Criminal Justice Act 1972

Part I E+W Powers for Dealing With Offenders

1—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 1–5, 7–22 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Restitution orders E+W

6 Restitution orders. E+W

(1) The following provisions of this section shall have effect with respect to section 28 of the M1 Theft Act 1968 (which enables orders for restitution and certain other orders to be made in relation to stolen property).

(2) The powers conferred by—

(a) subsection (1)(c) of the said section 28 (payment to owner of stolen goods out of money taken from the offender on his apprehension); and

(b) subsection (3) of that section (payment to purchaser of, and lender on the security of, stolen goods out of money so taken),

shall be exercisable without any application being made in that behalf or on the application of any person appearing to the court to be interested in the property concerned.

(3) The powers conferred by the said section 28 shall be exercisable not only where a person is convicted of an offence with reference to the theft of the goods in question but also where, on the conviction of a person of any other offence, the court takes an offence with reference to the theft of those goods into consideration in determining sentence.

(4) Where an order is made under the said section 28 against any person in respect of an offence taken into consideration in determining his sentence—

(a) the order shall cease to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;

(b) he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.

(5) Any order under the said section 28 made by a magistrates’ court shall be suspended—

(a) in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a magistrates’ court;

(b) where notice of appeal is given within the period so prescribed, until the determination of the appeal;

but this subsection shall not apply where the order is made under section 28(1)(a) or (b) and the court so directs, being of the opinion that the title to the goods to be restored or, as the case may be, delivered or transferred under the order is not in dispute.

Marginal Citations

M1 1968 c. 60.

7—21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 Ss. 1–5, 7–22 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Other powers E+W

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 Ss. 1–5, 7–22 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

23

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(5)(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F4 S. 23(1)–(4) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6 and Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

F5 S. 23(5)(6) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

24 Driving disqualification where vehicle used for purposes of crime. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A court which makes an order under this section disqualifying a person for holding or obtaining any such licence as is mentioned in [F8 subsection (2)] of this section shall require him to produce any such licence held by him [F9 together with its counterpart]; and—

(a) if he does not produce the licence [F10 and its counterpart] as required he shall be guilty of an offence under [F11 section 27(3) of the Road Traffic Offenders Act 1988] (failure to produce licence for endorsement); and

(b) if he applies under [F12 section 42] of that Act for the disqualification to be removed and the court so orders, [F12 subsection (5)] of that section shall not have effect so as to require particulars of the order to be endorsed on [F13 the counterpart of] the licence, but the court shall send notice of the order to the Secretary of State and [F12 section 47(4) of that Act](procedure) shall apply to the notice.

[F14 (4) References in this section to facilitating the commission of an offence include references to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.]

Textual Amendments

F6 S. 24(1) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F7 S. 24(2) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8 (with s. 79(1)); S.I. 1992/1286, art. 2, Sch.Sch., Appendix.

F8 Words substituted by Power of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 46

F9 Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

F10 Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

F11 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 10(a)

F12 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 10(b)

F13 Words inserted by S.I. 1990/144, reg. 2(4), Sch. 4 (by art. 3 of the S.I. it is provided that the amendment shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991))

F14 S. 24(4) substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 48

Part II E+W

25—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 Ss. 25–27 repealed by Juries Act 1974 (c. 23), Sch. 3

Part III E+W+S Miscellaneous Provisions

28 Punishment for firearms offences. E+W+S

(1) The fourth column in Part I of Schedule 6 to the M2 Firearms Act 1968 (which prescribes the maximum punishment by way of fines or imprisonment for offences under that Act) shall be amended as follows.

(2) In the entries prescribing the punishment for offences under section 16 (possession of firearm with intent to endanger life) and section 17(1) (use of firearms to resist arrest) for the words “14 years” there shall be substituted the words “life imprisonment”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(4) In the entry prescribing the punishment for an offence under section 3(5) (falsifying certificate etc. with view to acquisition of firearm), where the offender has been convicted on indictment, for the words “a fine of £200” there shall be substituted the words “a fine”.

(5) In the entries prescribing the punishment for offences under the Act where the offender has been convicted summarily—

(a) for “£20” there shall be substituted “£50” ;

(b) for “£50” there shall be substituted “£100” ;

(c) for “£100” there shall be substituted “£200” ; and

(d) for “£200” there shall be substituted “£400”.

(6) In relation to offences under sections 16, 17(1), 17(2) and 18(1) of the said Act of 1968 a court in Scotland shall have the like power as a court in England or Wales to impose both a sentence of imprisonment and a fine.

