Legalize / United Kingdom / Public General Act

Criminal Law Act 1977

Type Public General Act

Publication 1977-07-29

Last updated 2020-12-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) section 53 (unlawfully taking away or opening mail bag);

(b) section 55 (fraudulent retention of mail bag or postal packet);

(d) section 58 (opening or delaying of postal packets by officers of the Post Office).

23

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

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

(b) section 13 (indecency between men) ;

24

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.

25

Offences under section 24B(7) of the Housing Subsidies Act 1967 (failure to notify lender that residence condition not fulfilled or ceased to be fulfilled).

26

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.

27

Offences under section 4(1) of the Sexual Offences Act 1967 (procuring others to commit homosexual acts).

28

All indictable offences under the Theft Act 1968 except:—

(a) robbery, aggravated burglary, blackmail and assault with intent to rob;

(b) burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment;

29

Offences under the following provisions of the Criminal Damage Act 1971—

section 1(1) (destroying or damaging property);

section 1(1) and (3) (arson);

section 2 (threats to destroy or damage property);

section 3 (possessing anything with intent to destroy or damage property).

30

Offences in relation to stamps issued for the purpose of national insurance under the provisions of any enactments as applied to those stamps.

31

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

32

Committing an indecent assault upon a person whether male or female.

33

Aiding, abetting, counselling or procuring the commission of any offence listed in the preceding paragraphs of this Schedule except paragraph 26.

34

Attempting to commit an offence triable either way except an offence mentioned in paragraph 26 or 33 above.

35

Any offence consisting in the incitement to commit an offence triable either way except an offence mentioned in paragraph 33 or 34 above.

SCHEDULE 4

SCHEDULE 5

1

(1) The Misuse of Drugs Act 1971 shall be amended as follows—

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

(b) in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in subparagraph (2)(b) below, for “6 months or £200, or both” there shall be substituted “three months or £500, or both”; and

(i) for “6 months or £400, or both” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “3 months or £500, or both”; and

(ii) for “6 months or £200, or both” (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted “3 months or £200, or both”.

(1A) The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i) section 4(2) (production, or being concerned in the production of a controlled drug);

(ii) section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii) section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv) section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v) section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or

(vi) section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs).

(2) The offences to which (as provided in section 28(8) above) section 28(2) above does not apply are—

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

(c) offences under the following provisions of the Customs and Excise Act 1952, where the controlled drug constituting the goods in respect of which the offence was committed was a Class C drug, namely—

(i) section 45(1) (improper importation);

(ii) section 56(2) (improper exportation);

(iii) section 304 (fraudulent evasion of prohibition or restriction affecting goods).

(3) In this paragraph “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the Misuse of Drugs Act 1971.

2

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Schedule 6

SCHEDULE 7

England and Wales

1

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Scotland

2

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Northern Ireland

3

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SCHEDULE 8

1

A court which, on adjourning a case, makes an order under section 41(1) above is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.

2

Where an order under subsection (1) of section 41 above is made in the course of proceedings which, for the purposes of section 3 of the Criminal Justice Act 1967 (reporting restrictions and their removal), are committal proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.

3

A court making an order under subsection (1) of section 41 above or remanding the accused under subsection (4) shall at once notify the court before which the accused is to be brought as to the terms of the order or remand.

4

A person to whom an order under section 41(1) above applies shall, if released on bail, be bailed to appear before the court which made the order.

5

Section 41 above and this Schedule have effect notwithstanding anything in sections 6 and 14 of the Magistrates' Courts Act 1952 or section 19(4) above.

SCHEDULE 9

Probation orders

1

Where a court makes an order under section 47(1) above with respect to a sentence of imprisonment, it shall not make a probation order in the offender’s case in respect of another offence of which he is convicted by or before that court, or for which he is dealt with by that court.

Courts competent to restore sentence held in suspense

2

(1) In relation to a sentence of imprisonment part of which is held in suspense, the courts competent under section 47(3) above are—

(a) the Crown Court; and

(b) where the sentence was passed by a magistrates’ court, any magistrates’ court before which the offender appears or is brought.

(2) Where an offender is convicted by a magistrates’ court of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the whole period of a sentence passed by the Crown Court with an order under section 47(1) above—

(a) it may, if it thinks fit, commit him in custody or on bail to the Crown Court; and

(b) if it does not, it shall give written notice of the conviction to the appropriate officer of that court.

(3) For the purposes of this and the next following paragraph, a sentence of imprisonment passed on an offender with an order under section 47(1) above shall be treated as having been passed (with such an order) by the court which originally sentenced him.

Recall of offender on re-conviction

3

(1) If it appears to the Crown Court, where that court has jurisdiction in accordance with sub-paragraph (2) below, or to a justice of the peace having jurisdiction in accordance with that sub-paragraph that an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the whole period of a sentence passed with an order under section 47(1) above and that he has not been dealt with in respect of the part of the sentence held in suspense, that court or justice may, subject to the following provisions of this paragraph, issue a summons requiring the offender to appear at the place and time specified therein, or a warrant for his arrest.

(2) Jurisdiction for the purposes of sub-paragraph (1) above may be exercised—

(a) if the sentence was passed by the Crown Court, by that court;

(b) if it was passed by a magistrates’ court, by a justice acting for the area for which that court acted.

(3) Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the whole period of a sentence passed in England and Wales with an order under section 47(1) above, the court shall give written notice of the conviction to the appropriate officer of the court by which the original sentence was passed.

(4) Unless he is acting in consequence of a notice under sub-paragraph (3) above, a justice of the peace shall not issue a summons under this paragraph except on information and shall not issue a warrant under this paragraph except on information in writing and on oath.

(5) A summons or warrant issued under this paragraph shall direct the offender to appear or to be brought before the court by which the original sentence of imprisonment was passed.

Miscellaneous (procedural)

4

Where the offender is before the Crown Court with a view to the exercise by that court of its powers under section 47(3) above, any question whether and, if so, when he has been convicted of an offence shall be determined by the court and not by the verdict of a jury.

5

Where the offender has been before a court with a view to its exercising those powers, the appropriate officer shall—

(a) if the court decided not to exercise the powers, record that fact; and

(b) whether or not it exercised them, notify the appropriate officer of the court which passed the original sentence as to the manner in which the offender was dealt with.

6

For the purposes of any enactment conferring rights of appeal in criminal cases, the restoration by a court under section 47(3) above of a part of a sentence held in suspense shall be treated as a sentence passed on the offender by that court for the original offence, that is to say the offence for which the original sentence was passed with an order under section 47(1) above.

Miscellaneous (consequential)

7

Subject to section 60(1C) of the Criminal Justice Act 1967 (release on licence), where a sentence of imprisonment is passed with an order under section 47(1) above, it is still to be regarded for all purposes as a sentence of imprisonment for the term stated by the court, notwithstanding that part of it is held in suspense by virtue of the order; and, for the avoidance of doubt, a sentence of which part is held in suspense by virtue of such an order is not to be regarded as falling within the expression “suspended sentence” for the purposes of any legislation, instrument or document.

8

Where an offender is sentenced to imprisonment with an order under section 47 above and, having served part of the sentence in prison, is discharged under section 25(1) of the Prison Act 1952 (remission for industry and good conduct), the remainder of the sentence being held in suspense, the sentence is not to be regarded as expiring under that section.

