Part I Criminal Procedure, etc.

Committal proceedings

1—6. Committal for trial without consideration of the evidence.

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

^F1,F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous provisions as to evidence, procedure and trial

8 Proof of criminal intent.

A court or jury, in determining whether a person has committed an offence,—

(a)shall not be bound in law to infer that he intended or foresaw a result of his actions by reason only of its being a natural and probable consequence of those actions; but

(b)shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances.

9 Proof by written statement. _cross-notes

(1)In any criminal proceedings [^F3, other than committal proceedings under sections 4 to 6 of the Magistrates’ Courts Act 1980,^F3] a written statement by any person shall, if such of the conditions mentioned in the next following subsection as are applicable are satisfied, be admissible as evidence to the like extent as oral evidence to the like effect by that person.

(2)The said conditions are—

(a)the statement purports to be signed by the person who made it;

(b)the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or did not believe to be true;

(c)before the hearing at which the statement is tendered in evidence, a copy of the statement is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and

(d)none of the other parties or their solicitors, [^F4within the relevant period^F4] , serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section:

[^F5 (2A) For the purposes of subsection (2)(d), “the relevant period” is—

(a)such number of days, which may not be less than seven, from the service of the copy of the statement as may be prescribed by Criminal Procedure Rules, or

(b)if no such number is prescribed, seven days from the service of the copy of the statement.^F5]

^F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Notwithstanding that a written statement made by any person may be admissible as evidence by virtue of this section—

(a)the party by whom or on whose behalf a copy of the statement was served may call that person to give evidence; and

(b)the court may, of its own motion or on the application of any party to the proceedings, require that person to attend before the court and give evidence.

(5)An application under paragraph (b) of the last foregoing subsection to a court other than a magistrates’ court may be made before the hearing and on any such application the powers of the court shall be exercisable

[^F7 (a)by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone.^F7][^F8 ; or

(b)subject to subsection (5A), by a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) sitting alone.

(5A)Subsection (5)(b) applies only where the application in question is to the Crown Court.^F8]

^F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section shall be treated as if it had been produced as an exhibit and identified in court by the maker of the statement.

^F10(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Proof by formal admission. _cross-notes

(1)Subject to the provisions of this section, any fact of which oral evidence may be given in any criminal proceedings may be admitted for the purpose of those proceedings by or on behalf of the prosecutor or defendant, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.

(2)An admission under this section—

(a)may be made before or at the proceedings;

(b)if made otherwise than in court, shall be in writing;

(c)if made in writing by an individual, shall purport to be signed by the person making it and, if so made by a body corporate, shall purport to be signed by a director or manager, or the secretary or clerk, or some other similar officer of the body corporate;

(d)if made on behalf of a defendant who is an individual, shall be made by his counsel or solicitor;

(e)if made at any stage before the trial by a defendant who is an individual, must be approved by his counsel or solicitor (whether at the time it was made or subsequently) before or at the proceedings in question.

(3)An admission under this section for the purpose of proceedings relating to any matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to that matter (including any appeal or retrial).

(4)An admission under this section may with the leave of the court be withdrawn in the proceedings for the purpose of which it is made or any subsequent criminal proceedings relating to the same matter.

^F11 11 Notice of alibi.

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

^F1212 Application of sections 9 to 11 to courts-martial.

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

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1314—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1417 Entry of verdict of not guilty by order of a judge.

Where a defendant arraigned on an indictment or inquisition pleads not guilty and the prosecutor proposes to offer no evidence against him, the court before which the defendant is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without [^F15any further steps being taken in the proceedings^F15] , and the verdict shall have the same effect as if the defendant had been tried and acquitted on the verdict of a jury [^F16or a court^F16] .

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F1719

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

^F18(2)For the purposes of this section any committal proceedings from which the proceedings on the summary trial arose shall be treated as part of the trial.

20 Power of magistrates’ court to commit on bail for sentence.

^M1,F20Where a magistrates’ court has power to commit an offender to a [^F19Crown Court^F19] under section 5 of the Vagrancy Act 1824 (incorrigible rogues). . . , the court may instead of committing him in custody commit him on bail.

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F2122 Extension of power of High Court to grant, or vary conditions of, bail.