Textual Amendments

F16 S. 28(3) repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

Modifications etc. (not altering text)

C1 The text of s. 28(1)(2)(4)(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.

C2 The “said Act of 1968” means Firearms Act 1968 (c. 27)

Marginal Citations

M2 1968 c. 27.

29 Possession of firearms by persons convicted of crime in Northern Ireland. E+W+S

In section 21 of the M3 Firearms Act 1968 (possession of firearms and ammunition by persons previously convicted of crime) the following subsection shall be inserted after subsection (3)—

“(3A) Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment”;

and in subsection (6) of that section (application to court for removal of prohibition) for the words “or (3)” there shall be substituted the words “(3) or (3A)”.

Modifications etc. (not altering text)

C3 The text of s. 29 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

M3 1968 c. 27.

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W+S

Textual Amendments

F17 S. 30 repealed (E.W.) by Protection from Eviction Act 1977 (c. 43), Sch. 3; (S.) by Rent (Scotland) Act 1984 (c. 58, SIF 75:4), s. 117(3), Sch. 9, para. 6, Sch. 10

31 Punishment for certain offences of Sunday trading. E+W+S

In section 59(1), 64 and 67(5) of the M4 Shops Act 1050 (which impose penalties for certain offences of trading or carrying on business on Sunday) for the words “five pounds” and “two pounds” (wherever occurring) there shall be substituted the words “£50”; and for the words “twenty pounds” (wherever occurring) there shall be substituted the words “£200”.

Modifications etc. (not altering text)

C4 The text of s. 31 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

M4 1950 c. 28.

[F18 32 Punishment for use of premises in breach of closing order. E+W

In section 2791) of the M5 Housing Act 1957 (which prescribes the maximum punishment for the use of premises in breach of a closing order) for the words “twenty pounds” there shall be substituted the words “£100”; and for the words “five pounds” there shall in relation to any day after the coming into force of this section be substituted the words “£20”]

Textual Amendments

F18 S. 32 repealed (E.W.) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

Modifications etc. (not altering text)

C5 The text of s. 32 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.

Marginal Citations

M5 1957 c. 56.

33 Extension of definition of “public place” in Public Order Act 1936. E+W+S

For the definition of “public place” in section 9(1) of the M6 Public Order Act 1936 there shall be substituted—

“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 ”.

Modifications etc. (not altering text)

C6 The text of s. 33 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

M6 1936 c. 6 (1 Edw. 8 & 1 Geo. 6.).

34 Power of constable to take drunken offender to treatment centre. E+W

(1) [F19 On arresting an offender for an offence under—

(a) section 12 of the Licensing M7 Act 1872; or

(b) section 91(1) of the Criminal Justice Act M8 1967,

a] constable may, if he thinks fit, take him to any place approved for the purposes of this section by the Secretary of State as a . . . F20 treatment centre for alcoholics, and while a person is being so taken he shall be deemed to be in lawful custody.

(2) A person shall not by virtue of this section be liable to be detained in any such centre as aforesaid to which he has been taken, but the exercise in his case of the power conferred by this section shall not preclude his being charged with any offence.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F19 Words and paras. (a) and (b) substituted for words by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 para. 21

F20 Word repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F21 S. 34(3) repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, (2), Sch. 7

Marginal Citations

M7 1872 c.94(68A).

M8 1967 c.80(39:1).

F22 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F22 S. 35 repealed (S.) by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3 and (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2.

36 Reference to Court of Appeal of point of law following acquittal on indictment. E+W

(1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Attorney General may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the court, and the court shall, in accordance with this section, consider the point and give their opinion on it.

(2) For the purpose of their consideration of a point referred to them under this section the Court of Appeal shall hear argument—

(a) by, or by counsel on behalf of, the Attorney General; and

(b) if the acquitted person desires to present any argument to the court, by counsel on his behalf or, with the leave of the court, by the acquitted person himself.

(3) Where the Court of Appeal have given their opinion on a point referred to them under this section, the court may, of their own motion or in pursuance of an application in that behalf, refer the point to the House of Lords if it appears to the court that the point ought to be considered by that House.

(4) If a point is referred to the House of Lords under subsection (3) of this section, the House shall consider the point and give their opinion on it accordingly; and section 35(1) of the M9 Criminal Appeal Act 1968 (composition of House for appeals) shall apply also in relation to any proceedings of the House under this section.

