Criminal Justice Act 2003

Part 2 U.K. minor and consequential amendments

Yn ddilys o 18/06/2012

Territorial Waters Jurisdiction Act 1878 (c. 73) E+W

29 E+W In section 4 of the Territorial Waters Jurisdiction Act 1878 (provisions as to procedure), in the paragraph beginning “Proceedings before a justice of the peace”, for the words from the beginning to “his trial” there is substituted— “Any stage of proceedings—

(a) before the summary trial of the offence; or

(b) before the offender has been sent for trial for the offence,”.

Yn ddilys o 18/06/2012

Bankers' Books Evidence Act 1879 (c. 11) E+W

30 (1) The Bankers' Books Evidence Act 1879 is amended as follows. E+W

(2) In section 4 (proof that book is a banker’s book), the paragraph beginning “Where the proceedings” is omitted.

(3) In section 5 (verification of copy), the paragraph beginning “Where the proceedings” is omitted.

Yn ddilys o 18/06/2012

Explosive Substances Act 1883 (c. 3) E+W

31 E+W In section 6 of the Explosive Substances Act 1883 (inquiry by Attorney-General, and apprehension of absconding witnesses), subsection (3) is omitted.

Yn ddilys o 18/06/2012

Criminal Justice Act 1925 (c. 86) E+W

32 E+W In section 49 of the Criminal Justice Act 1925 (interpretation, etc), subsection (2) is omitted.

Children and Young Persons Act 1933 (c. 12) E+W

33 E+W In section 42 of the Children and Young Persons Act 1933 (extension of power to take deposition of child or young person), in subsection (2)(a), for “committed” in both places there is substituted “ sent ”.

Commencement Information

I1 Sch. 3 para. 33 partly in force; Sch. 3 para. 33 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 33 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(a); Sch. 3 para. 33 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) E+W

34 (1) Section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) is amended as follows. E+W

(2) In subsection (2)—

(a) in paragraph (a), for “committed” there is substituted “ sent ”,

(b) paragraphs (aa) to (ac) are omitted,

(c) for paragraph (i) there is substituted—

“(i) where the person charged has been sent for trial, the bill of indictment against him may include, either in substitution for or in addition to any count charging an offence specified in the notice under section 57D(1) of the Crime and Disorder Act 1998, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may lawfully be joined in the same indictment;”,

(d) paragraphs (iA) and (iB) are omitted,

(e) in paragraph (ii), for “the committal” there is substituted “ such notice ”, and

(f) the words from “and in paragraph (iA)” to the end are omitted.

(3) In subsection (3)(b), for “committed” there is substituted “ sent ”.

Commencement Information

I2 Sch. 3 para. 34 partly in force; Sch. 3 para. 34 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 34(1)(2)(a)(c)(i)(e)(3) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(b), 2(a); Sch. 3 para. 34 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Criminal Justice Act 1948 (c. 58) E+W

35 (1) The Criminal Justice Act 1948 is amended as follows. E+W

(2) In section 27 (remand and committal of persons aged 17 to 20), in subsection (1), for “commits him for trial or” there is substituted “ sends him to the Crown Court for trial or commits him there for ”.

(3) In section 41 (evidence by certificate), subsection (5A) is omitted.

(4) In section 80 (interpretation), the definition of “Court of summary jurisdiction” is omitted.

Commencement Information

I3 Sch. 3 para. 35 partly in force; Sch. 3 para. 35 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 35(1)(2) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(c); Sch. 3 para. 35 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Prison Act 1952 (c. 52) E+W

36 E+W Until their repeal by (respectively) section 59 of, and paragraph 10(a)(ii) of Schedule 7 to, the Criminal Justice and Court Services Act 2000, paragraph (a) of subsection (1), and paragraphs (b) and (c) of subsection (2), of section 43 of the Prison Act 1952 (remand centres, detention centres and youth custody centres) are to have effect as if references to being committed for trial were references to being sent for trial.

