Powers of Criminal Courts Act 1973 (repealed)

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” [F1 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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• “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, . . . F4 ;

• “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 [F5 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;

• F6 . . .

• “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.

• [F7 “youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998.]

(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.

[F8 (5) Where a compensation order or supervision order has been made on appeal, for the purposes of this Act (except section 26(5)) it shall be deemed—

(a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.]

(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.

[F9 (7) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, his age shall be deemed to be that which it appears to the court to be after considering any available evidence.]

Textual Amendments

F1 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F2 Definition repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F3 Definition repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

F4 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F5 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 123

F6 Definition of "supervising court" in s. 57(1) repealed (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

F7 Definition in s. 57(1) inserted (30.9.1998 for the purposes specified in S.I. 1998/2327, art. 3(1)(b), Sch. 1 and otherwiseprosp.) by 1998 c. 37, s. 119, Sch. 8 para.33; S.I. 1998/2327, art. 3(1)(b), Sch. 1 (with art. 9) (which Sch. 8 para. 33 of the 1998 Act is repealed (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 12 Pt. I)

F8 S. 57(5) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 26(1); S.I. 1998/2327, art. 2(1)(w)

F9 S. 57(7) inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 26(2); S.I. 1998/2327, art. 2(1)(w)