Criminal Justice Act 1967

Part IU.K. Criminal Procedure, etc.

Committal proceedingsE+W

1—6. Committal for trial without consideration of the evidence.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F2S. 7 repealed (4.7.1996 with effect as mentioned in Sch. 2 para. 7 of the amending Act) by 1996 c. 25, ss. 68, 80, Sch. 2 paras. 6(2), 7, Sch. 5 para. 11 (with s. 78(1)); S.I. 1997/683, art. 1(2)

Miscellaneous provisions as to evidence, procedure and trialU.K.

8 Proof of criminal intent.E+W

A court or jury, in determining whether a person has committed an offence,—

(a)shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but

(b)shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.

9 Proof by written statement. E+W+N.I.

(1)In any criminal proceedings, other than committal proceedings under sections 4 to 6 of the Magistrates’ Courts Act 1980, a written statement by any person shall, if such of the conditions mentioned in the next following subsection as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2)The said conditions are—

(a)the statement purports to be signed by the person who made it;

(b)the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;

(c)before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and

(d)none of the other parties or their solicitors, within seven days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:

Provided that the conditions mentioned in paragraphs (c) and (d) of this subsection shall not apply if the parties agree before or during the hearing that the statement shall be so tendered.

(3)The following provisions shall also have effect in relation to any written statement tendered in evidence under this section, that is to say—

(a)if the statement is made by a person under the age of [F3eighteen], it shall give his age;

(b)if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and

(c)if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under paragraph (c) of the last foregoing subsection shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.

(4)Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section—

(a)the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and

(b)the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

(5)An application under paragraph (b) of the last foregoing subsection to a court other than a magistrates’ court may be made before the hearing and on any such application the powers of the court shall be exercisable [F4by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone.]

(6)So much of any statement as is admitted in evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

(7)Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

(8)A document required by this section to be served on any person may be served—

(a)by delivering it to him or to his solicitor; or

(b)by addressing it to him and leaving it at his usual or last known place of abode or place of business or by addressing it to his solicitor and leaving it at his office; or

(c)by sending it in a registered letter or by the recorded delivery service [F5or by first class post]addressed to him at his usual or last known place of abode or place of business or addressed to his solicitor at his office; or

(d)in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it in a registered letter or by the recorded delivery service [F6or by first class post]addressed to the secretary or clerk of that body at that office.

Extent Information

E1This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F3Word in s. 9(3)(a) substituted (4.7.1996 with application (E.W.) (1.4.1997) and (N.I.) (1.1.1998) as mentioned in s. 69(2) of the amending Act) by 1996 c. 25, s. 69 (with s. 78(1)); S.I. 1997/682, art. 2; S.I. 1997/3108, art. 2

F4Words substituted for s. 9(5)(a)(b) by Courts Act 1971 (c. 23), Sch. 8 para. 49

F5Words in s. 9(8)(c) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F6Words in s. 9(8)(d) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Modifications etc. (not altering text)

C2S. 9 extended with modifications by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 5(3)

C5S. 9 applied (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 63; S.I. 1997/304, art. 2)

S. 9: power to apply (with modifications) conferred (1.4.1997) by 1957 c. 53, ss. 63A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 63; S.I. 1997/304, art. 2)

S. 9 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. I

C6S. 9 applied (with modifications) (1.4.1997) by S.I. 1997/173, reg. 2, Sch.

9 Proof by written statement. S

(1)In any criminal proceedings, other than committal proceedings under sections 4 to 6 of the Magistrates’ Courts Act 1980, a written statement by any person shall, if such of the conditions mentioned in the next following subsection as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2)The said conditions are—

(a)the statement purports to be signed by the person who made it;

(b)the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;

(c)before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and

(d)none of the other parties or their solicitors, within seven days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:

Provided that the conditions mentioned in paragraphs (c) and (d) of this subsection shall not apply if the parties agree before or during the hearing that the statement shall be so tendered.

(3)The following provisions shall also have effect in relation to any written statement tendered in evidence under this section, that is to say—

(a)if the statement is made by a person under the age of twenty-one, it shall give his age;

(b)if it is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read; and

(c)if it refers to any other document as an exhibit, the copy served on any other party to the proceedings under paragraph (c) of the last foregoing subsection shall be accompanied by a copy of that document or by such information as may be necessary in order to enable the party on whom it is served to inspect that document or a copy thereof.

(4)Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section—

(a)the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and

(b)the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

(5)An application under paragraph (b) of the last foregoing subsection to a court other than a magistrates’ court may be made before the hearing and on any such application the powers of the court shall be exercisable [F153by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone.]

(6)So much of any statement as is admitted in evidence by virtue of this section shall, unless the court otherwise directs, be read aloud at the hearing and where the court so directs an account shall be given orally of so much of any statement as is not read aloud.

