Criminal Justice Act 1967

Part III U.K. Treatment of Offenders

Release of prisoners on licence and supervision of prisoners after release E+W+S

F1 F2 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F1 Ss. 59, 60 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F2 Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2

F3 60 . . . E+W+S

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Textual Amendments

F3 Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2

F4 61 . . . E+W+S

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Textual Amendments

F4 Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2

F5 62 . . . E+W+S

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Textual Amendments

F5 Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 63 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F7 64 . . . E+W+S

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Textual Amendments

F7 Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2

Miscellaneous U.K.

65 Abolition of corporal punishment in prison. E+W

Corporal punishment shall not be inflicted in any prison or other institution to which the M1 Prison Act 1952 applies, and accordingly section 18 of that Act shall cease to have effect.

Marginal Citations

M1 1952 c. 52.

66

F8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 15 of the said Act of 1952 (provision of separate buildings for male and female prisoners confined in the same prison) shall cease to have effect.

(3) For sections 30 to 32 of the said Act of 1952 (discharged prisoners aid societies and allowances and expenses for discharged prisoners) there shall be substituted the following section:—

“30 Payments for discharged prisoners.

The Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine”

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 47(4) of that Act (duty to include in prison rules provisions for the special treatment of certain classes of prisoners), paragraphs (b) and (c) (persons convicted of sedition, etc., and appellants) shall cease to have effect, and at the end of paragraph (d) (miscellaneous prisoners) there shall be added the words “or a person committed to custody on his conviction”.

Textual Amendments

F8 S. 66(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F9 S. 66(4) omitted (20.3.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 29; S.I. 2015/778, art. 2(1)(d)

Modifications etc. (not altering text)

C1 The text of s. 66(2)(3) 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.

C2 The text of s. 66(5) 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.

F10 67 Computation of sentences of imprisonment passed in England and Wales. E+W

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Textual Amendments

F10 S. 67 repealed (4.4.2005 for specified purposes, 3.12.2012 in so far as not already in force) by Crime (Sentences) Act 1997 (c. 43), s. 57(2), Sch. 6; S.I. 2005/932, art. 2; S.I. 2012/2901, art. 2

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

Textual Amendments

F11 Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

69 Extension of enactments relating to persons sentenced to imprisonment or detention to young offenders sentenced to detention. U.K.

(1) In section 38(3) of the M2 Criminal Justice Act 1961 (construction of references to imprisonment or detention and sentence) at the end there shall be added the following paragraph—

“(c) any reference to a person serving a sentence of, or sentenced to, imprisonment or detention shall be construed as including a reference to a person who, under any enactment relating to children and young persons in force in any part of the United Kingdom or any of the Channel Islands or the Isle of Man, has been sentenced by a court to be detained for an offence and is liable to be detained in accordance with directions given by the Secretary of State, by the Minister of Home Affairs for Northern Ireland or by the Governor of the Isle of Man with the concurrence of the Secretary of State, and any other reference to a sentence of imprisonment or detention shall be construed accordingly.”

(2) In section 49 of the M3 Prison Act 1952 F12 . . .and section 38(2) of the M4 Prison Act (Northern Ireland) 1953 (persons unlawfully at large) any reference to a person sentenced to imprisonment shall be construed as including a reference to any such person as is mentioned in the foregoing subsection.

Textual Amendments

F12 Words in s. 69(2) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 5, Sch. 7 Pt. I

Modifications etc. (not altering text)

C3 The text of s. 69(1) 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

M2 1961 c. 39.

M3 1952 c. 52.

M4 1953 c. 18 (N.I.)

70 Prisoner transferred from Scotland to England for security. E+W+S

(1) Where the Secretary of State, in the case of a person serving a sentence of imprisonment,. . . F13 in Scotland, is of the opinion that in the interests of security or of public safety that person ought to be transferred to a prison in England and Wales, he may make an order for his transfer to that prison:

Provided that the Secretary of State may at any time make an order for the transfer of that person back to a prison in Scotland.

