Criminal Law Act 1977

Part I — Conspiracy

The offence of conspiracy

1

• (1) Subject to the following provisions of this Part of this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either—

• (a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or

• (b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible,

he is guilty of conspiracy to commit the offence or offences in question.

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

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

• (2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit that offence by virtue of subsection (1) above unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.

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

• (4) In this Part of this Act “offence” means an offence triable in England and Wales . . ..

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions from liability for conspiracy

2

• (1) A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence if he is an intended victim of that offence.

• (2) A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence or offences if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions, that is to say—

• (a) his spouse or civil partner ;

• (b) a person under the age of criminal responsibility; and

• (c) an intended victim of that offence or of each of those offences.

• (3) A person is under the age of criminal responsibility for the purposes of subsection (2)(b) above so long as it is conclusively presumed, by virtue of section 50 of the Children and Young Persons Act 1933, that he cannot be guilty of any offence.

Penalties for conspiracy

3

• (1) A person guilty by virtue of section 1 above of conspiracy to commit any offence or offences shall be liable on conviction on indictment—

• (a) in a case falling within subsection (2) or (3) below, to imprisonment for a term related in accordance with that subsection to the gravity of the offence or offences in question (referred to below in this section as the relevant offence or offences); and

• (b) in any other case, to a fine.

Paragraph (b) above shall not be taken as prejudicing the application of section 120 of the Sentencing Code (general power of court to fine offender convicted on indictment) in a case falling within subsection (2) or (3) below.

• (2) Where the relevant offence or any of the relevant offences is an offence of any of the following descriptions, that is to say—

• (a) murder, or any other offence the sentence for which is fixed by law;

• (b) an offence for which a sentence extending to imprisonment for life is provided; or

• (c) an indictable offence punishable with imprisonment for which no maximum term of imprisonment is provided,

the person convicted shall be liable to imprisonment for life.

• (3) Where in a case other than one to which subsection (2) above applies the relevant offence or any of the relevant offences is punishable with imprisonment, the person convicted shall be liable to imprisonment for a term not exceeding the maximum term provided for that offence or (where more than one such offence is in question) for any one of those offences (taking the longer or the longest term as the limit for the purposes of this section where the terms provided differ).

In the case of an offence triable either way the references above in this subsection to the maximum term provided for that offence are references to the maximum term so provided on conviction on indictment.

Restrictions on the institution of proceedings for conspiracy

4

• (1) Subject to subsection (2) below proceedings under section 1 above for conspiracy to commit any offence or offences shall not be instituted against any person except by or with the consent of the Director of Public Prosecutions if the offence or (as the case may be) each of the offences in question is a summary offence.

• (2) In relation to the institution of proceedings under section 1 above for conspiracy to commit—

• (a) an offence which is subject to a prohibition by or under any enactment on the institution of proceedings otherwise than by, or on behalf or with the consent of, the Attorney General, or

• (b) two or more offences of which at least one is subject to such a prohibition,

subsection (1) above shall have effect with the substitution of a reference to the Attorney General for the reference to the Director of Public Prosecutions.

• (3) Any prohibition by or under any enactment on the institution of proceedings for any offence which is not a summary offence otherwise than by, or on behalf or with the consent of, the Director of Public Prosecutions or any other person shall apply also in relation to proceedings under section 1 above for conspiracy to commit that offence.

• (4) Where—

• (a) an offence has been committed in pursuance of any agreement; and

• (b) proceedings may not be instituted for that offence because any time limit applicable to the institution of any such proceedings has expired,

proceedings under section 1 above for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.

• (5) Subject to subsection (6) below, no proceedings for an offence triable by virtue of section 1A above may be instituted except by or with the consent of the Attorney General.

• (6) The Secretary of State may by order provide that subsection (5) above shall not apply, or shall not apply to any case of a description specified in the order.

• (7) An order under subsection (6) above—

• (a) shall be made by statutory instrument, and

• (b) shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.

Abolitions, savings, transitional provisions, consequential amendment and repeals

5

• (1) Subject to the following provisions of this section, the offence of conspiracy at common law is hereby abolished.

• (2) Subsection (1) above shall not affect the offence of conspiracy at common law so far as relates to conspiracy to defraud, . . . .

• (3) Subsection (1) above shall not affect the offence of conspiracy at common law if and in so far as it may be committed by entering into an agreement to engage in conduct which—

• (a) tends to corrupt public morals or outrages public decency; but

• (b) would not amount to or involve the commission of an offence if carried out by a single person otherwise than in pursuance of an agreement.

• (4) Subsection (1) above shall not affect—

• (a) any proceedings commenced before the time when this Part of this Act comes into force;

• (b) any proceedings commenced after that time against a person charged with the same conspiracy as that charged in any proceedings commenced before that time; or

• (c) any proceedings commenced after that time in respect of a trespass committed before that time;

but a person convicted of conspiracy to trespass in any proceedings brought by virtue of paragraph (c) above shall not in respect of that conviction be liable to imprisonment for a term exceeding six months.

• (5) Sections 1 and 2 above shall apply to things done before as well as to things done after the time when this Part of this Act comes into force, but in the application of section 3 above to a case where the agreement in question was entered into before that time—

• (a) subsection (2) shall be read without the reference to murder in paragraph (a); and

• (b) any murder intended under the agreement shall be treated as an offence for which a maximum term of imprisonment of ten years is provided.

• (6) The rules laid down by sections 1 and 2 above shall apply for determining whether a person is guilty of an offence of conspiracy under any enactment other than section 1 above, but conduct which is an offence under any such other enactment shall not also be an offence under section 1 above.

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

• (8) The fact that the person or persons who, so far as appears from the indictment on which any person has been convicted of conspiracy, were the only other parties to the agreement on which his conviction was based have been acquitted of conspiracy by reference to that agreement (whether after being tried with the person convicted or separately) shall not be a ground for quashing his conviction unless under all the circumstances of the case his conviction is inconsistent with the acquittal of the other person or persons in question.

• (9) Any rule of law or practice inconsistent with the provisions of subsection (8) above is hereby abolished.

• (10) In section 4 of the Offences against the Person Act 1861—

• (a) the words preceding “Whosoever” shall cease to have effect; and

• (b) for the words from “be kept” to “years” there shall be substituted the words “imprisonment for life”.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Offences Relating to Entering and Remaining on Property

Violence for securing entry

6

• (1) Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—

• (a) there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and

• (b) the person using or threatening the violence knows that that is the case.

• (1A) Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.

• (2) Subject to subsection (1A) above, the fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) above constitute lawful authority for the use or threat of violence by him or anyone else for the purpose of securing his entry into those premises.

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

• (4) It is immaterial for the purposes of this section—

• (a) whether the violence in question is directed against the person or against property; and

• (b) whether the entry which the violence is intended to secure is for the purpose of acquiring possession of the premises in question or for any other purpose.

• (5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises..

