- Latest available (Revised)
- Point in Time (03/02/1995)
- Original (As enacted)
Version Superseded: 01/04/1996
Point in time view as at 03/02/1995.
There are currently no known outstanding effects for the Criminal Justice Act 1993, Part VI.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The following section shall be substituted for section 18 of the M1Criminal Justice Act 1991 (fixing of certain fines by reference to units)—
(1)Before fixing the amount of any fine, a court shall inquire into the financial circumstances of the offender.
(2)The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.
(3)In fixing the amount of any fine, a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.
(4)Where—
(a)an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused),
(b)an offender—
(i)has failed to comply with an order under section 20(1) below; or
(ii)has otherwise failed to co-operate with the court in its inquiry into his financial circumstances, or
(c)the parent or guardian of an offender who is a child or young person—
(i)has failed to comply with an order under section 20(1B) below; or
(ii)has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,
and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.
(5)Subsection (3) above applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.”.
(2)Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.
(3)The further amendments made by Schedule 3 shall have effect.
(4)The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.
Marginal Citations
(1)In section 1 of the M2Criminal Justice Act 1991 (restrictions on imposing custodial sentences), the following shall be substituted for subsection (2)(a)—
“(a)that the offence, or the combination of the offence and one or more offences associated with it, was so serious that only such a sentence can be justified for the offence; or”.
(2)In section 2 of the Act of 1991 (length of custodial sentences), in subsections (2)(a) and (3), for the word “other” there shall be substituted “ one or more ”.
(3)In section 3 of the Act of 1991 (procedural requirements for custodial sentences), in subsection (3)(a), the words “ or (as the case may be) of the offence and the offence or offences associated with it, ” shall be inserted after the word “offence”.
(4)In section 6 of the Act of 1991 (restrictions on imposing community sentences)—
(a)in subsection (1), for the words “other offence” there shall be substituted “ or more offences ”; and
(b)in subsection (2)(b), for the word “other” there shall be substituted “ one or more ”.
(5)In section 7 of the Act of 1991 (procedural requirements for community sentences), in subsection (1), the words “ or (as the case may be) of the offence and the offence or offences associated with it, ” shall be inserted after the word “offence”.
(6)For section 29 of the Act of 1991 (effect of previous convictions) there shall be substituted—
(1)In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.
(2)In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.
(3)A probation order or conditional discharge order made before 1st October 1992 (which, by virtue of section 2 or 7 of the M3Powers of Criminal Courts Act 1973, would otherwise not be a sentence for the purposes of this section) is to be treated as a sentence for those purposes.
(4)A conviction in respect of which a probation order or conditional discharge order was made before that date (which, by virtue of section 13 of that Act, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.”.
(7)In subsection (1) of section 12D of the Children and Young Persons Act 1969 (duty of court to state in certain cases that requirement is in place of custodial sentence), in paragraph (ii)(a) for the words “other offence” there shall be substituted “ or more offences ”.
(8)In section 38 of the M4Magistrates’ Courts Act 1980 (committal for sentence on summary trial of offence triable either way), in subsection (2)(a), for the word “other” there shall be substituted “ one or more ”.
(9)The amendments made by this section shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.
(1)In Part I of Schedule 2 to the M5Road Traffic Offenders Act 1988 (prosecution and punishment of offences), in the entries relating to section 1 of the Road Traffic Act M61988 (causing death by dangerous driving) and section 3A of that Act (causing death by careless driving while under influence of drink or drugs), in column 4, for “5 years” there shall be substituted “ 10 years ”.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1S. 67(1) extends to Great Britain and s. 67(2) extends to England and Wales only.
Textual Amendments
F1S. 67(2) repealed (9.1.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1994/3192, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 67(1) restricted (S.) (11.8.1993) by S.I. 1993/2035, art. 2(2).
