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Criminal Justice Act 2003

Changes over time for: SCHEDULE 26

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Changes to legislation:

Criminal Justice Act 2003, SCHEDULE 26 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Section 280(2)

SCHEDULE 26E+WIncrease in maximum term for certain summary offences

This schedule has no associated Explanatory Notes

Prospective

Railway Regulation Act 1840 (c. 97)E+W

1E+WIn section 16 of the Railway Regulation Act 1840 (obstructing officers or trespassing upon railway), for “one month”, there is substituted 51 weeks

Prospective

Licensing Act 1872 (c. 94)E+W

2E+WIn section 12 of the Licensing Act 1872 (penalty for being found drunk), for “one month” there is substituted 51 weeks

Prospective

Regulation of Railways Act 1889 (c. 57)E+W

3E+WIn section 5 of the Regulation of Railways Act 1889 (avoiding payment of fares, etc.), in subsection (3), for “three months” there is substituted 51 weeks

Prospective

Witnesses (Public Inquiries) Protection Act 1892 (c. 64)E+W

4E+WIn section 2 of the Witnesses (Public Inquiries) Protection Act 1892 (persons obstructing or intimidating witnesses), for “three months” there is substituted 51 weeks

Prospective

Licensing Act 1902 (c. 28)E+W

5E+WIn section 2 of the Licensing Act 1902 (penalty for being drunk while in charge of a child), in subsection (1), for “one month” there is substituted 51 weeks

Prospective

Emergency Powers Act 1920 (c. 55)E+W

6E+WIn section 2 of the Emergency Powers Act 1920 (emergency regulations), in subsection (3), for “three months” there is substituted 51 weeks

Prospective

Judicial Proceedings (Regulation of Reports) Act 1926 (c. 61)E+W

7E+WIn section 1 of the Judicial Proceedings (Regulation of Reports) Act 1926 (restriction on publication of reports of judicial proceedings), in subsection (2), for “four months” there is substituted 51 weeks

Prospective

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)E+W

8E+WIn section 7 of the Public Order Act 1936 (enforcement), in subsection (2), for “three months” there is substituted 51 weeks

Prospective

Cinematograph Films (Animals) Act 1937 (c. 59)E+W

9E+WIn section 1 of the Cinematograph Films (Animals) Act 1937 (prohibition of films involving cruelty to animals), in subsection (3), for “three months” there is substituted 51 weeks

Prospective

House to House Collections Act 1939 (c. 44)E+W

10E+WIn section 8 of the House to House Collections Act 1939, in subsection (2), for “three months” there is substituted 51 weeks

Prospective

Fire Services Act 1947 (c. 41)E+W

11E+WIn section 31 of the Fire Services Act 1947 (false alarms of fire), in subsection (1), for “three months” there is substituted 51 weeks

National Assistance Act 1948 (c. 29)E+W

12(1)The National Assistance Act 1948 is amended as follows.E+W

(2)In section 51 (failure to maintain), in subsection (3)(a) F1. . . , for “three months” there is substituted 51 weeks

(3)In section 52 (false statements), in subsection (1), for “three months” there is substituted 51 weeks

Textual Amendments

F1Words in Sch. 26 para. 12(2) repealed (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170, Sch. 15 Pt. 5 (subject to transitional provisions in Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

Prospective

Docking and Nicking of Horses Act 1949 (c. 70)E+W

13(1)The Docking and Nicking of Horses Act 1949 is amended as follows.E+W

(2)In section 1 (prohibition of docking and nicking except in certain cases), in subsection (3), for “three months” there is substituted 51 weeks

(3)In section 2 (restriction on landing docked horses)—

(a)in subsection (3), and

(b)in subsection (4),

for “3 months” there is substituted 51 weeks

Prospective

Protection of Animals (Amendment) Act 1954 (c. 40)E+W

14E+WIn section 2 of the Protection of Animals (Amendment) Act 1954 (breach of disqualification order), for “three months” there is substituted 51 weeks