Commencement Information

I4 Sch. 3 para. 36 partly in force; Sch. 3 para. 36 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 36 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(d); Sch. 3 para. 36 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Army Act 1955 (3 & 4 Eliz. 2 c. 18) E+W

37 E+W F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 3 para. 37 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) E+W

38 E+W F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 para. 38 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Geneva Conventions Act 1957 (c. 52) E+W

39 E+W In section 5 of the Geneva Conventions Act 1957 (reduction of sentence and custody of protected persons)—

(a) in subsection (1), for “committal” there is substituted “ having been sent ”,

(b) in subsection (2), for “committal”, where it first appears, there is substituted “ having been sent ”.

Commencement Information

I5 Sch. 3 para. 39 partly in force; Sch. 3 para. 39 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 39 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(e); Sch. 3 para. 39 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Naval Discipline Act 1957 (c. 53) E+W

40 E+W F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 para. 40 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Yn ddilys o 18/06/2012

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45) E+W

41 E+W In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (supplementary procedures as to proceedings under section 2)—

(a) the words “and section 2 of the Poor Prisoners Defence Act 1930 (legal aid before examining justices)” are omitted, and

(b) for “it had determined not to commit for trial” there is substituted “ the offence were to be dealt with summarily and the court had dismissed the information ”.

Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69) E+W

42 E+W In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court)—

(a) for subsection (4) there is substituted—

“(4) Where a person has been sent for trial for any offence to which the proceedings concerned relate, an application must be made as soon as is reasonably practicable after service on that person, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998, of the documents relevant to that offence.”, and

(b) subsection (5) is omitted.

Commencement Information

I6 Sch. 3 para. 42 partly in force; Sch. 3 para. 42 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 42 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(b); Sch. 3 para. 42 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Criminal Justice Act 1967 (c. 80) E+W

43 (1) The Criminal Justice Act 1967 is amended as follows. E+W

(2) In section 9 (proof by written statement), in subsection (1), the words “, other than committal proceedings,” are omitted.

(3) In section 36 (interpretation), in subsection (1), the definition of “committal proceedings” is omitted.

Criminal Appeal Act 1968 (c. 19) E+W

44 (1) The Criminal Appeal Act 1968 is amended as follows. E+W

(2) In section 1 (right of appeal), in subsection (3), for “committed him” there is substituted “ sent him to the Crown Court ”.

(3) In section 9 (appeal against sentence following conviction on indictment), in subsection (2), the words from “section 41” to “either way offence” are omitted.

Commencement Information

I7 Sch. 3 para. 44 partly in force; Sch. 3 para. 44 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 44(1)(2) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(f); Sch. 3 para. 44 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Firearms Act 1968 (c. 27) E+W

45 E+W In Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences), in Part 2, paragraph 3 is omitted.

Yn ddilys o 18/06/2012

Theft Act 1968 (c. 60) E+W

46 E+W In section 27 of the Theft Act 1968 (evidence and procedure on charge of theft or handling stolen goods), subsection (4A) is omitted.

Yn ddilys o 18/06/2012

Criminal Justice Act 1972 (c. 71) E+W

47 E+W In section 46 of the Criminal Justice Act 1972 (admissibility of written statements outside England and Wales), subsections (1A) to (1C) are omitted.

Bail Act 1976 (c. 63) E+W

48 (1) The Bail Act 1976 is amended as follows. E+W

(2) In section 3 (general provisions)—

(a) in subsection (8)—

(i) for “committed” there is substituted “ sent ”, and

(ii) after “for trial or” there is inserted “ committed him on bail to the Crown Court ”, and

(b) subsections (8A) and (8B), and the subsection (10) inserted by paragraph 12(b) of Schedule 9 to the Criminal Justice and Public Order Act 1994 (c. 33), are omitted.