Marginal Citations
(1)In section 228(1) of the M7Criminal Procedure (Scotland) Act 1975 (right of appeal of person convicted on indictment)—
(a)after paragraph (b) (and before the word “or”) insert—
“(bb)against his absolute discharge or admonition;
(bc)against any probation order or any community service order under the M8Community Service by Offenders (Scotland) Act 1978;
(bd)against any order deferring sentence;”; and
(b)in paragraph (c), after “sentence” add “ or disposal or order ”.
(2)In section 228A of that Act (appeal by Lord Advocate against sentence in solemn proceedings etc.)—
(a)after “conviction” insert “ or against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence ”; and
(b)for paragraph (a) substitute—
“(a)if it appears to the Lord Advocate that, as the case may be—
(i)the sentence is unduly lenient;
(ii)the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;
(iii)to dismiss with an admonition or to discharge absolutely is unduly lenient; or
(iv)the deferment of sentence is inappropriate or on unduly lenient conditions;”.
(3)In section 442(1) of that Act (rights of appeal in summary proceedings)—
(a)in paragraph (a)—
(i)after “person convicted” insert “ , or found to have committed an offence, ”;
(ii)in sub-paragraph (i), after “conviction” insert “ or finding ”;
(iii)after sub-paragraph (ii) (and before the word “or”) insert—
“(iia)against his absolute discharge or admonition or any probation order or any community service order under the M9Community Service by Offenders (Scotland) Act 1978 or any order deferring sentence;”; and
(iv)in sub-paragraph (iii), after “sentence” add “ or disposal or order ”; and
(b)in paragraph (c)—
(i)after “conviction” insert “ or, whether the person has been convicted or not, against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person’s absolute discharge or admonition or against any order deferring sentence ”;
(ii)for “the sentence is unduly lenient” substitute— “, as the case may be—
(i)the sentence is unduly lenient;
(ii)the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;
(iii)to dismiss with an admonition or to discharge absolutely is unduly lenient; or
(iv)the deferment of sentence is inappropriate or on unduly lenient conditions;”.
In section 212A of the M10Criminal Procedure (Scotland) Act 1975 (which makes provision for the supervised release of short-term prisoners in Scotland) at the end add—
“(7)The foregoing provisions of this section apply to a person sentenced under section 207 or 415 of this Act as the provisions apply to a person sentenced to a period of imprisonment.”.
Marginal Citations
(1)Paragraphs 8(3), 9(2) and 10(3) of Schedule 8 to the Banking Coordination (Second Council Directive) Regulations 1992 shall cease to have effect.
(2)Regulations under section 2(2) of the M11European Communities Act 1972 for the purpose of implementing—
(a)Article 15 of the Second Banking Co-ordination Directive (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other member States of information and inspection powers in relation to institutions authorised by them), or
(b)Articles 3, 6 and 7 of the Supervision of Credit Institutions Directive (which make similar provision in relation to the consolidated supervision of credit institutions),
may, notwithstanding paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable in the same way as offences under sections 39, 40 and 41 of the M12Banking Act 1987.
(3)In this section—
“the Second Banking Co-ordination Directive” means the M13Community Council Directive No. 89/646/EEC on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC; and
“the Supervision of Credit Institutions Directive” means the M14Community Council Directive No. 92/30/EEC on the supervision of credit institutions on a consolidated basis.
(4)Subsection (1) shall not affect the punishment for an offence committed before that subsection comes into force.
(1)A person who, in the United Kingdom, assists in or induces any conduct outside the United Kingdom which involves the commission of a serious offence against the law of another member State is guilty of an offence under this section if—
(a)the offence involved is one consisting in or including the contravention of provisions of the law of that member State which relate to any of the matters specified in subsection (2);
(b)the offence involved is one consisting in or including the contravention of other provisions of that law so far as they have effect in relation to any of those matters; or
(c)the c onduct is such as to be calculated to have an effect in that member State in relation to any of those matters.
