Criminal Justice Act 1948

Part I E+W Powers and Proceedings of Courts

Abolition of penal servitude, hard labour, prison divisions and sentence of whipping E+W

1 Abolition of penal servitude, hard labour and prison divisions. E+W

(1) No person shall be sentenced by a court to penal servitude; and every enactment conferring power on a court to pass a sentence of penal servitude in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of this Act.

(2) No person shall be sentenced by a court to imprisonment with hard labour; and every enactment conferring power on a court to pass a sentence of imprisonment with hard labour in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of imprisonment with hard labour could have been passed in that case immediately before the commencement of this Act; and so far as any enactment requires or permits prisoners to be kept to hard labour it shall cease to have effect.

(3) So far as any enactment provides that a person sentenced to imprisonment or committed to prison is or may be directed to be treated as an offender of a particular division, or to be placed in a separate division, it shall cease to have effect.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 S. 2 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV

3—12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 3–12 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W

Textual Amendments

F3 S. 13 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W

Textual Amendments

F4 S. 14 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W

Textual Amendments

F5 S. 15 repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

Powers relating to young offenders E+W

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W

Textual Amendments

F6 S. 16 repealed by Homicide Act 1957 (c. 11), Sch. 2

17

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F7 S. 17(1)(2) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F8 S. 17(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F9 S. 17(4)(5) repealed by Magistrates' Courts Act 1952 (c. 55) s. 132(2), Sch. 6

F10 S. 17(6) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Textual Amendments

F11 S. 18 repealed by Criminal Justice Act 1961 (c. 39), Sch. 5

19, 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W

Textual Amendments

F12 Ss, 19, 20, 48(2), 52, 76(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W

Textual Amendments

F13 S. 21 repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 S. 22 repealed by Criminal Justice Act 1961 (c. 39), Sch. 5

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 S. 23 repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W

Textual Amendments

F16 Ss. 24–26, 28 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

Adjournment, remand, etc. E+W

25, 26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W

Textual Amendments

F17 Ss. 24–26, 28 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

[F18 27 Remand of persons aged [F19 18] to 20. E+W

F20 ( 1 ) Where a court remands a person charged with or convicted of an offence or [F20 commits him for trial or][F20 sends him to the Crown Court for trial or commits him there for] sentence and he is not less than [F21 eighteen] but under twenty–one years old and is not released on bail, then, if the court has been notified by the Secretary of State that a remand centre is available for the reception from the court of persons of his class or description, it shall commit him to a remand centre and, if it has not been so notified, it shall commit him to a prison.

(2) Where a person is committed to a remand centre in pursuance of this section, the centre shall be specified in the warrant and he shall be detained there for the period for which he is remanded or until he is delivered thence in due course of law.

(3) In this section “ court ” includes a justice; and nothing in this section affects the provisions of [F22 section 128(7) of the Magisrates’ Courts Act 1980 ] (which provides for remands to the custody of a constable). ]

Textual Amendments

F18 S. 27 substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 24

F19 Word in s. 27 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 2; S.I. 2012/2906, art. 2(j)

F20 Words in s. 27(1) substituted (9.5.2005 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 35(2); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1

F21 Word in s. 27(1) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 3; S.I. 2012/2906, art. 2(j)

F22 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 7

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 Ss. 24–26, 28 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W

Textual Amendments

F24 S. 29 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Miscellaneous provisions relating to procedure, appeals, evidence, etc. E+W

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W

Textual Amendments

F25 S. 30 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV

31 Jurisdiction and procedure in respect of certain indictable offences committed in foreign countries. E+W

(1) Any British subject employed under His Majesty’s Government in the United Kingdom in the service of the Crown who commits, in a foreign country, when acting or purporting to act in the course of his employment, any offence which, if committed in England, would be punishable on indictment, shall be guilty of an offence . . . F26 , and subject to the same punishment, as if the offence had been committed in England.