Adverse occupation of residential premises

7

• (1) Subject to the following provisions of this section and to section 12A(9) below, any person who is on any premises as a trespasser after having entered as such is guilty of an offence if he fails to leave those premises on being required to do so by or on behalf of—

• (a) a displaced residential occupier of the premises; or

• (b) an individual who is a protected intending occupier of the premises.

• (2) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person requiring him to leave the premises was not a displaced residential occupier or protected intending occupier of the premises or a person acting on behalf of a displaced residential occupier or protected intending occupier.

• (3) In any proceedings for an offence under this section it shall be a defence for the accused to prove—

• (a) that the premises in question are or form part of premises used mainly for non-residential purposes; and

• (b) that he was not on any part of the premises used wholly or mainly for residential purposes.

• (4) Any reference in the preceding provisions of this section to any premises includes a reference to any access to them, whether or not any such access itself constitutes premises, within the meaning of this Part of this Act.

• (5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises.

Trespassing with a weapon of offence

8

• (1) A person who is on any premises as a trespasser, after having entered as such, is guilty of an offence if, without lawful authority or reasonable excuse, he has with him on the premises any weapon of offence.

• (2) In subsection (1) above “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.

• (3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.

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

Trespassing on premises of foreign missions, etc.

9

• (1) Subject to subsection (3) below, a person who enters or is on any premises to which this section applies as a trespasser is guilty of an offence.

• (2) This section applies to any premises which are or form part of—

• (a) the premises of a diplomatic mission within the meaning of the definition in Article 1(i) of the Vienna Convention on Diplomatic Relations signed in 1961 as that Article has effect in the United Kingdom by virtue of section 2 of and Schedule 1 to the Diplomatic Privileges Act 1964;

• (aa) the premises of a closed diplomatic mission;

• (b) consular premises within the meaning of the definition in paragraph 1(j) of Article 1 of the Vienna Convention on Consular Relations signed in 1963 as that Article has effect in the United Kingdom by virtue of section 1 of and Schedule 1 to the Consular Relations Act 1968;

• (bb) the premises of a closed consular post;

• (c) any other premises in respect of which any organisation or body is entitled to inviolability by or under any enactment; and

• (d) any premises which are the private residence of a diplomatic agent (within the meaning of Article 1(e) of the Convention mentioned in paragraph (a) above) or of any other person who is entitled to inviolability of residence by or under any enactment.

• (2A) In subsection (2) above—

• “the premises of a closed diplomatic mission” means premises which fall within Article 45 of the Convention mentioned in subsection (2)(a) above (as that Article has effect in the United Kingdom by virtue of the section and Schedule mentioned in that paragraph); and

• “the premises of a closed consular post” means premises which fall within Article 27 of the Convention mentioned in subsection (2)(b) above (as that Article has effect in the United Kingdom by virtue of the section and Schedule mentioned in that paragraph);

• (3) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the premises in question were not premises to which this section applies.

• (4) In any proceedings for an offence under this section a certificate issued by or under the authority of the Secretary of State stating that any premises were or formed part of premises of any description mentioned in paragraphs (a) to (d) of subsection (2) above at the time of the alleged offence shall be conclusive evidence that the premises were or formed part of premises of that description at that time.

• (5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

• (6) Proceedings for an offence under this section shall not be instituted against any person except by or with the consent of the Attorney General.

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

Obstruction of court officers executing process for possession against unauthorised occupiers

10

• (A1) A person is guilty of an offence if he resists or intentionally obstructs any person who—

• (a) is an enforcement officer, or is acting under the authority of an enforcement officer; and

• (b) is engaged in executing a writ issued from the High Court.

• (1) Without prejudice to section 8(2) of the Sheriffs Act 1887 but subject to the following provisions of this section, a person is guilty of an offence if he resists or intentionally obstructs any person who is in fact an officer of a court engaged in executing any process issued by the High Court or the county court for the purpose of enforcing any judgment or order for the recovery of any premises or for the delivery of possession of any premises.

• (2) Subsection (1) above does not apply unless the judgment or order in question was given or made in proceedings brought under any provisions of rules of court applicable only in circumstances where the person claiming possession of any premises alleges that the premises in question are occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation of the premises without the licence or consent of the person claiming possession or any predecessor in title of his.

• (3) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person he was resisting or obstructing was not an enforcement officer, a person acting under the authority of an enforcement officer or an officer of a court (as the case may be) .

• (4) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

• (5) ... an enforcement officer or any officer of a court may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under this section.

• (6) In this section—

“enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003;

“officer of a court” means—

• (a) any sheriff, under sheriff, deputy sheriff, bailiff or officer of a sheriff; and

• (b) any officer of the county court.

Power of entry for the purposes of this Part of this Act

11

Supplementary provisions

12

• (1) In this Part of this Act—

• (a) “premises” means any building, any part of a building under separate occupation, any land ancillary to a building, the site comprising any building or buildings together with any land ancillary thereto, and (for the purposes only of sections 10 and 11 above) any other place; and

• (b) “access” means, in relation to any premises, any part of any site or building within which those premises are situated which constitutes an ordinary means of access to those premises (whether or not that is its sole or primary use).

• (2) References in this section to a building shall apply also to any structure other than a movable one, and to any movable structure, vehicle or vessel designed or adapted for use for residential purposes; and for the purposes of subsection (1) above—

• (a) part of a building is under separate occupation if anyone is in occupation or entitled to occupation of that part as distinct from the whole; and

• (b) land is ancillary to a building if it is adjacent to it and used (or intended for use) in connection with the occupation of that building or any part of it.

• (3) Subject to subsection (4) below, any person who was occupying any premises as a residence immediately before being excluded from occupation by anyone who entered those premises, or any access to those premises, as a trespasser is a displaced residential occupier of the premises for the purposes of this Part of this Act so long as he continues to be excluded from occupation of the premises by the original trespasser or by any subsequent trespasser.

• (4) A person who was himself occupying the premises in question as a trespasser immediately before being excluded from occupation shall not by virtue of subsection (3) above be a displaced residential occupier of the premises for the purposes of this Part of this Act.

• (5) A person who by virtue of subsection (3) above is a displaced residential occupier of any premises shall be regarded for the purposes of this Part of this Act as a displaced residential occupier also of any access to those premises.

• (6) Anyone who enters or is on or in occupation of any premises by virtue of—

• (a) any title derived from a trespasser; or

• (b) any licence or consent given by a trespasser or by a person deriving title from a trespasser,

shall himself be treated as a trespasser for the purposes of this Part of this Act (without prejudice to whether or not he would be a trespasser apart from this provision); and references in this Part of this Act to a person’s entering or being on or occupying any premises as a trespasser shall be construed accordingly.

• (7) Anyone who is on any premises as a trespasser shall not cease to be a trespasser for the purposes of this Part of this Act by virtue of being allowed time to leave the premises, nor shall anyone cease to be a displaced residential occupier of any premises by virtue of any such allowance of time to a trespasser.

• (8) No rule of law ousting the jurisdiction of magistrates’ courts to try offences where a dispute of title to property is involved shall preclude magistrates’ courts from trying offences under this Part of this Act.

