Criminal Justice Act 1967

• (3) Costs required by this section to be paid in respect of any proceedings shall not include any sum in respect of allowances to witnesses attending to give evidence in those proceedings in any case where such allowances are payable under the provisions of any other enactment.

• (4) Costs required by this section to be paid out of the legal aid fund shall be paid in like manner as costs which fall to be so paid under Part I of the Legal Aid and Advice Act 1949 and—

• (a) the functions of the Law Society under that Part of that Act shall include securing the payment of costs so required and the recovery of sums due to the legal aid fund under this Part of this Act; and

• (b) references to that Part of that Act in sections 8(3) to (5), 9(2) to (9) and 11 of that Act (administration and financing of the legal aid scheme under that Part of that Act) shall be construed as including references to this Part of this Act, so far as it relates to the payment of costs and the recovery of sums as aforesaid.

• (5) The costs of any proceedings before a court, or any matters preliminary or incidental to any such proceedings, which are required by this section to be paid out of any fund mentioned in subsection (1)(b) or (d) of this section shall be treated for the purpose of the Costs in Criminal Cases Act 1952 as if they had been ordered by that court to be paid out of local funds.

• (6) Costs required by this section to be paid out of any fund mentioned in the said subsection (1)(b) or (d) shall be repaid by the Secretary of State, in accordance with arrangements made by him with the approval of the Treasury, to the local authority by which the fund is maintained.

• (7) A local authority shall not be entitled to any payment under this section on account of sums included in an order for payment of costs which is enforceable by the authority, except in so far as the Secretary of State is satisfied that those sums cannot be recovered by virtue of that order.

Solicitors and counsel.

82

• (1) Any practising barrister or solicitor may be assigned to act for a legally assisted person unless he is for the time being excluded by virtue of the next following subsection as being unfit so to act by reason of his conduct when acting for legally assisted persons or his professional conduct generally.

• (2) The Lord Chancellor may make rules—

• (a) empowering a tribunal established under the rules—

• (i) to hear and determine complaints against a barrister or solicitor;

• (ii) to exclude from acting for legally assisted persons (whether permanently or temporarily) any barrister or solicitor against whom a complaint is proved and, in the case of a member of a firm of solicitors, any other person who is for the time being a member of the same firm ;

• (iii) to reduce or cancel the remuneration otherwise payable to any such barrister or solicitor or to his firm under a legal aid order;

• (iv) to order any such barrister or solicitor to pay all or any of the costs of the proceedings on any such complaint;

• (b) regulating the making of complaints to that tribunal and the disposal by the tribunal of complaints so made; and

• (c) providing for the notification of the decisions of that tribunal to all courts which have power under section 73 of this Act to make a legal aid order.

• (3) Where a barrister or solicitor is aggrieved by any decision of the tribunal excluding him (whether permanently or temporarily) from acting for legally assisted persons, he may appeal against the decision to the High Court, and the High Court (whose decision shall be final) may confirm or quash the decision appealed against or may substitute such other decision as the court thinks fit.

• (4) Provision shall be made by rules of court for regulating appeals to the High Court under the last foregoing subsection, and those rules shall provide for limiting the time within which appeals may be brought.

• (5) The expenses of any tribunal established by virtue of this section shall be defrayed out of the legal aid fund and—

• (a) the functions of the Law Society under Part I of the Legal Aid and Advice Act 1949 shall include securing the payment of such expenses ; and

• (b) references to that Part of that Act in sections 8(3) to (5), 9(2) to (9) and 11 of that Act (administration and financing of the legal aid scheme under that Part of that Act) shall be construed as including references to this subsection.

Regulations.

83

• (1) Without prejudice to any other provision of this Part of this Act authorising the making of regulations or rules, the Secretary of State may make such regulations as appear to him necessary or desirable for giving effect to this Part of this Act or for preventing abuses thereof and, in particular, any such regulations may—

• (a) make provision as to the manner of making applications for legal aid under this Part of this Act and the time when such applications may be made and disposed of;

• (b) provide for the exercise of the powers of any court under this Part of this Act by a person entitled to sit as a member of the court or any officer of the court;

• (c) confer on any person aggrieved by a decision of any such officer exercising those powers a right to have the matter determined by the court or, if it is so prescribed, by a person entitled to sit as a member of the court;

• (d) require any officer of a prescribed court to report to the court or any person entitled to sit as a member of the court any case in which it appears to him that, although no application has been made for the purpose, a legal aid order ought to be made under section 73 of this Act;