(7)Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

(8)A document required by this section to be served on any person may be served—

(a)by delivering it to him or to his solicitor; or

(b)by addressing it to him and leaving it at his usual or last known place of abode or place of business or by addressing it to his solicitor and leaving it at his office; or

(c)by sending it in a registered letter or by the recorded delivery service [F154or by first class post]addressed to him at his usual or last known place of abode or place of business or addressed to his solicitor at his office; or

(d)in the case of a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office or sending it in a registered letter or by the recorded delivery service [F155or by first class post]addressed to the secretary or clerk of that body at that office.

Extent Information

E2This version extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F153Words substituted for s. 9(5)(a)(b) by Courts Act 1971 (c. 23), Sch. 8 para. 49

F154Words in s. 9(8)(c) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F155Words in s. 9(8)(d) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(1)(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Modifications etc. (not altering text)

C25S. 9 extended with modifications by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 5(3)

C28S. 9 applied (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 63; S.I. 1997/304, art. 2)

S. 9: power to apply (with modifications) conferred (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III; S.I. 1997/304, art. 2)

S. 9 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. I

S. 9 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. I

C29S. 9 applied (with modifications) (1.4.1997) by S.I. 1997/173, reg. 2, Sch.

10 Proof by formal admission.U.K.

(1)Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.

(2)An admission under this section—

(a)may be made before or at the proceedings;

(b)if made otherwise than in court, shall be in writing;

(c)if made in writing by an individual, shall purport to be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;

(d)if made on behalf of a defendant who is an individual, shall be made by his counsel or solicitor;

(3)An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).

(4)An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.

Modifications etc. (not altering text)

C7S. 10 applied (with modifications) (1.4.1997) bY S.I. 1997/173, reg. 2, Sch.

S. 10 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. II

S. 10 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. II

S. 10 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. II

[F711 Notice of alibi.U.K.

(1)On a trial on indictment the defendant shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.

(2)Without prejudice to the foregoing subsection, on any such trial the defendant shall not without the leave of the court call any other person to give such evidence unless—

(a)the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the defendant at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness;

(b)if the name or the address is not included in that notice, the court is satisfied that the defendant, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;

(c)if the name or the address is not included in that notice, but the defendant subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and

(d)if the defendant is notified by or on behalf of the prosecutor that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it.

(3)The court shall not refuse leave under this section if it appears to the court that the defendant was not informed in accordance with rules under [F8section 144 of the Magistrates’ Courts Act 1980](rules of procedure for magistrates’ courts) of the requirements of this section.

(4)Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.

(5)Any notice purporting to be given under this section on behalf of the defendant by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.

(6)A notice under subsection (1) of this section shall either be given in court during, or at the end of, the proceedings before the examining justices or be given in writing to the solicitor for the prosecutor, and a notice under paragraph (c) or (d) of subsection (2) of this section shall be given in writing to that solicitor.

(7)A notice required by this section to be given to the solicitor for the prosecutor may be given by delivering it to him, or by leaving it at his office, or by sending it in a registered letter or by the recorded delivery service [F9or by first class post]addressed to him at his office.

(8)In this section—

  • “evidence in support of an alibi” means evidence tending to show that by reason of the presence of the defendant at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.

  • “the prescribed period” means the period of seven days from the end of the proceedings before the examining justices [F10or, where a notice of transfer has been given under [F11a relevant transfer provision], of the giving of that notice].

  • [F12“relevant transfer provision” means—

(a)section 4 of the Criminal Justice Act 1987; or

(b)section 53 of the Criminal Justice Act 1991.]

(9)In computing the said period a Sunday, Christmas Day, Good Friday, a day which is a bank holiday under the M1Bank Holidays Act 1871 in England and Wales or a day appointed for public thanksgiving or mourning shall be disregarded.]

Textual Amendments

F7S. 11 repealed (with saving) (E.W.N.I) (4.7.1996 with application (E.W.) (1.4.1997) and (N.I.) (1.1.1998) as mentioned in s. 74(5) of the amending Act) by 1996 c. 25, ss. 1(5), 74(1)(2)(5), 80, Sch. 5 para. 9 (with s. 78(1)); S.I. 1997/682, art. 2, S.I. 1997/3108, art. 2

F9Words in s. 11(7) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 6(2); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F11Words in s. 11(8) substituted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 7(a); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

F12Definition in s. 11(8) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 7(b); S.I. 1995/127, art. 2(1), Sch. 1 Appendix A

Modifications etc. (not altering text)

C8S. 11: power to repeal conferred (4.7.1996) by 1996 c. 25, s. 78(6)(a) (with s. 78(1))

S. 11 modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. II

S. 11 modified (2.10.2000) by S.I. 2000/2371, rule 27(2), Sch. 3 Pt. II

S. 11 modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. II

C9S. 11 applied (with modifications) (1.4.1997) by S.I. 1997/173, art. 2

Marginal Citations

12 Application of sections 9 to 11 to courts-martial.U.K.

Without prejudice to section 99(1) of the M2Army Act 1955 or of the M3Air Force Act 1955 [F13, or section 64A(1) of the Naval Discipline Act 1957,] (application to proceedings before courts-martial of civil rules as to the admissibility of evidence) and to any power to make rules F14. . . for the procedure of, and otherwise for the trial of offences by, courts-martial, [F15sections 10 and 11 above shall apply to proceedings before courts-martial]as they apply to proceedings on indictment subject, however, to such modifications as may be prescribed by regulations made by the Secretary of State, being modifications which appear to him to be necessary or proper for the purpose of the operation of those sections in relation to proceedings before courts-martials.