Abolitions and repeals

13

• (1) The offence of forcible entry and any offence of forcible detainer at common law are hereby abolished for all purposes not relating to offences committed before the coming into force of this Part of this Act.

• (2) The following enactments shall cease to have effect—

• (a) the Forcible Entry Act 1381;

• (b) chapter 2 of 15 Ric. 2 (1391);

• (c) the Forcible Entry Act 1429;

• (d) the Forcible Entry Act 1588; and

• (e) the Forcible Entry Act 1623.

Part III — Criminal Procedure, Penalties, etc.

Preliminary

Preliminary

14

Allocation of offences to classes as regards mode of trial

Offences which are to become triable only summarily

15

• (1) The following offences shall be triable only summarily (instead of either way), namely—

• (a) the offences mentioned (and broadly described) in column 1 of Schedule 1 to this Act; . . .

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

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

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

• (4) The following offences under the Night Poaching Act 1828 shall be triable only summarily (instead of only on indictment), namely—

• (a) offences under section 2 of that Act (assaults by persons committing offences under the Act);

• (b) offences under section 9 of that Act (entering land, with others, armed and for the purpose of taking or destroying game or rabbits).

• (5) Subsections (1) and (4) above are without prejudice to any other enactment by virtue of which any offence is triable only summarily.

Offences which are to become triable either way

16

Offence which is to become triable only on indictment

17

Limitation of time

Provisions as to time-limits on summary proceedings for indictable offences

18

Procedure for determining mode of trial of offences triable either way

Initial procedure on information for offence triable either way

19

• (1) Sections 20 to 24 below shall have effect where a person who has attained the age of seventeen appears or is brought before a magistrates' court on an information charging him with an offence triable either way.

• (2) Without prejudice to section 15 of the Magistrates' Courts Act 1952 (non-appearance of accused for trial), everything that the court is required to do under sections 20 to 23 below must be done before any evidence is called and, subject to the following subsection and section 24 below, with the accused present in court.

• (3) The court may proceed in the absence of the accused in accordance with such of the provisions of sections 20 to 23 below as are applicable in the circumstances if they consider that by reason of his disorderly conduct before them it is not practicable for the proceedings to be conducted in his presence; and subsections (3) to (5) of section 24 below, so far as applicable, shall have effect in relation to proceedings conducted in the absence of the accused by virtue of this subsection (references in those subsections to the person representing the accused being for this purpose read as references to the person, if any, representing him).

• (4) A magistrates' court proceeding under sections 20 to 24 below may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if—

• (a) on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or

• (b) if he has been remanded at any time in the course of proceedings on the information ;

and where the court remands the accused, the time fixed for the resumption of the proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand.

• (5) The functions of a magistrates' court under sections 20 to 24 below may be discharged by a single justice, but the foregoing provision shall not be taken to authorise the summary trial of an information by a magistrates' court composed of less than two justices.

Court to begin by considering which mode of trial appears more suitable

20

• (1) The court shall consider whether, having regard to the matters mentioned in subsection (3) below and any representations made by the prosecutor or the accused, the offence appears to the court more suitable for summary trial or for trial on indictment.

• (2) Before so considering, the court—

• (a) shall cause the charge to be written down, if this has not already been done, and read to the accused ; and

• (b) shall afford first the prosecutor and then the accused an opportunity to make representations as to which mode of trial would be more suitable.

• (3) The matters to which the court is to have regard under subsection (1) above are the nature of the case; whether the circumstances make the offence one of serious character; whether the punishment which a magistrates' court would have power to inflict for it would be adequate ; and any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other.

• (4) If the prosecution is being carried on by the Attorney General, the Solicitor General or the Director of Public Prosecutions and he applies for the offence to be tried on indictment, the preceding provisions of this section and sections 21 and 22 below shall not apply, and the court shall proceed to inquire into the information as examining justices.

Procedure where summary trial appears more suitable

21

• (1) If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for summary trial, the following provisions of this section shall apply (unless excluded by section 24 below).

• (2) The court shall explain to the accused in ordinary language—

• (a) that it appears to the court more suitable for him to be tried summarily for the offence, and that he can either consent to be so tried or, if he wishes, be tried by a jury; and

• (b) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 29 of the Magistrates' Courts Act 1952 if the convicting court, on obtaining information about his character and antecedents, is of opinion that they are such that greater punishment should be inflicted than the convicting court has power to inflict for the offence.

• (3) After explaining to the accused as provided by the preceding subsection the court shall ask him whether he consents to be tried summarily or wishes to be tried by a jury, and—

• (a) if he consents to be tried summarily, shall proceed to the summary trial of the information ;

• (b) if he does not so consent, shall proceed to inquire into the information as examining justices.

Procedure where trial on indictment appears more suitable

22

If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried for the offence by a jury, and shall proceed to inquire into the information as examining justices.

Certain offences triable either way to be tried summarily if value involved is small

23

• (1) If the offence charged by the information is one of those mentioned in the first column of Schedule 4 to this Act (in this section referred to as " scheduled offences ") then, subject to subsection (7) below, the court shall, before proceeding in accordance with section 20 above, consider whether, having regard to any representations made by the prosecutor or the accused, the value involved (as defined in subsection (10) below) appears to the court to exceed the relevant sum.

For the purposes of this section the relevant sum is £200.

• (2) If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed as if the offence were triable only summarily, and sections 20 to 22 above shall not apply.

• (3) If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved exceeds the relevant sum, the court shall thereupon proceed in accordance with section 20 above in the ordinary way without further regard to the provisions of this section.

• (4) If, where subsection (1) above applies, it appears to the court for any reason not clear whether, for the offence charged, the value involved does or does not exceed the relevant sum, the provisions of subsections (5) and (6) below shall apply.

• (5) The court shall cause the charge to be written down, if this has not already been done, and read to the accused, and shall explain to him in ordinary language—

• (a) that he can, if he wishes, consent to be tried summarily for the offence and that if he consents to be so tried, he will definitely be tried in that way; and

• (b) that if he is tried summarily and is convicted by the court, his liability to imprisonment or a fine will be limited as provided in section 29 below.

• (6) After explaining to the accused as provided by the preceding subsection the court shall ask him whether he consents to be tried summarily and—

• (a) if he so consents, shall proceed in accordance with subsection (2) above as if that subsection applied;

• (b) if he does not so consent, shall proceed in accordance with subsection (3) above as if that subsection applied.

• (7) Subsection (1) above shall not apply where the offence charged—

• (a) is one of two or more offences with which the accused is charged on the same occasion and which appear to the court to constitute or form part of a series of two or more offences of the same or a similar character; or

• (b) consists in the incitement to commit two or more scheduled offences.

• (8) Where a person is convicted by a magistrates' court of a scheduled offence, it shall not be open to him to appeal to the Crown Court against the conviction on the ground that the convicting court's decision as to the value involved was mistaken; and where a person is convicted before the Crown Court of such an offence, it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which committed him for trial as to the value involved was mistaken.