• (e) make provision with respect to the manner in which counsel and solicitors are to be assigned to legally assisted persons in pursuance of legal aid orders;

• (f) prescribe the rates or scales of payment of any costs payable in accordance with section 81(1) of this Act and the conditions under which such costs may be allowed;

• (g) provide for the assessment and taxation of such costs and for the review of any assessment made or taxation carried out under the regulations;

• (h) provide for the giving of information, by courts by which, or officers by whom, legal aid orders or orders for the payment of costs under the Costs in Criminal Cases Act 1952 are made, to persons responsible for the administration of funds mentioned in section 81(1) of this Act, and for the giving of information as aforesaid, where an order is made under section 76(1) of this Act, to the appropriate authority; and

• (i) prescribe the forms to be used for the purposes of this Part of this Act.

• (2) The Secretary of State in making regulations under this section as to the amounts payable to counsel or a solicitor assigned to give legal aid under this Part of this Act, and any person by whom any such amount falls to be assessed, taxed or reviewed under the regulations, shall have regard to the principle of allowing fair remuneration according to the work actually and reasonably done.

• (3) Regulations under this section may make different provision for different cases.

Interpretation of Part IV.

84

In this Part of this Act, except so far as the context otherwise requires—

• " appropriate authority " means— in relation to legal aid ordered to be given for the purpose of or in connection with an appeal to or from the Courts-Martial Appeal Court, the Secretary of State; in any other case, the clerk of the magistrates' court (if any) by which the legally assisted person was tried or dealt with or from which an appeal was brought, or by which he was committed to a court of assize or quarter sessions for trial or sentence, or, where he was tried or dealt with otherwise than after being committed by a magistrates' court, the clerk of the magistrates' court nominated for the purposes of this paragraph by the court by which he was tried or dealt with;

• " committed for sentence " means committed under the Vagrancy Act 1824, section 6 or 8 of the Criminal Justice Act 1948, section 28 or 29 of the Magistrates' Courts Act 1952, section 67 of the Mental Health Act 1959 or section 41 or 62(6) of this Act;

• " legal aid fund " means the legal aid fund established under the Legal Aid and Advice Act 1949;

• " prescribed " means prescribed by regulations made under this Part of this Act.

PART V — Firearms

Prohibition on possessing or acquiring a shot gun without a certificate.

85

Restrictions on gifts of shot guns.

86

• (1) No person shall make a gift of any shot gun or ammunition for a shot gun to any person under the age of fifteen.

• (2) Any person who contravenes the foregoing subsection shall be liable on summary conviction to a fine not exceeding £50; and the court by which he is convicted may make such order as to the forfeiture or disposal of the shot gun or ammunition in respect of which the offence was committed as the court thinks fit.

• (3) In any proceedings for an offence under this section committed by making a gift of a shot gun or ammunition to a person under the age of fifteen it shall be a defence to prove that the defendant believed the other person to be of or over that age and had reasonable ground for the belief.

Amendment of enactments relating to firearms.

87

• (1) In section 2(4) of the Firearms Act 1937 (period of validity and renewal of a firearm certificate) after the words " three years " where they first occur there shall be inserted the words " or such shorter period as may be prescribed " and after those words in the second place where they occur there shall be inserted the words " or a further prescribed period ".

• (2) In section 8(1) of the said Act of 1937 (registration of firearms dealers), in paragraph (a) of the proviso, for the words from " or subsection (5) " to " the said subsection (5) " there shall be substituted the words " or by order of a court in Northern Ireland made under section 8(5) of the Firearms Act 1920 ".

• (3) In section 12(3) of the said Act of 1937 (power of constables and others to call for and inspect register of firearms transactions kept by a dealer), paragraph (c) and the words " in each case " shall be omitted.

• (4) In section 16(1)(a) of the said Act of 1937 as amended by section 9(1) of the Firearms Act 1965 (exemption of shot guns from the provisions of Part I of the said Act of 1937) at the end there shall be added the words " not being an air gun " ; and accordingly those words shall also be added at the end of the definitions of shot gun in section 4 of the Air Guns and Shot Guns, etc., Act 1962 and section 10 of the said Act of 1965.

• (5) In section 19 of the said Act of 1937 (provisions to prevent minors from having firearms)—

• (a) for subsection (2) there shall be substituted the following subsection:—

(2) No person shall make a gift of or lend any firearm or ammunition to which Part I of this Act applies to any person under the age of fourteen.