9

In section 21 of the Firearms Act 1968 (prohibition on possession of firearms by persons previously convicted of crime), after subsection (2) there shall be inserted—

(2A) For the purposes of section (2) above, “the date of his release”, in the case of a person sentenced to imprisonment with an order under section 47(1) of the Criminal Law Act 1977, is the date on which he completes service of so much of the sentence as was by that order required to be served in prison

10

In section 67 of the Criminal Justice Act 1967 (computation of sentence where offender has been previously in custody), in subsection (1), after “arose, but” there shall be inserted “(a)”, . . . .

11

In section 1 of the Rehabilitation of Offenders Act 1974 (general principle as to rehabilitation when conviction is spent), after subsection (2) there shall be inserted—

(2A) Where in respect of a conviction a person has been sentenced to imprisonment with an order under under section 47(1) of the Criminal Law Act 1977, he is to be treated for the purposes of subsection (2) above as having served the sentence as soon as he completes service of so much of the sentence as was by thet order required to be served in prison

SCHEDULE 10

SCHEDULE 11

1

There shall be inserted after section 193 a new section as follows—

(193A) Where a person convicted on indictment of any offence (whether triable only on indictment or triable either on indictment or summarily) would, apart from this section, be liable to a fine not exceeding a specified amount, he shall by virtue of this section be liable to a fine of any amount]

2

There shall be inserted after section 283 a new section as follows—

(283A) (1) The provision of this or any other enactment notwithstanding, the offences mentioned (and broadly described) in column 1 of Schedule 7A to this Act shall be triable only summarily. (2) Subsection (1) above is without prejudice to any other provision by virtue of which any offence is triable only summarily.]

3

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4

(1) In section 289(a), for “£150” there shall be substituted “the prescribed sum (within the meaning of section 289B below)”.

(2) In section 289(b) for “£150” there shall be substituted “the prescribed sum (within the meaning of section 289B below)]”.

5

There shall be inserted after section 289 new sections as follows—

(289A) (1) The enactments specified in column 2 of Schedule 7A to this Act (which relate to the modes of, and the maximum penalties for, the offences which are by section 283A of this Act made triable only summarily) shall so far as they relate to Scotland 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 those offences 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. (289B) (1) Where any offence created by a relevant enactment may by virtue of that enactment be tried either on indictment or summarily, the maximum fine if it is tried summarily shall be the prescribed sum (unless the offence is one for which by virtue of some other enactment a larger fine may be imposed on summary conviction). (2) Where, by virtue of a relevant enactment, a person summarily convicted of any offence to which subsection (1) above relates would, apart from this section, be liable to a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one. (3) Subsection (1) 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. (4) Where, as regards any offence to which subsection (1) above relates, there is under any enactment (in whatever words) a power by subordinate instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence— (a) subsection (1) above shall not affect that power or override any restriction imposed in exercise of that power; and (b) the amount to which that fine may be restricted in exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed. (5) Where there is under a relevant enactment (in whatever words) a power by subordinate instrument to create a criminal offence— (a) the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of such an offence, when that offence may be tried either on indictment or summarily, shall by virtue of this subsection be the prescribed sum unless some larger maximum fine can be authorised on summary conviction in respect of such an offence by virtue of an enactment other than this subsection; and (b) subsection (1) above Shall not override any restriction imposed in the exercise of that power on the amount of the fine which on summary conviction can be imposed in respect of an offence created in the exercise of the power. (6) In this section— - “the Prescribed sum” means £1,000 or such sum as is for the time being substituted in this definition bv an order in force under section 289D(1) below; - “relevant enactment” means an enactment contained in the Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same Session as, that Act. (7) Schedule 7B to this Act shall have effect for the purpose of altering the penalties available on summary conviction of the offences therein mentioned; and subsection (1) above shall not apply on summary conviction of any of the offences mentioned in paragraph 1(2) of the said Schedule 7B. (298C) (1) The enactments specified in column 2 of Schedule 7C 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 203 of the Local Government (Scoland) Act 1973 (offences against byelaws) but (the provisions of section 462(11) of this Act notwithstanding) not that section as applied to byelaws made under any provision contained in a local or private Act other than by a local authority; and (b) paragraph 5 of Schedule 6 to the Weights and Measures Act 1963 (byelaws about solid fuel), including that paragraph as extended to wood fuel by paragraph 4 of Part IV of Schedule 7 to that Act. (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 by virtue of any enactment to which subsection (2) above applies; 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). (4) 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). (5) Every enactment to which subsection (4) 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. (6) Where, by virtue of any enactment to which subsection (4) above applies by virtue of paragraph (a) of that subsection, a person convicted of a summary offence would, apart from this section, be liable to a fine, or maximum fine, of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions. (7) Subsection (5) 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. (8) In subsection (4) 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. (9) In this section “enactment” does not include an enactment contained in an order, regulation or other instument made under an Act. (289D) (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 prescribed sum (within the meaning of section 289B above) was 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 that sum such other sum as appears to him justified by the change. (2) Where is appears to the Secretary of State that the difference between a sum to which subsection (3) below applies and the prescribed sum (within the meaning of section 289B 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. (3) This subsection applies to any sum specified in any enactment contained in the Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same Session as, that Act as— (a) the maximum fine which may be imposed on summary conviction of an offence triable either summarily or on indictment; (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 summarily or on indictment; or (c) the maximum amount of caution which an accused may be ordained to find under section 284(c) above. (4) An order under subsection (1) or (2) 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 the Criminal Law Act 1977, shall not affect the punishment for an offence committed before that order comes into force.]

6

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7

For section 394(b) there shall be substituted the following paragraph—

(b) to substitute for imprisonment a fine which in the case of an offence triable either summarily or on indictment shall not exceed the prescribed sum (within the meaning of section 289B above), and in the case of an offence triable only summarily shall not exceed £200 (in either case, with or without caution for good behaviour, not exceeding the amount and the period competent under this Part of this Act):]

8

In section 397(1) for the words “or under section 72A of the Magistrates’ Courts Act 1952” there shall be substituted the words “, under section 72A of the Magistrates’ Courts Act 1952 or under section 104A of the Magistrates’ Courts Act (Northern Ireland) 1964]”.

9

In section 414(1) after the word “convicted” there shall be inserted the words “summarily by a sheriff or stipendiary magistrate]”.

10

In section 462, in the interpretation of “fine” there shall be inserted after the word “includes” the words “(a) any pecuniary penalty, and (b)]”.

11

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12

There shall be inserted a new Schedule 7B which shall be identical with Schedule 5 to this Act except that—

(a) the words " Triable Either Way " in the heading shall be omitted; and

(b) in paragraph 1(2), for the words from the beginning to "does not apply" there shall be substituted the words " The offences to which (as provided in section 289B(7) above) section 289B(1) does not apply ".

13

There shall be inserted a new Schedule 7C which shall be identical with Schedule 6 to this Act except that the items relating to the following enactments shall be deleted—

Metropolitan Police Act 1839

Offences against the Person Act 1861

Licensing Act 1872

Licensing Act 1902

Protection of Animals Act 1911

Children and Young Persons Act 1933

Public Health Act 1936

Education Act 1944

Water Act 1945

sections 37(1) and 40(3) of the National Assistance Act 1948

Children Act 1948

Midwives Act 1951

sections 8 and 9 of the Pests Act 1954

Food and Drugs Act 1955

Nurses Act 1957

Highways Act 1959

Street Offences Act 1959

Mental Health Act 1959

Deer Act 1963

Licensing Act 1964

Police Act 1964

Housing Act 1964

Housing Act 1969

Late Night Refreshment Houses Act 1969

Nursing Homes Act 1975.