• (9) If, where subsection (1) above applies, the offence charged is one with which the accused is charged jointly with a person who has not attained the age of seventeen, the reference in that subsection to any representations made by the accused shall be read as including any representations made by the person under seventeen.

• (10) In this section " the value involved ", in relation to any scheduled offence, means the value indicated in the second column of Schedule 4 to this Act, measured as indicated in the third column of that Schedule; and in that Schedule " the material time " means the time of the alleged offence.

Power of court, with consent of legally represented accused, to proceed in his absence

24

• (1) Where—

• (a) the accused is represented by counsel or a solicitor who in his absence signifies to the court the accused's consent to the proceedings for determining how he is to be tried for the offence being conducted in his absence; and

• (b) the court is satisfied that there is good reason for proceeding in the absence of the accused,

the following provisions of this section shall apply.

• (2) Subject to the following provisions of this section, the court may proceed in the absence of the accused in accordance with such of the provisions of sections 20 to 23 above as are applicable in the circumstances.

• (3) If, in a case where subsection (1) of section 23 above applies, it appears to the court as mentioned in subsection (4) of that section, subsections (5) and (6) of that section shall not apply and the court—

• (a) if the accused's consent to be tried summarily has been or is signified by the person representing him, shall proceed in accordance with subsection (2) of that section as if that subsection applied ; or

• (b) if that consent has not been and is not so signified, shall proceed in accordance with subsection (3) of that section as if that subsection applied.

• (4) If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for summary trial then—

• (a) if the accused's consent to be tried summarily has been or is signified by the person representing him, section 21 above shall not apply, and the court shall proceed to the summary trial of the information; or

• (b) if that consent has not been and is not so signified, section 21 above shall not apply and the court shall proceed to inquire into the information as examining justices and may adjourn the hearing without remanding the accused.

• (5) If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for trial on indictment, section 22 above shall not apply, and the court shall proceed to inquire into the information as examining justices and may adjourn the hearing without remanding the accused.

Power to change from summary trial to committal proceedings, and vice versa

25

• (1) Subsections (2) to (4) below shall have effect where a person who has attained the age of seventeen appears or is brought before a magistrates' court on an information charging him with an offence triable either way.

• (2) Where the court has (otherwise than in pursuance of section 23(2) above) begun to try the information summarily, the court may, at any time before the conclusion of the evidence for the prosecution, discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.

• (3) Where the court has begun to inquire into the information as examining justices, then, if at any time during the inquiry it appears to the court, having regard to any representations made in the presence of the accused by the prosecutor, or made by the accused, and to the nature of the case, that the offence is after all more suitable for summary trial, the court may, after doing as provided in subsection (4) below, ask the accused whether he consents to be tried summarily and, if he so consents, may proceed to try the information summarily:

Provided that, if the prosecution is being carried on by the Attorney General, the Solicitor General or the Director of Public Prosecutions, the court shall not act under this subsection without his consent.

• (4) Before asking the accused under subsection (3) above whether he consents to be tried summarily, the court shall in ordinary language—

• (a) explain to him that it appears to the court more suitable for him to be tried summarily for the offence, but that this can only be done if he consents to be so tried; and

• (b) unless it has already done so, explain to him, as provided in section 21(2)(b) above, about the court's power to commit to the Crown Court for sentence.

• (5) Where a person under the age of seventeen appears or is brought before a magistrates' court on an information charging him with an indictable offence other than homicide, and the court—

• (a) has begun to try the information summarily on the footing that the case does not fall within paragraph (a) or (b) of section 6(1) of the Children and Young Persons Act 1969 and must therefore be tried summarily, as required by the said section 6(1); or

• (b) has begun to inquire into the case as examining justices on the footing that the case does so fall,

subsection (6) or (7) below, as the case may be, shall have effect.

• (6) If, in a case falling within subsection (5)(a) above, it appears to the court at any time before the conclusion of the evidence for the prosecution that the case is after all one which under the said section 6(1) ought not to be tried summarily, the court may discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.

• (7) If, in a case falling within subsection (5)(b) above, it appears to the court at any time during the inquiry that the case is after all one which under the said section 6(1) ought to be tried summarily, the court may proceed to try the information summarily.

Power to issue summons to accused in certain circumstances

26

• (1) Where—

• (a) in the circumstances mentioned in section 24(1)(a) above the court is not satisfied that there is good reason for proceeding in the absence of the accused; or

• (b) subsection (4)(b) or (5) of section 24 or subsection (2) or (6) of section 25 above applies, and the court adjourns the hearing in pursuance of that subsection without remanding the accused,

the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court.

• (2) If the accused is not present at the time and place appointed—

• (a) in a case within subsection (1)(a) above, for the proceedings under section 20(1) or 23(1) above, as the case may be; or

• (b) in a case within subsection (1)(b) above, for the resumption of the hearing,

the court may issue a warrant for his arrest.

Penalties

General limit on power of magistrates' court to impose imprisonment,

27

Penalties on summary conviction for offences triable either way

28

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

• (8) Schedule 5 to this Act shall have effect for the purpose of altering the penalties available on summary conviction of certain offences triable either way not listed in Schedule 1 to the Magistrates’ Courts Act 1980; . . . .

Maximum penalties on summary conviction in pursuance of section 23

29

Penalties (and mode of trial) for offences made triable only summarily

30

• (1) The enactments specified in column 2 of Schedule 1 to this Act, which relate to the mode of trial of, and the maximum penalties for, the offences mentioned (and broadley described) in column 1 of that Schedule (being the offences which by section 15(1)(a) above made triable only summarily instead of either way) shall have effect subject to the amendments specified in column 3 of that Schedule.

• (2) The said amendments have the effect of altering the maximum penalties available on summary conviction of the offences so mentioned as well as making alterations consequential on their becoming triable only summarily; and in that Schedule column 4 shows the present maximum penalties by way of fine or imprisonment on summary conviction and on conviction on indictment, and column 5 shows the new maximum penalties resulting from the amendments.

• (3) A person who (by virtue of section 15 above) is summarily convicted of an offence under section 2 (assaults by persons committing offences under the Act) or section 9 (entering land, with others, armed and for the purpose of taking or destroying game or rabbits) of the Night Poaching Act 1828 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both (instead of to a maximum penalty on conviction on indictment of seven years imprisonment or a fine or both for an offence under the said section 2, or of fourteen years imprisonment or a fine or both for an offence under the said section 9).

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

Increase of fines for certain summary offences

31

• (1) The enactments specified in column 2 of Schedule 6 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule, so however that the preceding provision shall not alter the maximum daily fine, if any, provided for by any of those enactments.

