Criminal Law Act 1977

CRIMINAL JUSTICE ACT 1967 (C. 80) U.K.

1 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Entries relating to ss. 3, 24, 44(5), 44A of the Criminal Justice Act 1967 repealed by Magistrates' Court Act 1980 (c. 43, SIF 82), Sch. 9

2 E+W In section 22, as amended by paragraph 37 of Schedule 2 to the M1 Bail Act 1976, (extension of power of High Court to grant, or vary conditions of, bail)—

(a) in subsection (1) and (2) for “inferior court” substitute “magistrates’ court”; and

(b) in subsection (4) omit “ “inferior court” means a magistrates’, court or a coroner and”.

Marginal Citations

M1 1976 c. 63.

3 E+W In section 23(2) (requirements as to bringing before a justice of the peace or court a person arrested after admission to bail), after paragraph (b) insert—

“In reckoning for the purposes of this subsection any period of twenty-four hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.”

4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Entries relating to ss. 3, 24, 44(5), 44A of the Criminal Justice Act 1967 repealed by Magistrates' Court Act 1980 (c. 43, SIF 82), Sch. 9

5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 Entries relating to ss. 3, 24, 44(5), 44A of the Criminal Justice Act 1967 repealed by Magistrates' Court Act 1980 (c. 43, SIF 82), Sch. 9

6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F4 Entries relating to ss. 3, 24, 44(5), 44A of the Criminal Justice Act 1967 repealed by Magistrates' Court Act 1980 (c. 43, SIF 82), Sch. 9

7 (1) Section 60 (release on license of persons serving determinate sentences) shall be amended as follows— U.K.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) After subsection (5) insert—

“(5A) A licence granted to any person under this section in England and wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—

(a) in the case of a licence granted to a person in respect of whom an extended sentence certificate was issued when sentence was passed on him, the date of the expiration of the sentence;

(b) in the case of a licence granted under subsection (1) of this section to a person who was under the age of twenty-one when sentence was passed on him and is released on licence before attaining the age of twenty-two—

(i) if the date on which he attains the age of twenty-two is earlier than the remission date, the remission date;

(ii) if the date on which he attains the age of twenty-two is not earlier than the remission date, the date on which he attains the age of twenty-two or the date of the expiration of the sentence , whichever is the earlier;

(c) in the case of a licence granted by virtue of subsection (3)(b) of this section to a person who was under the age of twenty-one when sentence was passed on him, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier;

(d) in a case not within any of the preceding paragraphs, the remission date.

In this subsection “the remmission date”, in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission on any part of the sentence under the rules.”.

(4) In subsection (6) (duration of a licence, after “this section” insert “in Scotland” and, in paragraph (a), omit the words from “to a person” where they first occur to “or”.

(5) Omit subsection (8)(d).

(6) The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.

Textual Amendments

F5 Paras. 7(2), 8 of the entries relating to the Criminal Justice Act 1967 (c. 80) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Paras. 7(2), 8 of the entries relating to the Criminal Justice Act 1967 (c. 80) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

9 E+W in subsection 91 (drunkeness in a public place) omit subsection (5).