(5) Where, in a point being referred to the Court of Appeal under this section or further referred to the House of Lords, the acquitted person appears by counsel for the purpose of presenting any argument to the court or the House, he shall be entitled to his costs, that is to say to the payment out of central funds of such sums as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference or further reference; and any amount recoverable under this subsection shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, such officer as may be prescribed by order of the House of Lords.

[F23 (5A) Section 20(1) of the Prosecution of Offences Act 1985 (regulations as to scales and rates of payment of costs payable out of central funds) shall apply in relation to this section as it applies in relation to Part II of that Act.]

(6) Subject to rules of court made under section 1(5) of the M10 Criminal Appeal Act 1966 (power by rules to distribute business of Court of Appeal between its civil and criminal divisions), the jurisdiction of the Court of Appeal under this section shall be exercised by the criminal division of the court; and references in this section to the Court of Appeal shall be construed accordingly as references to that division of the court.

(7) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.

Textual Amendments

F23 S. 36(5A) inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(5), Sch. 1 Pt. II para. 8

Marginal Citations

M9 1968 c. 19.

M10 1966 c. 31.

37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W

Textual Amendments

F24 S. 37 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W

Textual Amendments

F25 S. 38 repealed by Legal Aid Act 1974 (c. 4), Sch. 5 Pt. I

39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W

Textual Amendments

F26 S. 39 repealed by Costs in Criminal Cases Act 1973 (c. 14), Sch. 2

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

Textual Amendments

F27 S. 40 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W

Textual Amendments

F28 S. 41 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 E+W

Textual Amendments

F29 S. 42 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W

Textual Amendments

F30 S. 43 repealed by Bail Act 1976 (c. 63), Sch. 3

44, 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W

Textual Amendments

F31 Ss. 44, 45 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

46 Admissibility of written statements made outside England and Wales. E+W

(1) [F32 F33 . . . section 9 of the Criminal Justice Act 1967 (F33 . . . written statements to be used as evidence in F33 . . . criminal proceedings) F33 . . . and section 89 of the said Act of 1967 (F33 . . . false statements which are tendered in evidence under the said section F33 . . . 9 F33 . . .)] shall apply to written statements made in Scotland or Northern Ireland as well as to written statements made in England and Wales.

[F34 (1A) The following provisions, namely—

(a) so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them,

(b) section 5B of that Act, and

(c) section 106 of that Act,

shall apply where written statements are made in Scotland or Northern Ireland as well as where written statements are made in England and Wales.

(1B) The following provisions, namely—

(a) so much of section 5A of the Magistrates’ Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them, and

(b) section 5B of that Act,

shall (subject to subsection (1C) below) apply where written statements are made outside the United Kingdom.

(1C) Where written statements are made outside the United Kingdom—

(a) section 5B of the Magistrates’ Courts Act 1980 shall apply with the omission of subsections (2)(b) and (3A);

(b) paragraph 1 of Schedule 2 to the Criminal Procedure and Investigations Act 1996 (use of written statements at trial) shall not apply.]

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

Textual Amendments

F32 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 114(a)

F33 Words in s. 46(1) repealed (4.7.1996 but with effect (8.3.1997) as mentioned in s. 65, Sch. 1 Pt. III, para. 39) by 1996 c. 25, ss. 47, 80, Sch. 1 Pt. II, para. 22(2), Sch. 5 para. 10 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F34 S. 46(1A)-(1C) inserted (4.7.1996 but with effect (8.3.1997) as mentioned in s. 65, Sch. 1 Pt. III para. 39) by 1996 c. 25, s. 47, Sch. 1 Pt. II, para. 22(3) (with s. 78(1)); S.I. 1997/683, art. 1(2)

47 Summary trial of certain offences of arson. E+W

In Schedule 1 to the M11 Magistrates’ Courts Act 1952 (indictable offences triable summarily with the consent of the accused when adult), for paragraph 2 there shall be substituted the following paragraph, in lieu of that substituted by section 7(1) of the Criminal Damage Act 1971 :—

“2 Offences under section 1(1) or section 1(1) and (3) of the Criminal Damage Act 1971 or under section 2 or 3 of that Act.”

Modifications etc. (not altering text)

C7 The text of s. 47 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

M11 1952 c. 55.

48 Proceedings under Indecency with Children Act 1960. E+W

Section 8 of the M12 Sexual Offences Act 1967 (which provides that no proceedings shall be instituted except by or with the consent of the Director of Public Prosecutions against any man for gross indecency or certain other offences where any person involved is under twenty-one) shall not apply to proceedings under the M13 Indecency with Children Act 1960.

Marginal Citations

M12 1967 c. 60.