• (2) This subsection applies to the following enactments (by virtue of which certain byelaws may make persons contravening the byelaws liable on summary conviction to a fine not exceeding £20), namely—

• (a) section 183 of the Public Health Act 1875 and section 237 of the Local Government Act 1972 (local authorities’ byelaws) in their application to byelaws under any public general Act; and

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

• (3) In the enactments to which subsection (2) above applies for any reference to £20 there shall be substituted a reference to £50; and any provision in force at the coming into force of this subsection which—

• (a) is contained in any byelaw made under a public general Act by virtue of—

• (i) any enactment to which subsection (2) above applies; or

• (ii) section 251 of the Local Government Act 1933; and

• (b) specifies £20 as the maximum fine which may be imposed on summary conviction in respect of a contravention of, or offence under, any byelaw mentioned in that provision,

shall have effect as if it specified £50 instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides).

The preceding provisions of this subsection are without prejudice to subsection (4) below.

• (4) The following byelaws, namely—

• (a) byelaws under section 75 of the Public Health Act 1961 (byelaws as to pleasure fairs and roller skating rinks);

• (b) byelaws under section 76 of that Act (byelaws as to seaside pleasure boats); . . .

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

may provide that persons contravening the byelaws shall be liable on summary convicton to a fine not exceeding level 3 on the standard scale and, in the case of a continuing offence, a further fine not exceeding £5 for each day during which the offence continues after the conviction thereof; and any such byelaw in force at the coming into force of this subsection which specifies £20 or any smaller sum as the maximum fine which may be imposed on summary conviction of an offence under any such byelaw shall have effect as if it specified level 3 on the standard scale, instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides).

• (5) This subsection applies to any pre-1949 enactment (however framed or worded) which—

• (a) as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act); or

• (b) confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act).

• (6) Every enactment to which subsection (5) above applies shall have effect as if for the specified amount less than £50 there mentioned there were substituted—

• (a) £25 if the specified amount is less than £20; or

• (b) £50 if the specified amount is not less than £20.

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

• (8) Subsection (6) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.

• (9) In subsection (5) above “pre-1949 enactment” means an enactment passed before 1st January 1949 or an enactment passed on or after that date which (whether directly or, through successive re-enactments, indirectly) re-enacts with or without modification an enactment passed before that date.

• (10) In section 67(6) of the Medicines Act 1968, for “£400” (which gives the maximum fine on summary conviction which can be imposed by regulations under section 66 for contravention of the regulations) there shall be substituted “£1,000”.

• (11) In this section “enactment” does not include an enactment contained in an order, regulation or other instrument made under an Act.

Other provisions as to maximum fines

32

• (1) Where a person convicted on indictment of any offence (whether triable only on indictment or either way) would, apart from this subsection, be liable to a fine not exceeding a specified amount, he shall by virtue of this subsection be liable to a fine of any amount.

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

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

Penalty for offences under section 3 of Explosive Substances Act 1883

33

For an offence under section 3 of the Explosive Substances Act 1883 (attempt to cause explosion, or making or keeping explosive, with intent to endanger life or property in the United Kingdom or the Republic of Ireland) the maximum term of imprisonment which may be imposed by a court in Great Britain shall be increased from twenty years to life.

Young offenders

Power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances

34

Power to commit a person under 17 for trial extended to related offences in certain cases

35

In section 6 of the Children and Young Persons Act 1969 (summary trial of young persons), after subsection (1) there shall be inserted—

(1A) Where, in a case falling within subsection (1)(b) above, a magistrates' court commits a person under the age of seventeen for trial for an offence with which he is charged jointly with a person who has attained that age, the court may also commit him for trial for any other indictable offence with which he is charged at the same time (whether jointly with the person who has attained that age or not) if that other offence arises out of circumstances which are the same as or connected with those giving rise to the first-mentioned offence.

.

Enforcement of fines imposed on young offenders

36

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

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

• (9) In this section—

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

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

• “sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including an order made under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders) as applied by section 3(6) of the Children and Young Persons Act 1969.

Supervision orders

37

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

• (2) In section 15 of the Children and Young Persons Act 1969 (variation and discharge of supervision orders), after subsection (2) there shall be inserted the following subsection—

(2A) If while a supervision order to which section 12(3A) of this Act applies is in force in respect of a person who has not attained the age of eighteen it is proved to the satisfaction of a juvenile court, on the application of the supervisor, that the supervised person has failed to comply with any requirement included in the supevision order in pursuance of section 12 or section 18(2)(b of this Act, the court may, whether or not it also makes an order under subsection (1) of this section— (a) order him to to pay an amount not exceeding £50; or (b) subject to section 16(10) of this Act, make an attendance centre order in respect of him.

.

• (3) The preceding provisions of this section, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those provisions.

Cross-border enforcement

Execution throughout United Kingdom of warrants of arrest

38

Service of summonses and citation throughout United Kingdom

39

• (1) The following documents, namely—

• (a) a summons requiring a person charged with an offence to appear before a court in England or Wales,

• (b) a written charge (within the meaning of section 29 of the Criminal Justice Act 2003) charging a person with an offence,

• (c) a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales,

• (ca) a single justice procedure notice (within the meaning of that section) requiring a person charged with an offence to serve a written notification stating—

• (i) whether or not the person desires to plead guilty, and

• (ii) if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980, and

• (d) any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) , (c) or (ca) above,

may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland.

• (1A) The documents falling within subsection (1)(a) include a summons directed to a person that is issued after the person's trial has begun.

• (2) A summons requiring a person charged with an offence to appear before a court in Northern Ireland may, in such manner as may be prescribed by rules of court, be served on him in England, Wales or Scotland.

• (3) Citation of a person charged with a crime or offence to appear before a court in Scotland may be effected in any other part of the United Kingdom in like manner as it may be done in Scotland, and for this purpose the persons authorised to effect such citation shall include

• (a) , in England and Wales and Northern Ireland, constables and prison officers serving in those parts of the United Kingdom

• (b) persons authorised by a chief officer of police in England or Wales to serve summonses there.

Transfer of fine orders

40

Schedule 7 to this Act (which confers powers on courts in Northern Ireland, and extends the existing powers of courts in England, Wales and Scotland, to make transfer of fine orders) shall have effect.

Other provisions

Transfer of remand hearings

41

Remand of accused already in custody

42

• (1) When a magistrates' court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.

• (2) But the court shall enquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.

• (3) So long as he is detained under a custodial sentence, an application for him to be further remanded in custody may be made and determined without his appearance in court, provided that he is represented by counsel or a solicitor who signifies the accused's consent to the application being heard in his absence.

Peremptory challenge of jurors

43

Appeals against conviction

44

Cases where magistrates' court may remit offender to another such court for sentence

45

Committal for sentence for offences tried summarily

46

Prison sentence partly served and partly suspended

47

Power to make rules as to furnishing of information by prosecutor in criminal proceedings

48

• (1) Criminal Procedure Rules may make, with respect to proceedings against any person for a prescribed offence or an offence of any prescribed class, provision—

• (a) for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the accused or a person representing him is furnished with, or can obtain, advance information concerning all, or any prescribed class of, the facts and matters of which the prosecutor proposes to adduce evidence; and

• (b) for requiring a magistrates’ court, if satisfied that any requirement imposed by virtue of paragraph (a) above has not been complied with, to adjourn the proceedings pending compliance with that requirement unless the court is satisfied that the conduct of the case for the accused will not be substantially prejudiced by non-compliance with the requirement.

