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Criminal Justice Act 1925

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Status:

Point in time view as at 01/10/1991.

Changes to legislation:

Criminal Justice Act 1925 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Part IE+W

1—10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

Part IIE+W Jurisdiction and Procedure

Indictable Offences generallyE+W

11†Venue in indictable offences.E+W

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)Where a person is charged with an offence [F3against the M1Forgery Act 1913 or with an offence indictable at common law or]under any Act for the time being in force, consisting in the forging or altering of any matter whatsoever, or in offering, uttering, disposing of or putting off any matter whatsoever, knowing the same to be forged or altered, and the offence relates to documents made for the purpose of any Act relating to the suppression of the slave trade, the offence shall for the purposes of jurisdiction and trial be treated as an offence against the M2Slave Trade Act 1873.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

Modifications etc. (not altering text)

C1Unreliable marginal note

Marginal Citations

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

13†Binding over of witnesses conditionally and reading of depositions at trial.E+W

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3)Where any person has been committed for trial for any offence, the deposition of any person taken before the examining justices may, if the conditions hereinafter set out are satisfied, without further proof be read as evidence on the trial of that person, whether for that offence or for any other offence arising out of the same transaction, or set of circumstances, as that offence.

The conditions hereinbefore referred to are the following:—

(a)The deposition must be the deposition either of a witness [F6in respect of whom a conditional witness order, or an order treated as a conditional witness order, has been made under section 1 of the M3Criminal Procedure (Attendance of Witnesses) Act 1965], or of a witness who is proved at the trial by the oath of a credible witness to be dead or insane, or so ill as not to be able to travel, or to be kept out of the way by means of the procurement of the accused or on his behalf:

(b)It must be proved at the trial, either by a certificate purporting to be signed by the justice before whom the deposition purports to have been taken or by the clerk to the examining justices, or by the oath of a credible witness, that the deposition was taken in the presence of the accused and that the accused or his counsel or solicitor had full opportunity of cross–examining the witness:

(c)The deposition must purport to be signed by the justice before whom it purports to have been taken:

Provided that the provisions of this subsection shall not have effect in any case in which it is proved—

(i)That the deposition, or, where the proof required by paragraph (b) of this subsection is given by means of a certificate, that the certificate, was not in fact signed by the justice by whom it purports to have been signed or;

(ii)Where the deposition is the deposition of a witness [F6in respect of whom such an order as aforesaid has been made] that the witness has been duly notified that he is required to attend the trial.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W

Textual Amendments

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W

Textual Amendments

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

Textual Amendments

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

Textual Amendments

Summary JurisdictionE+W

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W

26, 27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W

28 Summary proceedings for offence under s. 3, and amendments of ss. 3 and 4, of Perjury Act, 1911.E+W

(1)Section three of the Perjury Act, 1911 (which relates to false statements as to marriages) shall have effect as though at the end of subsection (1) thereof there were inserted the words “and on summary conviction thereof shall be liable to a penalty not exceeding fifty pounds”.

(2)A person convicted summarily of an offence under section four of thePerjury Act, 1911 (which relates to false statements as to births or deaths), shall be liable to a penalty not exceeding fifty pounds.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

Modifications etc. (not altering text)

C5The text of s. 28(1)(2), (S. 28 (2) now spent), 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.

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W

MiscellaneousE+W

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26E+W

33 Procedure on charge of offence against corporation. E+W

(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(3)[F28On arraignment of a corporation, the corporation may], enter in writing by its representative a plea of guilty or not guilty, and if either the corporation does not appear by a representative or, though it does so appear, fails to enter as aforesaid any plea, the court shall order a plea of not guilty to be entered and the trial shall proceed as though the corporation had duly entered a plea of not guilty.

(4)Provision may be made by rules under the M4Indictments Act 1915 with respect to the service on any corporation charged with an indictable offence of any documents requiring to be served in connection with the proceedings, except in so far as such provision may be made by rules [F29under section 144 of the Magistrates’ Courts Act 1980].

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(6)In this section the expression “representative” in relation to a corporation means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which the representative of a corporation is by this section authorized to do, but a person so appointed shall not, by virtue only of being so appointed, be qualified to act on behalf of the corporation before any court for any other purpose.

A representative for the purposes of this section need not be appointed under the seal of the corporation, and a statement in writing purporting to be signed by a managing director of the corporation, or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed.

Textual Amendments

F27Ss. 31, 32, 33(1)(2)(5) repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6

Modifications etc. (not altering text)

C8S. 33 applied by Companies Act 1989 (c. 40, SIF 27), ss. 44(3), 91(3) (the application being in force as regards s. 91(3) and as regards s. 44(3) being in force (1.3.1990) for certain purposes only as mentioned in S.I. 1990/142, Sch. and otherwise (1.10.1991) see s. 44(3) and S.I. 1991/1996, art. 2(1)(a)

C10S. 33 extended (6.1.1997) by S.I. 1996/2827, reg. 70(3)

Marginal Citations

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30E+W

Part IIIE+W Amendments as to Offences

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W

36 Forgery of passport. E+W

(1)[F32The forgery of any passport, or] the making by any person of a statement which is to his knowledge untrue for the purpose of procuring a passport, whether for himself or any other person, shall be a misdemeanour punishable with imprisonment not exceeding two years or a fine not exceeding one hundred pounds or both such imprisonment and fine.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

37 Unlawful possession of pension documents.E+W

(1)If any person receives, detains or has in his possession any document to which this section applies as a pledge or a security for a debt or with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person, he shall be liable, on summary conviction, to a fine not exceeding [F34level 3 on the standard scale], or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

(2)This section applies to certificates or official documents evidencing or issued in connection with the right of persons to pensions or allowances payable out of any grant which may be made out of the Consolidated Fund of the United Kingdom in pursuance of any Act for civil non–effective services.

Textual Amendments

F34Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 82), ss. 38, 46

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37E+W

Textual Amendments

41 Prohibition on taking photographs, &c., in court.E+W

(1)No person shall—

(a)take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or

(b)publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof;

and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

(2)For the purposes of this section—

(a)the expression “court” means any court of justice, including the court of a coroner:

(b)the expression “Judge” includes . . . F38, registrar, magistrate, justice and coroner:

(c)a photograph, portrait or sketch shall be deemed to be a photograph, portrait or sketch taken or made in court if it is taken or made in the court–room or in the building or in the precincts of the building in which the court is held, or if it is a photograph, portrait or sketch taken or made of the person while he is entering or leaving the court–room or any such building or precincts as aforesaid.

Textual Amendments

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39E+W

43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40E+W

Textual Amendments

Part IVE+W Miscellaneous and General

44, 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41E+W

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42E+W

47 Abolition of presumption of coercion of married woman by husband.E+W

Any presumption of law that an offence committed by a wife in the presence of her husband is committed under the coercion of the husband is hereby abolished, but on a charge against a wife for any offence other than treason or murder it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43E+W

49 Short title, interpretation, extent, repeal and commencement.E+W

(1)This Act may be cited as the Criminal Justice Act 1925.

(2)In this Act, unless the context otherwise requires—

  • The expression “examining justices” means the justices before whom a charge is made against any person for an indictable offence, and references to examining justices include a reference to a single examining justice:

  • . . . F44

(3)This Act shall not extend to Scotland or Northern Ireland, and references therein to warrants issued shall not be construed as including warrants issued elsewhere than in England or Wales.

(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

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