[^F22 (1)Where

[^F23 (a)^F23] [^F24 a magistrates’ court^F24] withholds bail in criminal proceedings or imposes conditions in granting bail in criminal proceedings, [^F25 and

(b)it does so where an application to the court to state a case for the opinion of the High Court is made,^F25]

the High Court may ^F26 ... grant bail or vary the conditions.

[^F27 (1A)Where a magistrates' court withholds bail in extradition proceedings or imposes conditions in granting bail in extradition proceedings, the High Court may grant bail or vary the conditions.^F27]

(2)Where the High Court grants a person bail under this section it may direct him to appear at a time and place which the [^F24 magistrates’ court^F24] could have directed and the recognizance of any surety shall be conditioned accordingly.^F22]

(3)^F28,M2,F30Subsections ... (4) and (6) of section 37 of the Criminal Justice Act 1948 (ancillary provisions as to persons [^F29granted^F29] to bail by the High Court under that section and the currency of sentence in the case of persons so admitted) shall apply in relation to the powers conferred by this section and persons [^F29granted^F29] bail in pursuance of those powers as it applies in relation to the powers conferred by that section and persons [^F29granted^F29] bail in pursuance of those powers ...

(4) ^F31 In this section ... [^F32 ... ^F33 “bail in criminal proceedings” [^F34 , “extradition proceedings” ^F34] and “vary” shall have the same meanings as they have in the ^M3 Bail Act 1976. ^F32]

(5)^M4The powers conferred on the High Court by this section shall be in substitution for the powers so conferred by paragraphs (a), (b) and (c) of section 37(1) of the Criminal Justice Act 1948, but except as aforesaid this section shall not prejudice any powers of the High Court to admit or direct the admission of persons to bail.

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3524 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3625 Restriction on issue of search warrants under Obscene Publications Act 1959.

^M5A justice of the peace shall not issue a warrant under section 3(1) of the Obscene Publications Act 1959 (search for and seizure of obscene articles) except on an information laid by or on behalf of the Director of Public Prosecutions or by a constable.

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3727 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3828—30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F3931

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

^F40(3)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F41,F4232 Amendments of Costs in Criminal Cases Act 1952.

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

33 Taking and use of finger-prints and palm-prints.

^F43,M6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in section 39 of the Criminal Justice Act 1948 (proof of previous convictions by finger-print) any reference to finger-prints shall be construed as including a reference to palm-prints.

^F4434 Committal of persons under twenty-one accused of extradition crimes, etc.

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

35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4536 Interpretation of Part I.

(1)In this Part of this Act—

• ^F46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [^F47 “ committal proceedings ” means proceedings before a magistrates’ court acting a s examining justices; ^F47]

• ^F46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ director ”, in relation to a body corporate which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that body.

(2)Expressions used in any provision of this Part of this Act relating to magistrates’ courts or proceedings before such courts and also used in [^F48the Magistrates’ Courts Act 1980^F48] have the same meanings in any such provision as they have in that Act.

Part II Powers of Courts to Deal with Offenders

37—42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F4943 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F50 Enforcement of payment of fines, etc.

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5144A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5346 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5447 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5548

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

^F56(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5749 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F58,F6050 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F5951 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6152, 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6254

(1)—(3).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F64(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F63(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F65(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F63(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6555 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F66 Miscellaneous

^F6756 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F6858 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F69Part III Treatment of Offenders

Release of prisoners on licence and supervision of prisoners after release

^F70,F7159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F7260 . . .

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

^F7361 . . .

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

^F7462 . . .

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

63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F75,F7664 . . .

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

Miscellaneous

65 Abolition of corporal punishment in prison.

^M7Corporal punishment shall not be inflicted in any prison or other institution to which the Prison Act 1952 applies, and accordingly section 18 of that Act shall cease to have effect.

66

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

(2)Section 15 of the said Act of 1952 (provision of separate buildings for male and female prisoners confined in the same prison) shall cease to have effect.

(3)For sections 30 to 32 of the said Act of 1952 (discharged prisoners aid societies and allowances and expenses for discharged prisoners) there shall be substituted the following section:—

“30 Payments for discharged prisoners. _cross-notes

The Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine”

^F78(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 47(4) of that Act (duty to include in prison rules provisions for the special treatment of certain classes of prisoners) , paragraphs (b) and (c) (persons convicted of sedition, etc., and appellants) shall cease to have effect, and at the end of paragraph (d) (miscellaneous prisoners) there shall be added the words “or a person committed to custody on his conviction”.