• (2) Rules made by virtue of subsection (1)(a) above—

• (a) may require the prosecutor to do as provided in the rules either—

• (i) in all cases; or

• (ii) only if so requested by or on behalf of the accused;

• (b) may exempt facts and matters of any prescribed description from any requirement imposed by the rules, and may make the opinion of the prosecutor material for the purposes of any such exemption; and

• (c) may make different provision with respect to different offences or offences of different classes.

• (3) It shall not open to person convicted of an offence to appeal against the conviction on the ground that a requirement imposed by virtue of subsection (1) above was not complied with by the prosecutor.

Power to order search of persons before Crown Court

49

Part IV — Miscellaneous Provisions

Amendment of Road Traffic Act 1972

50

Bomb hoaxes

51

• (1) A person who—

• (a) places any article in any place whatever; or

• (b) dispatches any article by post, rail or any other means whatever of sending things from one place to another,

with the intention (in either case) of inducing in some other person a belief that it is likely to explode or ignite and thereby cause personal injury or damage to property is guilty of an offence.

In this subsection “article” includes substance.

• (2) A person who communicates any information which he knows or believes to be false to another person with the intention of inducing in him or any other person a false belief that a bomb or other thing liable to explode or ignite is present in any place or location whatever is guilty of an offence.

• (3) For a person to be guilty of an offence under subsection (1) or (2) above it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief mentioned in that subsection.

• (4) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000, or both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding seven years.

Misuse of Drugs Act 1971: redefinition of cannabis

52

In section 37(1) (interpretation) of the Misuse of Drugs Act 1971, for the definition of “cannabis” there shall be substituted—

“cannabis” (except in the expression “cannabis resin”) means any plant of the genusCannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely— (a) mature stalk of any such plant, (b) fibre produced from mature stalk of any such plant, and (c) seed of any such plant;

.

Amendments of Obscene Publications Act 1959 with respect to cinematograph exhibitions

53

• (1) In the proviso to section 1(3) of the Obscene Publications Act 1959 (which excludes from the scope of that Act anything done in the course of a cinematograph exhibition taking place otherwise than in a private house to which the public are not admitted and anything done in the course of television or sound broadcasting) the words from “a cinematograph exhibition” to “in the course of” shall be omitted.

• (2) In section 2 of that Act (prohibition of publication of obscene matter) at the end of subsection (3) there shall be inserted the following subsection:—

(3A) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions in any case where the article in question is a moving picture film of a width of not less than sixteen millimetres and the relevant publication or the only other publication which followed or could reasonably have been expected to follow from the relevant publication took place or (as the case may be) was to take place in the course of a cinematograph exhibition; and in this subsection “the relevant publication” means— (a) in the case of any proceedings under this section for publishing an obscene article, the publication in respect of which the defendant would be charged if the proceedings were brought; and (b) in the case of any proceedings under this section for having an obscene article for publication for gain, the publication which, if the proceedings were brought, the defendant would be alleged to have had in contemplation.

• (3) In section 2 of that Act after subsection (4) there shall be inserted the following subsection:—

(4A) Without prejudice to subsection (4) above, a person shall not be proceeded against for an offence at common law— (a) in respect of a cinematograph exhibition or anything said or done in the course of a cinematograph exhibition, where it is of the essence of the common law offence that the exhibition or, as the case may be, what was said or done was obscene, indecent, offensive, disgusting or injurious to morality; or (b) in respect of an agreement to give a cinematograph exhibition or to cause anything to be said or done in the course of such an exhibition where the common law offence consists of conspiring to corrupt public morals or to do any act contrary to public morals or decency.

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

• (5) In section 3 of that Act (which among other things makes provision for the forfeiture of obscene articles kept for publication for gain) at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (3A) of this section” and at the end of that subsection there shall be inserted the following subsection:—

(3A) Without prejudice to the duty of a court to make an order for the forfeiture of an article where section 1(4) of the Obscene Publications Act 1964 applies (orders made on conviction), in a case where by virtue of subsection (3A) of section 2 of this Act proceedings under the said section 2 for having an article for publication for gain could not be instituted except by or with the consent of the Director of Public Prosecutions, no order for the forfeiture of the article shall be made under this section unless the warrant under which the article was seized was issued on an information laid by or on behalf of the Director of Public Prosecutions.

• (6) In section 4 of that Act (defence of public good) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A) of this section” and at the end of that subsection there shall be inserted the following subsection:—

(1A) Subsection (1) of this section shall not apply where the article in question is a moving picture film or soundtrack, but— (a) a person shall not be convicted of an offence against section 2 of this Act in relation to any such film or soundtrack, and (b) an order for forfeiture of any such film or soundtrack shall not be made under section 3 of this Act, if it is proved that publication of the film or soundtrack is justified as being for the public good on the ground that it is in the interests of drama, opera, ballet or any other art, or of literature or learning.

• (7) At the end of section 4 of that Act there shall be added the following subsection:—

(3) In this section “moving picture soundtrack” means any sound record designed for playing with a moving picture film, whether incorporated with the film or not.

Inciting girl under sixteen to have incestuous sexual intercourse

54

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

Amendment of Rabies Act 1974 and Diseases of Animals (N.I.) Order 1975

55

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

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

Coroners' inquests

56

Probation and conditional discharge: power to vary statutory minimum or maximum period

57

Proceedings involving persons under 17: increase of certain pecuniary limits

58

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

• (2) In section 2(13) of the Children and Young Persons Act 1969 (by virtue of which the maximum amount for which the parent or guardian of a child or young person can be required by an order under section 1 of that Act to enter into a recognisance to take proper care of and exercise proper control over him is £50), for the words “fifty pounds” there shall be substituted the words “£200”.

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

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

• (5) In section 15(4) of the said Act of 1969 (powers of a magistrates’ court other than a juvenile court in respect of failure by the supervised person to comply with certain requirements of a supervision order, if that person has attained the age of eighteen)—

• (a) in paragraph (a) (under which, if the court does not discharge the supervision order, the maximum fine which it can impose on the supervised person is £20), for the words “twenty pounds” there shall be substituted the words “£50”; and

• (b) for the words “four hundred pounds” (which specify the maximum fine which the court can impose if it discharges the supervision order in a case where the offence in consequence of which the order was made is of a kind which the court has no power to try or has no power to try without appropriate consents) there shall be substituted the words “£1,000”.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

59

Increase in maximum amount of compensation which may be ordered by magistrates' court

60

• (1) In section 35(5) of the Powers of Criminal Courts Act 1973 (limit of £400 on compensation which can be made payable under a compensation order made by a magistrates' court) for the words "£400" there shall be substituted the words " £1,000 ".

• (2) Subsection (1) above shall not apply in relation to a compensation order made in respect of an offence committed before the coming into force of this section.

