- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Criminal Justice Act 1972.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Ss. 1–5, 7–22 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
Textual Amendments
Textual Amendments
F3Ss. 1–5, 7–22 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
Textual Amendments
F4Ss. 1–5, 7–22 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(5)(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(4)References in this section to facilitating the commission of an offence include references to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.]
Textual Amendments
F7S. 24(1) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
F8S. 24(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8 (with s. 79(1)); S.I. 1992/1286, art. 2, Sch.Sch., Appendix.
F9S. 24(3) repealed (8.11.2006) by Road Safety Act 2006 (c. 49), s. 61(9), Sch. 7(19)
F10S. 24(4) substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 48
Textual Amendments
F11Ss. 25–27 repealed by Juries Act 1974 (c. 23), Sch. 3
(1)The fourth column in Part I of Schedule 6 to the M1 Firearms Act 1968 (which prescribes the maximum punishment by way of fines or imprisonment for offences under that Act) shall be amended as follows.
(2)In the entries prescribing the punishment for offences under section 16 (possession of firearm with intent to endanger life) and section 17(1) (use of firearms to resist arrest) for the words “14 years” there shall be substituted the words “life imprisonment”.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(4)In the entry prescribing the punishment for an offence under section 3(5) (falsifying certificate etc. with view to acquisition of firearm), where the offender has been convicted on indictment, for the words “a fine of £200” there shall be substituted the words “a fine”.
(5)In the entries prescribing the punishment for offences under the Act where the offender has been convicted summarily—
(a)for “£20” there shall be substituted “£50” ;
(b)for “£50” there shall be substituted “£100” ;
(c)for “£100” there shall be substituted “£200” ; and
(d)for “£200” there shall be substituted “£400”.
(6)In relation to offences under sections 16, 17(1), 17(2) and 18(1) of the said Act of 1968 a court in Scotland shall have the like power as a court in England or Wales to impose both a sentence of imprisonment and a fine.
Textual Amendments
F12S. 28(3) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16
Modifications etc. (not altering text)
C1The text of s. 28(1)(2)(4)(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.
C2The “said Act of 1968” means Firearms Act 1968 (c. 27)
Marginal Citations
In section 21 of the M2 Firearms Act 1968 (possession of firearms and ammunition by persons previously convicted of crime) the following subsection shall be inserted after subsection (3)—
“(3A)Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment”;
and in subsection (6) of that section (application to court for removal of prohibition) for the words “or (3)” there shall be substituted the words “(3) or (3A)”.
Modifications etc. (not altering text)
C3The text of s. 29 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
Textual Amendments
F13S. 30 repealed (E.W.) by Protection from Eviction Act 1977 (c. 43), Sch. 3; (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(3), Sch. 9, para. 6, Sch. 10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14S. 31 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3
In section 2791) of the M3 Housing Act 1957 (which prescribes the maximum punishment for the use of premises in breach of a closing order) for the words “twenty pounds” there shall be substituted the words “£100”; and for the words “five pounds” there shall in relation to any day after the coming into force of this section be substituted the words “£20”]
Textual Amendments
F15S. 32 repealed (E.W.) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I
Modifications etc. (not altering text)
C4The text of s. 32 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
For the definition of “public place” in section 9(1) of the M4 Public Order Act 1936 there shall be substituted—
“Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise ”.
Modifications etc. (not altering text)
C5The text of s. 33 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
(1)[F16On arresting an offender for an offence under—
(a)section 12 of the Licensing M5Act 1872; or
(b)section 91(1) of the Criminal Justice Act M61967,
a] constable may, if he thinks fit, take him to any place approved for the purposes of this section by the Secretary of State as a . . . F17 treatment centre for alcoholics, and while a person is being so taken he shall be deemed to be in lawful custody.
(2)A person shall not by virtue of this section be liable to be detained in any such centre as aforesaid to which he has been taken, but the exercise in his case of the power conferred by this section shall not preclude his being charged with any offence.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F16Words and paras. (a) and (b) substituted for words by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 para. 21
F17Word repealed by Criminal Law Act 1977 (c. 45), Sch. 13
F18S. 34(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, (2), Sch. 7
Marginal Citations
Textual Amendments
F19S. 35 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3 and (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.
(1)Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Attorney General may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the court, and the court shall, in accordance with this section, consider the point and give their opinion on it.