^F7967 Computation of sentences of imprisonment passed in England and Wales.

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

68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F8069 Extension of enactments relating to persons sentenced to imprisonment or detention to young offenders sentenced to detention. _cross-notes

(1)^M8In section 38(3) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention and sentence) at the end there shall be added the following paragraph—

“(c)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 directions given by the Secretary of State, by the Minister of Home Affairs for Northern Ireland or by the Governor of the Isle of Man with the concurrence of the Secretary of State, and any other reference to a sentence of imprisonment or detention shall be construed accordingly.”

(2)^M9,F81,M10In section 49 of the Prison Act 1952 . . .and section 38(2) of the Prison Act (Northern Ireland) 1953 (persons unlawfully at large) any reference to a person sentenced to imprisonment shall be construed as including a reference to any such person as is mentioned in the foregoing subsection.

70 Prisoner transferred from Scotland to England for security.

(1)^F82Where the Secretary of State, in the case of a person serving a sentence of imprisonment,. . . in Scotland, is of the opinion that in the interests of security or of public safety that person ought to be transferred to a prison in England and Wales, he may make an order for his transfer to that prison:

(2)^M11A person transferred to England and Wales or transferred back to Scotland under this section shall be treated for all purposes as if he had been transferred to England and Wales or, as the case may be, Scotland under section 26 of the Criminal Justice Act 1961.

71 Exercise of powers of release.

Any power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act 1952 applies or from an approved school may be exercised notwithstanding that he is not for the time being detained in that institution or school and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that institution or school.

72 Power of magistrates to issue warrants for arrest of escaped prisoners and mental patients. _cross-notes

[^F83 (1)On an information in writing being laid before a justice of the peace for any area in England and Wales or Northern Ireland and substantiated on oath, or on an application being made to a sheriff, magistrate or justice of the peace in Scotland, alleging that any person is—

(a)an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or

(b)a convicted mental patient liable to be retaken under [^F84 section 18, 38(7) or 138 of the Mental Health Act 1983^F84] , section 36 or 106 of the ^M12Mental Health (Scotland) Act 1960 or [^F85 Article 29, 45(6) or 132 of the Mental Health (Northern Ireland) Order 1986^F85] (retaking of mental patients who are absent without leave or have escaped from custody);

the justice, sheriff or magistrate may issue a warrant to arrest him and bring him before a magistrates’ court for that area or, in Scotland, before any sheriff.

(2)Where a person is brought before a magistrates’ court or sheriff in pursuance of a warrant for his arrest under this section, the court or sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.

(3)[^F86 section 137 of the Mental Health Act 1983^F86] , section 105 of the ^M13Mental Health (Scotland) Act 1960 and [^F87 Article 131 of the Mental Health (Northern Ireland) Order 1986^F87] (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of [^F88 the said Act of 1983^F88] , 1960 [^F89 or 1984 or the said Order of 1986^F89] 1960 or 1961, as the case may be, to be so conveyed, kept or detained.

(4)In this section—

• “ convicted mental patient ” means a person liable after being convicted of an offence to be detained under [^F90 Part III of the Mental Health Act 1983 ^F90] , Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [^F91 (Northern Ireland) Order 1986 ^F91] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [^F92 or in pursuance of a hospital direction and a limitation direction ^F92] [^F93 or a person liable to be detained under ^F93] [^F90 section 38 of the said Act of 1983 ^F90] [^F94 or Article 45 of the Mental Health (Northern Ireland) Order 1986 ^F94] ;

• “ place of safety ” has the same meaning as in [^F90 Part III of the said Act of 1983 ^F90] or 1960 or Part III of the said [^F95 Order of 1986 ^F95] , as the case may be;

• “ Prison Act ” means the ^M14 Prison Act 1952, the ^M15 Prisons (Scotland) Act 1952 or the ^M16 Prison Act (Northern Ireland) 1953, as the case may be. ^F83]

(5)^M17Section 27 of the Criminal Justice Administration Act 1914 (power to issue warrants for the arrest of persons who may be arrested without a warrant) shall cease to have effect.