Power to alter sums specified in certain provisions

61

• (1) If it appears to the Secretary of State that there has been a change in the value of money since the last occasion when the sum or sums specified in a provision mentioned in subsection (2) below were fixed (whether by the coming into force of a provision of this Act or by order under this subsection), the Secretary of State may by order substitute for the sum or sums for the time being specified in that provision such other sum or sums as appear to him justified by the change.

• (2) The said provisions are—

• (a) section 23(1) above ;

• (b) the definition of " the prescribed sum " in section 28(7) above;

• (c) paragraph (a) of section 29 above ;

• (d) 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.)

• (e) section 35(5) of the Powers of Criminal Courts Act 1973 (limit on compensation which can be made payable under a compensation order made by a magistrates' court).

• (3) Where it appears to the Secretary of State that the difference between a sum to which subsection (4) below applies and the prescribed sum (within the meaning of section 28 above) has been or would be altered or eliminated by an order made or proposed to be made under subsection (1) above, he may by order amend the enactment specifying the first-mentioned sum so as to substitute for that sum such other sum as appears to him to be justified by a change in the value of money appearing to him to have taken place between—

• (a) the last occasion on which the sum in question was fixed; and

• (b) the making of the order or proposed order under subsection (1) above.

• (4) This subsection applies to any sum specified in any enactment contained in this Act (except paragraph (a) of section 29) or in any Act passed before, or in the same Session as, this Act as—

• (a) the maximum fine which may be imposed on summary conviction of an offence triable either way; or

• (b) the maximum fine which, in the exercise of any power by subordinate instrument to impose penal provisions, may be authorised on summary conviction in respect of an offence triable either way.

• (5) An order under subsection (1) or (3) above—

• (a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and

• (b) without prejudice to Schedule 14 to this Act, shall not affect the punishment for an offence committed before that order comes into force.

Right to have someone informed when arrested

62

Part V — Provisions applying to Scotland

Provisions applying to Scotland

63

• (1) The Criminal Procedure (Scotland) Act 1975 shall have effect subject to the amendments specified in Schedule 11 to this Act.

• (2) The following provisions of this Act shall have effect in relation to Scotland, namely—

• section 15(2) to (4).

• section 30(3);

• section 31(10);

• section 32(3);

• section 33;

• sections 38 to 40 and Schedule 7;

• sections 50 to 52;

• Sections 55(1) to (3);

• section 65(1), (3) and (6) to (10) and Schedule 14;

• section 65(4) and Schedule 12 so far as they relate to—Night Poaching Act 1828,Public Stores Act 1875,Explosive Substances Act 1833,Prison Act 1952 (in its application to persons for the time being in Scotland),Adoption Act 1958,sections 26, 28, 29 and 39(1) of the Criminal Justice Act 1961,Housing (Scotland) Act 1966,Road Traffic Regulations Act 1967,sections . . . 60 of the Criminal Justice Act 1967 and (in its application to persons for the time being in Scotland) section 63 of that Act,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gaming Act 1968,section 179 of the Road Traffic Act 1972,Health and Safety at Work etc. Act 1974,Rehabilitation of Offenders Act 1974;

• section 65(5) and Schedule 13 so far as they relate to—Night Poaching Act 1828,Truck Act 1831,Public Stores Act 1875,section . . . 9 or 19 of the Conspiracy and Protection of Property Act 1875,Cruelty to Animals Act 1876,Truck Amendment Act 1887,Witnesses (Public Inquiries) Protection Act 1892,section 283 of the Customs and Excise Act 1952,...sections 26 and 28 of the Criminal Justice Act 1961,Penalties for Drunkenness Act 1962,Criminal Justice (Scotland) Act 1963,sections 43(2) and 80 of the Road Traffic Regulation Act 1967,sections 60, 92(8) and 106(2)(f) of and, in relation to enactments mentioned therein which extend to Scotland, Part I of Schedule 3 to the Criminal Justice Act 1967,Firearms Act 1968,Transport Act 1968,section 59(5)(e) of and paragraph 48(a) of Schedule 8 to the Courts Act 1971,Misuse of Drugs Act 1971,Road Traffic Act 1972,section 58(a) of the Powers of Criminal Courts Act 1973,Road Traffic Act 1974,District Courts (Scotland) Act 1975,Criminal Procedure (Scotland) Act 1975,Protection of Birds (Amendment Act) 1976;

• Schedule 9, paragraph 3(3).

Part VI — Supplementary

Meaning of " indictable offence ", " summary offence " and " offence triable either way " in England and Wales

64

• (1) In this Act . . . —

• (a) “indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;

• (b) “summary offence” means an offence which, if committed by an adult, is triable only summarily;

• (c) “offence triable either way” means an offence which, if committed by an adult, is triable either on indictment or summarily;

and the terms “indictable”, “summary” and “triable either way”, in their application to offences, shall be construed accordingly.

• (2) In the definitions in subsection (1) above references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates’ Courts Act 1980 (cases where value involved is small) on the mode of trial.

Citation, etc.

65

• (1) This Act may be cited as the Criminal Law Act 1977.

• (2) The provisions of sections 15 to 32 and 48 above, so far as they relate to proceedings before magistrates’ courts, shall be construed as one with the Magistrates’ Courts Act 1980, except that in those provisions “fine” shall include any pecuniary penalty.

• (3) Except where the context otherwise requires, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as extended or applied, by or under any other enactment, including this Act.

• (4) The enactments specified in Schedule 12 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

• (5) Subject to the transitional provisions contained in this Act, the enactments specified in Schedule 13 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

• (6) There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

• (7) 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 purposes.

• (8) Without prejudice to any other transitional provision contained in this Act, the transitional provisions contained in Schedule 14 to this Act shall have effect.

• (9) Without prejudice to Schedule 14 or any other transitional provision contained in this Act, an order under subsection (7) above 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.

• (10) In this Act—

• (a) Part V and, so far as there provided, the provisions mentioned in section 63(2) above extend to Scotland;

• (b) the following provisions extend to Northern Ireland namely—

• sections 38 to 40,

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

• section 52,

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

• subsections (1), (3) and (6) to (10) of this section,

• Schedule 7,

• in Schedule 14, paragraph 5;

• (c) section 31 and Schedule 6, so far as they amend any enactment which extends to the Channel Islands or the Isle of Man, extend to the Channel Islands or the Isle of Man, as the case may be;

• (d) subsections (4) and (5) above and Schedules 12 and 13, so far as they relate to—

• (i) section 45 of the Prison Act 1952 (in its application to persons for the time being in Northern Ireland or in the Channel Islands or the Isle of Man);

• (ii) Part III and section 39(1) of the Criminal Justice Act 1961; and

• (iii) sections 60 and 63 of the Criminal Justice Act 1967 (in their application to persons for the time being in Northern Ireland or in the Channel Islands or the Isle of Man),

extend to Northern Ireland, the Channel Islands and the Isle of Man (as well as, by virtue of paragraph (a) above, to Scotland;

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

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

SCHEDULE 1

SCHEDULES 2—4

1

Offences at common law of public nuisance.

