Criminal Justice Act 1972

Part III E+W+S Miscellaneous Provisions

28 Punishment for firearms offences. E+W+S

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(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

F1 S. 28(3) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16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)

C1 The text of s. 28(1)(2)(4)(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C2 The “said Act of 1968” means Firearms Act 1968 (c. 27)

Marginal Citations

M1 1968 c. 27.

29 Possession of firearms by persons convicted of crime in Northern Ireland. E+W+S

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)

C3 The 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

M2 1968 c. 27.

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 S. 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

F3 31 Punishment for certain offences of Sunday trading. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 31 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3

[F4 32 Punishment for use of premises in breach of closing order. E+W

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

F4 S. 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)

C4 The 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

M3 1957 c. 56.

33 Extension of definition of “public place” in Public Order Act 1936. E+W+S

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)

C5 The 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

M4 1936 c. 6 (1 Edw. 8 & 1 Geo. 6.).

34 Power of constable to take drunken offender to treatment centre. E+W

(1) [F5 On arresting an offender for an offence under—

(a) section 12 of the Licensing M5 Act 1872; or

(b) section 91(1) of the Criminal Justice Act M6 1967,

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 . . . F6 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F5 Words 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

F6 Word repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F7 S. 34(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, (2), Sch. 7

Marginal Citations

M5 1872 c.94(68A).

M6 1967 c.80(39:1).

F8 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F8 S. 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.

36 Reference to Court of Appeal of point of law following acquittal on indictment. E+W

(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 [F9 Supreme Court] if it appears to the [F9 Court of Appeal that] the point ought to be considered by [F9 Supreme Court].

(4) If a point is referred to [F10 the Supreme Court] under subsection (3) of this section, [F11 the 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 [F12 Supreme Court], the acquitted person appears by counsel for the purpose of presenting any argument to [F12 the Court of Appeal or the Supreme Court], he shall be entitled F13 ... 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.

F14 [F15 (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 M7 Criminal 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

F9 Words 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)

F10 Words 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)

F11 Words 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)

F12 Words 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)

F13 Words 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)

F14 S. 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)

F15 S. 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

M7 1966 c. 31.

37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W

Textual Amendments

F16 S. 37 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W

Textual Amendments

F17 S. 38 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 S. 39 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W

Textual Amendments

F19 S. 40 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 E+W

Textual Amendments

F20 S. 41 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W

Textual Amendments

F21 S. 42 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W

Textual Amendments

F22 S. 43 repealed by Bail Act 1976 (c. 63), Sch. 3

44, 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 Ss. 44, 45 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

46 Admissibility of written statements made outside England and Wales. E+W

(1) [F24 . . .F25 section 9 of the Criminal Justice Act 1967 (F25 . . . written statements to be used as evidence in F25 . . . criminal proceedings) F25 . . . and section 89 of the said Act of 1967 (F25 . . . false statements which are tendered in evidence under the said section F25 . . . 9 F25 . . .)] shall apply to written statements made in Scotland or Northern Ireland as well as to written statements made in England and Wales.

F26 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 114(a)

F25 Words 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)

F26 S. 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)

F27 S. 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)

47 Summary trial of certain offences of arson. E+W

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 :—

“2 Offences 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)

C6 The 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

M8 1952 c. 55.

F28 48 Proceedings under Indecency with Children Act 1960. E+W

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Textual Amendments

F28 S. 48 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 7; S.I. 2004/874, art. 2

F29 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F29 S. 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)

50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W

Textual Amendments

F30 S. 50 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

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

[F31 (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 [F32 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 M10 Social 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 [F33 sections 17(1) and 325(1) of the M11 Criminal Procedure (Scotland) Act 1975] shall apply accordingly.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

F35 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 S. 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).

F32 Words 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.

F33 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 49

F34 Ss. 51(3), 52–57 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F35 S. 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

M9 1969 c. 54.

M10 1968 c. 49.

M11 1975 c. 21.