Powers of Criminal Courts Act 1973 (repealed)

Miscellaneous and supplemental U.K.

52 Evidence with respect to offences punishable in Scotland. E+W

For the purposes of this Act a certificate purporting to be signed by or on behalf of the Lord Advocate that an offence is punishable in Scotland with imprisonment or is punishable in Scotland on indictment with imprisonment for a term specified in the certificate shall be evidence of the matter so certified.

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

Section 4 of the M1 Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland and vice versa) shall apply to any process issued under Part I of this Act . . . F1 as it applies to process issued under the M2 Magistrates’ Courts Act 1952 by a magistrates’ court.

Textual Amendments

F1 Words repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Marginal Citations

M1 1881 c. 24.

M2 1952 c. 55.

54 Rules and orders. E+W

(1) Any power of the Secretary of State to make rules or orders under this Act shall be exercised by statutory instrument.

(2) Subject to subsection (3) below, any rules or orders made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Subsection (2) above does not apply to rules under section 49 of this Act nor to orders under section [F2 2 or 7 or] 14 of or paragraph 1 of Schedule 3 to this Act, but no order shall be made by the Secretary of State under section [F2 2 or 7 or] 14 unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(4) Any order made by the Secretary of State under section [F2 2 or 7 or] 14 or 39 of this Act may be revoked by a subsequent order of the Secretary of State under that section, an order under section 26(2)(a) may be revoked by a subsequent order under that paragraph or under section 26(2)(b), and an order under paragraph 1 of Schedule 3 to this Act may be varied or revoked by a subsequent order.

Textual Amendments

F2 Words inserted by Criminal Law Act 1977 (c. 45), s. 57(3)

55 Transitional provisions. E+W

Schedule 4 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 this Act.

56 Consequential amendments and repeals. U.K.

(1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments set out in that Schedule, being amendments consequential on the preceding provisions of this Act, but the amendment of any enactment by that Schedule shall not be taken as prejudicing the operation of section 38 of the M3 Interpretation Act 1889 (which relates to the effect of repeals).

(2) The enactments specified in Schedule 6 to this Act (which include enactments which were spent 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)

C1 The text of s. 56 and Schedule 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.

Marginal Citations

M3 1889 c. 63

57 Interpretation. E+W

(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—

• “the appropriate officer of the court” means, in relation to a magistrates’ court, the clerk of the court;

• “approved bail hostel” means a bail hostel approved by the Secretary of State under section 49(1) of this Act;

• “approved probation hostel” [F3 means a probation hostel approved] by the Secretary of State under section 49(1) of this Act;

• “bail hostel” means premises for the accommodation of persons remanded on bail;

• “community service order” has the meaning assigned to it by section 14(1) of this Act;

• “compensation order” has the meaning assigned to it by section 35(1) of this Act;

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

• “criminal bankruptcy order” means an order under section 39(1) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

• “extended sentence certificate” has the meaning assigned to it by section 28 of this Act;

• “local authority” means, in relation to any probation and after-care area, any authority out of whose funds the salary of the clerk to the justices for a petty sessions area contained in the probation and after-care area is paid;

• “order for conditional discharge” has the meaning assigned to it by section 7 of this Act;

• “period of conditional discharge” has the meaning assigned to it by section 7 of this Act;

• “probationer” means a person for the time being under supervision by virtue of a probation order;

• “probation hostel” means premises for the accommodation of persons who may be required to reside there by a probation order, . . . F6 ;

• “probation order” has the meaning assigned to it by section 2 of this Act;

• “probation period” means the period for which a probationer is placed under supervision by a probation order;

• “the register” means the register of proceedings before a magistrates’ court required by rules made under [F7 section 144 of the Magistrates’ Courts Act 1980] to be kept by the clerk of the court;

• “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;

• “supervising court” has the meaning assigned to it by section 2(2) of this Act;

• “supervision order” has the meaning assigned to it by section 26(1) of this Act;

• “suspended sentence” means a sentence to which an order under section 22(1) of this Act 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, unless the context otherwise requires, be treated as a single term.

(3) Without prejudice to sections 20(1) and 21(1) of this Act, 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) Without prejudice to the meaning of references in sections 14, 43 and 44 of this Act to an offence punishable with imprisonment, any such reference elsewhere in this Act 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) For the purposes of this Act a compensation order, supervision order or community service order made on appeal from a decision of a magistrates’ court or the Crown Court shall be treated as if it had been made by a magistrates’ court or the Crown Court, as the case may be.

(6) Any reference to 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

F3 Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12

F4 Definition repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F5 Definition repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170, Sch. 8 para. 16, Sch. 16

F6 Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F7 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 123

58 Application to Scotland. E+W+S

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

(a) sections 8(4), 10, 13, [F8 17C] 25(3), 29(7), . . . F9 , . . . F10 and this section; and

(b) section 56 and Schedules 5 and 6 so far as they amend or repeal any enactment or any part of an enactment which extends to Scotland;

but, except as provided by this section, this Act shall not extend to Scotland.

Textual Amendments

F8 "17C" inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 13 para. 2(1)

F9 Words repealed by Criminal Law Act 1977 (c. 45), s. 65(7), Sch. 13

F10 Word repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

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

(1) [F11 Sections 17C and] 29(7) of this Act and this section shall extend to Northern Ireland but except as provided by this subsection this Act shall not extend to Northern Ireland.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(3) The references in section 29(6) and (7) of this Act to section 26 of the M4 Criminal Justice Act 1961 shall be construed, in relation to Northern Ireland, as references to that section as amended by any Act of the Parliament of Northern Ireland, or Measure of the Northern Ireland Assembly, whether passed before or after this Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F11 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 13 para. 2(2)

F12 S. 59(2)(4) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XIII

Marginal Citations

M4 1961 c. 39.

60 Short title and commencement. E+W

(1) This Act may be cited as the Powers of Criminal Courts Act 1973.

(2) 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 provisions; 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.

Modifications etc. (not altering text)

C2 Power of appointment conferred by s. 60(2) not fully exercised