Powers of Criminal Courts Act 1973 (repealed)

Part II U.K. Administrative and Supplemental Provisions

Rehabilitation of offenders and arrangements for persons on bail E+W

47 The probation and after-care service and its functions. E+W

The provisions of Schedule 3 to this Act shall have effect with respect to the probation and after-care service and its functions and matters connected therewith and, in particular (but without prejudice to the generality of the preceding provision), with respect to—

(a) the constitution of probation and after-care areas and of probation and after-care committees and [F1 probation liasion] committees;

(b) the appointment, functions, remuneration and conditions of service of probation officers;

(c) the making of arrangements for persons to perform work under community service orders; and

(d) the provision and carrying on of . . . F2 establishments for use in connection with the rehabilitation of offenders.

Textual Amendments

F1 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 4

F2 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

48 Power of Secretary of State to regulate community service work and training at day training centres. E+W

(1) The Secretary of State may make rules for regulating the performance of work under community service orders and the arrangements made under Schedule 3 to this Act for persons to perform such work.

(2) Without prejudice to the generality of subsection (1) above, rules under this section may in particular—

(a) limit the number of hours’ work to be done by a person under such an order on any one day;

(b) make provision as to the reckoning of time worked under such orders;

(c) make provision for the payment of travelling and other expenses in connection with the performance of work under such orders;

(d) provide for records to be kept of the work done by any person under such an order.

(3),(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 S. 48(3)(4) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

49 Power of Secretary of State to approve bail hostels and probation hostels and homes. E+W

(1) The Secretary of State may approve bail hostels, [F4 and probation hostels], and probation hostels . . . F5 so approved shall be known . . . F5 as approved probation hostels . . . F5 .

(2) The Secretary of State may make rules for the regulation, management and inspection of approved bail hostels, [F4 and approved probation hostels]; . . . F6 .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F4 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F5 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F6 By virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16 it is provided that the words from "and" to the end of s. 49(2) are repealed.

F7 S. 49(3) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

Modifications etc. (not altering text)

C1 S. 49 repealed in part by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 1(b)

50 F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F8 S. 50 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 11 para. 11(), Sch. 16

Expenses and grants E+W

51 Expenses and grants payable out of moneys provided by Parliament. E+W

(1) Any expenses of the Secretary of State under this Part of this Act, and any expenses incurred by the Secretary of State—

(a) in the training of probation officers or of officers or servants serving in [F9 approved bail hostels or] approved probation hostels . . . F10 , or of persons for appointment as probation officers, or as officers or servants in such hostels . . . F10 ; or

(b) in the conduct of research into the causes of delinquency and the treatment of offenders, and matters connected therewith;

shall, to such amount as may be sanctioned by the Treasury, be defrayed out of moneys provided by Parliament.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(3) There shall be paid out of moneys provided by Parliament—

(a) towards the expenditure of local authorities, and the expenditure out of the metropolitan police fund, under Schedule 3 to this Act;

(b) towards the expenditure of probation and after-care committees in providing and carrying on, under paragraph 11 of that Schedule, bail hostels, [F12 and probation hostels];

(c) towards the expenditure of any society or person in enlarging, improving or carrying on bail hostels or approved probation hostels . . . F10 or establishing, enlarging or improving premises which, when established, enlarged or improved, will be bail hostels or approved probation hostels . . . F10 ;

(d) towards the expenditure of any body approved by the Secretary of State in the training of probation officers or of persons for appointment as probation officers;

(e) towards the expenditure of any body approved by the Secretary of State in the training of officers or servants serving in [F9 approved bail hostels or] any place in which offenders or persons awaiting trial may be detained or serving in approved probation hostels . . . F10 or the training of persons for appointment as such officers or servants;

(f) towards the expenditure of any society or individual engaged in supervising or assisting persons convicted of offences with a view to their rehabilitation;

(g) towards the expenditure of any body or person approved by the Secretary of State in the conduct of research into the causes of delinquency and the treatment of offenders, and matters connected therewith;

such sums as the Secretary of State may with the approval of the Treasury direct, and subject to such conditions as he may with the like approval determine.