(2) A person transferred to England and Wales or transferred back to Scotland under this section shall be treated for all purposes as if he had been transferred to England and Wales or, as the case may be, Scotland under section 26 of the M5 Criminal Justice Act 1961.

Textual Amendments

F13 Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 8

Marginal Citations

M5 1961 c. 39.

71 Exercise of powers of release. E+W

Any power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act 1952 applies or from an approved school may be exercised notwithstanding that he is not for the time being detained in that institution or school and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that institution or school.

72 Power of magistrates to issue warrants for arrest of escaped prisoners and mental patients. U.K.

[F14 (1) On an information in writing being laid before a justice of the peace for any area in England and Wales or Northern Ireland and substantiated on oath, or on an application being made to a sheriff, magistrate or justice of the peace in Scotland, alleging that any person is—

(a) an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or

(b) a convicted mental patient liable to be retaken under [F15 section 18, 38(7) or 138 of the Mental Health Act 1983], section 36 or 106 of the M6 Mental Health (Scotland) Act 1960 or [F16 Article 29, 45(6) or 132 of the Mental Health (Northern Ireland) Order 1986] (retaking of mental patients who are absent without leave or have escaped from custody);

the justice, sheriff or magistrate may issue a warrant to arrest him and bring him before a magistrates’ court for that area or, in Scotland, before any sheriff.

(2) Where a person is brought before a magistrates’ court or sheriff in pursuance of a warrant for his arrest under this section, the court or sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.

(3) [F17 section 137 of the Mental Health Act 1983], section 105 of the M7 Mental Health (Scotland) Act 1960 and [F18 Article 131 of the Mental Health (Northern Ireland) Order 1986] (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of [F19 the said Act of 1983], 1960 [F20 or 1984 or the said Order of 1986] 1960 or 1961, as the case may be, to be so conveyed, kept or detained.

(4) In this section—

• “convicted mental patient” means a person liable after being convicted of an offence to be detained under [F21 Part III of the Mental Health Act 1983], Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [F22 (Northern Ireland) Order 1986] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F23 or in pursuance of a hospital direction and a limitation direction][F24 or a person liable to be detained under][F21 section 38 of the said Act of 1983][F25 or Article 45 of the Mental Health (Northern Ireland) Order 1986];

• “place of safety” has the same meaning as in [F21 Part III of the said Act of 1983] or 1960 or Part III of the said [F26 Order of 1986], as the case may be;

• “Prison Act” means the M8 Prison Act 1952, the M9 Prisons (Scotland) Act 1952 or the M10 Prison Act (Northern Ireland) 1953, as the case may be.]

(5) Section 27 of the M11 Criminal Justice Administration Act 1914 (power to issue warrants for the arrest of persons who may be arrested without a warrant) shall cease to have effect.

[F27 (6) References in this section to offences include service offences within the meaning of the Armed Forces Act 2006.]

Textual Amendments

F14 S. 72(1)–(4) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F15 Words substituted by virtue of Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(a) and Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(a)

F16 Words substituted by S.I. 1986/596, art. 5(a

F17 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)

F18 Words substituted by S.I. 1986/596, art. 5(b)

F19 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)

F20 Words substituted by virtue of S.I. 1986/596, art. 5(b)

F21 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(c)

F22 Words substituted by S.I. 1986/596, art. 5(c)

F23 Words in s. 72(4) inserted (1.10.1997) by 1997 c. 43, s. 55(1), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(l)(2)(b)

F24 Words inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(b)

F25 Words added by 1986/596, art. 5(c)

F26 Words substituted by S.I. 1986/596, art. 5(d)

F27 S. 72(6) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 49; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C4 S. 72 modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 10

C5 S. 72(4) amended (1.10.1997 for specified purposes and otherwiseprosp.) by 1997 c. 43, s. 55(2), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(m)

C6 The text of s. 72(5) 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

M6 1960 c. 61.

M7 1960 c. 61.

M8 1952 c. 52.

M9 1952 c. 61.

M10 1953 c. 18 (N.I.)

M11 1914 c. 58.