Criminal Justice Act 1967

Part I U.K. Criminal Procedure, etc.

Committal proceedings E+W

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

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

Textual Amendments

F1 Ss. 1–6, 19, 24, 26, 28–30, 44, 44A,45, 56(4), 94, repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F2 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 7 repealed (4.7.1996 with effect as mentioned in Sch. 2 para. 7 of the amending Act) by 1996 c. 25, ss. 68, 80, Sch. 2 paras. 6(2), 7, Sch. 5 para. 11 (with s. 78(1));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 trial U.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 [F3 eighteen], 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 [F4 by 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 [F5 or 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 [F6 or by first class post] addressed to the secretary or clerk of that body at that office[F7 ;

and in paragraph (d) of this subsection references to the secretary, in relation to a limited liability partnership, are to any designated member of the limited liability partnership.]

Extent Information

E1 This version of this provision extends to England, Wales and Northern Ireland only; a separate version has been created for Scotland only

Textual Amendments

F3 Word 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

F4 Words substituted for s. 9(5)(a)(b) by Courts Act 1971 (c. 23), Sch. 8 para. 49

F5 Words 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

F6 Words 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

F7 Words in s. 9(8) inserted (E.W.S) (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 4

Modifications etc. (not altering text)

C1 S. 9 excluded by Medicines Act 1968 (c. 67), Sch. 3 para. 26; extended with modifications by Army Act 1955 (c. 18), s. 99A and Air Force Act 1955 (c. 19), s. 99A

C2 S. 9 extended with modifications by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 5(3)

C3 S. 9 excluded by S.I. 1985/273, reg. 3, Sch. 2 Pt. VI, para. 12

C4 S. 9 modified by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), ss. 79(4), 99(2)(3)(4)

C5 S. 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

C6 S. 9 applied (with modifications) (1.4.1997) by S.I. 1997/173, reg. 2, Sch.

C7 S. 9 applied (1.1.2004) by Extradition Act 2003 (c. 41), s. 205(1)(2)(a), 221; S.I. 2003/3103, art. 2 (with arts. 3 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

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 [F59 by any of the following sitting alone—

(a) a puisne judge of the High Court;

(b) a Circuit judge;

(c) a District Judge (Magistrates' Courts);

(d) a Recorder].

(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 [F60 or 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 [F61 or by first class post] addressed to the secretary or clerk of that body at that office[F62 ;

and in paragraph (d) of this subsection references to the secretary, in relation to a limited liability partnership, are to any designated member of the limited liability partnership.]

Extent Information

E2 This version extends to Scotland only; a separate version has been created for England, Wales and Northern Ireland only

Textual Amendments

F59 Words in s. 9(5) substituted (1.4.2005) by Courts Act 2003 (c. 39), Sch. 4, para. 1; S.I. 2005/910, art. 3(u).

F60 Words 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

F61 Words 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

F62 Words in s. 9(8) inserted (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 9, Sch. 5 para. 4

Modifications etc. (not altering text)

C7 S. 9 applied (1.1.2004) by Extradition Act 2003 (c. 41), s. 205(1)(2)(a), 221; S.I. 2003/3103, art. 2 (with arts. 3 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

C13 S. 9 excluded by Medicines Act 1968 (c. 67), Sch. 3 para. 26; extended with modifications by Army Act 1955 (c. 18), s. 99A and Air Force Act 1955 (c. 19), s. 99A

C14 S. 9 extended with modifications by Isle of Man Act 1979 (c. 58, SIF 29:4), s. 5(3)

C15 S. 9 excluded by S.I. 1985/273, reg. 3, Sch. 2 Pt. VI, para. 12

C16 S. 9 modified by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), ss. 79(4), 99(2)(3)(4)

C17 S. 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

C18 S. 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;

(e) if made at any stage before the trial by a defendant who is an individual, must be approved by his counsel or solicitor (whether at the time it was made or subsequently) before or at the proceedings in question.

(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)

C8 S. 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

C9 S. 10 applied (with modifications) (1.1.2004) by Extradition Act 2003 (c. 41), s. 205(1)(2)(b)(3), 221; S.I. 2003/3103, art. 2 (with arts. 3 4) (as amended (18.12.2003) by S.I. 2003/3312, art. 2)

[F8 11 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 [F9 section 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 [F10 or 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 [F11 or, where a notice of transfer has been given under [F12 a relevant transfer provision ] , of the giving of that notice ] .

• [F13 “ 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 M1 Bank Holidays Act 1871 in England and Wales or a day appointed for public thanksgiving or mourning shall be disregarded.]

Textual Amendments

F8 S. 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

F9 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 64

F10 Words 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

F11 Words added by Criminal Justice Act 1987 (c. 38, SIF 39:1), s. 15, Sch. 2 para. 2

F12 Words 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

F13 Definition 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)

C10 S. 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

C11 S. 11 applied (with modifications) (1.4.1997) by S.I. 1997/173, art. 2

Marginal Citations

M1 1871 c. 17.

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

Without prejudice to section 99(1) of the M2 Army Act 1955 or of the M3 Air Force Act 1955 [F14 , 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 F15 . . . for the procedure of, and otherwise for the trial of offences by, courts-martial, [F16 sections 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

F14 Words 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)

F15 Words in s. 12 repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. I; S.I. 1997/304, art. 2

F16 Words 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)

C12 S. 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

M2 1955 c. 18.

M3 1955 c. 19.