(2)For the purpose of their consideration of a point referred to them under this section the Court of Appeal shall hear argument—
(a)by, or by counsel on behalf of, the Attorney General; and
(b)if the acquitted person desires to present any argument to the court, by counsel on his behalf or, with the leave of the court, by the acquitted person himself.
(3)Where the Court of Appeal have given their opinion on a point referred to them under this section, the court may, of their own motion or in pursuance of an application in that behalf, refer the point to [F20Supreme Court] if it appears to the [F20Court of Appeal that] the point ought to be considered by [F20Supreme Court].
(4)If a point is referred to [F21the Supreme Court] under subsection (3) of this section, [F22the Supreme Court shall consider the point and give its opinion on it accordingly.]
(5)Where, in a point being referred to the Court of Appeal under this section or further referred to the [F23Supreme Court], the acquitted person appears by counsel for the purpose of presenting any argument to [F23the Court of Appeal or the Supreme Court], he shall be entitled F24... to the payment out of central funds of such sums as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference or further reference; and any amount recoverable under this subsection shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, such officer as may be prescribed by order of the House of Lords.
F25[F26(5A)Subsection (5) has effect subject to—
(a)subsection (5B), and
(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).
(5B)A person is not entitled under subsection (5) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.
(5C)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of central funds under subsection (5) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.]
(6)Subject to rules of court made under section 1(5) of the M7Criminal Appeal Act 1966 (power by rules to distribute business of Court of Appeal between its civil and criminal divisions), the jurisdiction of the Court of Appeal under this section shall be exercised by the criminal division of the court; and references in this section to the Court of Appeal shall be construed accordingly as references to that division of the court.
(7)A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.
Textual Amendments
F20Words in s. 36(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 23(a); S.I. 2009/1604, art. 2(d)
F21Words in s. 36(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 23(b)(i); S.I. 2009/1604, art. 2(d)
F22Words in s. 36(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 23(b)(ii); S.I. 2009/1604, art. 2(d)
F23Words in s. 36(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 23(c); S.I. 2009/1604, art. 2(d)
F24Words in s. 36(5) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 9(2) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
F25S. 36(5A) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 9(3) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
F26S. 36(5A)-(5C) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 7 para. 9(4) (with Sch. 7 Pt. 4); S.I. 2012/2412, art. 2(g)
Marginal Citations
Textual Amendments
F27S. 37 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
Textual Amendments
F28S. 38 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I
Textual Amendments
F29S. 39 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2
Textual Amendments
F30S. 40 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
Textual Amendments
F31S. 41 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9
Textual Amendments
F32S. 42 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
Textual Amendments
F33S. 43 repealed by Bail Act 1976 (c. 63), Sch. 3
Textual Amendments
F34Ss. 44, 45 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9
(1)[F35. . .F36 section 9 of the Criminal Justice Act 1967 (F36. . . written statements to be used as evidence in F36. . . criminal proceedings) F36. . . and section 89 of the said Act of 1967 (F36. . . false statements which are tendered in evidence under the said section F36. . . 9 F36. . .)] shall apply to written statements made in Scotland or Northern Ireland as well as to written statements made in England and Wales.
F37(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F37(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 114(a)
F36Words in s. 46(1) repealed (4.7.1996 but with effect (8.3.1997) as mentioned in s. 65, Sch. 1 Pt. III, para. 39) by 1996 c. 25, ss. 47, 80, Sch. 1 Pt. II, para. 22(2), Sch. 5 para. 10 (with s. 78(1)); S.I. 1997/683, art. 1(2)
F37S. 46(1A)-(1C) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 47, Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, arts. 2, 3, 4, Sch. (as amended (4.11.2012) by S.I. 2012/2761, art. 2) and S.I. 2013/1103, arts. 2, 3, 4)
F38S. 46(2) repealed (4.7.1996 but with effect (8.3.1997) as mentioned in s. 65, Sch. 1 Pt. III, para. 39) by 1996 c. 25, ss. 47, 80, Sch. 1 Pt. II, para. 22(4), Sch. 5 para. 10 (with s. 78(1)); S.I. 1997/683, art. 1(2)
In Schedule 1 to the M8 Magistrates’ Courts Act 1952 (indictable offences triable summarily with the consent of the accused when adult), for paragraph 2 there shall be substituted the following paragraph, in lieu of that substituted by section 7(1) of the Criminal Damage Act 1971 :—
“2Offences under section 1(1) or section 1(1) and (3) of the Criminal Damage Act 1971 or under section 2 or 3 of that Act.”