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F26 Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F27 S. 31(2)(3) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

32, 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W

Textual Amendments

F28 Ss. 32, 33 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 E+W

Textual Amendments

F29 S. 34 repealed by Criminal Justice Administration Act 1962 (c. 15), Sch. 5 Pt. II

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W

Textual Amendments

F30 S. 35 repealed by Juries Act 1974 (c. 23), Sch. 3

36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W

Textual Amendments

F31 S. 36 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

37 Bail on appeal, case stated or application for certiorari. E+W

(1) Without prejudice to the powers vested before the commencement of this Act in any court to admit or direct the admission of a person to bail—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

[F33 (b) the High Court may [F34 , subject to section 25 of the Criminal Justice and Public Order Act 1994,][F35 grant bail to] a person—

(i) who, after the decision of his case by the Crown Court, has applied to the Crown Court for the statement of a case for the High Court on that decision, or

(ii) who has applied to the High Court for an order of certiorari to remove proceedings in the Crown Court in his case into the High Court, or has applied to the High Court for leave to make such an application.]

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

[F37 (d) the High Court may [F34 ,subject to section 25 of the Criminal Justice and Public Order Act 1994,]grant bail to a person who has been convicted or sentenced by a magistrates’ court and has applied to the High Court for an order of certiorari to remove the proceedings into the High Court or has applied to the High Court for leave to make such an application.]

[F38 (1A) Where the court grants bail to a person under paragraph ( d ) of subsection (1) above—

(a) the time at which he is to appear in the event of the conviction or sentence not being quashed by the High Court shall be such time within ten days after the judgment of the High Court has been given as may be specified by the High Court; and

(b) the place at which he is to appear in that event shall be a magistrates’ court acting for the same petty sessions area as the court which convicted or sentenced him.]

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

[F40 (4) Criminal Procedure Rules may be made for authorising the recommittal, in such cases and by such courts or justices as may be prescribed by the rules, of persons released from custody under this section.]

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

(6) The time during which a person is [F42 released on] bail under paragraph (b), . . . F43 or (d) of subsection (1) of this section shall not count as part of any term of imprisonment under his sentence; and any sentence of imprisonment imposed by a court of summary jurisdiction, or, on appeal, by [F44 the Crown Court], after the imposition of which a person is so [F42 released on] bail, shall be deemed to begin to run or to be resumed as from the dayon which he is received in prison under the sentence; and for thepurposes of this subsection the expression “prison” shall be deemed to include a detention centre and remand home and the expression “imprisonment” shall be construed accordingly.

Textual Amendments

F32 S. 37(1)(a) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F33 S. 37(1)(b) substituted by Courts Act 1971 (c. 23), Sch. 8, para. 28(1)

F34 Words in s. 37(1)(b)(d) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 6; S.I. 1995/721, art. 2, Sch. Appendix A

F35 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(2)

F36 S. 37(1)(c) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F37 S. 37(1)(d) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(3)

F38 S. 37(1A) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(4)

F39 S. 37(2)(3) repealed by Bail Act 1976 (c. 63), Sch. 3

F40 S. 37(4) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 83; S.I. 2004/2066, art. 2(c)(iii) (with art. 3)

F41 S. 37(5) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F42 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(5)

F43 Word repealed by Criminal Justice Act 1967 (c. 80), s. 22(5), Sch. 7 Pt. I

F44 Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 24(b)

Modifications etc. (not altering text)

C1 S. 37 applied by Administration of Justice Act 1960 (c. 65) s. 4(2)

C2 S. 37(6) extended by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 113(4)

C3 S. 37(6) applied by Magistrates' Courts Act 1952 (c. 55), s. 89(3)

38

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

Textual Amendments

F45 S. 38(1) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F46 S. 38(2) repealed by Criminal Appeal Act 1966 (c. 31), Sch. 3

F47 S. 38(3)(4) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F48 S. 38(5) repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.

F49 S. 38(6) repealed by Administration of Justice Act 1960 (c. 65), Sch. 4

F50 39 Proof of previous convictions by finger–prints. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50 S. 39 repealed (1.1.2003) by 2001 c. 16, ss. 78(9), 137, Sch. 7 Pt. II(1); S.I. 2002/3032, art. 2(a)

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51 E+W

Textual Amendments

F51 S. 40 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

41 Evidence by certificate. E+W

(1) In any criminal proceedings, a certificate purporting to be signed by a constable, or by a person having the prescribed qualifications, and certifying that a plan or drawing exhibited thereto is a plan or drawing made by him of the place or object specified in the certificate, and that the plan or drawing is correctly drawn to a scale so specified, shall be evidence of the relative position of the things shown on the plan or drawing.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(4) Nothing in this section shall be deemed to make a certificate . . . F54 admissible as evidence in proceedings for an offence except in a case where and to the extent to which oral evidence to the like effect would have been admissible in those proceedings.