2

Offences under section 8 of the Disorderly Houses Act 1751 (appearing to be keeper of bawdy house etc.).

3

Offences consisting in contravention of section 13 of the Statutory Declarations Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).

4

Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on railways).

5

Offences under the following provisions of the Offences against the Person Act 1861—

• (a) section 16 (threats to kill);

• (b) section 26 (not providing apprentices or servants with food etc.);

• (c) section 34 (doing or omitting to do anything so as to endanger railway passengers);

• (d) section 36 (assaulting a clergyman at a place of worship etc.);

• (e) section 38 (assault with intent to resist apprehension);

• (f) section 57 (bigamy).

6

Offences under section 13 of the Debtors Act 1869 (transactions intended to defraud creditors).

7

Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent to conceal).

8

Offences under section 12 of the Corn Returns Act 1882 (false returns).

9

Offences under section 22 of the Electric Lighting Act 1882 (injuring works with intent to cut off electricity supply).

10

Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables).

11

Offences under section 8(2) of the Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).

12

All offences under the Perjury Act 1911 except offences under—

• (a) section 1 (perjury in judicial proceedings);

• (b) section 3 (false statements etc. with reference to marriage);

• (c) section 4 (false statements etc. as to births or deaths);

• (d) section 5 (false statutory declarations and other false statements without oath) so far as it relates to statements in statutory declarations.

13

The following offences under the Forgery Act 1913—

• (a) offences under paragraph (a) of section 2(2) (forgery of valuable security etc.) in relation to any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels, where the amount of money or the value of the goods or chattels does not exceed £1,000 but does exceed £100 ;

• (b) offences under paragraph (a) of section 7 (demanding property on forged documents), where the amount of the money or the value of the property in respect of which the offence is committed does not exceed £1,000 but does exceed £100.

14

Offences under section 17 of the Deeds of Arrangement Act 1914 (trustee making preferential payments).

15

Offences under section 3(4) of the Checkweighing in Various Industries Act 1919 (false statements).

16

Offences under section 8(2) of the Census Act 1920 (disclosing census information).

17

Offences under the following provisions of the Sexual Offences Act 1956—

• (a) section 6 (unlawful sexual intercourse with a girl under 16);

• (b) section 26 (permitting a girl under 16 to use premises for sexual intercourse).

18

Offences under section 3(1) of the Shipping Contracts and Commercial Documents Act 1964 (offences), so far as it relates to the contravention of any direction under that Act.

19

The following offences under the Criminal Law Act 1967—

• (a) offences under section 4(1) (assisting offenders) ; and

• (b) offences under section 5(1) (concealing arrestable offences and giving false information),

where the offence to which they relate is triable either way otherwise than by virtue of section 16(2) above.

20

The following offences under the Theft Act 1968—

• (a) burglary in a dwelling where entry to the dwelling or part of it in which the burglary was committed, or to any building or part of a building containing the dwelling, was obtained by force or deception or by the use of any tool, key or appliance, except where any person in the dwelling was subjected to violence or the threat of violence ;

• (b) handling stolen goods from an offence not committed in the United Kingdom.

21

Uttering any forged document the forgery of which is an offence mentioned in this Schedule.

22

Aiding, abetting, counselling or procuring the commission of any offence mentioned in the preceding paragraphs of this Schedule except paragraph 19.

23

Attempting to commit any offence mentioned in the preceding paragraphs of this Schedule except paragraphs 19 and 22.

24

Any offence consisting in the incitement to commit an offence mentioned in the preceding paragraphs of this Schedule except paragraphs 22 and 23.

SCHEDULE 3

1

Offences at common law of public nuisance.

2

Offences under section 8 of the Disorderly Houses Act 1751 (appearing to be keeper of bawdy house etc.).

3

Offences consisting in contravention of section 13 of the Statutory Declaration Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).

4

Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on railways).

5

Offences under the following provisions of the Offences against the Person Act 1861—

• (a) section 16 (threats to kill) ;

• (b) section 20 (inflicting bodily injury, with or without a weapon) ;

• (c) section 26 (not providing apprentices or servants with food etc.);

• (d) section 27 (abandoning or exposing child) ;

• (e) section 34 (doing or omitting to do anything so as to endanger railway passengers);

• (f) section 36 (assaulting a clergyman at a place of worship etc.);

• (g) section 38 (assault with intent to resist apprehension);

• (h) section 47 (assault occasioning bodily harm—common assault);

• (i) section 57 (bigamy);

• (j) section 60 (concealing the birth of a child).

6

Offences under section 20 of the Telegraph Act 1868 (disclosing or intercepting messages).

7

Offences under section 13 of the Debtors Act 1869 (transactions intended to defraud creditors).

8

Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent to conceal).

9

Offences under section 12 of the Corn Returns Act 1882 (false returns).

10

Offences under section 22 of the Electric Lighting Act 1882 (injuring works with intent to cut off electricity supply).

11

Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables).

12

Offences under section 13 of the Stamp Duties Management Act 1891 (offences in relation to dies and stamps).

13

Offences under section 8(2) of the Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).

14

All offences under the Perjury Act 1911 except offences under—

• (a) section 1 (perjury in judicial proceedings);

• (b) section 3 (false statements etc. with reference to marriage);

• (c) section 4 (false statements etc. as to births or deaths).

15

The following offences under the Forgery Act 1913—

• (a) offences under paragraph (a) of section 2(2) (forgery of valuable security etc.) in relation to—

• (i) any document being an accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal; or

• (ii) any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels, where the amount of money or the value of the goods or chattels does not exceed £1,000 ;

• (b) offences under section 4 (forgery of documents in general); and

• (c) offences under paragraph (a) of section 7 (demanding property on forged documents), where the amount of the money or the value of the property in respect of which the offence is committed does not exceed £1,000.

16

Offences under section 17 of the Deeds of Arrangement Act 1914 (trustee making preferential payments).

17

Offences under section 3(4) of the Checkweighing in Various Industries Act 1919 (false statements).

18

Offences under section 8(2) of the Census Act 1920 (disclosing census information).

19

Offences under section 36 of the Criminal Justice Act 1925 (forgery of passports etc.).

20

Offences under section 11 of the Agricultural Credits Act 1928 (frauds by farmers).

21

Offences under the following provisions of the Coinage Offences Act 1936—

• (a) section 4(1) (defacing coins);

• (b) section 5(1) (uttering counterfeit coin);

• (c) section 5(2) (uttering counterfeit gold or silver coin);

• (d) section 5(3) (possession of counterfeit gold or silver coin);

• (e) section 5(4) (possession of counterfeit copper coin);

• (f) section 5(6) (uttering coins etc. as gold or silver coins);

• (g) section 7 (importing and exporting counterfeit coin);

• (h) section 8 (making, possessing or selling medals resembling gold or silver coin).

22

Offences under the following provisions of the Post Office Act 1953—