(3) In section 5 (supplementary provisions about decisions on bail)—

(a) in subsection (6)(a), for “committing” there is substituted “ sending ”, and

(b) in subsection (6A)(a)—

(i) after “under” there is inserted “ section 52(5) of the Crime and Disorder Act 1998, ”,

(ii) sub-paragraph (i) is omitted,

(iii) after sub-paragraph (ii) there is inserted—

“(iia) section 17C (intention as to plea: adjournment);”, and

(iv) at the end of sub-paragraph (iii) there is inserted “or

(iv) section 24C (intention as to plea by child or young person: adjournment),”.

(4) In section 6 (offence of absconding by person released on bail), in subsection (6)(b), for “commits” there is substituted “ sends ”.

(5) In section 9 (offence of agreeing to indemnify sureties in criminal proceedings), in subsection (3)(b), for “commits” there is substituted “ sends ”.

Commencement Information

I8 Sch. 3 para. 48 partly in force; Sch. 3 para. 48 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 48(1)(2)(a)(i)(3)(a)(b)(i)(4)(5) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(g), 2(c); Sch. 3 para. 48 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Interpretation Act 1978 (c. 30) E+W

49 E+W In Schedule 1 to the Interpretation Act 1978 (words and expressions defined)—

(a) in the definition of “Committed for trial”, paragraph (a) is omitted,

(b) after the entry for “Secretary of State” there is inserted—

““Sent for trial” means, in relation to England and Wales, sent by a magistrates' court to the Crown Court for trial pursuant to section 51 or 51A of the Crime and Disorder Act 1998.”

Commencement Information

I9 Sch. 3 para. 49 partly in force; Sch. 3 para. 49 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 49 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch para. 1(1)(h); Sch. 3 para. 49 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Customs and Excise Management Act 1979 (c. 2) E+W

50 E+W In section 147 of the Customs and Excise Management Act 1979 (proceedings for offences), subsection (2) is omitted.

Magistrates' Courts Act 1980 (c. 43) E+W

51 (1) The Magistrates' Courts Act 1980 is amended as follows. E+W

(2) In section 2, as substituted by the Courts Act 2003 (trial of summary offences), in subsection (2), for “as examining justices over” there is substituted “ under sections 51 and 51A of the Crime and Disorder Act 1998 in respect of ”.

(3) Sections 4 to 8 (which relate to committal proceedings) shall cease to have effect and the cross-heading preceding section 4 is omitted.

(4) In section 8B, as inserted by the Courts Act 2003 (effect of rulings at pre-trial hearing), in subsection (6), the words “commits or” are omitted.

(5) In section 29 (power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances), in subsection (2)(b)(i), for the words from “proceeds” to the end there is substituted “ sends him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998; and ”.

(6) The following sections shall cease to have effect—

(a) section 97A (summons or warrant as to committal proceedings),

(b) section 103 (evidence of persons under 14 in committal proceedings for assault, sexual offences etc), and

(c) section 106 (false written statements tendered in evidence).

(7) In section 128 (remand in custody or on bail)—

(a) in subsection (1)(b), the words “inquiring into or” are omitted,

(b) in subsection (1A)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(c) in subsection (3A)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”,

(d) in subsection (3C)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”, and

(e) in subsection (3E)(a)—

(i) “5,” is omitted, and

(ii) for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(8) In section 129 (further remand), in subsection (4)—

(a) for “commits a person” there is substituted “ sends a person to the Crown Court ”, and

(b) for “committed” there is substituted “ sent ”.

(9) In section 130 (transfer of remand hearings), in subsection (1)—

(a) “5,” is omitted, and

(b) for “or 18(4)” there is substituted “ , 18(4) or 24C ”.

(10) In section 145 (rules: supplementary provisions), in subsection (1), paragraph (f) is omitted.

(11) In section 150 (interpretation of other terms), in subsection (1), the definition of “committal proceedings” is omitted.

(12) In section 155 (short title, extent and commencement), in subsection (2)(a), the words “8 (except subsection (9))” are omitted.