• (b) for the words in subsection (1) from " to any other person " to the end, and for the words in subsection (3) " to any other person whom he knows or has reasonable ground for believing to be under the age of fourteen years " there shall be substituted in each case the words " to any person under that age " ;

and at the end of the section there shall be added the following subsection:—

(4A) In any proceedings for an offence— (a) under subsection (1) of this section committed by selling or letting on hire a firearm or ammunition to a person under the age of seventeen years; or (b) under subsection (2) committed by making a gift of or lending a firearm or ammunition to a person under the age of fourteen years; or (c) under subsection (3) committed by parting with the possession of a firearm or ammunition to a person under the age of fourteen years, being in any of those cases an offence committed after the coming into force of section 86(3) of the Criminal Justice Act 1967, it shall be a defence to prove that the person charged with the offence believed the other person to be of or over the age of seventeen years or, as the case may be, fourteen years and had reasonable ground for the belief.

• (6) In section 24 of the said Act of 1937 (shortening shot guns and converting imitation firearms into real) for references to a smooth bore gun there shall be substituted references to a shot gun; and in subsection (4) of the section for the words " or a firearm which has been converted as aforesaid " there shall be substituted the words " contrary to subsection (1) of this section, or a firearm which has been converted contrary to subsection (2) ".

• (7) Rules under section 30 of the said Act of 1937 (general power to make rules)—

• (a) may require any application for a firearm certificate or shot gun certificate to be accompanied by a photograph of the applicant;

• (b) may require the verification in the prescribed manner of any prescribed particulars and of the likeness of any such photograph to the applicant;

• (c) may make different provision for different cases.

• (8) In section 32(1) of the said Act of 1937 (interpretation) after the definition of " offence under this Act " there shall be inserted the following definition:—

• ' premises ' includes any land

.

• (9) For subsection 1(1) of the Air Guns and Shot Guns, etc., Act 1962 (restrictions upon the use and possession of air weapons) there shall be substituted the following subsection:—

(1) No person shall make a gift of any air weapon or ammunition for an air weapon to any person under the age of fourteen

.

• (10) In section 3(1) of the said Act of 1962 (penalties for offences under that Act) for the words from " imprisonment for a term " to " fine or both) " there shall be substituted the words " a fine not exceeding £50 ".

• (11) Any reference in the said Act of 1962 to a person's having any description of firearm or ammunition in his possession shall be construed as a reference to his having it with him.

• (12) In section 7 of the Firearms Act 1965 (increase of penalties for offences under the Act of 1937) after the words " offence under'' there shall be inserted the words " or punishable under ".

Supplemental.

88

• (1) In this Part of this Act " shot gun " means a weapon specified in section 16(1)(a) of the Firearms Act 1937.

• (2) Any reference in Part III of the said Act of 1937 to that Act shall be construed as including a reference to this Part of this Act.

Part VI — Miscellaneous and General

Offences

False written statements tendered in evidence.

89

• (1) If 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) The Perjury Act 1911 shall have effect as if this section were contained in that Act.

False statements as to means.

90

Drunkenness in a public place.

91

• (1) Any person who in any public place is guilty, while drunk, of disorderly behaviour ... shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase of Fines, etc.

Increase of fines.

92

• (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.

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

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

• (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.

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

93

• (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:—

An amount not exceeding £2	seven days
An amount exceeding £2 but not exceeding £5	fourteen days
An amount exceeding £5 but not exceeding£20	thirty days
An amount exceeding £20 but not exceeding £50	sixty days
An amount not exceeding £50	ninety days

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees

Abolition of fees in criminal proceedings in magistrates' courts

94

Administration of probation and after-care services

Probation and after-care areas and committees.

95

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions.

96

Criminal appeals

New provision as to appeal against sentence passed at assizes or quarter sessions.

97

Amendment of enactments relating to criminal appeals.

98

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

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Evidence with respect to offences punishable in Scotland.

99

Regulations, rules and orders.

100

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

• (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.

• (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.

Expenses.

101

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions and savings.

102

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.

Minor and consequential amendments and repeals.

103

• (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.

General provisions as to interpretation.

104

• (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—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “court” does not include 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;

• . . .

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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).

• (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.

Northern Ireland.

105

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

• (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.

Short title, extent and commencement.

106

• (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) section 102 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;

• (ee) section 100;

• (f) 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) sections. . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) so 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).

SCHEDULE 1

1

The provisions of Part II of the Maintenance Orders Act 1958 and so much of Part III of that Act as relates to the said Part II shall apply in relation to an attachment of earnings order under section 46 or 79 of this Act as they apply in relation to an attachment of earnings order under section 6(1) of that Act, subject, however, to the exceptions and modifications specified in the following provisions of this Schedule.

