Criminal Justice Act 1972

• (a) shall make such payments and to such persons as may be prescribed by the Secretary of State's rules under Schedule 5 to the Criminal Justice Act 1948 in respect of persons accommodated in probation hostels, probation homes and bail hostels ; and

• (b) may, in such cases and in such manner as may be so prescribed, give financial and other assistance to persons remanded on bail.

• (4) Paragraph 5 of Schedule 5 to the said Act of 1948 (expenses of probation and after-care committees to be defrayed by local authorities) shall have effect as if any expenses incurred by such a committee—

• (a) under section 52 of this Act;

• (b) in providing and carrying on day training centres or such establishments (other than probation hostels and homes and bail hostels) as are referred to in section 53(1); or

• (c) under the foregoing provisions of this section,

were expenses incurred by the committee under that Schedule; and section 77(3)(a) of that Act (contribution out of moneys provided by Parliament towards expenditure of local authorities on probation system) and section 22(4) of the Administration of Justice Act 1964 (committee's expenses in the inner London area to be paid out of metropolitan police fund) shall have effect accordingly.

• (5) Section 77(3) of the Criminal Justice Act 1948 shall have effect without the proviso (which limits grants under paragraph (a) of the subsection to 50 per cent. of expenditure).

Membership of probation and after-care committees and delegation of their functions

57

• (1) The Lord Chancellor may, if he thinks fit, appoint—

• (a) one or more judges of the Crown Court (being judges of the High Court, Circuit judges or Recorders); and

• (b) one or more justices with experience of sitting as members of the Crown Court,

to be members of the probation and after-care committee for any area, and any person so appointed shall hold office in accordance with the terms of his appointment.

• (2) A probation and after-care committee (" the principal committee ") may, with the approval of the Secretary of State, delegate all or any of their functions to a sub-committee consisting of members of the principal committee and such other persons (if any) as may be co-opted to be members of the subcommittee ; but so that the number of co-opted members of the sub-committee shall not exceed the number of its members who are members of the principal committee.

Amendment of Police (Property) Act 1897

58

In section 1(1) of the Police (Property) Act 1897 (which makes provision for the disposal of property which has come into the possession of the police in connection with any criminal charge) for the words “with any criminal charge” there shall be substituted the words “with their investigation of a suspected offence”.

Abolition of duty to re-convey certain prisons to local authorities

59

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

Power of entry in connection with acquisition of land for prisons

60

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

Grants by Secretary of State for magistrates' courts purposes

61

• (1) Any sum received by the Secretary of State under subsection (1) of section 27 of the Justices of the Peace Act 1949 (fines etc. imposed by magistrates' courts and other sums received by justices' clerks to be paid to the Secretary of State) shall be paid by him into the Consolidated Fund.

• (2) For subsections (2) to (4) of the said section 27 (which oblige the Secretary of State to repay to the responsible authorities the net cost to them of their functions in respect of magistrates' courts up to the amount received by him under subsection (1) after deducting Exchequer moneys, and enable him to make up two-thirds of any deficiency) there shall be substituted—

(2) The Secretary of State may pay to the responsible authorities grants towards the net cost to them in any year— (a) of their functions under Parts III and IV of this Act or Schedule 3 to the Local Government Superannuation Act 1953 or any regulations made thereunder, or made under the Superannuation Act 1972 for the same purposes as those of that Schedule or, in the case of the receiver of the metropolitan police district, his corresponding functions; (b) of making payments under section 8 of this Act or section 27 of the Administration of Justice Act 1964. (3) The amount of any grant under subsection (2) of this section shall not exceed 80 per cent. of the expenditure in respect of which it is made.

• (3) Subsections (10)(a) and (11) of the said section 27 (which become unnecessary in consequence of the foregoing provisions of this section) shall cease to have effect.

Justices' clerks and their staff

62

• (1) The Secretary of State may provide courses of instruction for justices' clerks and their staffs.

• (2) Section 28 of the Justices of the Peace Act 1949 (which requires the responsible authorities to make good to the Secretary of State or other person entitled thereto any sums not duly paid to him by a justices' clerk or person employed to assist a justices' clerk) shall cease to have effect.

• (3) The Secretary of State may, if he thinks fit, pay to any person any money due to him which he has not received because of the default of a justices' clerk or person employed to assist a justices' clerk.