M13 1960 c. 33.

Prospective

49 Community service order in lieu of warrant of commitment for failure to pay fine etc. E+W

(1) In any case in which a magistrates’ court has power under [F35 Part III of the Magistrates’ Courts Act 1980] to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction of a magistrates’ court, the court may, subject to subsection (2) of this section, make a community service order in respect of the person in default instead of issuing a warrant of commitment.

(2) [F36 In this section “community service order” has the same meaning as in the M14 Powers of Criminal Courts Act 1973 and section 14(2) of that Act and, so far as applicable, the other provisions of that Act] relating to community service orders shall have effect in relation to an order under this section as they have effect in relation to an order in respect of an offender except that—

(a) so much of [F36 subsection (3) of section 16] as enables a court to impose a fine not exceeding £50 for a failure to comply with any such requirement as is there mentioned shall not apply; and

(b) the power conferred by paragraph (a) of that subsection and by [F36 section 17(2)(a) of that Act] to deal with an offender for the offence in respect of which the order was made shall be construed as a power to deal with the person in respect of whom the order was made for his default in paying the sum in question.

(3) Where a community service order has been made under this section for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect;

(b) on payment of a part of the said sum as aforesaid, the total number of hours for which the person in respect of whom the order was made is required to work under the order shall be reduced proportionately, that is to say by such number of complete hours as bears to the said total number the proportion most nearly approximating to, without exceeding, the proportion which the part paid bears to the said sum.

(4) [F37 Section 32(1) of the M15 Powers of Criminal Courts Act 1973] (under which a fine imposed by the Crown Court is treated for the purpose of enforcement as having been imposed on conviction by a magistrates’ court) shall not apply for the purposes of this section.

Textual Amendments

F35 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 115

F36 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 47(a)

F37 Words substituted by Powers of Criminal Courts Act 1973 (c. 62), Sch. 5 para. 47(b)

Marginal Citations

M14 1973 c. 62.

M15 1973 c. 62.

50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38 E+W

Textual Amendments

F38 S. 50 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

51 Execution of process between England and Wales and Scotland. E+W+S

[F39 (1) Where in any proceedings brought, or proposed to be brought, in respect of any person in pursuance of section 1 of the M16 Children and Young Persons Act 1969 (care proceedings in [F40 youth court]) it is, or is to be, alleged that the condition set out in subsection (2)(f) of that section is satisfied (guilty of an offence), any warrant issued under section 2(4) of that Act for the purpose of securing the attendance of that person before the court in which the proceedings are brought or proposed to be brought may, if it is endorsed with a statement that such an allegation as aforesaid is, or is to be, made in the proceedings, be executed in Scotland by any constable appointed for a police area in like manner as a warrant issued in Scotland for the arrest of a person charged with an offence.]

(2) Where a warrant is issued for the apprehension of a child in pursuance of Part III of the M17 Social Work (Scotland) Act 1968, that warrant may be executed in England and Wales in like manner as a warrant issued in Scotland for the apprehension of a person charged with an offence, and [F41 sections 17(1) and 325(1) of the M18 Criminal Procedure (Scotland) Act 1975] shall apply accordingly.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

(4) Section 4 of the said Act of 1881 shall have effect in relation to the service and execution in Scotland of process issued in England and Wales by a justices’ clerk [F43 by virtue of section 45(1) of the Justices of the Peace Act 1997, as it has] effect in relation to process issued in England and Wales by a court of summary jurisdiction as defined in the said Act of 1881.

Textual Amendments

F39 S. 51(1) repealed (14.10.1991) (E.W.) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15; S.I. 1991/828, art. 3(2).

F40 Words in s. 51(1) substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(h); S.I. 1992/333, art. 2(2), Sch. 2.

F41 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 49

F42 Ss. 51(3), 52–57 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F43 Words in s. 51(4) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 12 (with Sch. 4 para. 27)

Marginal Citations

M16 1969 c. 54.

M17 1968 c. 49.

M18 1975 c. 21.

Part IV E+W Administrative Provisions

52—57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 E+W

Textual Amendments

F44 Ss. 51(3), 52–57 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

58 Amendment of Police (Property) Act 1897. E+W

In section 1(1) of the M19 Police (Property) Act 1897 (which makes provision for the disposal of property which has come into the possession of the police in connection with any criminal charge) for the words “with any criminal charge” there shall be substituted the words “with their investigation of a suspected offence”.

Modifications etc. (not altering text)

C8 The text of s. 58 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

M19 1897 c. 30.