Textual Amendments

F13Words in s. 12 inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 99(a); S.I. 1997/304, art. 2 (with art. 3)

F14Words in s. 12 repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. I; S.I. 1997/304, art. 2

F15Words in s. 12 substituted for paras.(a) and (b) (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 99(b); S.I. 1997/304, art. 2 (with art. 3)

Modifications etc. (not altering text)

C10S. 12 modified (4.7.1996 with application (E.W) (1.4.1997) and (N.I.) (1.1.1998) by s. 74(5) of the amending Act) by 1996 c. 25, ss. 1(5), 74(3)(5) (with s. 78(1)); S.I. 1997/682, art. 2, S.I. 1997/3108, art. 2

S. 12: power to amend or repeal s. 12 conferred (4.7.1996) by 1996 c. 25, s. 78(6)(b) (with s. 78(1))

S. 12 applied (with modifications) (2.10.2000) by S.I. 2000/2372, rule 27(1)(c)(2)(c)

S. 12 applied (with modifications) (2.10.2000) by S.I. 2000/2371, rule 27(1)(c)(2)(c)

S. 12 applied (with modifications) (2.10.2000) by S.I. 2000/2370, rule 27(1)(d)(2)(c)

Marginal Citations

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

Textual Amendments

14—16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W

Textual Amendments

17 Entry of verdict of not guilty by order of a judge.E+W

Where a defendant arraigned on an indictment or inquisition pleads not guilty and the prosecutor proposes to offer no evidence against him, the court before which the defendant is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without the defendant being given in charge to a jury, and the verdict shall have the same effect as if the defendant had been tried and acquitted on the verdict of a jury.

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

Textual Amendments

F18Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

(2)For the purposes of this section any committal proceedings from which the proceedings on the summary trial arose shall be treated as part of the trial.

Textual Amendments

F19Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

20 Power of magistrates’ court to commit on bail for sentence.E+W

Where a magistrates’ court has power to commit an offender to a [F20Crown Court] under section 5 of the M4Vagrancy Act 1824 (incorrigible rogues). . . F21, the court may instead of committing him in custody commit him on bail.

Textual Amendments

Marginal Citations

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W

Textual Amendments

F22Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

22 Extension of power of High Court to grant, or vary conditions of, bail.E+W

[F23(1)Where [F24a magistrates’ court] withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, the High Court may [F25, subject to section 25 of the Criminal Justice and Public Order Act 1994,] grant bail or vary the conditions.

(2)Where the High Court grants a person bail under this section it may direct him to appear at a time and place which the [F24magistrates’ court] could have directed and the recognizance of any surety shall be conditioned accordingly.]

(3)Subsections. . . F26 (4) and (6) of section 37 of the M5Criminal Justice Act 1948 (ancillary provisions as to persons [F27granted] to bail by the High Court under that section and the currency of sentence in the case of persons so admitted) shall apply in relation to the powers conferred by this section and persons [F27granted] bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons [F27granted] bail in pursuance of those powers, except that the said subsection (6) shall not apply in relation to a person [F27granted] bail pending an appeal from a magistrates’ court to [F28the Crown Court].

(4)In this section. . . F29[F30. . . F31“bail in criminal proceedings” and “vary” shall have the same meanings as they have in the M6Bail Act 1976.]

(5)The powers conferred on the High Court by this section shall be in substitution for the powers so conferred by paragraphs (a), (b) and (c) of section 37(1) of the M7Criminal Justice Act 1948, but except as aforesaid this section shall not prejudice any powers of the High Court to admit or direct the admission of persons to bail.

Textual Amendments

F23S. 22(1)(2) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(2)

F25Words in s. 22(1) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 15; S.I. 1995/721, art. 2, Sch. Appendix A

Marginal Citations

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W

Textual Amendments

F32Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W

Textual Amendments

F33Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

25 Restriction on issue of search warrants under Obscene Publications Act 1959.E+W

A justice of the peace shall not issue a warrant under section 3(1) of the M8Obscene Publications Act 1959 (search for and seizure of obscene articles) except on an information laid by or on behalf of the Director of Public Prosecutions or by a constable.