(2)The matters mentioned in subsection (1) are—
(a)the determination, discharge or enforcement of any liability for a Community duty or tax;
(b)the operation of arrangements under which reliefs or exemptions from any such duty or tax are provided or sums in respect of any such duty or tax are repaid or refunded;
(c)the making of payments in pursuance of Community arrangements made in connection with the regulation of the market for agricultural products and the enforcement of the conditions of any such payments;
(d)the movement into or out of any member State of anything in relation to the movement of which any Community instrument imposes, or requires the imposition of, any prohibition or restriction; and
(e)such other matters in relation to which provision is made by any Community instrument as the Secretary of State may by order specify.
(3)For the purposes of this section—
(a)an offence against the law of a member State is a serious offence if provision is in force in that member State authorising the sentencing, in some or all cases, of a person convicted of that offence to imprisonment for a maximum term of twelve months or more; and
(b)the question whether any conduct involves the commission of such an offence shall be determined according to the law in force in the member State in question at the time of the assistance or inducement.
(4)In any proceedings against any person for an offence under this section it shall be a defence for that person to show—
(a)that the conduct in question would not have involved the commission of an offence against the law of the member State in question but for circumstances of which he had no knowledge; and
(b)that he did not suspect or anticipate the existence of those circumstances and did not have reasonable grounds for doing so.
(5)For the purposes of any proceedings for an offence under this section, a certificate purporting to be issued by or on behalf of the government of another member State which contains a statement, in relation to such times as may be specified in the certificate—
(a)that a specified offence existed against the law of that member State,
(b)that an offence against the law of that member State was a serious offence within the meaning of this section,
(c)that such an offence consists in or includes the contravention of particular provisions of the law of that member State,
(d)that specified provisions of the law of that member State relate to, or are capable of having an effect in relation to, particular matters,
(e)that specified conduct involved the commission of a particular offence against the law of that member State, or
(f)that a particular effect in that member State in relation to any matter would result from specified conduct,
shall, in the case of a statement falling within paragraphs (a) to (d), be conclusive of the matters stated and, in the other cases, be evidence, and in Scotland sufficient evidence, of the matters stated.
(6)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months or to both; or
(b)on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.
(7)Sections 145 to 152 and 154 of the M15Customs and Excise Management Act 1979 (general provisions as to legal proceedings) shall apply as if this section were contained in that Act; and an offence under this section shall be treated for all purposes as an offence for which a person is liable to be arrested under the customs and excise Acts.
(8)The power of the Secretary of State to make an order under subsection (2)(e) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(9)In this section—
“another member State” means a member State other than the United Kingdom;
“Community duty or tax” means any of the following, that is to say—
any Community customs duty;
an agricultural levy of the Economic Community;
value added tax under the law of another member State;
any duty or tax on tobacco products, alcoholic liquors or hydrocarbon oils which, in another member State, corresponds to any excise duty;
any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any Community instrument on the movement of goods into or out of any member State;
“conduct” includes acts, omissions and statements;
“contravention” includes a failure to comply; and
“the customs and excise Acts” has the same meaning as in the Customs and Excise Management Act 1979.
(10)References in this section, in relation to a Community instrument, to the movement of anything into or out of a member State include references to the movement of anything between member States and to the doing of anything which falls to be treated for the purposes of that instrument as involving the entry into, or departure from, the territory of the Community of any goods (within the meaning of that Act of 1979).
(1)The M16Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.
(2)In section 2 (proceedings before magistrates’ courts), the following subsection shall be added at the end—
“(5)The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic.”.
(3)The following sections shall be inserted after section 6—
(1)The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be dealt with for, or in respect of, any offence committed before his surrender, other than the offence for which he was delivered up.
(2)In subsection (1) of this section, “corresponding” means corresponding to provisions contained in this Act.
(3)Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—
(a)where consent is given by a Minister of the Republic;
(b)where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;
(c)where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it;
(d)where the description of the offence charged in the United Kingdom is altered in the course of proceedings but the offence under its new description is shown by its constituent elements to be an offence for which the defendant could have been delivered up under the corresponding legislation.
(1)The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic (“the defendant”) may be delivered up to a territory other than the Republic to be dealt with for, or in respect of, any offence committed before his surrender to the United Kingdom.
(2)In subsection (1) of this section “corresponding” means corresponding to provisions contained in this Act.
