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Criminal Justice Act 1925

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Changes and effects yet to be applied to Section 33:

  • s. 33 applied by 2013 c. 15 s. 11(4)(b)(i)
  • s. 33 applied by S.I. 2020/733 reg. 52(3)(b)(i) (This amendment not applied to legislation.gov.uk. Regulations revoked prospectively by S.I. 2020/1278, regs. 1(2), 66(4))
  • s. 33 applied by S.I. 2021/1404 reg. 34(3)(b)(i) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. Although it was debated, it was not approved by resolutions of both Houses within the required timeframe, so it has expired with no effect. See the Twelfth Report of Session 2022-23 of the Joint Committee on Statutory Instruments)
  • s. 33 applied by S.I. 2024/948 reg. 24(3)

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

F1(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F2On 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 M1Indictments 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 F3....

F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F1Ss. 31, 32, 33(1)(2)(5) repealed by Magistrates' Courts Act 1952 (c. 55), s. 132, Sch. 6

Modifications etc. (not altering text)

C2S. 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)

C4S. 33 extended (6.1.1997) by S.I. 1996/2827, reg. 70(3)

C10S. 33 applied (20.1.2007 for specified purposes, 6.4.2007 for specified purposes, 1.10.2007 for specified purposes, 6.4.2008 for specified purposes, 1.10.2008 for specified purposes, 1.10.2009 in so far as not already in force) by Companies Act 2006 (c. 46), ss. 1130(2)(b)(i), 1300(2) (with s. 1133); S.I. 2006/3428, art. 3(2)(b) (with arts. 6, 8(2)); S.I. 2007/1093, art. 2(2)(c) (with arts. 4, 11(1)); S.I. 2007/2194, art. 2(1)(l)(3)(h) (with arts. 7, 12); S.I. 2007/3495, arts. 3(3)(g), 5(3)(a) (with arts. 7, 12); S.I. 2008/2860, art. 3(s) (with arts. 7, 8, Sch. 2 para. 1)

C12S. 33 applied (1.2.2007 for W. for specified purposes, 2.4.2007 for W. for specified purposes, 1.7.2007 for E. for specified purposes, 22.4.2008 for E.W.S. for specified purposes, 13.12.2008 for W. for specified purposes, 1.8.2012 for N.I. for specified purposes) by Health Act 2006 (c. 28), ss. 77(4)(a), 83(4)(a)(6)(b), (7); S.I. 2007/204, arts. 2(c), 3(c); S.I. 2007/1375, art. 2(b); S.I. 2008/1147, art. 3(b)(c); S.I. 2008/3171, art. 2(b); S.R. 2012/307, art. 2(b)

C13S. 33 applied (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 207(4), 277(3)(b)(4)(5)

C21S. 33 applied (12.1.2009 for specified purposes) by Health and Social Care Act 2008 (c. 14), ss. 92(3), 170(3)(4); S.I. 2008/3168, art. 2

C24S. 33 applied by Administration of Justice Act 1985 (c. 61), s. 10(7) (as substituted (31.3.2009) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 16 para. 83(4) (with ss. 29, 192, 193); S.I. 2009/503, art. 2(b)(ii))

C26S. 33 applied (1.5.2009 for specified purposes, 1.11.2009 in so far as not already in force) by The Payment Services Regulations 2009 (S.I. 2009/209), regs. 1(2)(b)(c), 118(4)(a) (with reg. 3)

C50S. 33 applied (with modifications) (30.12.2011) by The Wine Regulations 2011 (S.I. 2011/2936), regs. 1(2), 16(2)(b) (with reg. 3(9))

C56S. 33 applied (with modifications) (1.3.2014) by The Olive Oil (Marketing Standards) Regulations 2014 (S.I. 2014/195), regs. 1, 15(2)(b)

C65S. 33 applied (temp. until 24.2.2022) (24.2.2015) by The Microchipping of Dogs (England) Regulations 2015 (S.I. 2015/108), regs. 1(b), 15(4)(b)

C68S. 33 applied (1.4.2015) by Care Act 2014 (c. 23), ss. 94(5), 127(1); S.I. 2015/993, art. 2(w) (with transitional provisions in S.I. 2015/995)

C80S. 33 applied (25.11.2016) by Immigration Act 2016 (c. 19), ss. 29(4)(b)(i), 30(3)(b)(i), 94(1); S.I. 2016/1037, reg. 4(c)

C83S. 33 applied (27.4.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 50(2)(b)(i), 58(5)(6); S.I. 2017/739, reg. 3

C97S. 33 applied (temp.) (W.) (11.7.2020 for specified purposes, 13.7.2020 in so far as not already in force) by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 (S.I. 2020/725), regs. 1(3)(4), 20(10) (with reg. 5)

C102S. 33 applied (W.) (1.12.2020) by Wild Animals and Circuses (Wales) Act 2020 (asc 2), ss. 7(4), 12 (with ss. 9, 10)

C103S. 33 applied (temp.) (W.) (20.12.2020) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609), regs. 1(3), 46(5) (with reg. 3) (as amended by S.I. 2020/1610, regs. 1(2), 2(2); (17.5.2021 at 6.00 a.m.) by S.I. 2021/583, regs. 1(2), 2(2); (7.8.2021 at the beginning of the day) by S.I. 2021/925, regs. 1(2), 2(2)); and (25.11.2021) by S.I. 2021/1304, regs. 1(2), 2

C149S. 33 applied (10.1.2024 for specified purposes) by Online Safety Act 2023 (c. 50), ss. 203(3)(b)(i), 240(1); S.I. 2023/1420, reg. 2(z25)

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