[^F96 (6)References in this section to offences include service offences within the meaning of the Armed Forces Act 2006.^F96]

Parts IV, V

73—84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F9785—88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F98Part VI Miscellaneous and General

Offences

89 False written statements tendered in evidence. _cross-notes

(1)^F99,F100If any person in a written statement tendered in evidence in criminal proceedings by virtue of section ... 9 of this Act ... wilfully makes a statement material in those proceedings which he knows to be false or does not believe to be true, he shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.

(2)^M18The Perjury Act 1911 shall have effect as if this section were contained in that Act.

90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F10191 Drunkenness in a public place. _cross-notes

(1)^F102Any person who in any public place is guilty, while drunk, of disorderly behaviour ... shall be liable on summary conviction to a fine not exceeding [^F103level 3 on the standard scale^F103] .

(2)^{M19,M20,M21,M22}The foregoing subsection shall have effect instead of any corresponding provision contained in section 12 of the Licensing Act 1872, section 58 of the Metropolitan Police Act 1839, section 37 of the City of London Police Act 1839, and section 29 of the Town Police Clauses Act 1847 (being enactments which authorise the imposition of a short term of imprisonment or of a fine not exceeding £10 or both for the corresponding offence) and instead of any corresponding provision contained in any local Act.

(3)The Secretary of State may by order repeal any provision of a local Act which appears to him to be a provision corresponding to subsection (1) of this section or to impose a liability to imprisonment for an offence of drunkenness or of being incapable while drunk.

(4) In this section “ public place ” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.

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

^F104 Increase of Fines, etc.

92 Increase of fines.

(1)The enactments specified in column 1 of Part I of Schedule 3 to this Act, (being enactments creating the offences broadly described in column 2 of that Part of that Schedule) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that enactment were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine of, or not exceeding, the amount specified in column 3 of that Schedule.

(2)The enactments specified in column 1 of Part II of the said Schedule 3 (being enactments which confer power to include in subordinate instruments a provision imposing a fine on summary conviction of any offence described in column 2 of that Part of that Schedule) shall each have effect as if the maximum amount of the fine which may be imposed by any provision contained in such an instrument and made under that enactment for any offence under the instrument were that specified in column 4 of that Schedule instead of that specified in column 3 of that Schedule.

(3)Any subordinate provision in force immediately before the commencement of this Act under an enactment specified in the said Part II shall, if it provides that the maximum amount of the fine which may be imposed on summary conviction of an offence specified in the provision shall be the amount specified in column 3 of the said Part II, have effect as if the said maximum amount were the amount specified in column 4 of the said Part II.

(4)The last foregoing subsection shall have effect subject to any subordinate provision made under any enactment specified in the said Part II after the commencement of this Act.

(5)The foregoing provisions of this section shall not affect the power of a court to impose a penalty for a continuing offence under any enactment specified in Part I of the said Schedule 3 or any subordinate provision made under an enactment specified in Part II of that Schedule except where such a penalty is expressly mentioned in column 3 of that Schedule; nor shall they affect the power of a court to award imprisonment under any such enactment or provision.

(6) In this section “ subordinate provision ” means a provision contained in an instrument made under an enactment.

^F105(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F106(9)Nothing in this section shall affect the amount of the fine which may be imposed on conviction of an offence committed before the commencement of this Act.

93 Alteration of maximum periods of imprisonment in default of payment of fines, etc.

(1)For the Table in paragraph 1 of Schedule 3 to the Magistrates’Courts Act 1952 (maximum periods of imprisonment in default of payment of fines,etc.) there shall be substituted the following Table:—

(2)In paragraph 3 of the said Schedule 3 (maximum periods of imprisonment in default of payment of sums due on summary conviction of a revenue offence) for the references to £20 and £50 there shall be substituted £50 and £100 respectively and for the reference to three months there shall be substituted a reference to ninety days.

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

^F107(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F108 Fees

94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F109 Administration of probation and after-care services

95 Probation and after-care areas and committees.

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

^F110(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F111(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F11296 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F11397 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F11498 Amendment of enactments relating to criminal appeals. _cross-notes

(1)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F115(6)The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments shown in that Schedule (being minor amendments to remove doubts and anomalies, and otherwise to facilitate the consolidation of the enactments relating to criminal appeals in England and Wales, the corresponding enactments applying to Northern Ireland and the enactments relating to appeals from courts-martial).