Marginal Citations

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W

Textual Amendments

F34Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

Textual Amendments

28—30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

Textual Amendments

F36Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

31

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(3)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F37S. 31(1)(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F38Ss. 31(3)–(6), 32(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. III

32 Amendments of Costs in Criminal Cases Act 1952.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(2)[F40. . . F41 section 33 of the M9Courts Martial (Appeals) Act 1968] (payment out of moneys provided by Parliament of expenses of witnesses in connection with appeals to the Courts-Martial Appeal Court). . . F42shall apply in relation to a registered medical practitioner making a written report to a court in pursuance of a request to which this subsection applies as [F43it applies] in relation to a person called to give evidence at the instance of the court,. . . F42.

(3)The last foregoing subsection applies to a request to a registered medical practitioner to make a written or oral report on the medical condition of an offender or defendant, being a request made by a court—

(a)for the purpose of determining whether or not to make an order under [F44paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000](probation orders requiring treatment for mental condition) or section 60 of the M10Mental Health Act 1959 (hospital orders and guardianship orders) or otherwise for the purpose of determining the most suitable method of dealing with an offender; or

(b)in exercise of the powers conferred by [F45section 11 of the Powers of Criminal Courts (Sentencing) Act 2000](remand of a defendant for medical examination and requirement of such an examination on committing a defendant for trial on bail).

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Textual Amendments

F39Ss. 31(3)–(6), 32(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. III

F41Words repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F44Words in s. 32(3)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 24(a)

F45Words in s. 32(3)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 24(b)

F46S. 32(4) repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

Marginal Citations

33 Taking and use of finger-prints and palm-prints.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48in section 39 of the M11Criminal Justice Act 1948 (proof of previous convictions by finger-print) any reference to finger-prints shall be construed as including a reference to palm-prints.

Textual Amendments

Marginal Citations

34 Committal of persons under twenty-one accused of extradition crimes, etc.E+W

Any person under the age of twenty-one who apart from this section would be committed to prison under section 10 of the M12Extradition Act 1870 (committal of a person alleged to have committed an extradition crime) or section 5(1)(a) of the M13Backing of Warrants (Republic of Ireland) Act 1965 (remand in custody of a person for whose arrest a warrant has or is alleged to have been issued in the Republic of Ireland) shall be committed to an institution to which he could be committed if he were charged with an offence before the court which commits him, and any reference in those provisions to prison shall be construed accordingly.

Marginal Citations

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49E+W

Textual Amendments

36 Interpretation of Part I.E+W

(1)In this Part of this Act—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

  • “committal proceedings” means proceedings before a magistrates’ court acting a s examining justices;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

  • “director”, in relation to a body corporate which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that body.

(2)Expressions used in any provision of this Part of this Act relating to magistrates’ courts or proceedings before such courts and also used in [F51the Magistrates’ Courts Act 1980] have the same meanings in any such provision as they have in that Act.

Textual Amendments

Part IIU.K.Powers of Courts to Deal with Offenders

37—42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52E+W

Textual Amendments

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53E+W

Textual Amendments

Enforcement of payment of fines, etc.E+W+S

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54E+W

Textual Amendments

44A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55E+W

Textual Amendments

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56E+W

Textual Amendments

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W

Textual Amendments

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W

Textual Amendments

48

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Textual Amendments

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61E+W

Textual Amendments

F6350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F62 E+W

Textual Amendments

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64E+W

Textual Amendments

52, 53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65E+W

Textual Amendments

54

(1)—(3).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

Textual Amendments

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69E+W

Textual Amendments

MiscellaneousE+W

F7056. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F70S. 56 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71E+W

Textual Amendments

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72E+W

Textual Amendments

Part IIIU.K. Treatment of Offenders

Release of prisoners on licence and supervision of prisoners after releaseE+W+S

F73F7459. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F7560. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7661. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7762. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78E+W

Textual Amendments

F7964. . .E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

MiscellaneousU.K.

65 Abolition of corporal punishment in prison.E+W

Corporal punishment shall not be inflicted in any prison or other institution to which the M14Prison Act 1952 applies, and accordingly section 18 of that Act shall cease to have effect.

Marginal Citations

66

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

(2)Section 15 of the said Act of 1952 (provision of separate buildings for male and female prisoners confined in the same prison) shall cease to have effect.

(3)For sections 30 to 32 of the said Act of 1952 (discharged prisoners aid societies and allowances and expenses for discharged prisoners) there shall be substituted the following section:—

“30 Payments for discharged prisoners.

The Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine”

(4)Any statutory instrument containing rules made under section 47 of the said Act of 1952 (prison rules) shall be subject to annulment in pursuance of a resolution of either House of Parliament; and accordingly so much of section 52(2) of that Act as requires a draft of such an instrument to be laid before Parliament shall cease to have effect.

(5)In section 47(4) of that Act (duty to include in prison rules provisions for the special treatment of certain classes of prisoners), paragraphs (b) and (c) (persons convicted of sedition, etc., and appellants) shall cease to have effect, and at the end of paragraph (d) (miscellaneous prisoners) there shall be added the words “or a person committed to custody on his conviction”.