SCHEDULE 12

NIGHT POACHING ACT 1828 (c. 69)

1

In section 2 (assaults by persons committing offences under the Act), for the words from "whether it be" onwards substitute " be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both " .

2

In section 9 (entering land, with others, armed and for the purpose of taking or destroying game or rabbits), for the words from "at the discretion of the court" onwards substitute " on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both. ".

METROPOLITAN POLICE COURTS ACT 1839 (c. 71)

Section 24 (offence of possessing stolen goods without a satisfactory explanation) shall cease to have effect.

ACCESSORIES AND ABETTORS ACT 1861 (c. 94)

In section 8 (abettors in misdemeanors), for " any misdemeanor " substitute " any indictable offence ",

and for " a misdemeanor" substitute " an offence ".

OFFENCES AGAINST THE PERSON ACT 1861 (c. 100)

For section 16 (sending letters threatening to murder) substitute—

PUBLIC STORES ACT 1875 (c. 25)

Section 7 (offence of possessing, without a satisfactory explanation, public stores suspected of being stolen) and section 9 (offence, applicable to certain dealers and others, of possessing, without a satisfactory explanation, property reasonably believed to be public stores) shall cease to have effect.

EXPLOSIVE SUBSTANCES ACT 1883 (c. 3)

In section 3(1) (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), for " a term not exceeding twenty years " substitute " life ".

CORONERS ACT 1887 (c. 71)

Section 4(2) (duty of coroner to take depositions in a case of murder or manslaughter) shall cease to have effect.

CHILDREN ACT 1948 (c. 43)

In section 29(5) (carrying on an unregistered voluntary home) omit the words from " and to a further fine " onwards (which provide for a fine of £2 in respect of each day during which an offence under the subsection continues after conviction).

CRIMINAL JUSTICE ACT 1948 (c. 58)

1

Section 19 (attendance at an attendance centre) shall be amended as follows.

2

In subsection (3) (power to discharge or vary an order for attendance at a centre)—

(a) for the words from the beginning to " acts " (which restrict jurisdiction under the subsection to the court which made the order or a justice acting for the same petty sessional division or place as that court) substitute " A magistrates' court acting for the petty sessions area in which the attendance centre specified in an order made under subsection (1) of this section is situated " ; and

(b) omit " or justice " .

3

In subsection (7) (power to deal with offender for failure to attend, or breach of rules while attending, at centre)—

(a) for "the petty sessional division or place for which the court which made the order acts" substitute " the petty sessions area in which the attendance centre specified in the order is situated "; and

(b) for the words from " a court" to " the justice acts" substitute " a magistrates' court acting for that area ".

REPRESENTATION OF THE PEOPLE ACT 1949 (c. 68)

In section 149(9) (procedure where person prosecuted before an election court subsequently attends or is brought before a magistrates' court)—

PRISON ACT 1952 (c. 52)

1

In section 45, as amended by Schedule 4 to the Criminal Justice Act 1961 (release of persons sentenced to Borstal training), substitute " one year "for " two years "—

(a) in subsection (3) (where those words give the period of supervision after release);

(b) in the first place where they occur in subsection (4) (where they give the period of liability to recall) ; and

2

Paragraph 1 above shall not apply in relation to a person sentenced to Borstal training whose original release from a Borstal institution occurred before the coming into force of this paragraph.

MAGISTRATES' COURTS ACT 1952 (c. 55)

1

In section 2 (jurisdiction to deal with charges)—

(a) in subsection (4) jurisdiction of magistrates' court to try an indictable offence summarily), for the words from the beginning to " indictable offence " substitute—

(4) Subject to sections 19 to 23 of the Criminal Law Act 1977 and any other enactment (in that Act or elsewhere) relating to the mode of trial of offences triable either way, a magistrates' court shall have jurisdiction to try summarily an offence triable either way

; and

(b) after subsection (4) insert—

(4A) A magistrates' court shall, in the exercise of its powers under section 6 of the Children and Young Persons Act 1969 (summary trial of young persons), have jurisdiction to try summarily an indictable offence in any case in which under subsection (3) above it would have jurisdiction as examining justices.

2

In section 14(4), for the words from " if" to " examining justices " (which state the circumstances in which a court adjourning the trial of an information is obliged to remand the accused) substitute

if the offence is triable either way and— (a) on the occasion on which the accused 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) the accused has been remanded at any time in the course of proceedings on the information ;

3

In section 22 (effect of dismissal of information for indictable offence), for the words from " that" to " only " substitute " triable either way ".

4

In section 23 (using in summary trial evidence given before examining justices), for " the preceding provisions of this Act" substitute " section 25(3) or (7) of the Criminal Law Act 1977 " .

5

In section 29 (committal for sentence for indictable offence tried summarily), for the words from the beginning to " indictable offence " substitute " Where on the summary trial of an offence triable either way (not being an offence as regards which this section is excluded by section 29 of the Criminal Law Act 1977) " .

6

In section 35 (aiders and abettors), before the words "A person " insert " (1) " and at the end add—

(2) Any offence consisting in aiding, abetting, counselling or procuring the commission of an offence triable either way (other than an offence listed in Schedule 3 to the Criminal Law Act 1977) shall by virtue of this subsection be triable either way.

7

(1) In section 87(2) (time-limit of fourteen days for applying to magistrates' court to state a case) for " fourteen days " substitute " twenty-one days ".

(2) Sub-paragraph (1) above shall not apply in relation to a decision of a magistrates' court given before the coming into force of this paragraph.

8

In section 98(3)(b) (requirements as to place of sitting of magistrates' court exercising certain functions) for " an offence that is not indictable " substitute " a summary offence " .

9

In section 105(4) proviso (c) (power of magistrates' court to remand for more than eight days if not constituted or sitting in a place allowing it to proceed to summary trial of an offence triable either way), for the words from " on indictment " to " but" substitute " either way, then, if it falls to the court to try the case summarily but the court " .

10

In section 108(2) (power of a magistrates' court to impose consecutive terms of imprisonment for an indictable offence tried summarily subject to an overall limit of 12 months), for the words " an indictable offence tried summarily under section 19 of this Act" substitute " an offence triable either way which was tried summarily otherwise than in pursuance of section 23(2) of the Criminal Law Act 1977 ".

11

After section 130 insert—

(130A) It is hereby declared that a magistrates' court may sit on any day of the year, and in particular (if the court thinks fit) on Christmas Day, Good Friday or any Sunday.

12

In Schedule 2 (corporations)—

(a) in paragraph 3, for sub-paragraph (b) (representative of corporation may consent or object to summary trial or claim trial by jury), substitute—

(b) consent to the corporation being tried summarily.

;

(b) for paragraph 9 (corporation and individual jointly charged with corporation not to be tried summarily unless both consent or neither claims jury trial) substitute—

(9) Where a corporation and an individual who has attained the age of seventeen are jointly charged before a magistrates' court with an offence triable either way, the court shall not try either of the accused summarily unless each of them consents to be so tried.

BIRTHS AND DEATHS REGISTRATION ACT 1953 (c.20)

In section 29(4) (correction of error in register resulting from error in information given by a coroner's certificate), for the words preceding " the coroner, if satisfied ", substitute—

SEXUAL OFFENCES ACT 1956 (c. 69)

1

A prosecution for an offence to which paragraph 14 or 15 (incest and attempts thereat) of Part II of Schedule 2 (table of offences with mode of prosecution) relates shall not be commenced except by or with the consent of the Director of Public Prosecutions ; and accordingly in sub-paragraph (a) and (b) of each of those paragraphs, in the second column, for the words from " without" to " behalf " substitute " except by or with the consent ".