Prospective

Children and Young Persons (Harmful Publications) Act 1955 (c. 28)E+W

15E+WIn section 2 of the Children and Young Persons (Harmful Publications) Act 1955 (penalty for publishing certain works etc.), in subsection (1), for “four months” there is substituted 51 weeks

Prospective

Agriculture Act 1957 (c. 57)E+W

16E+WIn section 7 of the Agriculture Act 1957 (penalties)—

(a)in subsection (1), for “three months” there is substituted 51 weeks

(b)in subsection (2), for “one month” there is substituted 51 weeks

Prospective

Animals (Cruel Poisons) Act 1962 (c. 26)E+W

17E+WIn section 1 of the Animals (Cruel Poisons) Act 1962 (offences and penalties under regulations), in paragraph (b), for “three months” there is substituted 51 weeks

Prospective

Plant Varieties and Seeds Act 1964 (c. 14)E+W

18E+WIn section 27 of the Plant Varieties and Seeds Act 1964 (tampering with samples), in subsection (1), for “three months” there is substituted 51 weeks

Prospective

Agriculture Act 1967 (c. 22)E+W

19E+WF2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Firearms Act 1968 (c. 27)E+W

20(1)Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences) is amended as follows.E+W

(2)In the entry relating to section 3(6) of that Act (business and other transactions with firearms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(3)In the entry relating to section 6(3) of that Act (power to prohibit movement of arms and ammunition), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(4)In the entry relating to section 20(2) of that Act (trespassing with firearm), in the fourth column, for “3 months” there is substituted 51 weeks.

(5)In the entry relating to section 22(1A) of that Act (acquisition and possession of firearms by minors), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(6)In the entry relating to section 25 of that Act (supplying firearm to person drunk or insane), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(7)In the entry relating to section 32C(6) of that Act (variation endorsement etc. of European documents), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(8)In the entry relating to section 42A of that Act (information as to transactions under visitors' permits), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(9)In the entry relating to section 47(2) of that Act (powers of constables to stop and search), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

(10)In the entry relating to section 49(3) of that Act (police powers in relation to arms traffic), in the fourth column, for “3 months” there is substituted “ 51 weeks. ”

Prospective

Agriculture (Miscellaneous Provisions) Act 1968 (c. 34)E+W

21E+WIn section 7 of the Agriculture (Miscellaneous Provisions) Act 1968 (punishment of offences under Part 1), in subsection (1), for “three months” there is substituted 51 weeks

Prospective

Agriculture Act 1970 (c. 40)E+W

22(1)The Agriculture Act 1970 is amended as follows.E+W

(2)In section 68 (duty to give statutory statement), in subsection (4), for “three months” there is substituted 51 weeks

(3)In section 69 (marking of material prepared for sale), in subsection (4), for “three months” there is substituted 51 weeks

(4)In section 70 (use of names or expressions with prescribed meanings), in subsection (2), for “three months” there is substituted 51 weeks

(5)In section 71 (particulars to be given of attributes if claimed to be present), in subsection (2), for “three months” there is substituted 51 weeks

(6)In section 73 (deleterious ingredients in feeding stuff), in subsection (4), for “three months” there is substituted 51 weeks

(7)In section 73A (unwholesome feeding stuff), in subsection (4), for “three months” there is substituted 51 weeks

(8)In section 74A (regulations controlling the contents of feeding stuff), in subsection (3), for “three months” there is substituted 51 weeks

(9)In section 79 (supplementary provision relating to samples and analysis), in subsection (10), for “three months” there is substituted 51 weeks

(10)In section 83 (exercise of powers by inspectors), in subsection (3), for “three months” there is substituted 51 weeks

(11)In section 106 (eradication of brucellosis), in subsection (7), for “three months” there is substituted 51 weeks