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

^F11699 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F117 Miscellaneous

100 Regulations, rules and orders.

(1)Any power conferred by this Act on a Minister of the Crown to make regulations, rules or orders other than orders under section 70(1) of this Act shall be exercisable by statutory instrument.

(2)^F118Any regulations or rules under this Act,. . . , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[^F119 (2A)An order shall not be made under section 60(1A) of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.^F119]

(3)Any order made under any provision of this Act by statutory instrument may be varied or revoked by a subsequent order made under that provision.

101 Expenses.

There shall be defrayed out of moneys provided by Parliament—

(a)any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F120102 Transitional provisions and savings.

Schedule 5 to this Act shall have effect for the purpose of the transition to the provisions of this Act from the law in force before the commencement of those provisions and with respect to the application of this Act to things done before the commencement of those provisions.

103 Minor and consequential amendments and repeals. _cross-notes

(1)The enactments specified in Schedule 6 to this Act shall have effect subject to the amendments set out in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2)The enactments specified in Schedule 7 to this Act (which include enactments which were obsolete or unnecessary before the passing of this Act) are hereby repealed to the extent specified in the third column of that Schedule.

104 General provisions as to interpretation.

(1)In this Act, except so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them; that is to say—

• ^F121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ court ” does not include [^F122 the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court ^F122] ;

• ^F123 . . .

• [^F124 “ extended sentence certificate ” means a certificate issued under section 28 of the ^M23 Powers of Criminal Courts Act 1973 stating that an extended term of imprisonment was imposed on an offender under that section ^F124] ;

• ^F123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ^F123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ^F123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ^M24 “ prison rules ” means rules under section 47 of the Prison Act 1952 ;

• “ sentence of imprisonment ” does not include a committal in default of payment of any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone;

• ^F125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F126 (1A) In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a)there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b)it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).^F126]

^F127(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any reference in this Act however expressed 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.

(4)Any reference 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 any enactment on the imprisonment of offenders of his age.

(5)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.

105 Northern Ireland.

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

^F128(3)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.

106 Short title, extent and commencement.

(1)This Act may be cited as the Criminal Justice Act 1967.

(2)The following provisions of this Act shall extend to Scotland, that is to say—

(a)so much of this Act as relates to courts-martial and appeals therefrom;

(b)[^F129 section 102^F129] and paragraphs 7, 10 to 12 and 14 of Schedule 5;

(c)Part III (except sections 63, 65, 66, 67 and 71) and Schedule 2;

(d)Part V;

(e)section 92 and Schedule 3 so far as they amend any enactment which extends to Scotland;

[^F130 (ee)section 100;^F130]

(f)^{F131,F132,M25,M26}so much of section 103(1) and Schedule 6 as amends. . . . . . , the Criminal Justice Act 1961 and the Criminal Justice (Scotland) Act 1963; and

(g)Part II of Schedule 7 and so much of section 103(2) as relates thereto;

but except as provided by this subsection and except so far as it relates to the interpretation or commencement of the said provisions this Act shall not extend to Scotland.

(3)The following provisions of this Act shall extend to Northern Ireland, that is to say—

(a)so much of this Act as relates to courts-martial and appeals therefrom;

(b)^F133sections. . . 69 and 72;

(c)so much of section 92 and Parts I and II of Schedule 3 as is extended to Northern Ireland by Part IV of that Schedule;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F134(e)^F132,M27so much of section 103(1) and Schedule 6 as amends. . . the Criminal Justice Act 1961;

(f)section 105; and

(g)Part III of Schedule 7 and so much of section 103(2) as relates thereto;

but except as provided by this subsection and except so far as it relates to the interpretation or commencement of the said provisions this Act shall not extend to Northern Ireland.

(4)Sections 69(1) and 92 of, and Schedule 3 to, this Act, so far as they amend any enactment which extends to the Channel Islands or the Isle of Man, shall extend to the Channel Islands or the Isle of Man, as the case may be.

(5)This Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be so appointed for different purposes of this Act, and any reference in any provision of this Act to the commencement of this Act shall be construed as a reference to the day so appointed for the coming into force of that provision, and any such reference to the commencement of a provision of this Act shall be construed as a reference to the day appointed for the coming into force of the provision referred to.