2

In paragraphs 17 and 18 of the said Part II (indecent assault)—

(a) for sub-paragraph (ii) in the second column substitute—

summarily (by virtue of section 16(2) of the Criminal Law Act 1977).

;

(b) in the third column, for the words from " As provided " to " or both)" substitute—

As provided by section 28(1) of that Act (that is to say, six months or the prescribed sum within the meaning of that section, or both).

ADOPTION ACT 1958 (7 & 8 Eliz.2.c.5.)

In section 50 (prohibition of certain payments), after subsection (3) insert—

OBSCENE PUBLICATIONS ACT 1959 (c.66)

In section 3(3) (powers of search and seizure) at end add—

CRIMINAL JUSTICE ACT 1961 (c. 39)

1

In section 12(1) (return to borstal institution on re-conviction) for paragraph (b) (which relates to the re-conviction of a person who has become unlawfully at large from such an institution and has not returned or been returned thereto) substitute—

(b) being detained or liable to be detained in a borstal institution,

2

(1) Section 26 (transfer of prisoner to serve sentence) shall be amended as follows.

(2) In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)—

(a) after " to another part of the United Kingdom " insert " or to any of the Channel Islands or the Isle of Man " ; and

(b) for " in that part of the United Kingdom " substitute " there ".

(3) In subsection (4) (prisoner transferred to any part of the United Kingdom to be treated as if sentenced by a court there), after " any part of the United Kingdom " insert " or to any of the Channel Islands or the Isle of Man ", and for " in that part of the United Kingdom " substitute " there ".

(4) In paragraphs (a) and (b) of subsection (6) (supervision on release otherwise than in place of sentence) after " United Kingdom " insert " or island " .

3

(1) Section 28 (transfer of prisoner for trial) shall be amended as follows.

(2) In subsection (1) (power of responsible Minister to order transfer from one part of the United Kingdom to another)—

(a) after " to another part of the United Kingdom " insert " or to any of the Channel Islands or the Isle of Man "; and

(b) after " that other part" insert " or that island ".

(3) After subsection (1) insert—

(1A) If it appears to the Secretary of State that a person serving a sentence of imprisonment or detention in any of the Channel Islands or the Isle of Man should be transferred to a part of the United Kingdom for the purpose of attending criminal proceedings against him there, the Secretary of State may make an order for his transfer to that part and for his removal to a prison or other institution there.

(4) In subsection (2) (treatment of transferred prisoner while he remains in the part of the United Kingdom to which he has been transferred under subsection (1)), omit " subsection (1) of " and after " United Kingdom " insert " or island ".

(5) In subsection (3) (transfer back after trial)—

(a) after " subsection (1)", wherever occurring, insert " or (1A) ";

(b) after " Minister " insert " (in the case of a person so transferred to any part of the United Kingdom) or the Secretary of State (in the case of a person so transferred to any of the Channel Islands or the Isle of Man) " ; and

4

(1) Section 29 (removal of detained person in the interests of justice or for the purposes of a public inquiry) shall be amended as follows.

(2) In subsection (1) (power of responsible Minister to direct removal from one place to another within the United Kingdom), after " other part of the United Kingdom " insert " or in any of the Channel Islands or the Isle of Man ".

(3) After subsection (1) insert—

(1A) If the Secretary of State is satisfied, in the case of a person detained in any of the Channel Islands or the Isle of Man in a prison, remand centre or detention centre, that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.

(4) In subsection (2), for " responsible Minister" substitute " Minister by whom that direction is given ".

5

In section 39(1) (interpretation) in paragraph (b) of the definition of " responsible Minister" for " the Minister of Home Affairs for Northern Ireland " substitute " the Secretary of State ".

LICENSING ACT 1964 (c. 26)

1

In section 30(5), as inserted by paragraph 4 of Schedule 7 to the Finance Act 1967 (duty of clerk to licensing justices to send list to Collector of Customs and Excise within eight days of end of licensing sessions)—

(a) for " eight days " substitute " fourteen days "; and

(b) omit the words from " and the clerk " onwards (under which the clerk gets a fee for delivering a list of more than 25 names and commits an offence if he fails to comply with the subsection).

2

In section 169 (serving or delivering intoxicating liquor to or for consumption by persons under 18)—

(a) in subsection (1) (which prohibits, in licensed premises, the licence holder or his servant from knowingly selling intoxicating liquor to a person under 18 or allowing such a person to consume it in a bar, and the licence holder from knowingly allowing any person to sell it to a person under 18), for " subsection (4)" substitute " subsections (4) and (10) "; and

(b) after subsection (9) add—

(10) Where, as regards any licensed premises, the holder of the licence is charged with an offence under subsection (1) of this section in a case in which it is proved or admitted that he did not personally have the knowledge required for the commission of the offence charged, he shall not be convicted of the offence on the basis of another's knowledge if he proves that he exercised all due diligence to avoid the commission of an offence under that subsection.

HOUSING ACT 1964 (c. 56)

In section 65, after subsection (1) (penalty for failure to comply with notice requiring execution of works under Part II of Housing Act 1961) insert—

HOUSING (SCOTLAND) ACT 1966 (c. 49)

In section 110, after subsection (1) (penalty for failure to comply with notice requiring execution of works) insert—

CRIMINAL LAW ACT 1967 (c. 58)

In section 2(1) (under which an offence carrying a sentence of five years imprisonment or more is an arrestable offence) after " five years" insert " (or might be so sentenced but for the restrictions imposed by section 29 of the Criminal Law Act 1977) " and at the end add—

ROAD TRAFFIC REGULATION ACT 1967 (c. 76)

1

In section 43(2) (penalty for contravention of designation order having effect by virtue of section 39(1)(a)) the words from "in the case of" to " carriageway" (the consequential omission of which was inadvertently not provided for in column 5 of Part II of Schedule 5 to the Road Traffic Act 1974) shall be omitted.

2

In section 78A (exceeding a speed limit imposed by or under certain enactments), in subsection (3)—

(a) in paragraph (a), after " Act" insert " , except section 13(4); "; and

(b) in paragraph (c), after " 1960 " insert " (except section 13(4) of this Act).

3

In subsection (5) of section 80 as amended by section 131(2) of the Transport Act 1968 (which provides for payment of a fixed penalty under section 80 to be made to such justices' clerk as may be prescribed)—

(a) for " prescribed" substitute " specified in the notice under subsection (2) above relating to that penalty ";

(b) for " the prescribed justices' clerk " substitute " the justices' clerk so specified "; and

4

In section 92, for " Summary Jurisdiction (Scotland) Act 1954 " substitute " Criminal Procedure (Scotland) Act 1975 ".

CRIMINAL JUSTICE ACT 1967 (c. 80)

1

Section 3 (restrictions on reports of committal proceedings) shall be amended as follows—

(a) in subsection (1), for " subsections (2) and (3) " substitute " subsections (2), (3) and (8) " ;

(b) in subsection (3) (under which it is not unlawful to report, " as part of a report of a summary trial, so much of any committal proceedings as precedes a determination by the court to proceed to try the case summarily) for the words from " section 18 " to " 1969 " substitute " section 25(3) or (7) of the Criminal Law Act 1977 (power to change from committal proceedings to summary trial) " ;

(8) For the purposes of this section committal proceedings shall, in relation to an information charging an indictable offence, be deemed to include any proceedings in the magistrates' court before the court proceeds to inquire into the information as examining justices; but where a magistrates' court which has begun to try an information summarily discontinues the summary trial in pursuance of section 25(2) or (6) of the Criminal Law Act 1977 and proceeds to inquire into the information as examining justices, that circumstance shall not make it unlawful under this section for a report of any proceedings on the information which was published or broadcast before the court determined to proceed as aforesaid to have been so published or broadcast.