Modifications etc. (not altering text)
C6The text of s. 47 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
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Textual Amendments
F39S. 48 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2
Textual Amendments
F40S. 49 repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 12, Sch. 10; S.I. 1998/2327, art. 2(1)(w)(aa)(3)(l)
Textual Amendments
F41S. 50 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9
[F42(1) Where in any proceedings brought, or proposed to be brought, in respect of any person in pursuance of section 1 of the M9 Children and Young Persons Act 1969 (care proceedings in [F43 youth court]) it is, or is to be, alleged that the condition set out in subsection (2)(f) of that section is satisfied (guilty of an offence), any warrant issued under section 2(4) of that Act for the purpose of securing the attendance of that person before the court in which the proceedings are brought or proposed to be brought may, if it is endorsed with a statement that such an allegation as aforesaid is, or is to be, made in the proceedings, be executed in Scotland by any constable appointed for a police area in like manner as a warrant issued in Scotland for the arrest of a person charged with an offence.]
(2)Where a warrant is issued for the apprehension of a child in pursuance of Part III of the M10Social Work (Scotland) Act 1968, that warrant may be executed in England and Wales in like manner as a warrant issued in Scotland for the apprehension of a person charged with an offence, and [F44sections 17(1) and 325(1) of the M11Criminal Procedure (Scotland) Act 1975] shall apply accordingly.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45
F46(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F42S. 51(1) repealed (14.10.1991) (E.W.) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2).
F43Words in s. 51(1) substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(h); S.I. 1992/333, art. 2(2), Sch. 2.
F44Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 49
F45Ss. 51(3), 52–57 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
F46S. 51(4) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 1; S.I. 2020/24, reg. 3(b)
Marginal Citations
Textual Amendments
F47Ss. 51(3), 52–57 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
In section 1(1) of the M12 Police (Property) Act 1897 (which makes provision for the disposal of property which has come into the possession of the police in connection with any criminal charge) for the words “with any criminal charge” there shall be substituted the words “with their investigation of a suspected offence”.
Modifications etc. (not altering text)
C7The text of s. 58 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
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Textual Amendments
F48S. 59 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F49S. 60 omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 7; S.I. 2016/733, reg. 3(h) (with reg. 6)
Textual Amendments
F50Ss. 61, 62 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52 Her Majesty may by Order in Council make provision in relation to Northern Ireland for corresponding purposes; and any Order under this section may be varied or revoked by a further Order.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
Textual Amendments
F52Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
Modifications etc. (not altering text)
C8Unreliable marginal note
(1)The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.
(2)The enactments specified in Schedule 6 to this Act (which include certain spent provisions) are hereby repealed to the extemt specified in the third column of that Schedule.
Modifications etc. (not altering text)
C9The text of s. 64 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.
There shall be defrayed out of moneys provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums payable out of such moneys under any other Act; and any sums received by the Secretary of State in consequence of this Act shall be paid into the Consolidated Fund.
(1)This Act may be cited as the Criminal Justice Act 1972.
F54(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any other enactment, including this Act.
(6)This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different provisions:
F56. . .
(7)In this Act—
(a)sections 23, 24, 28, 29, 30, 33, 35, 51 and this section, F57... section 64(1) and Schedule 5 so far as they relate to the M13Road Traffic Act 1972 and section 64(2) and Schedule 6 so far as they relate to the M14Summary Jurisdiction (Scotland) Act 1908 and the M15Firearms Act 1968, extend to Scotland;
(b)section 63 and this section extend to Northern Ireland;
(c)section 64(1) and Schedule 5 so far as they relate to the M16Petty Sessions (Ireland) Act 1851 extend to Scotland, Northern Ireland, the Channel Islands and the Isle of Man;
but, save as aforesaid, this Act extends to England and Wales only.
Textual Amendments
F54S. 66(2) repealed (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 37, Sch. 23 Pt. 3 (with s. 89) (as amended by 2013 c. 22, s. 25(9)(a)); S.I. 2014/768, art. 2(1)(b)
F55S. 66(3)(4) and Schedule 1 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
F56Words in s. 66(6) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3
F57Words in s. 66(7)(a) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3
Marginal Citations
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