(5) Nothing in this section shall be deemed to make a certificate . . . F54 admissible as evidence in proceedings for any offence—

(a) unless a copy thereof has, not less than seven days before the hearing or trial, been served in the prescribed manner on the person charged with the offence; or

(b) if that person, not later than three days before the hearing or trial or within such further time as the court may in special circumstances allow, serves notice in the prescribed form and manner on the prosecutor requiring the attendance at the trial of the person who signed the certificate . . . F54

[F55 ( 5A ) [F56 Where the proceedings mentioned in subsection (1) above are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of—

(a) subsection (4), and

(b) in subsection (5), paragraph (b) and the word “or” immediately preceding it.]]

(6) In this section the expression “prescribed” means prescribed by rules made by the Secretary of State.

Textual Amendments

F52 S. 41(2) repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F53 S. 41(3) repealed by Theft Act 1968 (c. 60, s. 33(3), Sch. 3 Pt. III

F54 Words repealed by Theft Act 1968 (c. 60), s. 33(3), Sch. 3 Pt. III

F55 S. 41(5A) inserted (4.7.1996 but with effect as mentioned in Sch. 1 Pt. III para. 39) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 18 (with s. 78(1)); S.I. 1997/683, art. 1(2)

F56 S. 41(5A) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 35(3)Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4)

42 Order of speeches. E+W

(1) Notwithstanding anything in section two of the M1 Criminal Procedure Act 1865, as amended by section three of the M2 Criminal Evidence Act 1898, the prosecution shall not be entitled to the right of reply upon the trial of any person on indictment on the ground only that documents have been put in evidence for the defence.

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

Textual Amendments

F57 S. 42(2)(3) repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

Marginal Citations

M1 1865 c. 18.

M2 1898 c. 36.

43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58 E+W

Textual Amendments

F58 S. 43 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59 E+W

Textual Amendments

F59 S. 44 repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.

Part II E+W Administrative Provisions and Provisions as to Treatment of Prisoners, etc.

45—47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 E+W

Textual Amendments

F60 Ss. 45–47 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Institutions for offenders E+W

48

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

(5)–(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

Textual Amendments

F61 S. 48(1)(3) repealed by Prison Act 1952 (c. 52), Sch. 4 Pt. I

F62 Ss, 19, 20, 48(2), 52, 76(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F63 S. 48(4) repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F64 Ss. 48(5)–(7) 50, 51 repealed by Prison Act 1952 (c. 52), Sch. 4 Pt. I

49 Remand homes. E+W

(1) As from such date as may be specified in an order made by statutory instrument by the Secretary of State, no premises shall be used as a remand home unless a certificate of approval has been issued by the Secretary of State.

(2) The Secretary of State may by rules made under this Act apply to remand homes, with such adaptations and modifications as he thinks fit, the provisions of section seventy–nine and subsection (3) of section one hundred and six of the M3 Children and Young Persons Act 1933 (which relate to the approval of schools for the purposes of that Act and the evidence of such approval).

(3) No person shall be appointed after the commencement of this Act to be in charge of a remand home established by a county council or a county borough council unless his appointment has been approved by the Secretary of State.

(4) Councils of counties and county boroughs may provide in remand homes provided for their areas facilities for the observation of any person detained therein on whose physical or mental condition a medical report may be desirable for the assistance of the court in determining the most suitable method of dealing with his case, or may, if facilities for observation are available at any other institution or place, arrange for the use of those facilities for the observation of any such person as aforesaid.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

(6) Any expenses incurred by the council of a county or county borough in giving effect to arrangements made under subsection (4) of this section, and any sums paid by such a council under subsection (4) of the last foregoing section, shall be treated for the purposes of any grant under section one hundred and four of the Children and Young Persons Act 1933, as expenses of the council in respect of remand homes.