2

In section 22, as amended by paragraph 37 of Schedule 2 to the Bail Act 1976, (extension of power of High Court to grant, or vary conditions of, bail)—

(a) in subsections (1) and (2) for " inferior court " substitute " magistrates' court " ; and

(b) in subsection (4) omit " ' inferior court' means a magistrates' court or a coroner and " .

3

In section 23(2) (requirements as to bringing before a justice of the peace or court a person arrested after admission to bail), after paragraph (b) insert—

In reckoning for the purposes of this subsection any period of twenty-four hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

4

(1) Section 24 (process for minor offences) shall be amended as follows.

(2) In subsection (3) (under which proceedings are void if the defendant makes a statutory declaration that he did not know of the proceedings until a date after the trial of the information was begun and that declaration is served on the clerk to the justices within fourteen days of that date) for " fourteen days " substitute " twenty-one days ".

(3) After subsection (4) (service of statutory declaration) insert—

(4A) If, on the application of the defendant it appears to a magistrates' court (which for this purpose may be composed of a single justice) that it was not reasonable to expect the defendant to serve such a statutory declaration as is mentioned in subsection (3) above within the period allowed by that subsection, the court may accept service of such a declaration by the defendant after that period has expired ; and a statutory declaration accepted under this subsection shall be deemed to have been served as required by that subsection.

(4) The preceding provisions of this paragraph shall not apply in relation to proceedings commenced before the corning into force of this paragraph.

5

In section 44(5) (restrictions on magistrates' court's power to issue a warrant of commitment for a default in paying a sum adjudged to be paid by a conviction), for paragraph (b) substitute—

(b) the court— (i) is satisfied that the default is due to the offender's wilful refusal or culpable neglect; and (ii) has considered or tried all other methods of enforcing payment of the sum and it appears to the court that they are inappropriate or unsuccessful.

6

After section 44 insert as section 44A—

(44A) (1) Where under section 63(1) of the Magistrates' Courts Act 1952 a magistrates' court allows time for payment of a sum adjudged to be paid by a conviction of the court (' the adjudged sum'), the court may on that or any subsequent occasion fix a day on which, if any part of that sum remains unpaid on that day, the offender must appear in person before the court for either or both of the following purposes, namely— (a) to enable an inquiry into his means to be made under section 44 of this Act; (b) to enable a hearing required by subsection (6) of the said section 44 to be held. (2) Except as provided in subsection (3) of this section, the power to fix a day under this section shall be exercisable only in the presence of the offender. (3) Where a day has been fixed under this section, the court may fix a later day in substitution for the day previously fixed, and may do so— (a) when composed of a single justice ; and (b) whether the offender is present or not. (4) Subject to subsection (5) of this section, if on the day fixed under this section— (a) any part of the adjudged sum remains unpaid; and (b) the offender fails to appear in person before the court, the court may issue a warrant to arrest him and bring him before the court; and subsections (4) and (5) of section 70 of the Magistrates' Courts Act 1952 (execution of warrant for securing appearance of offender at means inquiry) shall apply in relation to a warrant issued under this section. (5) Where under subsection (3) above a later day has in the absence of the offender been fixed in substitution for a day previously fixed under this section, the court shall not issue a warrant under this section unless it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed, that notice in writing of the substituted day was served on the offender not less than what appears to the court to be a reasonable time before that day.

7

(1) Section 60 (release on licence of persons serving determinate sentences) shall be amended as follows.

(2) In subsection (3) (which by virtue of paragraph (b) provides for the release on licence of a person serving a sentence of imprisonment for a term of eighteen months or more who was under the age of twenty-one when the sentence was passed), at the end add—

Provided that in England and Wales a person within paragraph (b) of this subsection shall not be released on licence by virtue of this subsection after he has attained the age of twenty-two.

(3) After subsection (5) insert—

(5A) A licence granted to any person under this section in England and Wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being— (a) in the case of a licence granted to a person in respect of whom an extended sentence certificate was issued when sentence was passed on him, the date of the expiration of the sentence ; (b) in the case of a licence granted under subsection (1) of this section to a person who was under the age of twenty-one when sentence was passed on him and is released on licence before attaining the age of twenty-two— (i) if the date on which he attains the age of twenty-two is earlier than the remission date, the remission date ; (ii) if the date on which he attains the age of twenty-two is not earlier than the remission date, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier ; (c) in the case of a licence granted by virtue of subsection (3)(b) of this section to a person who was under the age of twenty-one when sentence was passed on him, the date on which he attains the age of twenty-two or the date of the expiration of the sentence, whichever is the earlier; (d) in a case not within any of the preceding paragraphs, the remission date. In this subsection ' the remission date', in relation to a person released on licence under this section, means the date on which he could have been discharged from prison on remission of part of his sentence under the prison rules, if, after the date of his release on licence, he had not forfeited remission of any part of the sentence under the rules.

(4) In subsection (6) (duration of licence, after "this section" insert " in Scotland " and, in paragraph (a), omit the words from " to a person " where they first occur to " or " .

(5) Omit subsection (8)(d).

(6) The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.

8

(1) Section 63 (supervision of young, short-term prisoners after release) shall be amended as follows.

(2) In subsection (1), for " shall be subject after his release from prison " substitute " shall, if released from prison before he has attained the age of twenty-two, be subject after his release ".

(3) After subsection (1) insert—

(1A) A person who is under supervision as aforesaid by virtue of subsection (1) above at the time when he attains the age of twenty-two shall cease to be under supervision at that time, and accordingly, in their application to a person by virtue of that subsection, the provisions of the said Schedule 1 shall apply with the further modification that references to the period of twelve months from the date of his release shall be read as references to that period or the period from the date of his release to the date on which he attains the age of twenty-two, whichever is the shorter.

(4) In subsection (2), for " the foregoing subsection" substitute " subsection (1) of this section ".

(5) The preceding provisions of this paragraph shall not apply in relation to a person whose period of supervision under Schedule 1 to the Criminal Justice Act 1961 began before the coming into force of this paragraph.

9

In section 91 (drunkenness in a public place) omit subsection (5).

COMPANIES ACT 1967 (c.81)

1

In section 49(1) (certain offences to be triable summarily), after " triable " insert " only ".

2

Paragraph 1 above shall be deemed to have had effect as from the passing of the Companies Act 1967.

FIREARMS ACT 1968 (c. 27)

For paragraph 3 of Part II of Schedule 6 (under which a person charged with an offence specified in Schedule 1 to the Magistrates' Courts Act 1952 and an offence under section 17(1) or (2) of the Firearms Act 1968 (using firearm to resist arrest, and possessing firearm while committing certain offences) may not be tried summarily for the former if he is sent for trial for the latter) substitute the following paragraph—

THEFT ACT 1968 (c. 60)

In section 28(1) (orders for the restitution of stolen goods), after " on the conviction " insert " (whether or not the passing of sentence is in other respects deferred) ".

GAMING ACT 1968 (c.65)

In section 8(7) (offences) for " section 67" substitute " section 68 ".

CHILDREN AND YOUNG PERSONS ACT 1969 (c. 54)

1

(1) Section 12 (power to include requirements in supervision orders) shall be amended as follows.