• (4) In this section " justices' clerk " has the same meaning as in section 27 of the said Act of 1949.

Part V — Supplementary

Powers of Parliament of Northern Ireland

63

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

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Her Majesty may by Order in Council make provision in relation to Northern Ireland for corresponding purposes; and any Order under this section may be varied or revoked by a further Order.

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

Minor and consequential amendments and repeals

64

• (1) The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

• (2) The enactments specified in Schedule 6 to this Act (which include certain spent provisions) are hereby repealed to the extemt specified in the third column of that Schedule.

Expenses and receipts

65

There shall be defrayed out of moneys provided by Parliament any expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums payable out of such moneys under any other Act; and any sums received by the Secretary of State in consequence of this Act shall be paid into the Consolidated Fund.

Citation, interpretation, commencement and extent

66

• (1) This Act may be cited as the Criminal Justice Act 1972.

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

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

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

• (5) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any other enactment, including this Act.

• (6) This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different provisions:

. . .

• (7) In this Act—

• (a) sections 23, 24, 28, 29, 30, 33, 35, 51 and this section, ... section 64(1) and Schedule 5 so far as they relate to the Road Traffic Act 1972 and section 64(2) and Schedule 6 so far as they relate to the Summary Jurisdiction (Scotland) Act 1908 and the Firearms Act 1968, extend to Scotland;

• (b) section 63 and this section extend to Northern Ireland;

• (c) section 64(1) and Schedule 5 so far as they relate to the Petty Sessions (Ireland) Act 1851 extend to Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

but, save as aforesaid, this Act extends to England and Wales only.

SCHEDULE 1

Interpretation

1

In this Schedule—

• " the Act of 1914 " means the Bankruptcy Act 1914 ; and

• " criminal bankruptcy petition " means a bankruptcy petition presented by virtue of paragraph 2 of this Schedule.

Act of bankruptcy

2

Subject to the provisions of this Schedule, where a criminal bankruptcy order is made against any person he shall be treated as a debtor who has committed an act of bankruptcy on the date on which the order is made.

Creditors and debts

3

• (1) A person specified in a criminal bankruptcy order as having suffered loss or damage of any amount shall be treated, for the purposes of any ensuing criminal bankruptcy proceedings, as a creditor for a debt of that amount provable in the bankruptcy of the person against whom the order was made.

• (2) For the purpose of proving any such debt in the proceedings, a copy of the criminal bankruptcy order shall, subject to paragraph 6 of this Schedule, be treated as sufficient evidence of the debt unless it is shown by any party to the proceedings that the amount of the relevant loss or damage is greater or less than the amount specified in the order, or that die loss or damage did not in fact result from any offence specified in the order ; and if it is shown as aforesaid that the amount of the relevant loss or damage is greater than that specified in the order, sub-paragraph (1) of this paragraph shall have effect as if the greater amount had been specified in the order.

• (3) This paragraph is without prejudice to the proof in criminal bankruptcy proceedings of debts other than those made provable by this paragraph.

• (4) Nothing in sub-paragraph (2) of this paragraph shall be construed as entitling any person to contend that the offence or offences specified in a criminal bankruptcy order were not committed by the person against whom the order was made.

Bankruptcy petition

4

• (1) A criminal bankruptcy petition shall be presented to the High Court, but without prejudice to any power of transferring bankruptcy proceedings to any other court.

• (2) No criminal bankruptcy petition shall be presented by the person who under paragraph 2 of this Schedule is the debtor; and, in relation to such a petition presented by a creditor, section 4 of the Act of 1914 shall have effect with the following modifications—

• (a) subsections (1)(a) and (b) and (2) (conditions as to nature of debt) shall not apply to any such debt as is mentioned in paragraph 3 of this Schedule ; and

• (b) subsection (1)(d) (domicile of debtor) shall be omitted.