(6)Without prejudice to Schedule 5 to this Act, any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

SCHEDULES

^F135,F135SCHEDULE 1

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

Section 59.

^F136,F137SCHEDULE 2 Provisions as to Parole Board and Local Review Committees

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

Section 92.

SCHEDULE 3 Increase of Fines _cross-notes

Part I Increase of fines fixed by enactments

Part II Increase of Limit on Fines which may be imposed by Subordinate Instruments

Part III Amendment of Section 24 of the Public Health (Scotland) Act 1897 (c.38)

^F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Amendments Extending to Northern Ireland

Section 92 and Parts I and II of this Schedule shall extend to Northern Ireland so far as they amend the following enactments:—

^F189. . .

^M34section 6 of the Dockyard Ports Regulation Act 1865;

^M35section 11 of the Post Office (Protection) Act 1884;

^M36section 17 of the Military Lands Act 1892;

^M37sections 2 and 3 of the Uniforms Act 1894;

^F190. . .

. . .

^F191. . .

^F192. . .

^F193. . .

^F193,F189. . .

. . .

^F193,M38sections 6(6) and 45(6) of the Agricultural Marketing Act 1958.

Section 98.

SCHEDULE 4 Miscellaneous Amendments of Enactments relating to Criminal Appeal _cross-notes

1—8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F194 9—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F195 16—19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F196 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F197 21, 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F198 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F199 The Administration of Justice Act 1960 (c. 65)

24 In section 4 (power to grant bail pending appeal to the House of Lords) as it applies to England and Wales,—

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

^F200(b) in subsection (2) for the words “an appellant pending an appeal under section one of this Act in such proceedings” there shall be substituted the words “an appellant under section 1 of this Act, or a person applying for leave to appeal thereunder, pending the appeal”.

25 In section 4, as it applies to Northern Ireland—

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

^F201(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F202 26 In section 5 (power to order detention of defendant pending appeal by Crown) as it applies to England and Wales and also as it applies to Northern Ireland,—

(a) in subsection (1) after the word “bail” there shall be inserted the words “(which may be granted by the court as under section 4 above)” ;and

(b) subsection (2) shall be omitted.

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F203 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F204 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F205 30 In section 9(3) (provision as to presence of defendant on hearing of appeal), as it applies to England and Wales, for the words “or rules of court as the case may be authorise” there shall be substituted the word “authorises”.

31, 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F206 33—35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F207 36, 37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F208 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F209 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F210 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F211 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F212Section 102.

SCHEDULE 5 Transitional Provisions and Savings

Juries

^F213 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F214 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prisoners sentenced to corrective training or preventive detention

3 A person sentenced to corrective training or preventive detention in England and Wales who was or ought to have been detained in pursuance of his sentence immediately before the commencement of section 60 of this Act shall be treated for purposes of detention, release, recall and otherwise as having been sentenced to a term of imprisonment of the same length as the term of his original sentence and, if he was originally sentenced to preventive detention, he shall also be so treated as if an extended sentence certificate had been issued in respect of him.

4 ^M39A person sentenced to corrective training who immediately before the commencement of the said section 60 was subject to a licence under section 26 of the Prison Act 1952 (release on licence of prisoner sentenced to corrective training or preventive detention) shall be treated for all purposes as if his sentence had expired.

5 A person sentenced to preventive detention who immediately before the commencement of the said section 60 was subject to a licence as aforesaid shall be treated for the purposes of Part III of this Act as if he had been released on licence under subsection (3)(a) of that section and as if the requirements specified in the licence under the said section 26 were conditions specified in a licence under the said paragraph (a).

Release of prisoners, etc. on licence

6 ^M40A person serving any part of a sentence of imprisonment after the commencement of section 67 of this Act, being a sentence which fell to be reduced under section 17(2) of the Criminal Justice Administration Act 1962 (duration of sentence), shall, for the purpose of determining under section 60(1) of this Act whether he has served one-third of his sentence, be treated as if any period spent in custody between conviction and sentence and taken into account under the said section 17(2) were included in his sentence and as if he had served that period as part of that sentence.