Textual Amendments

F65 S. 49(5) repealed by Children and Young Persons Act 1969 (c. 54), ss. 72(4), 73(1), Sch. 6, which repeal came into force 1.1.1971 by virtue of S.I. 1970/1498, art. 3, Sch. 1 appendix B

Modifications etc. (not altering text)

C4 S. 49(1)–(4), (6) repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), ss. 72(4), 73(1), Sch. 6

Marginal Citations

M3 1933 c. 12.

50, 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66 E+W

Textual Amendments

F66 Ss. 48(5)–(7) 50, 51 repealed by Prison Act 1952 (c. 52), Sch. 4 Pt. I

Rules for Management of Prisons, Etc. E+W

52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67 E+W

Textual Amendments

F67 Ss, 19, 20, 48(2), 52, 76(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

53—59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68 E+W

Textual Amendments

F68 Ss. 53–59 repealed by Prison Act 1952 (c. 52), Sch. 4 Pt. I

60, 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69 E+W

Textual Amendments

F69 Ss. 60, 61 repealed by Prison Act 1952 (c. 52) s. 55(3), Sch. 4 Pt. II

62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70 E+W

Textual Amendments

F70 S. 62 repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71 E+W

Textual Amendments

F71 S. 63 repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pts. I, II

64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72 E+W

Textual Amendments

F72 S. 64 repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I

Miscellaneous E+W

65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73 E+W

Textual Amendments

F73 S. 65 repealed by Prison Act 1952 (c. 52), s. 55(3), Sch. 4 Pt. II

66 Legal custody. E+W

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; and a constable, while taking or keeping any such person as aforesaid, shall have all the powers, authorities, protection and privileges of a constable as well beyond his constablewick as within it.

Modifications etc. (not altering text)

C5 S. 66 repealed (S.) by Statute Law (Repeals) Act 1977 (c. 18), Sch. Pt. IV

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74 E+W

Textual Amendments

F74 S. 67 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75 E+W

Textual Amendments

F75 S. 68 repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I

F76 69 Commutation of death sentence to sentence of imprisonment. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 S. 69 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3

70 Amendments of Forfeiture Act, 1870. E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

(2) Where any pension or superannuation allowance has been forfeited under section two of the M4 Forfeiture Act 1870, the authority by whom the pension or allowance was granted may restore the pension or allowance either in whole or in part:

Provided that no payment of pension or allowance in respect of any period before the commencement of this Act shall be made by virtue of this subsection.

Textual Amendments

F77 S. 70(1) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV

Marginal Citations

M4 1870 c. 23.

71, 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78 E+W

Textual Amendments

F78 Ss. 71, 72 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

Part III E+W Supplemental

73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79 E+W

Textual Amendments

F79 S. 73 repealed by Statute Law Repeals Act 1977 (c. 18), Sch. 1 Pt. IV

74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80 E+W

Textual Amendments

F80 S. 74 repealed by Children and Young Persons Act 1963 (c. 37), Sch. 5

75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81 E+W

Textual Amendments

F81 S. 75 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

76 Rules and orders. E+W

(1) Any power of the Secretary of State to make rules under this Act shall be exercised by statutory instrument.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

(3) Any power to make Orders in Council under this Act, and any power of the Secretary of State to make orders under this Act, shall include power to revoke or vary any such Order in Council or order by a subsequent Order in Council or order.

Textual Amendments

F82 Ss, 19, 20, 48(2), 52, 76(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

77 Expenses and grants payable out of moneys provided by Parliament. E+W

(1) Any expenses of the Secretary of State under this Act . . . F83

shall, to such amount as may be sanctioned by the Treasury, be defrayed out of moneys provided by Parliament.

(2)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

(6) There shall be paid out of moneys provided by Parliament any sums by which any grants under section one hundred and four of the M5 Children and Young Persons Act 1933 towards the expenses of councils of counties and county boroughs are increased by reason of any provisions of this Act.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Textual Amendments

F83 Words repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F84 S. 77(2)–(5)(7) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

Modifications etc. (not altering text)

C6 S. 77(6) repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), s. 73(2), Sch. 6

Marginal Citations

M5 1933 c. 12.