(3)Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section—
(a)where consent is given by a Minister of the Republic;
(b)where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;
(c)where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it.
(1)The power to make an order under section 2(5), 6A or 6B of this Act shall be exercisable by statutory instrument.
(2)Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Any such order may—
(a)make different provision for different cases; and
(b)make such incidental or supplemental provision as the Secretary of State considers appropriate.
(4)Any incidental or supplemental provision may, in particular, include—
(a)in the case of an order under section 2(5) of this Act, provision as to the circumstances in which, and the presumptions which may be applied in considering whether, provision made by the law of the Republic is to be treated as corresponding to provision made by or under section 6A or 6B of this Act;
(b)in the case of an order under section 6A or 6B of this Act—
(i)provision as to the notification of any consent;
(ii)provision as to the drawing up of any document to support a request for consent.
(5)Where any consent is notified in accordance with the provisions of an order under section 6A or 6B of this Act—
(a)judicial notice shall be taken of that consent; and
(b)a certificate of the Secretary of State to the effect that that consent was given in accordance with those provisions shall be evidence without further proof (or in Scotland sufficient evidence).”.
Extent Information
E2S. 72 extends to the United Kingdom and also to the Channel Islands and the Isle of Man, see s. 79(7)
Marginal Citations
(1)The Secretary of State may, with the consent of the Treasury, pay such grants, to such persons, as he considers appropriate in connection with measures intended—
(a)to combat or deal with drug trafficking or the misuse of drugs; or
(b)to deal with consequences of the misuse of drugs.
(2)Any such grant may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.
(3)Payments under this section shall be made out of money provided by Parliament.
(1)Part II of Schedule 1 to the M17Criminal Justice Act 1982 (persons convicted of offences under certain enactments not eligible for early release) shall be amended as follows.
(2)In the entry relating to the M18Drug Trafficking Offences Act 1986, the following paragraph shall be inserted before paragraph 26—
“25ASection 23A (acquisition, possession or use of proceeds of drug trafficking).”.
(3)In the entry relating to the M19Criminal Justice Act 1988, the following paragraphs shall be inserted before paragraph 30—
“29ASection 93A (assisting another to retain the benefit of criminal conduct).
29BSection 93B (acquisition, possession or use of proceeds of criminal conduct).
29CSection 93C (concealing or transferring proceeds of criminal conduct).”.
(1)In section 7(5) of the M20Prisoners and Criminal Proceedings (Scotland) Act 1993 (which applies provisions of that Act to certain children), for “Sections”, where it first occurs, substitute “ Without prejudice to section 6(1)(b)(ii) of this Act, sections 3, ”.
(2)In paragraph 2(2) of Schedule 6 to that Act (which makes transitional provision as respects release on licence on compassionate grounds) after “Act” insert “ , and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph, ”.
(1)The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.
(2)In section 10 (life prisoners transferred to Scotland)—
(a)in subsection (1), the words “(whether before or after the commencement of this section)” shall cease to have effect;
(b)in subsection (2), after “life prisoner” insert “ , except such case as is mentioned in paragraph 7 of Schedule 6 to this Act, ”; and
(c)in subsection (4)—
(i)in paragraph (a), after “has” insert “ (whether before or after the commencement of this section) ”; and
(ii)in paragraph (b), after “Scotland” insert “ (whether before or after that commencement) ”.
(3)In Schedule 6 (transitional provisions and savings)—
(a)in paragraph 1, in the definition of “existing life prisoner”, after “person” insert “ (other than a transferred life prisoner) ”;
(b)in paragraph 2(1), for “paragraph 7 below” substitute “ to section 10(4) of this Act ”; and
(c)for paragraph 7 substitute—
In the case of a transferred life prisoner who is a discretionary life prisoner for the purposes of Part II of the M21Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9 of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9.”.
Marginal Citations
Schedule 4, which confers power on the Secretary of State to make regulations extending certain provisions to Crown servants and to make regulations exempting persons from certain offences, shall have effect.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: