered in Scotland) after the word “information" there shall be inserted the words “in respect of the charge".

21

In subsection (3) of section 16 (application of proceeds of realisation and other sums) for the words from “sum", in the second place where it occurs, to “applied", in the third place where it occurs, there shall be substituted the words

sheriff clerk shall apply the money received—
a
first, in payment of any expenses to payment of which a person is entitled under section 37(2) of this Act but which were not paid to him under subsection (1) above;
b
next, in payment of the administrator’s remuneration and expenses;
c
next,

22

In section 34(6)(d) (bankruptcy in England and Wales of person holding realisable property) for the words “subsections (2)(b) and (4) are" there shall be substituted the words “subsection (2)(b) is".

23

In subsection (5) of section 38 (order to permit entry to premises) after the word “constable" there shall be inserted the words “or person commissioned as aforesaid".