(13) In Schedule 3 (corporations)—

(a) in paragraph 2, sub-paragraph (a) is omitted,

(b) in paragraph 6, for “inquiry into, and trial of,” there is substituted “ trial of ”.

(14) In Schedule 5 (transfer of remand hearings)—

(a) paragraph 2 is omitted, and

(b) in paragraph 5, for “5, 10 or 18(4)” there is substituted “ 10, 17C, 18(4) or 24C ”.

Commencement Information

I10 Sch. 3 para. 51 partly in force; Sch. 3 para. 51 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 51(1)(2)(5)(8) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(i); Sch. 3 para. 51 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Criminal Attempts Act 1981 (c. 47) E+W

52 E+W In section 2 of the Criminal Attempts Act 1981 (application of procedures and other provisions to offences under section 1), in subsection (2)(g), the words “or committed for trial” are omitted.

Yn ddilys o 18/06/2012

Contempt of Court Act 1981 (c. 49) E+W

53 E+W In section 4 of the Contempt of Court Act 1981 (contemporary reports of proceedings), in subsection (3), for paragraph (b) there is substituted—

“(b) in the case of a report of allocation or sending proceedings of which publication is permitted by virtue only of subsection (6) of section 52A of the Crime and Disorder Act 1998 (“the 1998 Act”), if published as soon as practicable after publication is so permitted;

(c) in the case of a report of an application of which publication is permitted by virtue only of sub-paragraph (5) or (7) of paragraph 3 of Schedule 3 to the 1998 Act, if published as soon as practicable after publication is so permitted.”

Supreme Court Act 1981 (c. 54) E+W

54 (1) The Supreme Court Act 1981 is amended as follows. E+W

(2) In section 76 (committal for trial: alteration of place of trial)—

(a) in subsection (1), for the words from “varying” (where it first appears) to “to Crown Court)” there is substituted “ substituting some other place for the place specified in a notice under section 51D(1) of the Crime and Disorder Act 1998 (a “section 51D notice”) ”,

(b) in subsection (3), for the words “fixed by the magistrates' court, as specified in a notice under a relevant transfer provision” there is substituted “ specified in a section 51D notice ”,

(c) subsection (5) is omitted, and

(d) in the heading, for “Committal” there is substituted “ Sending ”.

(3) In section 77 (committal for trial: date of trial)—

(a) in subsection (1), for “committal for trial or the giving of a notice of transfer under a relevant transfer provision” there is substituted “ being sent for trial ”,

(b) in subsection (2), for “committed by a magistrates' court or in respect of whom a notice of transfer under a relevant transfer provision has been given” there is substituted “ sent for trial ”,

(c) in subsection (3), for “of committal for trial or of a notice of transfer” there is substituted “ when the defendant is sent for trial ”,

(d) subsection (4) is omitted, and

(e) in the heading, for “Committal” there is substituted “ Sending ”.

(4) In section 80 (process to compel appearance), in subsection (2), for “committed” there is substituted “ sent ”.

(5) In section 81—

(a) in subsection (1)—

(i) in paragraph (a)—

(a) the words “who has been committed in custody for appearance before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision or” are omitted, and

(b) after “51” there is inserted “ or 51A ”,

(ii) in paragraph (g), sub-paragraph (i) is omitted, and

(b) subsection (7) is omitted.

Commencement Information

I11 Sch. 3 para. 54 partly in force; Sch. 3 para. 54 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 54(1)(3)(a)-(c)(4)(5)(a)(i)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(j), 2(d); Sch. 3 para. 54 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Mental Health Act 1983 (c. 20) E+W

55 (1) The Mental Health Act 1983 is amended as follows. E+W

(2) In section 43 (power of magistrates' court to commit for restriction order), for subsection (4) there is substituted—

“(4) The powers of a magistrates' court under section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender’s case with a restriction order.”