Textual Amendments

Modifications etc. (not altering text)

C11The text of s. 66(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

C12The text of s. 66(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

67Computation of sentences of imprisonment passed in England and Wales.E+W

(1)The length of any sentence of imprisonment imposed on an offender by a court shall be treated as reduced by any [F81relevant period, but where he][F82(a)] was previously subject to a probation order, [F83a community service order], an order for conditional discharge or a suspended sentence in respect of that offence, any such period falling before the order was made or suspended sentence passed shall be disregarded for the purposes of this section.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

[F85(1A)In subsection (1) above “relevant period” means—

(a)any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or

(b)any period during which he was in custody—

(i)by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or

(ii)by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.][F86or—

(c)any period during which, in connection with the offence for which the sentence was passed, he was [F87remanded [F88or committed] to local authority accommodation] by virtue of an order under section 23 of the Children and Young Persons Act 1969 [F89or section 37 of the Magistrates’ Courts Act 1980] and in accommodation provided for the purpose of restricting liberty.]

(2)For the purposes of this section a suspended sentence shall be treated as a sentence of imprisonment when it takes effect under [F90section 119 of the Powers of Criminal Courts (Sentencing) Act 2000] and as being imposed by the order under which it takes effect.

[F91(2A)Where a person is sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977 (sentences partly suspended), subsection (1) above—

(a)operates to reduce the part of the sentence required to be served in prison;

(b)operates to reduce the whole period of the sentence for the purposes of section 47(3) of that Act; but

(c)does not operate to reduce any part of the sentence which is ordered under section 47(1) of that Act to be held in suspense.

(2B)Where—

(a)an offender has been sentenced to imprisonment with an order under section 47(1) of that Act; and

(b)he has been released from prison after serving part of his sentence; and

(c)an order is subsequently made restoring part of his sentence.

the restored part shall for the purposes of this section be treated as a sentence of imprisonment imposed by the order restoring it (but shall not be reduced by any period spent in custody by the offender before the original sentence was passed).]

(3)No period of custody, other than a period which would have been taken into account before the commencement of this Act under section 17(2) of the Criminal Justice Administration Act 1962 (duration of sentence) for the purpose of reducing a term of imprisonment, shall be taken into account for the like purpose under this section unless it falls after the commencement of this Act.

(4)Any reference in this Act or any other enactment (whether passed before or after the commencement of this Act) to the length of any sentence of imprisonment shall, unless the context otherwise requires, be construed as a reference to the sentence pronounced by the court and not the sentence as reduced by this section.

[F92(5)This section applies—

(a)to sentences of detention in a young offender institution; F93. . .

(b)to determinate sentences of detention passed under [F90section 91 of the Powers of Criminal Courts (Sentencing) Act 2000]](sentences for serious indictable offences),

[F94(c)to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;]

as it applies to sentences of imprisonment.

(6)The reference in subsection [F95(1A)] above to an offender being committed to custody by an order of a court includes a reference to his being [F96[F97remanded or]]committed to a remand centre or to prison under [F98section 23 of the Children and Young Persons Act 1969 or] section 37 of the Magistrates’ Courts Act 1980 but does not include a reference to his being [F99remanded or committed to local authority accommodation] under the said section 23 [F100or 37].

[F101(7)A person is in police detention for the purposes of this section—

(a)at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and

(b)at any time when he is detained under [F102section 41 of the Terrorism Act 2000].

(8)No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984.]

Textual Amendments

F88Words in s. 67(1A)(c) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1) s. 100, Sch. 11 para. 2(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F90Words in s. 67(2)(5)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 25(1)(2)(3)

F93Word in s. 67(5) repealed (1.3.1998) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1998/277, art. 3

F94S. 67(5)(c) repealed (1.4.2000) by 1998 c. 37, ss. 119, 120(1), Sch. 8 para. 10(b), Sch. 10; S.I. 1999/3426, art. 3(b),(c)(i) (subject to saving in art. 4(5))

Modifications etc. (not altering text)

C14S. 67 applied (S.) (1.10.1997) by 1997 c. 43, s. 56(1), Sch. 5 para. 9(1)(d); S.I. 1997/2200, art. 2(1)(n)

S. 67 applied (N.I.) (1.10.1997) by 1997 c. 43, s. 56(1), Sch. 5 para. 10(1)(e); S.I. 1997/2200, art. 2(1)(n)

C15S. 67 applied (30.9.1998) by 1997 c. 43, Sch. 1 para. 8(6) (as inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 135(3)(d); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (with arts. 5-8))

S. 67 excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 2(1)(d) (with s. 78); S.I. 2001/2161, art. 2 (subject to art. 3 of the said S.I.)

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103E+W+S

Textual Amendments

69 Extension of enactments relating to persons sentenced to imprisonment or detention to young offenders sentenced to detention.U.K.