(4) Subject to subsection (5) below, the Secretary of State may, with the consent of the Treasury, make regulations providing for the deduction from any sums which would otherwise be paid out of moneys provided by Parliament to local authorities, whether under subsection (3) above or under the M1 Children and Young Persons Act 1933, of such amounts as may be prescribed by the regulations in respect of expenditure incurred by the Secretary of State—

(a) in the training of any such officers, servants or other persons as are mentioned in subsection (1) above;

(b) in making any payments under paragraph (c) or (d) of subsection (3) above;

(c) in making payments under paragraph (e) of subsection (3) above in respect of expenditure incurred in the training of officers or servants serving in [F9 approved bail hostels or] approved probation hostels . . . F10 or the training of persons for appointment as such officers or servants.

(5) The sums to be deducted in respect of any expenditure of the Secretary of State in pursuance of any regulations made under subsection (4) above shall not exceed half that expenditure.

(6) The conditions subject to which any sums are paid to a probation and after-care committee under paragraph (b) of subsection (3) above may include conditions for securing the repayment in whole or in part of the sums received by the committee if the hostel . . . F13 in question ceases to be used as such.

(7) The conditions subject to which any sums are paid to any society or person under paragraph (c) of subsection (3) above may include conditions for securing the repayment in whole or in part of the sums received by the society or person—

(a) where the sums are paid in respect of a bail hostel, if it ceases to be used as such;

(b) where the sums are paid in respect of an approved probation hostel . . . F13 , if it ceases to be approved;

and, notwithstanding anything in the constitution of the hostel . . . F13 in question or of the managers thereof, or in the trusts, if any, to which the property of the hostel . . . F13 or of the managers is subject, the managers and any persons who are trustees of any of the property in question may accept those sums on those conditions, and execute any instrument required for carrying into effect those conditions, and shall be bound by those conditions and by any instrument so executed and have power to fulfil the conditions and the obligations created by the instrument.

(8) All sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Textual Amendments

F9 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12

F10 Words "or homes" repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F11 S. 51(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F12 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F13 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

Marginal Citations

M1 1933 c. 12.

Miscellaneous and supplemental U.K.

52 Evidence with respect to offences punishable in Scotland. E+W

For the purposes of this Act a certificate purporting to be signed by or on behalf of the Lord Advocate that an offence is punishable in Scotland with imprisonment or is punishable in Scotland on indictment with imprisonment for a term specified in the certificate shall be evidence of the matter so certified.

53 Execution of process between England and Wales and Scotland. E+W

Section 4 of the M2 Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland and vice versa) shall apply to any process issued under Part I of this Act . . . F14 as it applies to process issued under the M3 Magistrates’ Courts Act 1952 by a magistrates’ court.

Textual Amendments

F14 Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Marginal Citations

M2 1881 c. 24.

M3 1952 c. 55.

54 Rules and orders. E+W

(1) Any power of the Secretary of State to make rules or orders under this Act shall be exercised by statutory instrument.

(2) Subject to subsection (3) below, any rules or orders made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Subsection (2) above does not apply to rules under section 49 of this Act nor to orders under section [F15 2 or 7 or] 14 of or paragraph 1 of Schedule 3 to this Act, but no order shall be made by the Secretary of State under section [F15 2 or 7 or] 14 unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(4) Any order made by the Secretary of State under section [F15 2 or 7 or] 14 or 39 of this Act may be revoked by a subsequent order of the Secretary of State under that section, an order under section 26(2)(a) may be revoked by a subsequent order under that paragraph or under section 26(2)(b), and an order under paragraph 1 of Schedule 3 to this Act may be varied or revoked by a subsequent order.

Textual Amendments

F15 Words inserted by Criminal Law Act 1977 (c. 45), s. 57(3)

55 Transitional provisions. E+W

Schedule 4 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of this Act.

56 Consequential amendments and repeals. U.K.

(1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act, but the amendment of any enactment by that Schedule shall not be taken as prejudicing the operation of section 38 of the M4 Interpretation Act 1889 (which relates to the effect of repeals).