(3) In section 52 (further provisions as to persons remanded by magistrates' courts)—

(a) in subsection (2), for “committed” there is substituted “ sent ”,

(b) in subsection (5), for “committed” there is substituted “ sent ”,

(c) in subsection (6), for “committed” there is substituted “ sent ”, and

(d) in subsection (7), for the words from “inquire” to “1980” there is substituted “ send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 ”, and in paragraph (b) of that subsection, the words “where the court proceeds under subsection (1) of that section” are omitted.

Commencement Information

I12 Sch. 3 para. 55 partly in force; Sch. 3 para. 55 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 55(1)(3) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch para. 1(1)(k); Sch. 3 para. 55 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Police and Criminal Evidence Act 1984 (c. 60) E+W

56 (1) The Police and Criminal Evidence Act 1984 is amended as follows. E+W

(2) In section 62 (intimate samples), in subsection (10)—

(a) sub-paragraph (i) of paragraph (a) is omitted, and

(b) in paragraph (aa), for sub-paragraphs (i) and (ii) there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and ”.

(3) In section 71 (microfilm copies), the paragraph beginning “Where the proceedings” is omitted.

(4) In section 76 (confessions), subsection (9) is omitted.

(5) In section 78 (exclusion of unfair evidence), subsection (3) is omitted.

Commencement Information

I13 Sch. 3 para. 56 partly in force; Sch. 3 para. 56 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 56(1)(2)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(l); Sch. 3 para. 56 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Prosecution of Offences Act 1985 (c. 23) E+W

57 (1) The Prosecution of Offences Act 1985 is amended as follows. E+W

(2) In section 7A (powers of non-legal staff), for subsection (6) there is substituted—

“(6) This section applies to an offence if it is triable only on indictment or is an offence for which the accused has been sent for trial.”

(3) In section 16 (defence costs)—

(a) in subsection (1), paragraph (b) is omitted, and

(b) in subsection (2)—

(i) in paragraph (a), for “committed” there is substituted “ sent ”, and

(ii) paragraph (aa) is omitted, and

(c) subsection (12) is omitted.

(4) In section 21 (interpretation), in subsection (6)(b), for “committed” there is substituted “ sent ”.

(5) In section 22 (power of Secretary of State to set time limits in relation to preliminary stages of criminal proceedings), in subsection (11)—

(a) in paragraph (a) of the definition of “appropriate court”, for “committed for trial, sent for trial under section 51 of the Crime and Disorder Act 1998” there is substituted “ sent for trial ”,

(b) for the definition of “custody of the Crown Court” there is substituted—

““custody of the Crown Court” includes custody to which a person is committed in pursuance of—

(a) section 43A of the Magistrates' Courts Act 1980 (magistrates' court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court); or

(b) section 52 of the Crime and Disorder Act 1998 (provisions supplementing section 51);”.

(6) In section 23 (discontinuance of proceedings in magistrates' court), in subsection (2), for paragraphs (a) to (c) there is substituted—

“(a) any stage of the proceedings after the court has begun to hear evidence for the prosecution at a summary trial of the offence; or

(b) any stage of the proceedings after the accused has been sent for trial for the offence.”

(7) In section 23A (discontinuance of proceedings after accused has been sent for trial)—

(a) in paragraph (b) of subsection (1), the words from “under” to “1998” are omitted, and

(b) in subsection (2), for “51(7)” there is substituted “ 51D(1) ”.

Commencement Information

I14 Sch. 3 para. 57 partly in force; Sch. 3 para. 57 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 57(1)(2)(3)(b)(i)(4)(5)(a)(b)(6)(7)(a)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(m), 2(e); Sch. 3 para. 57(1) (3)-(7) in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Criminal Justice Act 1987 (c. 38) E+W

58 (1) The Criminal Justice Act 1987 is amended as follows. E+W

(2) Sections 4 to 6 (which relate to the transfer of cases to the Crown Court) shall cease to have effect.

(3) In section 11 (restrictions on reporting)—

(a) in subsection (2), paragraph (a) is omitted,

(b) subsection (3) is omitted,

(c) in subsection (7), “(3),” is omitted,

(d) in subsection (8), “(3),” is omitted,

(e) subsections (9) and (10) are omitted,

(f) in subsection (11), paragraphs (a) and (d) are omitted.

