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F1 S. 2 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt.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F2 S. 3–12 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6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F3 S. 13 repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt.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F4 S. 14 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6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F5 S. 15 repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt.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F6 S. 16 repealed by Homicide Act 1957 (c. 11), Sch. 2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 17 to 20. E+W

(1) Where a court remands a person charged with or convicted of an offence or commits him for trial or sentence and he is not less than seventeen 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 [F19 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 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 7

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 E+W

Textual Amendments

F20 Ss. 24–26, 28 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W

Textual Amendments

F21 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W

Textual Amendments

F22 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 . . . F23 , and subject to the same punishment, as if the offence had been committed in England.

(2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F23 Words repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

F24 S. 31(2)(3) repealed by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III

32, 33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W

Textual Amendments

F25 Ss. 32, 33 repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W

Textual Amendments

F26 S. 34 repealed by Criminal Justice Administration Act 1962 (c. 15), Sch. 5 Pt. II

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27 E+W

Textual Amendments

F27 S. 35 repealed by Juries Act 1974 (c. 23), Sch. 3

36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W

Textual Amendments

F28 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

[F30 (b) the High Court may [F31 , subject to section 25 of the Criminal Justice and Public Order Act 1994,][F32 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

[F34 (d) the High Court may [F31 ,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.]

[F35 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

(4) Rules of court may be made under section [F37 84 of the Supreme Court Act 1981]—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

(b) 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;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(6) The time during which a person is [F41 released on] bail under paragraph (b), . . . F42 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 [F43 the Crown Court], after the imposition of which a person is so [F41 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

F29 S. 37(1)(a) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F30 S. 37(1)(b) substituted by Courts Act 1971 (c. 23), Sch. 8, para. 28(1)

F31 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

F32 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(2)

F33 S. 37(1)(c) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F34 S. 37(1)(d) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(3)

F35 S. 37(1A) substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(4)

F36 S. 37(2)(3) repealed by Bail Act 1976 (c. 63), Sch. 3

F37 Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 5

F38 S. 37(4)(a) repealed by Bail Act 1976 (c. 63), Sch. 3

F39 Words repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

F40 S. 37(5) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV

F41 Words substituted by Bail Act 1976 (c. 63), Sch. 2 para. 11(1)(5)

F42 Word repealed by Criminal Justice Act 1967 (c. 80), s. 22(5), Sch. 7 Pt. I

F43 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

Textual Amendments

F44 S. 38(1) repealed by Criminal Appeal Act 1968 (c. 19), Sch. 7

F45 S. 38(2) repealed by Criminal Appeal Act 1966 (c. 31), Sch. 3

F46 S. 38(3)(4) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F47 S. 38(5) repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.

F48 S. 38(6) repealed by Administration of Justice Act 1960 (c. 65), Sch. 4

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

(1) A previous conviction may be proved against any person in any criminal proceedings by the production of such evidence of the conviction as is mentioned in this section, and by showing that his finger–prints and those of the person convicted are the finger–prints of the same person.

(2) A certificate purporting to be signed by or on behalf of the Commissioner of Police of the Metropolis, containing particulars relating to a conviction extracted from the criminal records kept by him, and certifying that the copies of the finger–prints exhibited to the certificate are copies of the finger–prints appearing from the said records to have been taken [F49 under or by virtue of any enactment in that behalf in force in any part of the United Kingdom (including an enactment of the Parliament of Northern Ireland)], from the person convicted on the occasion of the conviction, shall be evidence of the conviction and evidence that the copies of the finger–prints exhibited to the certificate are copies of the finger–prints of the person convicted.

(3) A certificate purporting to be signed by or on behalf of the governor of a prison or remand centre in which any person have been detained in connection with any criminal proceedings, certifying that the finger–prints exhibited thereto were taken from him while he was so detained, shall be evidence in those proceedings that the finger–prints exhibited to the certificate are the finger–prints of that person.

(4) A certificate, purporting to be signed by or on behalf of the Commissioner of Police of the Metropolis, and certifying that the finger–prints, copies of which are certified as aforesaid by or on behalf of the Commissioner to be copies of the finger–prints of a person previously convicted and the finger–prints certified by or on behalf of the governor as aforesaid, or otherwise shown, to be the finger–prints of the person against whom the previous conviction is sought to be proved are the finger–prints of the same person shall be evidence of the matter so certified.

(5) The method of proving a previous conviction authorised by this section shall be in addition to any other method of proving the conviction.

Textual Amendments

F49 Words substituted by Criminal Justice Act 1961 (c. 39), Sch. 4

40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50 E+W

Textual Amendments

F50 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

(4) Nothing in this section shall be deemed to make a certificate . . . F53 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 . . . F53 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 . . . F53

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

Textual Amendments

F51 S. 41(2) repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

F52 S. 41(3) repealed by Theft Act 1968 (c. 60, s. 33(3), Sch. 3 Pt. III

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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

Textual Amendments

F54 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55 E+W

Textual Amendments

F55 S. 43 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 E+W

Textual Amendments

F56 S. 44 repealed by Costs in Criminal Cases Act 1952 (c. 48), Sch.