7 ^M41,M42A person sentenced to a term of imprisonment within the meaning of section 60 of this Act for eighteen months or more and subject immediately before the commencement of that section to a licence under section 25 of the Prison Act 1952 or section 20 of the Prisons (Scotland) Act 1952 (release on licence instead of remission in the case of prisoners under twenty-one) shall be treated as if he had been released on licence under section 60(3)(b) of this Act and as if the requirements specified in the licence under the said section 25 or 20 were conditions specified in a licence under the said paragraph (b).

8 ^M43A person sentenced to a term of imprisonment for less than eighteen months and subject immediately before the commencement of the said section 60 to a licence under the said section 25 shall be subject to supervision under Schedule 1 to the Criminal Justice Act 1961 (supervision of persons released from detention centres) until the expiration of the period for which he would have been subject to supervision under the said section 25 and as if the requirements specified in the licence under the said section 25 had been specified in a notice given to him under that Schedule; and that Schedule and section 63(2) of this Act shall apply to any such person as they apply to a person mentioned in section 63(1) of this Act with the substitution for any reference in that Schedule to a period of twelve months from the date of a person’s release of a reference to the period between his release and the expiration of the time for which he would have been subject to supervision as aforesaid.

9 Where a person was sentenced to a term of imprisonment for less than eighteen months and was immediately before the commencement of section 60 of this Act in prison by reason of having been recalled under the said section 25, the said Schedule 1 and section 63(2) shall apply to him as they apply to a person mentioned in the said section 63(1) subject to the modification mentioned in the last foregoing paragraph, and he shall be treated for the purposes of that Schedule as if he had been recalled thereunder.

10 ^{M44,M45,M46,M47}A person subject immediately before the commencement of section 61 of this Act to a licence under any of the following enactments, that is to say, section 27 of the Prison Act 1952, section 21 of the Prisons (Scotland) Act 1952 (persons serving imprisonment for life), section 53(4) of the Children and Young Persons Act 1933 or section 57(4) of the Children and Young Persons (Scotland) Act 1937 (young offenders convicted of grave crimes), shall be treated as if he had been released on licence under the said section 61 and as if the conditions contained in a licence under any of the said enactments had been specified in a licence under the said section 61 and, in the case of a person released after being sentenced under section 53(2) of the said Act of 1933 or section 57(2) of the said Act of 1937 to be detained otherwise than for life, as if a licence granted to him under the said section 61 had specified the date of the expiration of his sentence as the date until which the licence is to remain in force.

11 ^M48,M49Where any person sentenced to imprisonment for life or sentenced under section 53 of the Children and Young Persons Act 1933 or section 57 of the Children and Young Persons (Scotland) Act 1937 to be detained was notified before the commencement of section 61 of this Act that the Secretary of State proposed to release him under any enactment mentioned in the last foregoing paragraph, the Secretary of State may release him on licence under the said section 61, whether or not recommended to do so by the Parole Board or the Parole Board for Scotland.

12 Any person who immediately before the commencement of sections 60 to 62 or section 69 of this Act was unlawfully at large or liable to be arrested without warrant under any enactment superseded by any provision of those sections shall, so long as he is at large, be (or continue to be) unlawfully at large.

Non-payment of fines, etc.

13 ^M50Notwithstanding anything in this Act, sections 69 and 70 of the Magistrates’ Courts Act 1952, as in force immediately before the commencement of sections 44 to 46 of this Act, shall continue to apply, and the last-mentioned sections shall not apply, to a sum adjudged to be paid by a conviction of a magistrates’ court if before the commencement of the last-mentioned sections a magistrates’ court has fixed a term of imprisonment for default in paying that sum.

14 Section 93 of this Act shall not apply to a term of imprisonment to be served by a defaulter which has been fixed or imposed before the commencement of that section.

Legal aid

^F215 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F216 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal appeals

^F217 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 103.

SCHEDULE 6 Minor and Consequential Amendments _cross-notes

The Vagrancy Act 1824 (c. 83)

1 In section 5 (committal of incorrigible rogues to quarter sessions) for the words from “to the house of correction” onwards there shall be substituted the words “to quarter sessions, either in custody or on bail”.

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F218 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F219 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F220 The Children and Young Persons Act 1933 (c. 12)

5 In section 55(4) (manner in which fine, etc., ordered to be paid by parent or guardian of young offender may be recovered) the words “by distress or imprisonment” shall be omitted.

