SCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS

Section 64(1).

Annotations:
Modifications etc. (not altering text)

C1The text of Schedule 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Petty Sessions (Ireland) Act 1851

In the M1Petty Sessions (Ireland) Act 1851—

(a)

in sections 27 and 29 for the words “county inspector” (wherever occurring) there shall be substituted the words “chief superintendent of police” ; and

(b)

in section 44, for the words from “ “county inspector” shall” to “rank of county inspector” there shall be substituted the words “ “chief superintendent of police” means an officer of the Royal Ulster Constabulary having the rank of chief superintendent”.

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The Incitement to Disaffection Act 1934

In section 2(4) of the M2Incitement to Disaffection Act 1934 for the words from “and subject as aforesaid” onwards there shall be substituted the words “and, in relation to property which has come into the possession of the police under this section, the M3Police (Property) Act 1897 (which makes provision with respect to the disposal of property in the possession of the police) shall have effect subject to the foregoing prrovisions of this subsection and to the provisions of this Act conferring powers on courts dealing with offences”.

The Dogs Amendment Act 1938

In section 1(2) of the M4Dogs Amendment Act 1938 for the words “fourteen days from the date of the order” there shall be substituted the words “the period within which notice of appeal to the Crown Court may be given against the order”.

The Criminal Justice Act 1948

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The Criminal Justice Act 1967

In the M5Criminal Justice Act 1967—

  1. (a)
    in section 18(7) for the words from “inform him” to the end of the subsection there shall be substituted the words—

    “(a)

    in a case of committal, inform him that he may apply to a judge of the High Court, or to the Crown Court, to be admitted to bail, and

    (b)

    in any other case, inforn him that he may apply to a judge of the High Court for that purpose.”.

  2. (b)

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  3. (c)

    in section 60(2) the words “between conviction and sentence” shall be omitted ;

  4. (d)

    in section 67(1), after the words “probation order” there shall be inserted the words “a community service order” ;

  5. (eg)

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The Theft Act 1968

For subsections (1) to (3) of section 28 of the M6Theft Act 1968 there shall be substituted—

“(1)

Where goods have been stolen, and either a person is convicted of any offence with reference to the theft (whether or not the stealing is the gist of his offence) or a person os convicted of any other offence but such an offence as aforesaid is taken into consideration in determining his sentence, the court by or before which the offender is convicted may on the conviction exercise any of the following powers—

(a)

the court may order anyone having possession or control of the goods to restore them to any person entitled to to recover them from him ; or

(b)

on the application of a person entitled to recover from the person convicted any other goods directly or indirectly representing the first-mentioned goods (as being the proceeds of any disposal or realisation of the whole or part of them or of goods so representing them), the court may order those other goods to be delivered or transferred to the applicant ; or

(c)

the court may order that a sum not exceeding the value of the first-mentioned goods shall be paid, out of any money of the person convicted which was taken out of his possession on his apprehension, to any person who, if those goods were in the possession of the person convicted, would be entitled to recover them from him.

(2)

Where under subsection (1) above the court has power on a person’s conviction to make an order against him both under paragraph (b) and under paragraph (c) with reference to the stealing of the same goods, the court may make orders under both paragraphs provided that the person in whose favour the orders are made does not thereby recover more than the value of those goods.

(3)

Where under subsection (1) above the court on a person’s conviction makes an order under paragraph (a) for the restoration of any goods, and it appears to the court that the person convicted has sold the goods to a person acting in good faith, or has borrowed money on the security of them from a person so acting. the court may order that there shall be paid to the purchaser or lender, out of any money of the person convicted which was taken out of his possession on his apprehension, a sum not exceeding the amount paid for the purchase by the purchaser or, as the case may be, the amount owed to the lender in respect of the loan.”

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The Immigration Act 1971

In section 6(3)(b) of the M7Immigration Act 1971 for the words “first offenders” there shall be substituted the words “persons who have not previously been sentenced to imprisonment”.

The Road Traffic Act 1972

In section 105(2) of the M8Road Traffic Act 1972 after the words “for the purpose of endorsement” there shall be inserted the words “(or its production to comply with section 24(3) of the Criminal Justice Act 1972 in the disqualification under that section)”.