(2) In subsection (2) (directions which order may empower supervisor to give), omit paragraph (a) (directions to live for a single period at a place specified by the supervisor) and for " paragraph (a) or (b) or paragraph (a) and (b) " substitute " paragraph (b) ".

(3) In subsection (3) (restrictions as to periods specified in supervisor's directions)—

(a) for paragraph (a) substitute—

(a) the aggregate of the periods specified in directions given by virtue of that subsection shall not exceed ninety days or such shorter period, if any, as the order may specify for the purposes of this paragraph ;

;

(b) omit paragraphs (b), (c) and (d) and, in paragraph (e), the words from " and if " onwards.

2

In section 13(3) (selection of supervisor for person placed under supervision of probation officer), omit the words from " or if " to " place" (which provide for the selected officer to be changed at the instance of the case committee).

3

In section 15(1) (variation and discharge of supervision order where supervised person is under the age of eighteen) for the words from "twelve months" to "with that date" substitute " three months beginning with the date when the order was originally made ",

and omit " in either case ".

4

In section 16(10) (meaning of "attendance centre order" etc. for purposes of section 15(4)(a))—

(a) after " In ", where it first occurs, insert " paragraph (b) of subsection (2A) and ";

(b) for " that paragraph" substitute " each of those paragraphs ";

5

In paragraph 6 of Schedule 4 (restriction on power to make attendance centre order), at the end add " other than one consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction ".

6

Paragraphs 1 and 3 above, and any related repeal provided for in Schedule 13 to this Act, shall not apply in relation to supervision orders made before the corning into force of those paragraphs.

ROAD TRAFFIC ACT 1972 (c. 20)

1

In section 179 (restrictions on prosecutions for certain offences), in subsection (1) (offences to which section applies), after paragraph (a) insert—

(aa) any offence under subsection (4) of section 13 of the Road Traffic Regulation Act 1967 (traffic regulation on special roads) consisting of failure to observe a speed limit imposed by regulations under that section ; and

2

In Part I of Schedule 4 (prosecution and punishment of offences), in column 7 (additional provisions)—

(a) in the entry relating to section 3, for " 4 " substitute " 3A, 4, 5 " ;

(b) in the entry relating to section 18, after " paragraphs " insert " 3A ".

3

(1) Part IV of Schedule 4 (supplementary provisions as to prosecution, trial and punishment of offences) shall be amended as follows.

(2) After paragraph 3 insert the following paragraph—

(3A) (1) Where on a person's trial on indictment in England or Wales for an offence under section 1, 2, or 17 the jury find him not guilty of the offence specifically charged in the indictment, they may (without prejudice to section 6(3) of the Criminal Law Act 1967) find him guilty— (a) if the offence so charged is an offence under section 1 or 2, of an offence under section 3 ; or (b) if the offence so charged is an offence under section 17, of an offence under section 18. (2) The Crown Court shall have the like powers and duties in the case of a person who is by virtue of this paragraph convicted before it of an offence under section 3 or 18 as a magistrates' court would have had on convicting him of that offence. (3) In paragraph 5 (by virtue of which, on a prosecution on indictment for an offence to which section 179 does not apply, subsection (2) of that section does not prejudice any power of the jury to find him guilty of an offence under section 2)— (a) (a) after " apply ", insert " or (if that section does not apply) as regards which the requirement of section 179(2) has been satisfied, or does not apply, "; (b) after " section 2 ", add " or 3 ".

FINANCE ACT 1972 (c. 41)

Paragraph 9 of Schedule 6 (right of members of value added tax tribunals to refuse to serve on juries) shall cease to have effect as regards juries in England and Wales.

CRIMINAL JUSTICE ACT 1972 (c. 71)

1

In section 34(1) (power of constable to take drunken offender to a place approved by the Secretary of State as a medical treatment centre for alcoholics), omit " medical ".

2

In section 41(4) (time-limit of fourteen days for the exercise of power of magistrates' court to re-open a case to rectify mistakes etc.) for " fourteen days " substitute " twenty-eight days ".

3

Paragraph 2 above shall not apply in relation to sentences or other orders imposed or made, or findings of guilt pronounced, before the coming into force of this paragraph.

ADMINISTRATION OF JUSTICE ACT 1973 (c. 15)

1

In section 9(4) (abatement of salaries of holders of certain judicial offices, including the stipendiary magistrates mentioned in subsection (1)(e) and (f), by reference to pensions payable in respect of any public office in the United Kingdom or elsewhere), after " United Kingdom or " insert " , except as respects any holder of judicial office mentioned in subsection (1)(e) or (f) above, ".

2

Paragraph 1 above shall be deemed to have had effect as from the passing of the Administration of Justice Act 1973.

POWERS OF CRIMINAL COURTS ACT 1973 (c. 62)

1

(1) Section 1 (deferment of sentence) shall be amended as follows.

(2) In subsection (2) (under which passing sentence may not be deferred for more than six months after the date of the conviction), for " of the conviction" substitute " on which the deferment is announced by the court ".

(3) After subsection (4) (power of deferring court to pass sentence on offender during period of deferment if he is convicted in Great Britain of another offence) insert—

(4A) If an offender on whom a court has under this section deferred passing sentence in respect of one or more offences is during the period of deferment convicted in England or Wales of any offence (' the subsequent offence'), then, without prejudice to subsection (4) above, the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, pass sentence on him for the first-mentioned offence or offences: Provided that— (a) the power conferred by this subsection shall not be exercised by a magistrates' court if the court which deferred passing sentence was the Crown Court; and (b) the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates' court, shall not pass any sentence which could not have been passed by a magistrates' court in exercising it.

(4) In subsection (5) (summons to, or warrant for arrest of, offender where the passing of sentence has been deferred) for " it" substitute " or where the offender does not appear on the date so specified, the court ".

(5) For subsection (6) (which, where the trial of an information is adjourned by way of deferment under the section, excludes the obligation to remand the offender which would in certain circumstances be imposed by section 14(4) of the Magistrates' Courts Act 1952) substitute—

(6) It is hereby declared that in deferring the passing of sentence under this section a magistrates' court is to be regarded as exercising the power of adjourning the trial which is conferred by section 14(1) of the Magistrates' Courts Act 1952, and that accordingly section 15 of that Act (non-appearance of the accused) applies (without prejudice to subsection (5) above) if the offender does not appear on the date specified in pursuance of subsection (2) above. (6A) Notwithstanding any enactment, a court which under this section defers passing sentence on an offender shall not on the same occasion remand him.

(6) After subsection (7) add—

(8) The power of a court under this section to pass sentence on an offender in a case where the passing of sentence has been deferred thereunder does not extend to committing him to another court for sentence but, subject to that, includes power to deal with him in any way in which the court which deferred passing sentence could have dealt with him.

2

For section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—

(b) where the order requires the offender to reside in an approved probation hostel or any other institution, the period for which he is so required to reside shall be specified in the order.

3

In section 9(1) (breach of conditional discharge by young offenders)—

(a) for the words from " not being" to " 1952" substitute " triable only on indictment in the case of an adult, " ;

(b) for the words from " such an offence " onwards substitute " an offence triable either way and had been tried summarily. ".

4

In section 15(2) (period within which work under a community service order is to be performed), at the end add " ; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it. ".