2

Sections 6(1) and (2), 7, 8, 9(3) to (5) and 13(1) and (2) of that Act shall not apply in relation to an attachment of earnings order under section 46 or 79 of this Act.

3

Section 6(3) of that Act shall have effect in relation to any such order as if—

• (a) it required the order to specify, in addition to the matters required to be specified by that subsection, the amount payment of which is to be secured by means of the order; and

• (b) the normal deduction rate required by paragraph (a) of that subsection to be specified in an order under that section were the rate at which the court making or varying the order thinks it reasonable that the earnings to which the order relates should be applied from time to time in order to pay the said amount.

4

Section 9(1) of that Act shall have effect in relation to any such order as if for the reference to a person entitled to receive payments under the related maintenance order there were substituted a reference to the clerk Of the court.

5

Section 9(2) of that Act shall have effect in relation to an attachment of earnings order under section 46 or 79 of this Act as if for paragraphs (a) to (e) there were substituted the words " upon the payment of the whole of the amount payment of which is to be secured by means of the order or the issue of a warrant committing the offender to prison for default in paying it. "

6

In section 10(2) of that Act the reference to attachment of earnings orders shall be construed as including a reference to attachment of earnings orders under section 46 or 79 of this Act.

7

Section 20(5)(i) of that Act shall have effect in relation to an attachment of earnings order under section 46 or 79 of this Act as if for the reference to a sum due under the related maintenance order there were substituted a reference to a sum due to the clerk of the court and as if the subsection required the clerk to give to the person to whom the order is directed notice of any variation determined by a magistrates' court thereunder.

SCHEDULE 2

The Parole Board

1

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

2

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

3

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

4

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

5

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

6

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

Local Review Committees

7

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

SCHEDULE 3

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)

In section 24 of the Public Health (Scotland) Act 1897 (failure to comply with decree and knowing infringement of interdict relating to nuisances under section 16, including nuisances under subsections (6) and (8) of that section arising from the conduct of factories, businesses, etc.) the provision imposing a penalty for such a failure or infringement shall have effect as if £20 were substituted for five pounds and £50 for ten pounds in the case of nuisances under the said subsection (6) or (8) of section 16, and as if £2 were substituted for ten shillings in respect of such a failure and £5 for twenty shillings in respect of such an infringement in the case of any other nuisance under that section.

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 :—

SCHEDULE 4

THE CRIMINAL APPEAL ACT 1907 (C. 23)

1

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2

In section 5 (powers of court in special cases of wrong conviction, etc.) the following subsection shall be substituted for subsection (1):—

(1) Where a person appeals under this Act against conviction on an indictment containing two or more counts, and the criminal division of the Court of Appeal allow the appeal in respect of part of the indictment, they may in respect of any count on which he remains convicted pass such sentence, in substitution for any sentence passed thereon at the trial, as they think proper and is authorised by law for the offence of which he remains convicted on that count, subject however to section 4(2) of the Criminal Appeal Act 1966 (which restricts the power to increase sentence on appeal).

3

In section 6 (re-vesting and restitution of property), for the word " after ", where occurring in paragraph (a) and (b) there shall be substituted the word " from " ; and in paragraph (b) for the words " leave to appeal " there shall be substituted the words " of application for leave to appeal ".

4

In section 7(1) (time for appealing and applying for leave to appeal), for the words from " within twenty-eight days " to " considered by the court " there shall be substituted the words " within twenty-eight days from the date of the conviction, verdict or finding appealed against, or in the case of appeal against sentence, from the date on which sentence was passed, or in the case of an order made or treated as made on conviction, from the date of the making of the order ".

5

In section 9 (supplemental powers of court),

• (a) for the words " at the trial " where first occurring in paragraph (b) of the section there shall be substituted the words " in the proceedings from which the appeal lies " , and for those words where occurring for the second time in that paragraph there shall be substituted the words " in those proceedings ";

• (b) for the words " at the trial " in paragraph (c) of the section there shall be substituted the words " in the proceedings from which the appeal lies "; and

• (c) the words from " and exercise in relation to " to the end of the section shall be omitted.

6

In section 11(1) (right of appellant to be present at hearing), the words " rules of court provide that he shall have the right to be present, or where " shall be omitted.