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F221 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F222 The Prison Act 1952 (c. 52)

8 In section 43(4)(a) (application of provisions of that Act) for the words from “subsections”, where it first occurs to “thirty” there shall be substituted the words “section twenty-eight”.

9—13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F223 The Magistrates’ Courts Act 1952 (c. 55)

14 In section 72A(2) (court of summary jurisdiction in Scotland to be specified in a transfer of fine order) for the words “twenty Pounds or more” there shall be substituted the words “more than fifty pounds or is a fine originally imposed by a court of assize or quarter sessions”.

15 In section 72A(3) (termination of functions of convicting court) for the words “convicting court” there shall be substituted the words “court which made the order”.

16 In section 72B (powers of magistrates’ court under transfer of fine order from Scotland) there shall be added the following subsection:—

“(3)Where a transfer of fine order under section 44 of the Summary Jurisdiction (Scotland) Act 1954 provides for the enforcement in a petty sessions area in England and Wales of a fine originally imposed by a court of assize or quarter sessions, a magistrates’ court acting for that area shall have all the like functions under this Part of this Act, exercisable subject to the like restrictions, as if it were the magistrates’ court by which payment of the fine fell to be enforced by virtue of section 44(3) of the Criminal Justice Act 1967 and as if any order made under the said Act of 1954 in respect of the fine before the making of the transfer of fine order had been made by that court.”

17—20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F224 The Summary Jurisdiction (Scotland) Act 1954 (c. 48)

[^F225 21 Section 44 (transfer of fine orders within and from Scotland) shall be amended as follows, that is to say—

(a) in subsection (2) for the words “fine was imposed” there shall be substituted the words “order is made”;

(b) in (3) for the words “ imposing the fine” there shall be substituted the words “ which made the order”; and

(c) at the end there shall be added the following subsection—

“(5)Where a transfer of fine order under section 72A of the Magistrates’Courts Act 1952 or this section provides for the enforcement by a sheriff court in Scotland of a fine imposed by court of assize or quarter sessions, the proviso to the last foregoing subsection shall not apply, but the term imprisomnment which may be imposed under this Act shall be the term fixed in pursuance of section 47 of the Criminal Justice Act 1967 by that court of assize or quarter sessions or a term which bears the same proportion to the term so fixed as the amount of fine remaining due bears to the amount of the fine imposed by that court, notwithstanding that the term exceeds the period applicable to the case under section 49(1) of this Act.”^F225]

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F226 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F227 The Criminal Justice Act 1961 (c. 39)

24 For section 32(2) (enactments about supervision and recall of persons released from prison which are to apply throughout the United Kingdom, etc.), there shall be substituted the following subsection:—

“(2)The following are the enactments extended by this section, that is to say :—

(a)section 45 of the Prison Act 1952 ;

(b)sections 19 and 33 of the Prisons (Scotland) Act 1952 ;

(c)section 55(4) of the Children and Young Persons Act (Northern Ireland) 1950 ;

(d)sections 20, 21, 22 and 23 of the Prison Act (Northern Ireland) 1953, and Schedules 1, 2 and 3 to that Act ;

(e)section 13 of and Schedule I to this Act ;

(f)sections 11, 12 and 14 of the Criminal Justice (Scotland) Act 1963 and Schedule 1 to that Act ; and

(g)sections 60 to 63 of the Criminal Justice Act 1967.”

25 In section 40 (Northern Ireland) at the end there shall be added the following subsection—

“(2)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 that Parliament, whether passed before or after this Act,and to any enactment of that Parliament passed after this Act re-enacting the said enactment with or without modifications.”

The Criminal Justice (Scotland) Act 1963 (c. 39)

26 In section 12(1) (supervision of persons released from young offenders institutions), after the word “more” there shall be inserted the words “but less than eighteen months”.

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F228 The Forestry Act 1967 (c. 10)

28 In section 46(5)(c) (penalty for contravention of byelaws by the Forestry Commissioners) for the words “either case” there shall be substituted the words “the case of a continuing offence falling within either of the foregoing paragraphs”.

SCHEDULE 7 Enactments Repealed _cross-notes

Part I Repeals Applying to England and Wales

Part II Repeals Extending to Scotland

Part III Repeals Extending to Northern Ireland