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W

Textual Amendments

F17 S. 13 repealed by Juries Act 1974 (c. 23), Sch. 3

14—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W

Textual Amendments

F18 Ss. 14–16 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I

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 [F19 any further steps being taken in the proceedings], and the verdict shall have the same effect as if the defendant had been tried and acquitted on the verdict of a jury [F20 or a court].

Textual Amendments

F19 Words in s. 17 substituted (24.7.2006 for E.W., 8.1.2007 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 42(a); S.I. 2006/1835, art. 2(h); S.I. 2006/3422, art. 2(c)(i)

F20 Words in s. 17 inserted (24.7.2006 for E.W., 8.1.2007 in so far as not already in force) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 36 para. 42(b); S.I. 2006/1835, art. 2(h); S.I. 2006/3422, art. 2(c)(i)

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W

Textual Amendments

F21 Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(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

F22 Ss. 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 [F23 Crown Court] under section 5 of the M4 Vagrancy Act 1824 (incorrigible rogues). . . F24 , the court may instead of committing him in custody commit him on bail.

Textual Amendments

F23 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 48(b)

F24 Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

Marginal Citations

M4 1824 c. 83.

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W

Textual Amendments

F25 Ss. 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

[F26 (1) Where

[F27 (a)] [F28 a magistrates’ court] withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, [F29 and

(b) it does so where an application to the court to state a case for the opinion of the High Court is made,]

the High Court may F30 ... 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 [F28 magistrates’ court] could have directed and the recognizance of any surety shall be conditioned accordingly.]

(3) Subsections. . . F31 (4) and (6) of section 37 of the M5 Criminal Justice Act 1948 (ancillary provisions as to persons [F32 granted] 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 [F32 granted] bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons [F32 granted] bail in pursuance of those powers. F33 ...

(4) In this section . . . F34 [F35 . . . F36 “bail in criminal proceedings” and “vary” shall have the same meanings as they have in the M6 Bail 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 M7 Criminal 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

F26 S. 22(1)(2) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(2)

F27 Reference in s. 22(1) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 17(1)(a), 336(3), 336(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)

F28 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F29 S. 22(1)(b) and preceding word inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 17(1)(b), 336(3), 336(4) (with s. 141); S.I. 2004/829, art. 2(1)(2)(b)

F30 Words in s. 22(1) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 2; S.I. 2004/829, art. 2(1)(2)(l)(ii)

F31 Reference to Criminal Justice Act 1948 (c. 58), s. 37(3), repealed by Bail Act 1976 (c. 63), Sch. 3

F32 Word substituted by Bail Act 1976 (c. 63), Sch. 2 para. 37(3)

F33 Words in s. 22(3) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 2; S.I. 2004/829, art. 2(1)(2)(l)(ii)

F34 Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13

F35 Word repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Criminal Law Act 1977 (c. 45), Sch. 13

F36 Words added by Bail Act 1976 (c. 63), Sch. 2 para. 37(4)

Marginal Citations

M5 1948 c. 58.

M6 1976 c. 63.

M7 1948 c. 58.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 E+W

Textual Amendments

F37 Ss. 18, 21, 23 repealed by Bail Act 1976 (c. 63), Sch. 3

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38 E+W

Textual Amendments

F38 Ss. 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 M8 Obscene 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

M8 1959 c. 66.

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 E+W

Textual Amendments

F39 Ss. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40 E+W

Textual Amendments

F40 S. 27 repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

28—30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41 E+W

Textual Amendments

F41 Ss. 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(3)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

F42 S. 31(1)(2) repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F43 Ss. 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(2) [F45 . . . F46 section 33 of the M9 Courts 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). . . F47 shall 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 [F48 it applies] in relation to a person called to give evidence at the instance of the court,. . . F47 .

(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 [F49 make an order under [F50 paragraph 5 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000](probation orders requiring treatment for mental condition) or[F49 include in a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) a mental health requirement under section 207 of that Act or make an order under]] section 60 of the M10 Mental 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 [F51 section 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

Textual Amendments

F44 Ss. 31(3)–(6), 32(1) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. III

F45 Words substituted by Courts Act 1971 (c. 23), Sch. 6 para. 9

F46 Words repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F47 Words repealed (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5)(6), Sch. 1 Pt. II para. 6(a), Sch. 2

F48 Words substituted (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 6(b)

F49 Words in s. 32(3)(a) substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 32 para. 5; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(5) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F50 Words in s. 32(3)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 24(a)

F51 Words in s. 32(3)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 24(b)

F52 S. 32(4) repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21, Sch. 2

F53 S. 32(5) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

Marginal Citations

M9 1968 c. 20.

M10 1959 c. 72.

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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54 in section 39 of the M11 Criminal 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

F54 Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

Marginal Citations

M11 1948 c. 58.

F55 34 Committal of persons under twenty-one accused of extradition crimes, etc. E+W

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

Textual Amendments

F55 S. 34 repealed (1.1.2004) by Extradition Act 2003 (c. 41), s. 221, Sch. 3 para. 3, Sch. 4; S.I. 2003/3103, art. 2 (with arts. 3-5) (as amended (11.12.2003) by S.I. 2003/3258, art. 2 and (18.12.2003) by S.I. 2003/3312, art. 2)

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 E+W

Textual Amendments

F56 S. 35 repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

36 Interpretation of Part I. E+W

(1) In this Part of this Act—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

• “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 [F58 the Magistrates’ Courts Act 1980] have the same meanings in any such provision as they have in that Act.

Textual Amendments

F57 Definitions repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F58 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 66