7

In section 15 (duties of registrar with respect to appeals), the following subsection shall be substituted for subsections (3) and (4):

(3) Rules of court may enable an appellant to obtain from the registrar any documents or things, including copies or reproductions of documents, required for his appeal and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.

8

For section 21 (definitions) there shall be substituted the following section:—

(21) In this Act, unless the context otherwise requires.— - ' appellant ' includes a person who has given notice of application for leave to appeal; and - ' sentence ' in relation to an offence, includes any order made by a court when dealing with an offender (including a hospital order under Part V of the Mental Health Act 1959, with or without an order restricting discharge) and also includes a recommendation for deportation made under Part II of the Commonwealth Immigrants Act 1962 or under any order made under the Aliens Restriction Act 1914

.

THE CRIMINAL APPEAL (NORTHERN IRELAND) ACT 1930 (C. 45)

9

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10

In section 4 (powers of court on appeal in special cases) the following shall be substituted for subsection (1) :—

(1) Where a person appeals under this Act against conviction on an indictment containing two or more counts and the Court allow the appeal in respect of part of the indictment, they may in respect of any count on which he remains convicted pass such sentence, in substitution for the sentence passed thereon at the trial, as they think proper and is authorised by law for the offence of which he remains convicted on that count

.

11

In section 5(1) (re-vesting and restitution of property) for the words (in paragraph (a)) " ten days after " there shall be substituted the words " twenty-eight days from ";

and for the words (in paragraph (b)) " leave to appeal is given within ten days after " there shall be substituted the words " of application for leave to appeal is given within twenty-eight days from ".

12

In section 7(1) (time for appealing or applying for leave to appeal), the word " convicted " shall be omitted and for the words from " within ten days " to " against sentence " there shall be substituted the words " within twenty-eight days from the date of the conviction, verdict or finding appealed against or, in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order. "

13

In section 12 (costs of appeal)—

• (a) the following shall be substituted for subsection (1):—

(1) Except as may be provided by any enactment of the Parliament of Northern Ireland, no costs shall be allowed on the hearing or determination of an appeal under this Act, or of any proceedings preliminary or incidental to such an appeal

;

• (b) in subsection (2), for the words " in the same manner as the expenses of a prosecution in cases of felony " there shall be substituted the words " by the Ministry ".

14

In section 13(4) (time spent on bail pending appeal not to count as part of sentence) for the words from " and subject to " to the end of the subsection there shall be substituted the words " shall not count as part of any term of imprisonment under his sentence ".

15

In section 20 (definitions) for the words " a person who has been convicted and desires to appeal under this Act " there shall be substituted the words " a person who has given notice of application for leave to appeal ".

THE COURTS-MARTIAL (APPEALS) ACT 1951 (C. 46)

16

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17

In section 11 (appeal to be heard in absence of appellant) the words " rules of court provide that he shall have the right to be present or " shall be omitted.

18

In section 17 (removal of prisoners for purposes of appeal from courts-martial) the following shall be substituted for paragraph (f):—

(f) section 13 of the Prison Act (Northern Ireland) 1953

.

19

In section 21 (powers of single judge of Courts-Martial Appeal Court), the following paragraph shall be inserted after paragraph (a):—

(aa) to give a direction under the proviso to section 3(2) of this Act that a person be treated as not having lost his right of appeal

.

THE COSTS IN CRIMINAL CASES ACT 1952 (C. 48)

20

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21

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22

In section 8 (payment of costs from local funds), at the end of subsection (1) there shall be added the following:—

In relation to costs ordered to be paid out of local funds under section 3(2) of this Act, ' the proper officer' in this subsection means the registrar of criminal appeals.

23

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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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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28

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29

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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

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32

In Schedule 1 (modifications of sections 1 to 9 in relation to appeals from courts-martial).—

• (a) the following paragraphs shall be substituted for paragraph 1 :—

(1) (1) In section 1(1), for the words ' at the instance of the defendant or the prosecutor' there shall be substituted the words ' at the instance of the accused or the Defence Council'. (2) In sections 2(3) and 5(3) and (5), for the words ' the defendant' there shall be substituted the words 'the accused'. (3) In section 9(3), for the words ' A defendant who is detained pending an appeal under section one of this Act' there shall be substituted the words ' Where the accused is detained pending an appeal under section 1 of this Act, he'. (1A) (1) In section 5, the following shall be substituted for subsection (1):— (1) Where the accused would, but for the decision of the Courts-Martial Appeal Court, be liable to be detained and immediately after that decision the Defence Council are granted, or give notice that they intend to apply for, leave to appeal, the Court may make an order providing for the detention of the accused or directing that he shall not be released except on bail (which may in the case of a person to whom section 10(2) of this Act applies, be granted as under that subsection) so long as any appeal under section 1 of this Act is pending. (2) In section 5(4), for the words " a defendant " there shall be substituted the words " a person " , and the references to any provision of the Mental Health Act 1959 shall include references to any provision of the Mental Health (Scotland) Act 1960 or the Mental Health Act (Northern Ireland) 1961

.