Coroners Act 1988 (c. 13) E+W

59 (1) The Coroners Act 1988 is amended as follows. E+W

(2) In section 16 (adjournment of inquest in event of criminal proceedings)—

(a) in subsection (1)(b), for “charged before examining justices with” there is substituted “ sent for trial for ”, and

(b) for subsection (8) there is substituted—

“(8) In this section, the “relevant criminal proceedings” means the proceedings—

(a) before a magistrates' court to determine whether the person charged is to be sent to the Crown Court for trial; or

(b) before any court to which that person is sent for trial.”

(3) In section 17 (provisions supplementary to section 16)—

(a) in subsection (2), for “committed” there is substituted “ sent ”, and

(b) in subsection (3)(b), for “committed” there is substituted “ sent ”.

Commencement Information

I15 Sch. 3 para. 59 partly in force; Sch. 3 para. 59 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 59 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(n); Sch. 3 para. 59 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Criminal Justice Act 1988 (c. 33) E+W

60 (1) The Criminal Justice Act 1988 is amended as follows. E+W

(2) In section 23 (first-hand hearsay), subsection (5) is omitted.

(3) In section 24 (business etc documents), subsection (5) is omitted.

(4) In section 26 (statements in certain documents), the paragraph beginning “This section shall not apply” is omitted.

(5) In section 27 (proof of statements contained in documents), the paragraph beginning “This section shall not apply” is omitted.

(6) In section 30 (expert reports), subsection (4A) is omitted.

(7) In section 40 (power to join in indictment count for common assault etc), in subsection (1)—

(a) the words “were disclosed to a magistrates' court inquiring into the offence as examining justices or” are omitted,

(b) after “51” there is inserted “ or 51A ”.

(8) Section 41 (power of Crown Court to deal with summary offence where person committed for either way offence) shall cease to have effect.

Commencement Information

I16 Sch. 3 para. 60 partly in force; Sch. 3 para. 60 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 60(1)(7)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(f); Sch. 3 para. 60 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Road Traffic Offenders Act 1988 (c. 53) E+W

61 (1) The Road Traffic Offenders Act 1988 is amended as follows. E+W

(2) In section 11 (evidence by certificate as to driver, user or owner), subsection (3A) is omitted.

(3) In section 13 (admissibility of records as evidence), subsection (7) is omitted.

(4) In section 16 (documentary evidence as to specimens), subsection (6A) is omitted.

(5) In section 20 (speeding offences etc), subsection (8A) is omitted.

Yn ddilys o 18/06/2012

Criminal Justice Act 1991 (c. 53) E+W

62 (1) The Criminal Justice Act 1991 is amended as follows. E+W

(2) Section 53 (notices of transfer in certain cases involving children) shall cease to have effect.

(3) Schedule 6 (notices of transfer: procedures in lieu of committal) shall cease to have effect.

Sexual Offences (Amendment) Act 1992 (c. 34) E+W

63 E+W In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), in subsection (3)(c), for “commits him” there is substituted “ sends him to the Crown Court ”.

Commencement Information

I17 Sch. 3 para. 63 partly in force; Sch. 3 para. 63 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 63 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(o); Sch. 3 para. 63 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Criminal Justice and Public Order Act 1994 (c. 33) E+W

64 (1) The Criminal Justice and Public Order Act 1994 is amended as follows. E+W

(2) In section 34 (effect of accused’s failure to mention facts when questioned or charged), in subsection (2)—

(a) paragraph (a) is omitted, and

(b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ” .

(3) In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), in subsection (2)—

(a) paragraph (a) is omitted, and

(b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”.

(4) In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), in subsection (2)—

(a) paragraph (a) is omitted, and

(b) in paragraph (b), for sub-paragraphs (i) and (ii), there is substituted “ paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 ”.