Bankruptcy proceedings otherwise than by virtue of this Schedule

5

Where a criminal bankruptcy order has been made against any person and a bankruptcy petition has been presented in respect of him before the order was made, or is presented in respect of him thereafter otherwise than by virtue of paragraph 2 of this Schedule, the court having jurisdiction in relation to the bankruptcy may, on the application of the Official Petitioner, dismiss the petition, rescind any receiving order made in pursuance thereof or, if that person has been adjudicated bankrupt, annul the adjudication, on such terms, if any, as the court thinks fit

Receiving order

6

For the purposes of section 5(2) and (3) of the Act of 1914 (matters to be proved before receiving order is made) the act of bankruptcy which a person is treated by this Schedule as having committed and any such debt as is mentioned in paragraph 3 of this Schedule shall be treated as conclusively proved by the production of a copy of the criminal bankruptcy order in question, and subsections (5) and (6) of that section shall not apply in relation to any such debt.

7

Section 12 of the Act of 1914 (power to rescind receiving order to enable bankruptcy proceedings to proceed in Scotland or Northern Ireland) shall not apply to a receiving order made on a criminal bankruptcy petition.

Administration in bankruptcy of deceased offender's estate

8

Paragraph 4(1) of this Schedule shall apply to any petition under section 130 of the Act of 1914 (administration in bankruptcy of estate of deceased debtor) which is presented by virtue of any such debt as is mentioned in paragraph 3 of this Schedule as it applies to a criminal bankruptcy petition ; and so much of subsection (4) of that section as enables the creditors to appoint a trustee shall not apply where an order is made under that section on a petition presented as aforesaid.

Functions of Official Petitioner

9

• (1) The Official Petitioner may present a criminal bankruptcy petition, and a receiving order may be made on that petition.

• (2) Section 4 of the Act of 1914, as modified by paragraph 4(2) of this Schedule, shall apply to a criminal bankruptcy petition presented by the Official Petitioner as it applies to a petition presented by a creditor, but the High Court may allow the petition to be presented later than required by subsection (1)(c) of that section.

• (3) A criminal bankruptcy petition presented by the Official Petitioner shall be served in the manner prescribed by rules made under the Act of 1914.

• (4) Subsections (2), (3) and (7) of section 5 of the Act of 1914 (making of receiving order on, and withdrawal of, creditor's petition) shall apply also in relation to a criminal bankruptcy petition presented by the Official Petitioner but as if any reference to the debt of the petitioning creditor were a reference to any such debt as is mentioned in paragraph 3 of this Schedule ; and paragraph 6 of this Schedule shall have effect in relation to the said subsections (2) and (3) where they apply by virtue of this paragraph.

10

• (1) The Official Petitioner may present a petition under section 130 of the said Act of 1914 in any case in which a creditor could do so by virtue of this Schedule, and an order may be made under that section on that petition.

• (2) Subsection (2) of the said section 130 shall have effect in relation to a petition presented by the Official Petitioner as if the reference to the petitioner's debt were a reference to any such debt as is mentioned in paragraph 3 of this Schedule.

11

• (1) In the case of criminal bankruptcy proceedings, the Official Petitioner shall be entitled—

• (a) to attend any meeting of creditors and, before the meeting, to receive any notice or other document required to be sent before such a meeting to any creditor ;

• (b) to be a member of any committee of inspection appointed under section 20 of the said Act of 1914, but not so as to count towards the number of members mentioned in subsection (2) or (9), or to be subject to removal under subsection (7), of that section ;

• (c) to be a party to any such proceedings before any court.

• (2) In the case of criminal bankruptcy proceedings the provisions of the Act of 1914 mentioned in sub-paragraph (3) of this paragraph shall have effect as if any reference to a creditor, or to a creditor who has proved or tendered a proof, included a reference to the Official Petitioner.

• (3) The said provisions are sections 10 (appointment of special manager), 14(2) and (4) (debtor's statement of affairs), 15(4) and (8) (public examination of debtor), 16(5), (6) and (8) (compositions and schemes of arrangement), 26(7) (discharge of bankrupt), 37 (relation back of trustee's tide), 74(1)(e) (report to creditors of debtor's proposal), 80 (appeal to court against act or decision of trustee) and 130(8) (administration in bankruptcy of deceased debtor's estate).

• (4) Any functions of the Official Petitioner under or by virtue of this Act may be discharged on his behalf by any person acting with his authority.

Effect of appeal against conviction

12

• (1) Subject to the provisions of this paragraph, the fact that an appeal is pending against any conviction by virtue of which a criminal bankruptcy order was made shall not preclude the taking of any proceedings by virtue of this Schedule in consequence of the making of the order.