(1)In section 38(3) of the M15Criminal Justice Act 1961 (construction of references to imprisonment or detention and sentence) at the end there shall be added the following paragraph—

“(c)any reference to a person serving a sentence of, or sentenced to, imprisonment or detention shall be construed as including a reference to a person who, under any enactment relating to children and young persons in force in any part of the United Kingdom or any of the Channel Islands or the Isle of Man, has been sentenced by a court to be detained for an offence and is liable to be detained in accordance with directions given by the Secretary of State, by the Minister of Home Affairs for Northern Ireland or by the Governor of the Isle of Man with the concurrence of the Secretary of State, and any other reference to a sentence of imprisonment or detention shall be construed accordingly.”

(2)In section 49 of the M16Prison Act 1952 F104. . .and section 38(2) of the M17Prison Act (Northern Ireland) 1953 (persons unlawfully at large) any reference to a person sentenced to imprisonment shall be construed as including a reference to any such person as is mentioned in the foregoing subsection.

Textual Amendments

F104Words in s. 69(2) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 5, Sch. 7 Pt. I

Modifications etc. (not altering text)

C16The text of s. 69(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

70 Prisoner transferred from Scotland to England for security.E+W+S

(1)Where the Secretary of State, in the case of a person serving a sentence of imprisonment,. . . F105 in Scotland, is of the opinion that in the interests of security or of public safety that person ought to be transferred to a prison in England and Wales, he may make an order for his transfer to that prison:

Provided that the Secretary of State may at any time make an order for the transfer of that person back to a prison in Scotland.

(2)A person transferred to England and Wales or transferred back to Scotland under this section shall be treated for all purposes as if he had been transferred to England and Wales or, as the case may be, Scotland under section 26 of the M18Criminal Justice Act 1961.

Textual Amendments

Marginal Citations

71 Exercise of powers of release.E+W

Any power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act 1952 applies or from an approved school may be exercised notwithstanding that he is not for the time being detained in that institution or school and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that institution or school.

72 Power of magistrates to issue warrants for arrest of escaped prisoners and mental patients.U.K.

[F106(1)On an information in writing being laid before a justice of the peace for any area in England and Wales or Northern Ireland and substantiated on oath, or on an application being made to a sheriff, magistrate or justice of the peace in Scotland, alleging that any person is—

(a)an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or

(b)a convicted mental patient liable to be retaken under [F107section 18, 38(7) or 138 of the Mental Health Act 1983], section 36 or 106 of the M19Mental Health (Scotland) Act 1960 or [F108Article 29, 45(6) or 132 of the Mental Health (Northern Ireland) Order 1986] (retaking of mental patients who are absent without leave or have escaped from custody);

the justice, sheriff or magistrate may issue a warrant to arrest him and bring him before a magistrates’ court for that area or, in Scotland, before any sheriff.

(2)Where a person is brought before a magistrates’ court or sheriff in pursuance of a warrant for his arrest under this section, the court or sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.

(3)[F109section 137 of the Mental Health Act 1983], section 105 of the M20Mental Health (Scotland) Act 1960 and [F110Article 131 of the Mental Health (Northern Ireland) Order 1986] (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of [F111the said Act of 1983], 1960 [F112or 1984 or the said Order of 1986] 1960 or 1961, as the case may be, to be so conveyed, kept or detained.

(4)In this section—

  • “convicted mental patient” means a person liable after being convicted of an offence to be detained under [F113Part III of the Mental Health Act 1983], Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [F114(Northern Ireland) Order 1986] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F115or in pursuance of a hospital direction and a limitation direction][F116or a person liable to be detained under][F113section 38 of the said Act of 1983][F117or Article 45 of the Mental Health (Northern Ireland) Order 1986];

  • “place of safety” has the same meaning as in [F113Part III of the said Act of 1983] or 1960 or Part III of the said [F118Order of 1986], as the case may be;

  • “Prison Act” means the M21Prison Act 1952, the M22Prisons (Scotland) Act 1952 or the M23Prison Act (Northern Ireland) 1953, as the case may be.]

(5)Section 27 of the M24Criminal Justice Administration Act 1914 (power to issue warrants for the arrest of persons who may be arrested without a warrant) shall cease to have effect.

Textual Amendments

F108Words substituted by S.I. 1986/596, art. 5(a

F110Words substituted by S.I. 1986/596, art. 5(b)

F112Words substituted by virtue of S.I. 1986/596, art. 5(b)

F114Words substituted by S.I. 1986/596, art. 5(c)

F117Words added by 1986/596, art. 5(c)

F118Words substituted by S.I. 1986/596, art. 5(d)

Modifications etc. (not altering text)

C17S. 72(4) amended (1.10.1997 for specified purposes and otherwiseprosp.) by 1997 c. 43, s. 55(2), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(m)

C18The text of s. 72(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

Parts IV, VE+W+S

73—84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119E+W

Textual Amendments

85—88.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120E+W+S

Textual Amendments

Part VIU.K. Miscellaneous and General

OffencesE+W

89 False written statements tendered in evidence.E+W

(1)If any person in a written statement tendered in evidence in criminal proceedings by virtue of section. . . F121 9 of this Act [F122or in proceedings before a court-martial by virtue of the said section 9 as extended by section 12 above or by section 99A of the M25Army Act 1955 or section 99A of the M26Air Force Act 1955] wilfully makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(2)The M27Perjury Act 1911 shall have effect as if this section were contained in that Act.