F85 78 Transitory provisions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 S. 78 repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 3

79

The enactments mentioned in the first column of the Ninth Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule (being amendments consequential upon the foregoing provisions of this Act or relating to matters of minor detail).

Modifications etc. (not altering text)

C7 The text of s. 79 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.

80 Interpretation. E+W

(1) In this Act, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say:—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

• [F87 “ Approved school ” means a school approved under section seventy–nine of the M6 Children and Young Persons Act 1933; ]

• [F88 “ Court ” does not include a court–martial; ]

• [F89 “ Court of summary jurisdiction ” includes examining justices within the meaning of the M7 Criminal Justice Act 1925; ]

• “Detention centre” has the meaning assigned to it by section forty–eight of this Act;

• “Enactment” includes an enactment contained in a local Act and any order, regulation or other instrument having effect by virtue of an Act;

• “England” includes Wales;

• “Impose imprisonment” means pass a sentence of imprisonment or commit to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone;

• “Local authority” means, in relation to any probation area, any authority out of whose funds the salary of the clerk to the justices for a [F90 petty sessions area] or place contained in the probation area is paid;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

• “Remand centre” has the meaning assigned to it by section forty–eight of this Act

• [F92 “ Remand home ” means premises established or used by the council of a county or county borough under the provisions of section seventy–seven of the Children and Young Persons Act 1933; ]

• “Sentence” includes an order for detention in a detention centre, . . . F93 , but does not include a committal in default of payment of any sum of money or failing to do or abstain from doing anything required to be done or left undone;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94

(2) Any reference in this Act to a previous sentence of imprisonment shall be construed as including a reference to a previous sentence of penal servitude; any such reference to a previous sentence of Borstal training shall be construed as including a reference to a previous sentence of detention in a Borstal institution; and any such reference to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.

(3) Where the age of any person at any time is material for the purposes of any provision of this Act, or of any Order in Council made thereunder, regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.

(4) References in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under [F95 any enactment], upon the imprisonment of offenders of his age, but shall not be construed as including an offence for which the court is required to impose a sentence of imprisonment for life.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96

(6) Where any provision of this Act empowers a court on conviction of an offender to pass a sentence or make an order in lieu of dealing with him in any other manner, the said provision shall not be construed as taking away any power of the court to order the offender to pay costs, . . . F97 or compensation.

(7) References in this Act to any enactment shall, unless the context otherwise requires, be construed as references to that enactment as amended by any subsequent enactment including this Act.

Textual Amendments

F86 Definition repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F87 Definition repealed (prosp.) by Children and Young Person Act 1969 (c. 54), ss. 72(4), 73(2), Sch. 6

F88 Words in s. 80(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) 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.I. 2009/1167, art. 4

F89 Words in s. 80 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 35(4)Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4)

F90 S. 80(1): words in definition of “local authority” substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 para. 17 (with Sch. 14 para. 7(2))

F91 Definitions repealed by Mental Health Act 1959 (c. 72), Sch. 8 Pt. I, Administration of Justice Act 1964 (c. 42), Sch. 5 and Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F92 Definition of “Remand Home” repealed (prosp.) by Children and Young Persons Act 1969 (c. 54), Sch. 6

F93 Words repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

F94 Definitions repealed by Criminal Courts Act 1973 (c. 62), Sch. 6 and Children and Young Persons Act 1969 (c. 54), Sch. 6

F95 Words substituted by Criminal Justice Act 1961 (c. 39), Sch. 4

F96 S. 80(5) repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

F97 Word repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

Marginal Citations

M6 1933 c. 12.

M7 1925 c. 86.

81 Application to Scotland. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98 this Act shall not extend to Scotland.

Textual Amendments

F98 Words repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV

82 †Application to Northern Ireland. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99 this Act shall not extend to Northern Ireland.

Textual Amendments

F99 Words repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV

Modifications etc. (not altering text)

C8 Unreliable marginal note

83 Short title, commencement and repeals. E+W

(1) This Act may be cited as the Criminal Justice Act 1948.

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100

Textual Amendments

F100 S. 83(2)(3) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. IV