S. 34 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
Words in s. 36(1) repealed (1.10.1997) by 1997 c. 43, s. 56(2), Sch. 6; S.I. 1997/2200, art. 2(1)(o) (with art. 5(6))
Words substituted by S.I. 1963/597, Sch. 2
Words in s. 38(2)(b) repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words in s. 38(3)(6) repealed (1.10.1997) by 1997 c. 43, s. 56(2), Sch. 6; S.I. 1997/2200, art. 2(1)(o)
S. 38(3)(a) substituted (1.3.1998) by 1994 by virtue of c. 33, s. 168(2), Sch. 10 para. 12(5); S.I. 1998/277, art. 3(2)
Words in s. 38(3)(b) repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 38(3)(c) added by Criminal Justice Act 1967 (c. 80), s. 69(1)
Words in s. 38(3)(c) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 4; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(c)
Words repealed by S.I. 1973/2163, Sch. 6
S. 38(5) repealed (prosp.) except that the repeal is in force (E.W.N.I.) so far as regards subsection (a) and (b) and is in force (S.) except as regards subparas. (c) and (d) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 80(2), Sch. 16
Words inserted by Criminal Justice (Scotland) Act 1963 (c. 39), Sch. 5
S. 38(5)(aa) inserted by Treatment of Offenders Act (Northern Ireland) 1968 (c. 29), Sch. 3 Pt. III
S. 38(6) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 15(b)
Definition substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 16(a)
Definitions in s. 39(1) repealed (E.W.) (1.10.1997) by 1997 c. 43, s. 56(2), Sch. 6; S.I. 1997/2200, art. 2(1)(o)
Words in s. 39(1) repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words substituted by Criminal Law Act 1977 (c. 45), Sch. 12
Definition repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
S. 39(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 16(b)
S. 39(1A) repealed (E.W.)(1.10.1997) by 1997 c. 43, s. 56(2), Sch. 6; S.I. 1997/2200, art. 2(1)(o)
S. 39(2) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 47; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 40(1) repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I
S. 40(2) added by Criminal Justice Act 1967 (c. 80), Sch. 6 para. 25
S. 41(2) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI
S. 41(3)(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1 Pt. I Group1.
Words in s. 42(1)(2) repealed (1.10.1997) by 1997 c. 43, s. 56(2), Sch. 6; S.I. 1997/2200, art. 2(1)(o) (with art. 5(6))
Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 17
Words in s. 42(1)(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1 Pt. I Group 1.
S. 38(2)–(5) extended by Criminal Justice Act 1967 (c. 80), s. 14(4)
Any person required or authorised by or under this Act to be taken to any place or to be kept in custody shall, while being so taken or kept, be deemed to be in legal custody.
A constable, or any other person required or authorised by or under this Act to take any person to or keep him at any place shall, while taking or keeping him there have all the powers, authorities, protection and privileges which a constable has within the area for which he acts as constable.
Any power of the Secretary of State to make orders under this Act (other than orders under subsection (1) of section nineteen
Any Order in Council or order under this Act may be varied or revoked by a subsequent Order in Council or order.
In any case where a court is required by this Act to consider a report made by or on behalf of the
Except as provided by subsection (3) of this section, the expression “sentence” in this Act does not include a committal for default or the fixing of a term to be served in the event of default, or a committal or attachment for contempt of court.
For the purposes of any provisions of this Act referring to a person who is serving or has served a sentence of any description, the expression “
in any case, a sentence of that description passed by a court in Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man; and
in the case of imprisonment, Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955), and a sentence which is treated by virtue of the
For the purposes
the expression “
the expression “ any order made by any court imposing imprisonment or detention, and “
any reference to a person serving a sentence of, or sentenced to, imprisonment or detention shall be construed as including a reference to a person who, under any enactment relating to children and young persons in force in any part of the United Kingdom or any of the Channel Islands or the Isle of Man, has been sentenced by a court to be detained for an offence and is liable to be detained in accordance with
For the purposes of any reference in this Act to a term of imprisonment or of detention in a detention centre or to a term of imprisonment or detention, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
For the purposes of this Act (and of any enactment referred to in Part III of this Act)—
a sentence
An order for detention in a young offenders centre passed in Northern Ireland shall be treated as a sentence of imprisonment for the like term.
a sentence of detention in a borstal institution passed as aforesaid shall be treated as a sentence of borstal training;
a sentence of death passed by any court (including a court-martial) on a person subsequently pardoned by Her Majesty on condition of his serving a term of imprisonment or penal servitude shall be treated as a sentence of imprisonment or penal servitude passed by that court for that term; and
without prejudice to paragraph (c) of this subsection, any reference to a person on whom a sentence of any description has been passed includes a reference to a person who under the law of any part of the United Kingdom, any of the Channel Islands or the Isle of Man is treated as a person on whom a sentence of that description has been passed;
and “
The Secretary of State may by order designate as equivalent sentences for the purposes of this Act
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:—
court-martial” includes the Courts-Martial Appeal Court and any officer exercising jurisdiction under section forty-nine of the Naval Discipline Act 1957:
“
“
“
in relation to persons detained in England and Wales or in Scotland, a Secretary of State;
in relation to persons detained in Northern Ireland,
. . .
Subsection (1) of this section shall have effect in relation to a person serving a sentence of a length which could not have been passed on an offender of his age by a court in the place to which he has been transferred as if it defined “
Any reference in this Act to a sentence being equivalent to another sentence is to be construed as a reference to its having been so designated under section 38(6) of this Act.
Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955, for a civil offence within the meaning of those Acts.
Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court or justice of the peace, his age at the material time shall be deemed to be or to have been that which appears to the court or justice, after considering any available evidence, to be or to have been his age at that time.
Any reference in 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.
. . .
Any reference in this Act to an enactment of the Parliament of Northern Ireland, or to an enactment which that Parliament has power to amend, shall be construed, in relation to Northern Ireland, as a reference to that enactment as amended by any Act of that Parliament, whether passed before or after this Act, and to any enactment of that Parliament passed after this Act and re-enacting the said enactment with or without modifications.
The enactments described in the Fourth Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.
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The following provisions of this Act shall extend to Scotland, that is to say—
section thirty-five;
sections thirty-eight and thirty-nine;
section forty-one and the Fourth
but except as aforesaid, and except so far as it relates to the commencement of the said provisions, this Act shall not extend to Scotland.
The following provisions of this Act shall extend to Northern Ireland, that is to say—
section thirty-five;
sections thirty-eight to forty;
section forty-one and the Fourth
but except as aforesaid, and except so far as it relates to the commencement of the said provisions, this Act shall not extend to Northern Ireland.
There shall be paid out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums which, under any other enactment, are payable out of moneys so provided.
The foregoing provisions of this Act (including the Schedules therein referred to) shall come into operation on such date as the Secretary of State may by order appoint.
Different dates may be appointed by order under this section for different purposes of this Act; and any reference in this Act to the commencement of any provision of this Act shall be construed as a reference to the date appointed for the purposes of that provision.
This Act may be cited as the Criminal Justice Act 1961.