Prospective

Slaughterhouses Act 1974 (c. 3)E+W

23(1)The Slaughterhouses Act 1974 is amended as follows.E+W

(2)In section 20 (wrongful disclosure of information), in subsection (4), for “three months” there is substituted 51 weeks

(3)In section 21 (obstruction), in subsection (1), for “one month” there is substituted 51 weeks

(4)In section 23 (prosecution and punishment of offences), in subsection (2)(a), for “three months” there is substituted 51 weeks

Prospective

Criminal Law Act 1977 (c. 45)E+W

24E+WIn section 8 of the Criminal Law Act 1977 (trespassing with a weapon of offence), in subsection (3), for “three months” there is substituted 51 weeks

Prospective

Refuse Disposal (Amenity) Act 1978 (c. 3)E+W

25E+WIn section 2 of the Refuse Disposal (Amenity) Act 1978 (penalty for unauthorised dumping), in subsection (1), for “three months” there is substituted 51 weeks

Prospective

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

26(1)The Customs and Excise Management Act 1979 is amended as follows.E+W

(2)In section 21 (control of movement of aircraft), in subsection (6), for “3 months” there is substituted 51 weeks

(3)In section 33 (power to inspect aircraft etc.), in subsection (4), for “3 months” there is substituted 51 weeks

(4)In section 34 (power to prevent flight of aircraft)—

(a)in subsection (2), and

(b)in subsection (3),

for “3 months” there is substituted 51 weeks

Prospective

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)E+W

27E+WIn section 2 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (penalty for non-compliance with an exclusion order), in subsection (1), for “one month” there is substituted “ 51 weeks ”.

Prospective

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

28E+WIn section 9 of the Criminal Attempts Act 1981 (interference with vehicles), in subsection (3), for “three months” there is substituted 51 weeks

Prospective

British Nationality Act 1981 (c. 61)E+W

29E+WIn section 46 of the British Nationality Act 1981 (offences and proceedings), in subsection (1) for “three months” there is substituted 51 weeks

Prospective

Civil Aviation Act 1982 (c. 16)E+W

30(1)The Civil Aviation Act 1982 is amended as follows.E+W

(2)In section 44 (offences relating to the power to obtain rights over land), in subsection (10), for “three months” there is substituted “ 51 weeks ”

(3)In section 75 (investigation of accidents), in subsection (5), for “three months” there is substituted “ 51 weeks ”

Prospective

Anatomy Act 1984 (c. 14)E+W

31E+WIn section 11 of the Anatomy Act 1984 (offences), in subsection (6), for “3 months” there is substituted 51 weeks

Prospective

Public Health (Control of Disease) Act 1984 (c. 22)E+W

32(1)The Public Health (Control of Disease) Act 1984 is amended as follows.E+W

(2)In section 29 (letting of house after recent case of notifiable disease), in subsection (1), for “one month” there is substituted 51 weeks

(3)In section 30 (duty on ceasing to occupy house after recent case of notifiable disease), in subsection (1), for “one month” there is substituted 51 weeks

(4)In section 62 (powers of entry), in subsection (3), for “3 months” there is substituted 51 weeks

Prospective

County Courts Act 1984 (c. 28)E+W

33(1)The County Courts Act 1984 is amended as follows.E+W

(2)In section 14 (penalty for assaulting officers), in subsection (1)(a), for “3 months” there is substituted 51 weeks

(3)In section 92 (penalty for rescuing goods seized), in subsection (1)(a), for “one month” there is substituted 51 weeks.

Prospective

Animal Health and Welfare Act 1984 (c. 40)E+W

34E+WIn section 10 of the Animal Health and Welfare Act 1984 (artificial breeding of livestock), in subsection (6), for “three months” there is substituted 51 weeks

Prospective

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

35E+WIn section 63C of the Police and Criminal Evidence Act 1984 (testing for presence of drugs), in subsection (1), for “three months” there is substituted 51 weeks

Prospective

Sporting Events (Control of Alcohol etc.) Act 1985 (c. 57)E+W

36E+WIn section 8 of the Sporting Events (Control of Alcohol etc.) Act 1985 (penalties for offences), in paragraph (b), for “three months” there is substituted 51 weeks

Prospective

Public Order Act 1986 (c. 64)E+W

37(1)The Public Order Act 1986 is amended as follows.E+W

(2)In section 12 (imposing conditions on public processions)—

(a)in subsection (8), and

(b)in subsection (10),

for “3 months” there is substituted 51 weeks

(3)In section 13 (prohibiting public processions)—

(a)in subsection (11), and

(b)in subsection (13),

for “3 months” there is substituted 51 weeks

(4)In section 14 (imposing conditions on public assemblies)—

(a)in subsection (8), and

(b)in subsection (10),

for “3 months” there is substituted 51 weeks

(5)In section 14B (offences in connection with trespassory assemblies and arrest therefor)—

(a)in subsection (5), and

(b)in subsection (7),

for “3 months” there is substituted 51 weeks

Prospective

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

38(1)Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offenders) is amended as follows.E+W

(2)In the entry relating to section 4(2) of the Road Traffic Act 1988 (driving, or being in charge, when under the influence of drink or drugs), in column 4, for “3 months” there is substituted 51 weeks

(3)In the entry relating to section 5(1)(b) of that Act (driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit), in column 4, for “3 months” there is substituted 51 weeks

(4)In the entry relating to section 7 of that Act (provision of specimens for analysis), in column 4, for “3 months” there is substituted 51 weeks

(5)In the entry relating to section 7A of that Act (failing to allow specimen to be subjected to analysis), in column 4, for “3 months” there is substituted 51 weeks

Prospective

Official Secrets Act 1989 (c. 6)E+W

39E+WIn section 10 of the Official Secrets Act 1989 (penalties), in subsection (2), for “three months” there is substituted 51 weeks

Prospective

Human Organ Transplants Act 1989 (c. 31)E+W

40E+WIn section 1 of the Human Organ Transplants Act 1989 (prohibition of commercial dealings in human organs), in subsection (5), for “three months” there is substituted 51 weeks

Prospective

Football Spectators Act 1989 (c. 37)E+W

41E+WF3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

Food Safety Act 1990 (c. 16)E+W

42E+WIn section 35 of the Food Safety Act 1990 (punishment of offences), in subsection (1), for “three months” there is substituted 51 weeks

Prospective

Deer Act 1991 (c. 54)E+W

43E+WIn section 9 of the Deer Act 1991 (penalties for offences relating to deer), in subsection (1), for “three months” there is substituted 51 weeks

Prospective

Social Security Administration Act 1992 (c. 5)E+W

44E+WIn section 112 of the Social Security Administration Act 1992 (false representations for obtaining benefit etc.), in subsection (2), for “3 months” there is substituted 51 weeks

Prospective

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

45(1)The Criminal Justice and Public Order Act 1994 is amended as follows.E+W

(2)In section 60 (failing to stop), in subsection (8), for “one month” there is substituted “ 51 weeks ”.

(3)In section 60AA (powers to require removal of disguises), in subsection (7), for “one month” there is substituted “ 51 weeks ”.

(4)In section 61 (power to remove trespasser on land), in subsection (4), for “three months” there is substituted “ 51 weeks ”.

(5)In section 62B (failure to comply with direction under section 62A: offences), in subsection (3), for “3 months” there is substituted “ 51 weeks ”.

(6)In section 63 (powers to remove persons attending or preparing for a rave), in subsections (6) and (7B), for “three months” there is substituted “ 51 weeks ”.

(7)In section 68 (offence of aggravated trespass), in subsection (3), for “three months” there is substituted “ 51 weeks ”.

(8)In section 69 (powers to remove persons committing or participating in aggravated trespass), in subsection (3), for “three months” there is substituted “ 51 weeks ”.

Prospective

London Local Authorities Act 1995 (c. x)E+W

46E+WIn section 24 of the London Local Authorities Act 1995 (enforcement), in subsection (1), for “three months” there is substituted 51 weeks

Prospective

Police Act 1996 (c. 16)E+W

47E+WIn section 89 of the Police Act 1996 (assaults on constables etc.), in subsection (2), for “one month” there is substituted 51 weeks

Prospective

Treasure Act 1996 (c. 24)E+W

48E+WIn section 8 of the Treasure Act 1996 (duty of finder of treasure to notify coroner), in subsection (3)(a), for “three months” there is substituted 51 weeks

Prospective

Education Act 1996 (c. 56)E+W

49(1)The Education Act 1996 is amended as follows.E+W

(2)In section 444 (failure to secure regular attendance at school), in subsection (8A)(b), for “three months” there is substituted 51 weeks

(3)In section 559 (prohibition or restriction on employment of children), in subsection (4)(b), for “one month” there is substituted 51 weeks

Prospective

Government of Wales Act 1998 (c. 38)E+W

50E+WF4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 26 para. 50 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12, the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

Prospective

Access to Justice Act 1999 (c. 22)E+W

F551E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 26 para. 51 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

Prospective

Greater London Authority Act 1999 (c. 29)E+W

52E+WIn section 64 of the Greater London Authority Act 1999 (failure to attend proceedings etc), in subsection (2)(b), for “three months” there is substituted 51 weeks

Prospective

Immigration and Asylum Act 1999 (c. 33)E+W

53(1)The Immigration and Asylum Act 1999 is amended as follows.E+W

(2)In section 105 (false representation), in subsection (2), for “three months” there is substituted 51 weeks

(3)In section 108 (failure of sponsor to maintain), in subsection (2), for “3 months” there is substituted 51 weeks

Prospective

Financial Services and Markets Act 2000 (c. 8)E+W

54(1)The Financial Services and Markets Act 2000 is amended as follows.E+W

(2)In section 177 (offences), in subsection (6), for “three months” there is substituted 51 weeks

(3)In section 352 (offences), in subsection (5), for “three months” there is substituted 51 weeks

Prospective

Terrorism Act 2000 (c. 11)E+W

55(1)The Terrorism Act 2000 is amended as follows.E+W

(2)In section 36 (police powers), in subsection (4)(a), for “three months” there is substituted 51 weeks

(3)In section 51 (offences in relation to parking), in subsection (6)(a), for “three months” there is substituted 51 weeks

(4)In Schedule 5 (terrorist investigations: information)—

(a)in paragraph 3(8)(a), and

(b)in paragraph 15(5)(a),

for “three months” there is substituted 51 weeks

(5)In Schedule 7 (ports and border controls), in paragraph 18(2)(a), for “three months” there is substituted 51 weeks

Prospective

Criminal Justice and Police Act 2001 (c. 16)E+W

56(1)The Criminal Justice and Police Act 2001 is amended as follows.E+W

(2)In section 25 (enforcement of closure orders)—

(a)in subsection (3)(a), for “one month” there is substituted “ 51 weeks ”, and

(b)in subsections (4) and (5), for “three months” there is substituted “ 51 weeks ”.

(3)In section 42 (prevention of intimidation), in subsection (7), for “three months” there is substituted “ 51 weeks ”.

Prospective

Police Reform Act 2002 (c. 30)E+W

57E+WIn section 46 of the Police Reform Act 2002 (offences against designated and accredited persons etc.), in subsection (2), for “one month” there is substituted 51 weeks

Prospective

Nationality, Immigration and Asylum Act 2002 (c. 41)E+W

58E+WIn section 137 of the Nationality, Immigration and Asylum Act 2002 (offences relating to the disclosure of information), in subsection (2)(a), for “three months” there is substituted “ 51 weeks ”.

Prospective

Anti-social Behaviour Act 2003 (c. 38)E+W

F659E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 26 para. 59 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(cc)(viii) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))

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