Commencement Information

I18 Sch. 3 para. 64 partly in force; Sch. 3 para. 64 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 64(1)(2)(b)(3)(b)(4)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 1(1)(p); Sch. 3 para. 64 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Reserve Forces Act 1996 (c. 14) E+W

65 E+W F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 para. 65 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Criminal Procedure and Investigations Act 1996 (c. 25) E+W

66 (1) The Criminal Procedure and Investigations Act 1996 is amended as follows. E+W

(2) In section 1 (application of this Part), in subsection (2)—

(a) paragraphs (a) to (c) are omitted, and

(b) in paragraph (cc), the words from “under” to the end are omitted.

(3) In section 5 (compulsory disclosure by accused)—

(a) in subsection (1), for “(2) to” there is substituted “ (3A) and ”,

(b) subsections (2) and (3) are omitted, and

(c) in subsection (3A), in paragraph (b), for “subsection (7) of section 51” there is substituted “ subsection (1) of section 51D ”.

(4) In section 13 (time limits: transitional), in subsection (1), paragraphs (a) to (c) of the modified section 3(8) are omitted.

(5) In section 21 (common law rules as to disclosure), in subsection (3), for paragraphs (b) and (c) there is substituted—

“(b) the accused is sent for trial (where this Part applies by virtue of section 1(2)(cc)),”.

(6) In section 28 (introduction to Part 3), in subsection (1)—

(a) for paragraph (a) there is substituted—

“(a) on or after the appointed day the accused is sent for trial for the offence concerned,”, and

(b) paragraph (b) is omitted.

(7) In section 39 (meaning of pre-trial hearing), in subsection (1), for paragraph (a) there is substituted—

“(a) after the accused has been sent for trial for the offence, and”.

(8) Section 68 (use of written statements and depositions at trial) and Schedule 2 (statements and depositions) shall cease to have effect.

Commencement Information

I19 Sch. 3 para. 66 partly in force; Sch. 3 para. 66 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 66(1)(2)(b)(3)(c)(6)(a)(7) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(q), 2(g); Sch. 3 para. 66 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Sexual Offences (Protected Material) Act 1997 (c. 39) E+W

67 E+W In section 9 of the Sexual Offences (Protected Material) Act 1997 (modification and amendment of certain enactments), subsection (1) is omitted.

Crime and Disorder Act 1998 (c. 37) U.K.

68 E+W The Crime and Disorder Act 1998 is amended as follows.

Commencement Information

I20 Sch. 3 para. 68 partly in force; Sch. 3 para. 68 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 33 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(h); Sch. 3 para. 68 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

69 E+W In section 52 (provisions supplementing section 51)—

(a) in subsection (1), after “51” there is inserted “ or 51A ”,

(b) in subsection (3), after “51” there is inserted “ or 51A ”,

(c) in subsection (5), after “51” there is inserted “ or 51A ”,

(d) in subsection (6), after “51” there is inserted “ or 51A ”, and

(e) in the heading, after “51” there is inserted “ and 51A ”.

Commencement Information

I21 Sch. 3 para. 69 partly in force; Sch. 3 para. 69 not in force at Royal Assent, see. s. 336(3); Sch. 3 para. 69 in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(h); Sch. 3 para. 69 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Prospective

70 U.K. In section 121 (short title, commencement and extent), in subsection (8), before “paragraphs 7(1)” there is inserted “ paragraph 3 of Schedule 3 to this Act, section 52(6) above so far as relating to that paragraph, ”.