Textual Amendments

Modifications etc. (not altering text)

C19S. 89 applied (1.4.1997) by 1957 c. 53, ss. 64A-64D (as inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 63; S.I. 1997/304, art. 2)

Marginal Citations

90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123E+W

Textual Amendments

91 Drunkenness in a public place.E+W

(1)Any person who in any public place is guilty, while drunk, of disorderly behaviour may be arrested without warrant by any person and shall be liable on summary conviction to a fine not exceeding [F124level 3 on the standard scale].

(2)The foregoing subsection shall have effect instead of any corresponding provision contained in section 12 of the M28Licensing Act 1872, section 58 of the M29Metropolitan Police Act 1839, section 37 of the M30City of London Police Act 1839, and section 29 of the M31Town Police Clauses Act 1847 (being enactments which authorise the imposition of a short term of imprisonment or of a fine not exceeding £10 or both for the corresponding offence) and instead of any corresponding provision contained in any local Act.

(3)The Secretary of State may by order repeal any provision of a local Act which appears to him to be a provision corresponding to subsection (1) of this section or to impose a liability to imprisonment for an offence of drunkenness or of being incapable while drunk.

(4)In this section “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

Increase of Fines, etc.U.K.

92 Increase of fines.U.K.

(1)The enactments specified in column 1 of Part I of Schedule 3 to this Act, (being enactments creating the offences broadly described in column 2 of that Part of that Schedule) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that enactment were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine of, or not exceeding, the amount specified in column 3 of that Schedule.

(2)The enactments specified in column 1 of Part II of the said Schedule 3 (being enactments which confer power to include in subordinate instruments a provision imposing a fine on summary conviction of any offence described in column 2 of that Part of that Schedule) shall each have effect as if the maximum amount of the fine which may be imposed by any provision contained in such an instrument and made under that enactment for any offence under the instrument were that specified in column 4 of that Schedule instead of that specified in column 3 of that Schedule.

(3)Any subordinate provision in force immediately before the commencement of this Act under an enactment specified in the said Part II shall, if it provides that the maximum amount of the fine which may be imposed on summary conviction of an offence specified in the provision shall be the amount specified in column 3 of the said Part II, have effect as if the said maximum amount were the amount specified in column 4 of the said Part II.

(4)The last foregoing subsection shall have effect subject to any subordinate provision made under any enactment specified in the said Part II after the commencement of this Act.

(5)The foregoing provisions of this section shall not affect the power of a court to impose a penalty for a continuing offence under any enactment specified in Part I of the said Schedule 3 or any subordinate provision made under an enactment specified in Part II of that Schedule except where such a penalty is expressly mentioned in column 3 of that Schedule; nor shall they affect the power of a court to award imprisonment under any such enactment or provision.

(6)In this section “subordinate provision” means a provision contained in an instrument made under an enactment.

(7)Part III of the said Schedule 3 shall have effect for the purpose of amending section 24 of the M32Public Health (Scotland) Act 1897.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

(9)Nothing in this section shall affect the amount of the fine which may be imposed on conviction of an offence committed before the commencement of this Act.

Textual Amendments

Marginal Citations

93 Alteration of maximum periods of imprisonment in default of payment of fines, etc. E+W+S

(1)For the Table in paragraph 1 of Schedule 3 to the Magistrates’Courts Act 1952 (maximum periods of imprisonment in default of payment of fines,etc.) there shall be substituted the following Table:—

TABLE
An amount not exceeding £2seven days
An amount exceeding £2 but not exceeding £5fourteen days
An amount exceeding £5 but not exceeding£20thirty days
An amount exceeding £20 but not exceeding £50sixty days
An amount not exceeding £50ninety days

(2)In paragraph 3 of the said Schedule 3 (maximum periods of imprisonment in default of payment of sums due on summary conviction of a revenue offence) for the references to £20 and £50 there shall be substituted £50 and £100 respectively and for the reference to three months there shall be substituted a reference to ninety days.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F127

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

Textual Amendments

Modifications etc. (not altering text)

C21The text of s. 93(1)–(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

FeesE+W

94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129E+W

Textual Amendments

Administration of probation and after-care servicesE+W

95 Probation and after-care areas and committees.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131

(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132

Textual Amendments

96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133E+W

Textual Amendments

97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134E+W

Textual Amendments

98 Amendment of enactments relating to criminal appeals.E+W

(1)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

(6)The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments shown in that Schedule (being minor amendments to remove doubts and anomalies, and otherwise to facilitate the consolidation of the enactments relating to criminal appeals in England and Wales, the corresponding enactments applying to Northern Ireland and the enactments relating to appeals from courts-martial).