5

In section 17(3) (power of Crown Court to revoke or vary community service orders), for the words from the beginning to "and it appears to the Crown Court" substitute—

(3) Where an offender in respect of whom such an order is in force— (a) is convicted of an offence before the Crown Court; or (b) is committed by a magistrates' court to the Crown Court for sentence and is brought or appears before the Crown Court; or (c) by virtue of subsection (2)(b) above is brought or appears before the Crown Court, and it appears to the Crown Court

6

In section 49—

(a) in subsection (1), for "probation hostels and probation homes " substitute " and probation hostels " ;

(b) in subsection (2), for " approved probation hostels and approved probation homes" substitute " and approved probation hostels " .

7

Section 50 (inspection of approved bail hostels and of non-approved institutions for residence of probationers) shall be amended as follows—

(a) in subsection (1) omit the words " Any approved bail hostel and ", and after " patient" insert " or in which a person is required to reside as a condition of bail granted to him " ;

(b) in subsection (2), after " apply to " insert " an approved bail hostel or ".

8

Section 51 (expenses and grants) shall be amended as follows—

(a) in subsections (1)(a), (3)(e) and (4)(c), after " servants serving in " insert " approved bail hostels or ";

(b) in subsection (3)(b), for "probation hostels and probation homes " substitute " and probation hostels ".

9

In section 57(1) (interpretation)—

(a) in the paragraph beginning with the words " ' approved probation hostel' ", for the words from the first " and " to "home approved" substitute " means a probation hostel approved " ; and

(b) in the paragraph beginning with the words "' probation hostel'", omit the words from " being persons who " onwards.

10

Paragraph 3(2)(b) of Schedule 1 (which precludes a supervising court from amending a probation order so as to require residence in an institution for more than twelve months in all) shall be omitted.

11

(1) Schedule 3 (the probation and after-care service and its functions) shall be amended as follows.

(2) In paragraph 3(1)(b) (remuneration, allowances and expenses of probation officers), for " prescribed " substitute " determined by the Secretary of State under paragraph 18A below ".

(3) In paragraph 9 (selection of probation officer for probationer), omit the words from " or if " to "place" (which provide for the selected officer to be changed at the instance of the case committee).

(4) In paragraph 18(1)(b) (power to make rules prescribing conditions of service etc. of probation officers and others) omit " conditions of service ".

(5) At the end of paragraph 18 insert—

(18A) The conditions of service of probation officers and staff appointed under paragraph 10 above shall be such as the Secretary of State may from time to time determine.

(6) Any provision as to the conditions of service of probation officers or staff appointed under paragraph 10 of Schedule 3 which is made by any rules in force under paragraph 18(1) of that Schedule at the coming into force of sub-paragraphs (4) and (5) above shall have effect as if made by a determination of the Secretary of State under paragraph 18A of that Schedule, and shall accordingly be liable to alteration or cancellation by him by subsequent determination under the said paragraph 18A.

LEGAL AID ACT 1974 (c. 4)

1

(1) Section 29 (circumstances in which legal aid may be ordered to be given) shall be amended as follows.

(2) In subsection (4) (which provides that before making a legal aid order for the giving of aid to any person, a court must require him to furnish a written statement of his means), at the end add " unless it appears to the court that he is by reason of his physical or mental condition incapable of doing so ".

(3) In subsection (5) (which modifies subsections (3) and (4) in their application to persons under the age of sixteen) for " for the word ' shall' in subsection (4) there were substituted the word ' may' " substitute " in subsection (4) for the word ' shall' there were substituted the word ' may' and the words from ' unless ' onwards were omitted ".

(4) After subsection (5) insert—

(5A) Where a court makes a legal aid order for the giving of aid to a person who has attained the age of sixteen and does so without first requiring him to furnish such a statement as is mentioned in subsection (4) above because it appears to the court that he is by reason of his physical or mental condition incapable of doing so, then, if it subsequently appears to any court having power to make a legal aid contribution order under section 32 below in connection with that legal aid order that he has become capable of furnishing such a statement, that court may require him to furnish such a statement.

2

In section 32 (power to order payment of contributions), after subsection (1) insert—

(1A) If a person to whom legal aid has been ordered to be given by a legal aid order made in the circumstances mentioned in subsection (5A) of section 29 above has failed to furnish a statement which he was subsequently required to furnish in pursuance of that subsection in connection with the legal aid order, he may for the purposes of any order proposed to be made under this section in connection with the legal aid order be treated as having resources and commitments which are such that he may reasonably be ordered to pay the whole amount of the relevant costs.

JURIES ACT 1974 (c. 23)

In Schedule 1, in Group B (which disqualifies from jury service persons concerned with the administration of justice) for " Civilians employed for police purposes by a police authority" substitute " Civilians employed for police purposes under section 10 of the Police Act 1964 ".

HEALTH AND SAFETY AT WORK ETC. ACT 1974 (c. 37)

In section 15(6)(d) (power to restrict punishments which can be imposed in respect of certain offences) after " punishments" insert " (other than the maximum fine on conviction on indictment) ".

REHABILITATION OF OFFENDERS ACT 1974 (c. 53)

In section 6(6)(a) (convictions in England and Wales which are to be disregarded for purposes of the provisions of section 6(4)(a) as to the extension of rehabilitation periods), for " an offence which is not triable on indictment" substitute " a summary offence or of a scheduled offence (within the meaning of section 23 of the Criminal Law Act 1977) tried summarily in pursuance of subsection (2) of that section (summary trial where value involved is small); ".

ADOPTION ACT 1976 (c. 36)

1

In section 28(8), for " subsection (6)" substitute " subsection (7) ".

2

In section 57 (prohibition of certain payments), after subsection (3) insert—

(3A) This section does not apply to— (a) any payment made by an adoption agency to a person who has applied or proposes to apply to a court for an adoption order or an order under section 55 (adoption of children abroad), being a payment of or towards any legal or medical expenses incurred or to be incurred by that person in connection with the application; or (b) any payment made by an adoption agency to another adoption agency in consideration of the placing of a child in the actual custody of any person with a view to the child's adoption ; or (c) any payment made by an adoption agency to a voluntary organisation for the time being approved for the purposes of this paragraph by the Secretary of State as a fee for the services of that organisation in putting that adoption agency into contact with another adoption agency with a view to the making of arrangements between the adoption agencies for the adoption of a child.

BAIL ACT 1976 (c. 63)

1

In section 2(2), in the definition of "court", for "a justice of the peace or a coroner " substitute " or a justice of the peace " .

2

In section 3(8) (power of court granting bail to vary conditions of bail or impose conditions in respect of bail granted unconditionally)—

(a) for " it may " substitute " that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may ";

(b) for " it was " substitute " bail was ";

3

(1) Section 5 (supplementary provisions about bail) shall be amended as follows.

(2) After subsection (8) insert—

(8A) An order under subsection (7) above shall, unless previously revoked, take effect at the end of twenty-one days beginning with the day on which it is made. (8B) A court which has ordered the forfeiture of a security under subsection (7) above may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it dunks fit to order. (8C) An application under subsection (8B) above may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the court is satisfied that the prosecution was given reasonable notice of the applicant's intention to make it.

(3) After subsection (9) insert—

(9A) Where an order is made under subsection (8B) above after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid over to the person who gave the security if the order under subsection (8B) had been made before the order for forfeiture took effect shall be repaid or paid over to him.

4

In section 7(4) (requirements as to bringing before a justice of the peace or court a person arrested after release on bail), after paragraph (b) insert—

In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

SCHEDULE 13

SCHEDULE 14

1

A provision contained in any of sections 15 and 17 above or in Schedule 11 to this Act, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to proceedings commenced before the coming into force of that provision.