• (2) Where a person is adjudged bankrupt in criminal bankruptcy proceedings, no property shall be distributed by his trustee in bankruptcy and no order shall be made by the High Court under section 10 of this Act so long as an appeal is pending against his conviction of any offence by virtue of which the criminal bankruptcy order was made.

• (3) For the purposes of this paragraph an appeal against a conviction is pending—

• (a) in any case until the expiration of the period of twenty-eight days beginning with the date of conviction;

• (b) if notice of appeal to the Court of Appeal is given during that period and during that period the appellant notifies the official receiver thereof, until the determination of the appeal and thereafter for so long as an appeal to the House of Lords is pending within the meaning of section 8(5) of this Act

• (4) Where in consequence of an appeal a criminal bankruptcy order is rescinded—

• (a) any bankruptcy petition based on the order shall lapse and any receiving order or adjudication of bankruptcy made in consequence thereof shall cease to have effect, but without prejudice to anything previously done thereunder ;

• (b) where any such adjudication ceases to have effect, the property of the person who was adjudicated bankrupt shall revert to him for all his estate or interest therein ; and

• (c) the court which had jurisdiction in relation to the bankruptcy may, on his application or on the application of the official receiver, by order give such directions, if any, as appear to the court to be necessary or desirable in consequence of the foregoing provisions of this paragraph.

• (5) Where in consequence of an appeal a criminal bankruptcy order is amended by the deletion of any amount specified therein as the loss or damage suffered by any person, paragraph 3(1) of this Schedule shall not thereafter apply to that loss or damage but without prejudice to anything done before the amendment takes effect.

Rules

13

For the purposes of section 132 of the Act of 1914 (power to make general rules for carrying the objects of that Act into effect) this Schedule shall be deemed to be part of that Act.

SCHEDULE 2

PART I — Persons Ineligible

Group A — The Judiciary

Group B — Others concerned with administration of justice

Group C — The clergy, etc.

Group D — The mentally ill

PART II — Persons Disqualified

PART III — Persons Excusable as of Right

Parliament

The Forces

Medical and other similar professions

SCHEDULE 3

The Criminal Appeal Act 1968

In the Criminal Appeal Act 1968—

The Courts Act 1971

In section 49 of the Courts Act 1971 (costs on appeal to Divisional Court and further appeal to House of Lords) for subsection (3) substitute the following—

and in subsection (4), for " the accused's " substitute " a person's " ).

SCHEDULE 4

SCHEDULE 5

The Petty Sessions (Ireland) Act 1851

In the Petty Sessions (Ireland) Act 1851—

The Theatrical Employers Registration Act 1925

In section 6(2) of the Theatrical Employers Registration Act 1925 for the words " until seven days after it is made, or if an appeal has been entered " there shall be substituted the words " until the expiration of the period within which notice of appeal to the Crown Court may be given against the order, or if notice of appeal is given ".

The Children and Young Persons Act 1933

In section 55(1) of the Children and Young Persons Act 1933 for the words " a fine, damages or costs may be imposed ", " the imposition of a fine, damages or costs " and " the fine, damages or costs awarded " there shall be substituted respectively the words " a fine or costs may be imposed or a compensation order may be made under section 1 of the Criminal Justice Act 1972 " , " the imposition of a fine or costs or the making of such an order" and " the fine, compensation or costs awarded ".

The Incitement to Disaffection Act 1934

In section 2(4) of the Incitement to Disaffection Act 1934 for the words from " and subject as aforesaid" onwards there shall be substituted the words " and, in relation to property which has come into the possession of the police under this section, the Police (Property) Act 1897 (which makes provision with respect to the disposal of property in the possession of the police) shall have effect subject to the foregoing provisions of this subsection and to the provisions of this Act conferring powers on courts dealing with offences ".

The Dogs Amendment Act 1938

In section 1(2) of the Dogs Amendment Act 1938 for the words " fourteen days from the date of the order " there shall be substituted the words " the period within which notice of appeal to the Crown Court may be given against the order ".

The Criminal Justice Act 1948

In section 3(3) of the Criminal Justice Act 1948 for the words " subsection (2) of section eleven of this Act" there shall be substituted the words " section 1 of the Criminal Justice Act 1972 ".

