http://www.legislation.gov.uk/id/ukpga/1988/33

http://www.legislation.gov.uk/ukpga/1988/33/section/50/2005-04-04

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

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Statute Law Database

2024-06-25

2005-04-04

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

Part V Jurisdiction, Imprisonment, Fines, Etc.

Imprisonment

50 Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.

1

The Secretary of State may by order made by statutory instrument make such provision as appears to him to be appropriate—

a

to give courts-martial and Standing Civilian Courts power to pass suspended and partly suspended sentences of imprisonment on civilians to whom this section applies; and

b

to give courts power to deal with offenders in respect of suspended and partly suspended sentences passed by courts-martial and Standing Civilian Courts.

2

This section applies to the following civilians—

a

persons to whom Part II of the M1Army Act 1955 applies by virtue of section 209 of that Act;

b

persons to whom Part II of the M2Air Force Act 1955 applies by virtue of section 209 of that Act; and

c

persons to whom Parts I and II of the M3Naval Discipline Act 1957 apply by virtue of section 118 of that Act.

3

An order under this section—

a

may amend—

i

the Army Act 1955;

ii

the Air Force Act 1955;

iii

the Naval Discipline Act 1957; and

iv

the M4Armed Forces Act 1976;

b

may apply, with or without modifications, any enactment contained in—

i

F1Criminal Justice Act 2003;

ii

the M5Criminal Law Act 1977; or

iii

any other Act not mentioned in paragraph (a) above; and

c

may make such incidental or consequential provision as the Secretary of State considers necessary or expedient.

4

Without prejudice to the generality of this section, an order under this section may make—

a

provision prohibiting a court which passes a suspended sentence on a person from making an order under paragraph 4 of Schedule 5A to the M6Army Act 1955 or the M7Air Force Act 1955 or paragraph 4 of Schedule 4A to the M8Naval Discipline Act 1957 (community supervision orders) in respect of another offence; and

b

provision restricting the powers conferred by sections 110 and 113 of the Army Act 1955 and the Air Force Act 1955 (confirmation and review) and sections 70 and 71 of the Naval Discipline Act 1957 (review).

5

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.