2

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

3

(1) This paragraph applies to any provision of this Act which relates to the punishment by way of fine or imprisonment which may be imposed on summary conviction of offences mentioned in section 30(3) above, in Schedule 1 . . . to this Act or in Schedule 7A to the Criminal Procedure (Scotland) Act 1975.

(2) A provision to which this paragraph applies shall have effect in relation to an offence for which proceedings are commenced after the material time even if that offence was committed before that time; but in the case of an offence committed before the material time, such a provision shall not render a person liable on summary conviction to any punishment greater than that to which he would have been liable on conviction on indictment if at the time of his conviction that provision had not yet come into force.

(3) In relation to a provision to which this paragraph applies “the material time” means the time when that provision comes into force.

4

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

5

Except as provided in paragraph 3 above a provision of this Act . . . which relates to the punishment by way of fine or imprisonment for any offence shall not affect the punishment for an offence committed before that provision comes into force.

The offence of conspiracy.

1A

(1) Where each of the following conditions is satisfied in the case of an agreement, this Part of this Act has effect in relation to the agreement as it has effect in relation to an agreement falling within section 1(1) above.

(2) The first condition is that the pursuit of the agreed course of conduct would at some stage involve—

(a) an act by one or more of the parties, or

(b) the happening of some other event,

intended to take place in a country or territory outside England and Wales .

(3) The second condition is that that act or other event constitutes an offence under the law in force in that country or territory.

(4) The third condition is that the agreement would fall within section 1(1) above as an agreement relating to the commission of an offence but for the fact that the offence would not be an offence triable in England and Wales if committed in accordance with the parties’ intentions.

(5) The fourth condition is that—

(a) a party to the agreement, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or

(b) a party to the agreement became a party in England and Wales (by joining it either in person or through an agent), or

(c) a party to the agreement, or a party’s agent, did or omitted anything in England and Wales in pursuance of the agreement.

(6) In the application of this Part of this Act to an agreement in the case of which each of the above conditions is satisfied, a reference to an offence is to be read as a reference to what would be the offence in question but for the fact that it is not an offence triable in England and Wales.

(7) Conduct punishable under the law in force in any country or territory is an offence under that law for the purposes of this section, however it is described in that law.

(8) Subject to subsection (9) below, the second condition is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—

(a) stating that, on the facts as alleged with respect to the agreed course of conduct, the condition is not in their opinion satisfied,

(b) showing their grounds for that opinion, and

(9) The court may permit the defence to require the prosecution to show that the second condition is satisfied without the prior service of a notice under subsection (8) above.

(10) In the Crown Court the question whether the second condition is satisfied shall be decided by the judge alone, and shall be treated as a question of law for the purposes of—

(a) section 9(3) of the Criminal Justice Act 1987 (preparatory hearing in fraud cases), and

(b) section 31(3) of the Criminal Procedure and Investigations Act 1996 (preparatory hearing in other cases).

(11) Any act done by means of a message (however communicated) is to be treated for the purposes of the fourth condition as done in England and Wales if the message is sent or received in England and Wales.

(12) In any proceedings in respect of an offence triable by virtue of this section, it is immaterial to guilt whether or not the accused was a British citizen at the time of any act or other event proof of which is required for conviction of the offence.

(13) References in any enactment, instrument or document (except those in this Part of this Act) to an offence of conspiracy to commit an offence include an offence triable in England and Wales as such a conspiracy by virtue of this section (without prejudice to subsection (6) above).

(14) Nothing in this section applies to an agreement entered into before 4 September 1998.

(15) In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(1) of the Coroners and Justice Act 2009, this section applies as if in subsection (2) for “England and Wales” there were substituted “ the United Kingdom ”.

(16) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

Exemptions from liability for conspiracy.

12A

(1) For the purposes of this Part of this Act an individual is a protected intending occupier of any premises at any time if at that time he falls within subsection (2), (4) or (6) below.

(2) An individual is a protected intending occupier of any premises if—

(a) he has in those premises a freehold interest or a leasehold interest with not less than two years still to run;

(b) he requires the premises for his own occupation as a residence;

(c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and

(d) he or a person acting on his behalf holds a written statement—

(i) which specifies his interest in the premises;

(ii) which states that he requires the premises for occupation as a residence for himself; and

(iii) with respect to which the requirements in subsection (3) below are fulfilled.

(3) The requirements referred to in subsection (2)(d)(iii) above are—

(a) that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for oaths; and

(b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signature.

(4) An individual is also a protected intending occupier of any premises if—

(a) he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) above or (6)(a) below) or a licence to occupy those premises granted by a person with a freehold interest or a leasehold interest with not less than two years still to run in the premises;

(b) he requires the premises for his own occupation as a residence;

(c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and

(d) he or a person acting on his behalf holds a written statement—

(i) which states that he has been granted a tenancy of those premises or a licence to occupy those premises;

(ii) which specifies the interest in the premises of the person who granted that tenancy or licence to occupy (“the landlord”);

(iii) which states that he requires the premises for occupation as a residence for himself; and

(iv) with respect to which the requirements in subsection (5) below are fulfilled.

(5) The requirements referred to in subsection (4)(d)(iv) above are—

(a) that the statement is signed by the landlord and by the tenant or licensee in the presence of a justice of the peace or commissioner for oaths;

(b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signatures.

(6) An individual is also a protected intending occupier of any premises if—

(a) he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) or (4)(a) above) or a licence to occupy those premises granted by an authority to which this subsection applies;

(b) he requires the premises for his own occupation as a residence;

(c) he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser; and

(d) there has been issued to him by or on behalf of the authority referred to in paragraph (a) above a certificate stating that—

(i) he has been granted a tenancy of those premises or a licence to occupy those premises as a residence by the authority; and

(ii) the authority which granted that tenancy or licence to occupy is one to which this subsection applies, being of a description specified in the certificate.

(7) Subsection (6) above applies to the following authorities—

(a) any body mentioned in section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.);

(b) the Regulator of Social Housing ;

(ba) a non-profit registered provider of social housing;

(bb) a profit-making registered provider of social housing, but only in relation to premises which are social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008;

(d) a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act).

(7A) Subsection (6) also applies to the Secretary of State if the tenancy or licence is granted by him under Part III of the Housing Associations Act 1985.

(8) A person is guilty of an offence if he makes a statement for the purposes of subsection (2)(d) or (4)(d) above which he knows to be false in a material particular or if he recklessly makes such a statement which is false in a material particular.

(9) In any proceedings for an offence under section 7 of this Act where the accused was requested to leave the premises by a person claiming to be or to act on behalf of a protected intending occupier of the premises—

(a) it shall be a defence for the accused to prove that, although asked to do so by the accused at the time the accused was requested to leave, that person failed at that time to produce to the accused such a statement as is referred to in subsection (2)(d) or (4)(d) above or such a certificate as is referred to in subsection (6)(d) above; and

(b) any document purporting to be a certificate under subsection (6)(d) above shall be received in evidence and, unless the contrary is proved, shall be deemed to have been issued by or on behalf of the authority stated in the certificate.

(10) A person guilty of an offence under subsection (8) above 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.

(11) A person who is a protected intending occupier of any premises shall be regarded for the purposes of this Part of this Act as a protected intending occupier also of any access to those premises.

Violence for securing entry.

38A

(1) Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested—

(a) in England and Wales, by any constable acting within his police area;

(b) in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve;

and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest.

(2) Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable of the Police Service of Scotland , in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine.

(3) A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom.

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