(2) The enactments specified in Schedule 6 to this Act (which include enactments which were spent before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C2 The text of s. 56 and Schedule 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M4 1889 c. 63

57 Interpretation. E+W

(1) In this Act, except so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

• “the appropriate officer of the court” means, in relation to a magistrates’ court, the clerk of the court;

• “approved bail hostel” means a bail hostel approved by the Secretary of State under section 49(1) of this Act;

• “approved probation hostel” [F16 means a probation hostel approved] by the Secretary of State under section 49(1) of this Act;

• “bail hostel” means premises for the accommodation of persons remanded on bail;

• “community service order” has the meaning assigned to it by section 14(1) of this Act;

• “compensation order” has the meaning assigned to it by section 35(1) of this Act;

• “court” does not include a court-martial;

• “criminal bankruptcy order” means an order under section 39(1) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

• “extended sentence certificate” has the meaning assigned to it by section 28 of this Act;

• “local authority” means, in relation to any probation and after-care area, any authority out of whose funds the salary of the clerk to the justices for a petty sessions area contained in the probation and after-care area is paid;

• “order for conditional discharge” has the meaning assigned to it by section 7 of this Act;

• “period of conditional discharge” has the meaning assigned to it by section 7 of this Act;

• “probationer” means a person for the time being under supervision by virtue of a probation order;

• “probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order, . . . F19 ;

• “probation order” has the meaning assigned to it by section 2 of this Act;

• “probation period” means the period for which a probationer is placed under supervision by a probation order;

• “the register” means the register of proceedings before a magistrates’ court required by rules made under [F20 section 144 of the Magistrates’ Courts Act 1980] to be kept by the clerk of the court;

• “sentence of imprisonment” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;

• “supervising court” has the meaning assigned to it by section 2(2) of this Act;

• “supervision order” has the meaning assigned to it by section 26(1) of this Act;

• “suspended sentence” means a sentence to which an order under section 22(1) of this Act relates.

(2) For the purposes of any reference in this Act, however expressed, to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall, unless the context otherwise requires, be treated as a single term.

(3) Without prejudice to sections 20(1) and 21(1) of this Act, any reference in this Act however expressed to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.

(4) Without prejudice to the meaning of references in sections 14, 43 and 44 of this Act to an offence punishable with imprisonment, any such reference elsewhere in this Act shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of offenders of his age.

(5) For the purposes of this Act a compensation order, supervision order or community service order made on appeal from a decision of a magistrates’ court or the Crown Court shall be treated as if it had been made by a magistrates’ court or the Crown Court, as the case may be.

(6) Any reference to this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

Textual Amendments

F16 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F17 Definition repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F18 Definition repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

F19 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F20 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 123

58 Application to Scotland. E+W+S

The following provisions of this Act shall extend to Scotland, that is to say—

(a) sections 8(4), 10, 13, [F21 17C] 25(3), 29(7), . . . F22 , . . . F23 and this section; and

(b) section 56 and Schedules 5 and 6 so far as they amend or repeal any enactment or any part of an enactment which extends to Scotland;

but, except as provided by this section, this Act shall not extend to Scotland.

Textual Amendments

F21 "17C" inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 13 para. 2(1)

F22 Words repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

F23 Word repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

59 Northern Ireland. E+W+N.I.

(1) [F24 Sections 17C and] 29(7) of this Act and this section shall extend to Northern Ireland but except as provided by this subsection this Act shall not extend to Northern Ireland.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(3) The references in section 29(6) and (7) of this Act to section 26 of the M5 Criminal Justice Act 1961 shall be construed, in relation to Northern Ireland, as references to that section as amended by any Act of the Parliament of Northern Ireland, or Measure of the Northern Ireland Assembly, whether passed before or after this Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

Textual Amendments

F24 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 13 para. 2(2)

F25 S. 59(2)(4) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIII

Marginal Citations

M5 1961 c. 39.

60 Short title and commencement. E+W

(1) This Act may be cited as the Powers of Criminal Courts Act 1973.

(2) This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different provisions; and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the day so appointed for the coming into force of that provision.

Modifications etc. (not altering text)

C3 Power of appointment conferred by s. 60(2) not fully exercised