• (b) in paragraph 2(3), for the words " the Admiralty " there shall be substituted the words " the Defence Council "; and

• (c) in paragraph 3(3), for the words " the defendant " (wherever occurring) there shall be substituted the words " the accused " ,

and for the words from the beginning of paragraph (a) to " may require " there shall be substituted the words " where the application was made by the Secretary of State, direct the payment by him ".

THE CRIMINAL PROCEDURE (INSANITY) ACT 1964 (C. 84)

33

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34

In section 4(6) (application of appeal provisions in section 2 to finding of unfitness to plead), after the words " such a finding " there shall be inserted the words " and references to a person's trial were references to the determination of a question of his fitness to be tried ".

THE CRIMINAL APPEAL ACT 1966 (C. 31)

35

In section 4 (powers of Court of Appeal on determination of appeals) the following shall be substituted for subsection (2) :—

(2) Section 5(1) of the 1907 Act shall not authorise the Court of Appeal to pass any sentence such that the appellant's sentence on the indictment as a whole will, in consequence of the appeal, be of greater severity than the sentence (taken as a whole) which was passed at the trial for all offences of which he was convicted on the indictment.

36

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37

In section 7 (record of proceedings at trial)—

• (a) in subsection (1) the words " at assizes or quarter sessions " shall be omitted ; and

• (b) in subsection (3) for the words " at a court of assize or quarter sessions " there shall be substituted the words " at any court ".

38

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39

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40

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THE CRIMINAL JUSTICE ACT (NORTHERN IRELAND) 1966 (C. 20)

41

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SCHEDULE 5

Juries

1

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2

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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

A 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

A 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

A 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

A 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

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

Where 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

Notwithstanding 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

15

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16

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Criminal appeals

17

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SCHEDULE 6

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”.

THE PROSECUTION OF OFFENCES ACT 1879 (C. 22)

2

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THE CORONERS ACT 1887 (C. 71)

3

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THE CRIMINAL APPEAL ACT 1907 (C. 23)

4

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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.

THE CRIMINAL JUSTICE ACT 1948 (C. 58)

6

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THE LEGAL AID AND ADVICE ACT 1949 (C. 51)

7

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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”.

The Magistrates’ Courts Act 1952 (c. 55)

9

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10

In section 26(1) (remand for medical examination) at the end there shall be inserted the words " where the court remands him in custody nor for more than four weeks at a time where it remands him on bail ".

11

In section 28 (committal for borstal sentence), in subsection (1) after the word " custody " there shall be inserted the words " or on bail " and in subsection (4) after the word " committed " where it first occurs, there shall be inserted the words " in custody ".

12

In section 29 (committal for sentence for indictable offence tried summarily) after the word " custody " there shall be inserted the words " or on bail ".

13

In section 70(2) (summons requiring appearance of offender at means inquiry or warrant for his arrest), for the words " this section " there shall be substituted the words " section 44 of the Criminal Justice Act 1967 ".

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

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18

In section 98(2) and (3) (constitution and place of sitting of magistrates' court) for the words " section 70 of this Act " there shall be substituted the words " section 44 of the Criminal Justice Act 1967 ".

19

In section 110(1) (detention of offenders for one day in courthouse or police station), for the words " sixty-nine, seventy or " there shall be substituted the words " thirty-nine or forty-four of the Criminal Justice Act 1967 or section ".

20

In section 111(1) (committal to custody overnight at police station for non-payment of fine &c.) for the word " seventy " there shall be substituted the words " forty-four of the Criminal Justice Act 1967 or section ".

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

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.

THE GENEVA CONVENTIONS ACT 1957 (C. 52)

22

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THE ROAD TRAFFIC ACT 1960 (C. 16)

23

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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”.

THE CRIMINAL APPEAL ACT 1964 (C. 43)

27

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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

Part I — Repeals Applying to England and Wales

Part II — Repeals Extending to Scotland

Part III — Repeals Extending to Northern Ireland

Committal for trial without consideration of the evidence.

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44A

Parts IV, V

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Editorial notes