59 Abolition of duty to re-convey certain prisons to local authorities. E+W

Section 38 of the M20 Prison Act 1952 (which gives local authorities the right to buy back at a fixed price prisons taken over under the M21 Prison Act 1877 if they are subsequently closed) shall not apply where any prison is closed after the coming into force of this section unless the Secretary of State has before 10th November 1971 informed the appropriate authority of his intention to close it after that date.

Marginal Citations

M20 1952 c. 52.

M21 1877 c. 21.

60 Power of entry in connection with acquisition of land for prisons. E+W

(1) Any person authorised in writing by the Secretary of State may enter any land and survey it for the purpose of enabling the Secretary of State to determine whether to exercise his powers under section 36 of the M22 Prison Act 1952 (acquisition of land for prisons) in respect of that land.

(2) The power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil.

(3) A person authorised under this section to enter any land shall, if so required, produce evidence of his authority before entering, and shall not—

(a) demand admission as of right to any land which is occupied unless fourteen days’ notice of the intended entry has been given to the occupier; or

(b) Carry out any works authorised by subsection (2) of this section unless notice of his intention to do so is included in the notice required by the foregoing paragraph.

(4) Where any land is damaged in the exercise of powers conferred by this section, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State.

(5) Any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal; and, in relation to the determination of any such question, the provisions of sections 2 and 4 of the M23 Land Compensation Act 1961 shall apply subject to any necessary modifications.

(6) Any person who wilfully obstructs a person acting in the exercise of his powers under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F45 level 3 on the standard scale].

Textual Amendments

F45 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Marginal Citations

M22 1952 c. 52.

M23 1961 c. 33.

61, 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W

Textual Amendments

F46 Ss. 61, 62 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 3

Part V U.K. Supplementary

63 †Powers of Parliament of Northern Ireland. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48 Her Majesty may by Order in Council make provision in relation to Northern Ireland for corresponding purposes; and any Order under this section may be varied or revoked by a further Order.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

F47 S. 63(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F48 Words repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

F49 S. 63(3) repealed by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), Sch. 5

Modifications etc. (not altering text)

C9 Unreliable marginal note

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

(1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments specified in Schedule 6 to this Act (which include certain spent provisions) are hereby repealed to the extemt specified in the third column of that Schedule.

Modifications etc. (not altering text)

C10 The text of s. 64 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.

65 Expenses and receipts. E+W

There shall be defrayed out of moneys provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums payable out of such moneys under any other Act; and any sums received by the Secretary of State in consequence of this Act shall be paid into the Consolidated Fund.

66 Citation, interpretation, commencement and extent. U.K.

(1) This Act may be cited as the Criminal Justice Act 1972.

(2) In this Act “court” does not include a court-martial; “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 or a committal or attachment for contempt of court, and “sentence to imprisonment” shall be construed accordingly.

(3), (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

(5) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any other enactment, including this Act.

(6) This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different provisions:

Provided that—

(a) sections 28, 30, 31 and 32 shall not affect the punishment for an offence completed before those sections come into force; and

(b) neither section 36 [F51 nor the corresponding section referred to in section 63(3)] shall come into force until provision has been made by rules of court with a view to preventing or restricting the disclosure of the identity of the acquitted person in references under that section.

(7) In this Act—

(a) sections 23, 24, 28, 29, 30, 33, 35, 51 and this section, section 31 so far as it relates to section 67(5) of the M24 Shops Act 1950, section 64(1) and Schedule 5 so far as they relate to the M25 Road Traffic Act 1972 and section 64(2) and Schedule 6 so far as they relate to the M26 Summary Jurisdiction (Scotland) Act 1908 and the M27 Firearms Act 1968, extend to Scotland;

(b) section 63 and this section extend to Northern Ireland;

(c) section 64(1) and Schedule 5 so far as they relate to the M28 Petty Sessions (Ireland) Act 1851 extend to Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

but, save as aforesaid, this Act extends to England and Wales only.

Textual Amendments

F50 S. 66(3)(4) and Schedule 1 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F51 Words repealed (N.I.) by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), Sch. 5

Modifications etc. (not altering text)

C11 S. 66(6): power conferred by s. 66(6) partly exercised: 1972/1763, 1973/272, 1472, 1995, 1976/299 (s. 49 and certain repeals in Sch. 6 Pt. I not yet brought into force)

Marginal Citations

M24 1950 c. 28.

M25 1972 c. 20.

M26 1908 c. 65.

M27 1968 c. 27.

M28 1851 c. 93.