In section 4(1) of the said Act for the words " for such period not extending beyond twelve months from the date of the order as may be specified therein" there shall be substituted the words " during the whole of the probation period or such part as may be specified in the order ".

In Schedule 1 to the said Act, in paragraph 3, after the words " sections three and four of this Act" there shall be inserted the words " or of section 20 of the Criminal Justice Act 1972 ".

In Schedule 5 to the said Act, in paragraph 3(6) (duty of case committees to review work of probation officers), the words "in individual cases " shall be omitted.

The Reserve and Auxiliary Forces (Training) Act 1951

In section 6(5) of the Reserve and Auxiliary Forces (Training) Act 1951 for the words from " and subject as aforesaid " onwards there shall be substituted the words " and, in relation to property which has come into the possession of the police under this section, the Police (Property) Act 1897 (which makes provision with respect to the disposal of property in the possession of the police) shall have effect subject to the foregoing provisions of this subsection and to the provisions of this section conferring powers on courts dealing with offences ".

The Costs in Criminal Cases Act 1952

In section 14 of the Costs in Criminal Cases Act 1952 for subsection (4) there shall be substituted—

In section 17 of the said Act (interpretation), the definition of " prosecutor " in subsection (1), and subsection (4), shall be omitted.

The Magistrates' Courts Act 1952

In section 7(3) of the Magistrates' Courts Act 1952 (power of magistrates to grant bail to a person committed in custody to await trial), for the words "the first sitting of the court before which he is to be tried ", there shall be substituted the words " his first appearance before the Crown Court ".

In section 114(1) of the said Act of 1952 for paragraphs (a) and (b) there shall be substituted—

The Prevention of Fraud (Investments) Act 1958

For subsection (11) of section 14 of the Prevention of Fraud (Investments) Act 1958 there shall be substituted—

The Criminal Justice Act 1961

In section 12(4) of the Criminal Justice Act 1961 for the words " the court shall" there shall be substituted the words " then, unless the court proposes to deal with him otherwise than by making an order under this section, the court shall " and after the words " in custody " there shall be inserted the words " or on bail ".

The Criminal Justice Act 1967

In the Criminal Justice Act 1967—

The Criminal Appeal Act 1968

In section 10(3) of the Criminal Appeal Act 1968, after paragraph (c) there shall be inserted—

The Theft Act 1968

For subsections (1) to (3) of section 28 of the Theft Act 1968 there shall be substituted—

The Children and Young Persons Act 1969

For paragraph (a) of section 3(6) of the Children and Young Persons Act 1969 there shall be substituted—

In section 6(1) of the said Act of 1969 for the words "the court shall, if it is of opinion that there is sufficient evidence to put the accused on trial, commit him for trial" there shall be substituted the words " the court shall commit the accused for trial if either it is of opinion that there is sufficient evidence to put him on trial or it has power under section 1 of the Criminal Justice Act 1967 so to commit him without consideration of the evidence ".

In section 7(8) of the said Act of 1969 for the words from " decides to deal with the case " to the end of the subsection there shall be substituted the words " is of the opinion that the case is one which can properly be dealt with by means of—

with or without any other order that the court has power to make when absolutely or conditionally discharging an offender.".

The Administration of Justice Act 1970

In Part I of Schedule 9 to the Administration of Justice Act 1970—

The Courts Act 1971

In the Courts Act 1971, the following amendments shall be made—

The Immigration Act 1971

In section 6(3)(b) of the Immigration Act 1971 for the words " first offenders " there shall be substituted the words " persons who have not previously been sentenced to imprisonment ".

The Road Traffic Act 1972

In section 105(2) of the Road Traffic Act 1972 after the words " for the purpose of endorsement " there shall be inserted the words " (or its production to comply with section 24(3) of the Criminal Justice Act 1972 in the case of disqualification under that section) ".

SCHEDULE 6

PART I — JURIES

PART II — OTHER REPEALS

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

1

7

25

Power of constable to take drunken offender to treatment centre.

44

Summary trial of certain offences of arson.

52

61

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

Editorial notes

Amendment of Police (Property) Act 1897.

In the Petty Sessions (Ireland) Act 1851—