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

Textual Amendments

Modifications etc. (not altering text)

C22The text of s. 98(6) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137E+W

Textual Amendments

MiscellaneousU.K.

100 Regulations, rules and orders.E+W+S

(1)Any power conferred by this Act on a Minister of the Crown to make regulations, rules or orders other than orders under section 70(1) of this Act shall be exercisable by statutory instrument.

(2)Any regulations or rules under this Act,. . . F138, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F139(2A)An order shall not be made under section 60(1A) of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.]

(3)Any order made under any provision of this Act by statutory instrument may be varied or revoked by a subsequent order made under that provision.

Textual Amendments

101 Expenses.E+W

There shall be defrayed out of moneys provided by Parliament—

(a)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

Textual Amendments

102 Transitional provisions and savings.E+W+S

Schedule 5 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

103 Minor and consequential amendments and repeals. U.K.

(1)The enactments specified in Schedule 6 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2)The enactments specified in Schedule 7 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C23The text of s. 103(1)(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

104 General provisions as to interpretation.U.K.

(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—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

  • “court” does not include a court-martial;

  • F142. . .

  • [F143“extended sentence certificate” means a certificate issued under section 28 of the M33Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section];

  • F142. . .

  • F142. . .

  • F142. . .

  • “prison rules” means rules under section 47 of the M34Prison Act 1952;

  • “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;

  • [F144“suspended sentence” means a sentence to which an order under section 118(1) of the Powers of Criminal Courts (Sentencing) Act 2000 relates.]

(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 be treated as a single term. [F145if—

(a)the sentences were passed on the same occasion; or

(b)where they were passed on different occasions, the person has not been released under Part II of the M35Criminal Justice Act 1991 at any time during the period beginning with the first and ending with the last of those occasions.]

(3)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)Any reference in this Act to an offence punishable with imprisonment 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.

(5)Any reference in 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.

Textual Amendments

F141Definition “the clerk of the court” repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F142S. 104(1): definitions of “explosive”, “firearm”, “imitation firearm” and “offensive weapon” repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group 1

F143S. 104(1): definition of “extended sentence certificate” substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 26(1)

F144S. 104(1): definition of “suspended sentence” substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 26(2)

F145Words in s. 104(2) inserted (30.9.1998 with application as mentioned in Sch. 9 para. 15) by 1998 c. 37, s. 119, Sch. 8 para. 11; S.I. 1998/2327, art. 2

Marginal Citations

105 Northern Ireland.E+W+N.I.

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F146

(3)Any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.

Textual Amendments

106 Short title, extent and commencement.U.K.

(1)This Act may be cited as the Criminal Justice Act 1967.

(2)The following provisions of this Act shall extend to Scotland, that is to say—

(a)so much of this Act as relates to courts-martial and appeals therefrom;

(b)[F147section 102] and paragraphs 7, 10 to 12 and 14 of Schedule 5;

(c)Part III (except sections 63, 65, 66, 67 and 71) and Schedule 2;

(d)Part V;

(e)section 92 and Schedule 3 so far as they amend any enactment which extends to Scotland;

[F148(ee)section 100;]

(f)so much of section 103(1) and Schedule 6 as amends. . . F149. . . F150, the M36Criminal Justice Act 1961 and the M37Criminal Justice (Scotland) Act 1963; and

(g)Part II of Schedule 7 and so much of section 103(2) as relates thereto;

but except as provided by this subsection and except so far as it relates to the interpretation or commencement of the said provisions this Act shall not extend to Scotland.

(3)The following provisions of this Act shall extend to Northern Ireland, that is to say—

(a)so much of this Act as relates to courts-martial and appeals therefrom;

(b)sections. . . F151 69 and 72;

(c)so much of section 92 and Parts I and II of Schedule 3 as is extended to Northern Ireland by Part IV of that Schedule;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F152

(e)so much of section 103(1) and Schedule 6 as amends. . . F150 the M38Criminal Justice Act 1961;

(f)section 105; and

(g)Part III of Schedule 7 and so much of section 103(2) as relates thereto;

but except as provided by this subsection and except so far as it relates to the interpretation or commencement of the said provisions this Act shall not extend to Northern Ireland.

(4)Sections 69(1) and 92 of, and Schedule 3 to, this Act, so far as they amend any enactment which extends to the Channel Islands or the Isle of Man, shall extend to the Channel Islands or the Isle of Man, as the case may be.

(5)This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different purposes of this Act, and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the day so appointed for the coming into force of that provision, and any such reference to the commencement of a provision of this Act shall be construed as a reference to the day appointed for the coming into force of the provision referred to.

(6)Without prejudice to Schedule 5 to this Act, any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

Textual Amendments

F147Words in s. 106(2)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 27

Marginal Citations