Yn ddilys o 05/11/2012

71 U.K. In paragraph 3 of Schedule 3 (reporting restrictions)—

(a) in each of paragraphs (a) and (b) of sub-paragraph (1), for “Great Britain” there is substituted “ the United Kingdom ”,

(b) in sub-paragraph (8), after paragraph (b) there is inserted—

“(bb) where the application made by the accused under paragraph 2(1) above relates to a charge for an offence in respect of which notice has been given to the court under section 51B of this Act, any relevant business information;”,

(c) after sub-paragraph (9) there is inserted—

“(9A) The following is relevant business information for the purposes of sub-paragraph (8) above—

(a) any address used by the accused for carrying on a business on his own account;

(b) the name of any business which he was carrying on on his own account at any relevant time;

(c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

(d) the address of any such firm;

(e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

(f) the address of the registered or principal office of any such company;

(g) any working address of the accused in his capacity as a person engaged by any such company;

and here “engaged” means engaged under a contract of service or a contract for services.”, and

(d) after sub-paragraph (11) there is inserted—

“(11A) Proceedings for an offence under this paragraph shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.”

Commencement Information

I22 Sch. 3 para. 71(a)-(c) in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and 28.5.2013 for specified purposes, S.I. 2013/1103, art. 2(1)(c),(2),(3), art. 3, 4)

I23 Sch. 3 para. 71(a)-(c) in force at 5.11.2012 for specified purposes by S.I. 2012/2574, art. 2(1)(c)(2)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

72 E+W In paragraph 4 of Schedule 3 (power of justice to take depositions etc), in sub-paragraph (12), for the definition of “the relevant date” there is substituted—

““the relevant date” means the expiry of the period referred to in paragraph 1(1) above.”

Youth Justice and Criminal Evidence Act 1999 (c. 23) E+W

73 (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows. E+W

(2) In section 27 (video recorded evidence in chief), subsection (10) is omitted.

(3) In section 42 (interpretation and application of section 41), in subsection (3)—

(a) paragraphs (a) and (b) are omitted, and

(b) in paragraph (c), after “51” there is inserted “ or 51A ”.

Commencement Information

I24 Sch. 3 para. 73 partly in force; Sch. 3 para. 73 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 73(1)(3)(b) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. para. 2(i); Sch. 3 para. 73 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

74 (1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. E+W

(2) In section 8 (power and duty to remit young offenders to youth courts for sentence), in subsection (2), for paragraph (a) there is substituted—

“(a) if the offender was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998, to a youth court acting for the place where he was sent to the Crown Court for trial;”.

(3) In section 89 (restriction on imposing imprisonment), in subsection (2)—

(a) in paragraph (b), the words “trial or” are omitted, and

(b) in paragraph (c), after “51” there is inserted “ or 51A ”.

(4) In section 140 (enforcement of fines etc), in subsection (1)(b)—

(a) the words “was committed to the Crown Court to be tried or dealt with or by which he” are omitted, and

(b) after “51” there is inserted “ or 51A ”.

(5) In section 148 (restitution orders), in subsection (6), for paragraph (b) there is substituted—

“(b) such documents as were served on the offender in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998.”

(6) In Schedule 11, paragraph 9 is omitted.

Commencement Information

I25 Sch. 3 para. 74 partly in force; Sch. 3 para. 74 not in force at Royal Assent, see s. 336(3); Sch. 3 para. 74(1)(2)(3)(b)(4)(b)(5) in force for certain purposes at 9.5.2005 by S.I. 2005/1267, art. 2, Sch. paras. 1(1)(r), 2(j); Sch. 3 para. 74 in force at 18.6.2012 for specified purposes by S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4)

Yn ddilys o 18/06/2012

Proceeds of Crime Act 2002 (c. 29) E+W

75 (1) The Proceeds of Crime Act 2002 is amended as follows. E+W

(2) In section 6 (making of confiscation order), in subsection (2)(b), for “section 3, 4 or 6” there is substituted “ section 3, 3A, 3B, 3C, 4, 4A or 6 ”.

(3) In section 27 (defendant absconds after being convicted or committed), in subsection (2)(b), for “section 3, 4 or 6” there is substituted “ section 3, 3A, 3B, 3C, 4, 4A or 6 ”.

(4) In section 70 (committal by magistrates' court), in subsection (5), after “way)” there is inserted “ or under section 3B(2) of that Act (committal of child or young person) ”.