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Criminal Justice Act 1988 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part III Other Provisions about Evidence in Criminal Proceedings
Part V Jurisdiction, Imprisonment, Fines, Etc.
37. Certain either way offences relating to motor vehicles to be summary offences.
39A.Time limit for prosecution of common assault or battery in domestic abuse cases
40. Power to join in indictment count for common assault etc.
41. Power of Crown Court to deal with summary offence where person committed for either way offence.
45. Increase in maximum term of imprisonment for cruelty to children and young persons.
46. Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.
50. Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.
Maximum fines under subordinate legislation
51. Statutory maximum as penalty on summary conviction for offences triable either way in subordinate legislation.
52. Penalties on conviction for summary offences under subordinate legislation— conversion of references to amounts to references to levels on scale.
53. Powers to specify maximum fines for summary offences under subordinate instruments— conversion of references to amounts to references to levels on scale—England and Wales.
54. Fines on summary conviction for offences under subordinate instruments— conversion to references to levels on scale—Scotland.
55. Fines under secondary subordinate instruments— England and Wales.
56. Fines under secondary subordinate instruments: Scotland.
57. Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.
Part VI Confiscation of the Proceeds of an Offence
73. Statements, etc. relevant to making confiscation orders.
Money laundering and other offences
93A. Assisting another to retain the benefit of criminal conduct.
93B.Acquisition, possession or use of proceeds of criminal conduct.
93C.Concealing or transferring proceeds of criminal conduct.
93F.Prosecution by order of the Commissioners of Customs and Excise.
93G.Extension of certain offences to Crown servants and exemptions for regulators etc.
Part VII Compensation by Court and Criminal Injuries Compensation Board
125. Abolition of power of court to commit juvenile to remand centre instead of local authority care. 1969 c. 54.
126. Amendment of section 53(2) of Children and Young Persons Act 1933.
129. Signature of orders relating to detention of young offenders.
130. Computation of sentence—time passed in care of local authority in accommodation provided for restricting liberty. 1967 c. 80.
Articles with blades or points and offensive weapons
139. Offence of having article with blade or point in public place.
139A.Offence of having article with blade or point (or offensive weapon) on education premises.
139AZA.Offences under sections 139 and 139A: previous relevant convictions
139AA.Offence of threatening with article with blade or point or offensive weapon
139B. Power of entry to search for articles with a blade or point and offensive weapons.
141ZA.Application of section 141 to swords: further provision
141ZC.Prohibition on importation of offensive weapons: exceptions
141ZD.Prohibition on importation of offensive weapons: burdens of proof
141A. Sale of knives and certain articles with blade or point to persons under sixteen.
141B.Limitations on defence to offence under section 141A: England and Wales
141C.Defence to offence under section 141A where remote sale or letting on hire: Scotland
142. Power of justice of the peace to authorise entry and search of premises for offensive weapons.
SCHEDULES
1.The Drug Trafficking Offences Act 1986 shall be amended as...
2.In section 7 (cases in which restraint orders and charging...
3.(1) The following subsection shall be inserted after subsection (5)...
4.(1) The following paragraphs shall be substituted for subsection (3)(a)...
5.Subsection (1) of section 10 of that Act (charging orders:...
6.(1) Section 12 (application of proceeds of realisation and other...
8.(1) Section 16 (sequestration in Scotland of defendant etc.) shall...
10.The following section shall be inserted after that section— Insolvency...
11.In subsection (2) of section 18 (receivers: supplementary provisions) for...
12.In section 19 (compensation)— (a) in paragraph (b)(i) of subsection...
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14.(1) The following paragraph shall be substituted for subsection (1)(d)...
15.The following sections shall be substituted for section 26— Enforcement...
16.The following subsections shall be substituted for subsections (12) and...
17.In section 40(4) (effect of Act in Scotland), in paragraph...
Part II Amendments of Criminal Justice (Scotland) Act 1987
18.The Criminal Justice (Scotland) Act 1987 shall be amended as...
19.In section 1 (confiscation orders) in paragraph (b) of subsection...
20.In subsection (6)(a) of section 11 (which applies the provisions...
21.In subsection (3) of section 16 (application of proceeds of...
22.In section 34(6)(d) (bankruptcy in England and Wales of person...
23.In subsection (5) of section 38 (order to permit entry...
Evidence Before service courts.
Minor and Consequential Amendments
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)
Criminal Appeal Act 1968 (c. 19)
20.The Criminal Appeal Act 1968 shall be amended as follows....
22.(1) In subsection (2)(b) of section 10 (proceedings from which...
23.(1) In subsection (2) of section 11 (supplementary provisions as...
24.The following subsection shall be substituted for subsection (4) of...
25.The following section shall be inserted after section 18— Appeals...
27.In section 29(2)(b) (circumstances in which there may not be...
28.The following section shall be substituted for section 30— Restitution...
29.The following shall be substituted for the words in section...
30.The following subsection shall be inserted after subsection (2A) of...
31.The following shall be substituted in the first subsection of...
32.The following paragraph shall be inserted after paragraph 1 of...
Powers of Criminal Courts Act 1973 (c. 62)
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42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Magistrates’ Courts Act 1980 (c. 43)
65.The Magistrates’ Courts Act 1980 shall be amended as follows....
66.In section 6(5) (display of notice of committal or discharge)...
67.In subsection (1) of section 37 (committal to Crown Court...
69.(1) In subsection (3A) of section 128 (remand in custody...
70.The following subsection shall be inserted after subsection (2) of...
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
71.The Criminal Appeal (Northern Ireland) Act 1980 shall be amended...
72.The following subsection shall be substituted for subsection (4) of...
73.The following section shall be inserted after section 16— Appeals...
74.The following section shall be substituted for section 17— Bail....
75.The following section shall be substituted for section 18— Groundless...
76.(1) In section 44(1) (constitution of Court of Appeal on...
77.The following paragraph shall be substituted for section 45(2)(d)—
78.The following subsection shall be inserted after section 45(3)—
Police and Criminal Evidence Act 1984 (c. 60)
97.The Police and Criminal Evidence Act 1984 shall be amended...
98.At the end of subsection (3)(b) of section 24 (arrest)...
99.In section 55(1) (intimate searches) for the words “such a...
100.In section 65, in the definition of “intimate samples", for...
101.In section 120 (extent) the second of the two subsections...
The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)
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