Criminal Law Act 1977

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the words from "twelve months" to "with that date" substitute " three months beginning with the date when the order was originally made ",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 ";

• (c) for " section 15(4) " substitute " section 15(2A) or (4) ".

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 ";

• (c) for " it has " substitute " has been ".

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

• (c) requiring the prosecution to show that it is satisfied.

• (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.

• (4) An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851.

• (5) In this section—

• “fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution;

• “imprisonment” includes, in the case of a person who is under the age of 21 years, detention;

• “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;

• “prison” means—in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution; andin the case of a person under that age arrested in England and Wales, any place in which he could be detained under section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000;in the case of a person under that age arrested in Northern Ireland, a young offenders centre; and

• “sum adjudged to be paid by a conviction’” has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964.

• (6) This section shall not apply to the arrest of persons under the age of 18 years.

38B

• (1) Subject to subsection (6) below, a person against whom there has been issued in England and Wales a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Northern Ireland by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve in like manner as if the warrant were a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction in Northern Ireland; and article 158(4) and (5) of the Magistrates’ Courts (Northern Ireland) Order 1981 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such warrant which has been issued in England and Wales as they 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 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 England and Wales by any constable acting within his police area in like manner as if the warrant were a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction in England and Wales.

• (3) A person arrested by virtue of subsection (1) or (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 issued in that part of the United Kingdom.

• (4) A warrant of commitment issued by a court in Northern Ireland may be executed in England and Wales by virtue of this section whether or not it has been endorsed under section 27 of the Petty Sessions (Ireland) Act 1851.

• (5) In this section

• “part of the United Kingdom” means England and Wales or Northern Ireland;

• “prison” means—in the case of a person who is under the age of 21 years arrested in England and Wales, any place in which he could be detained under section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000; andin the case of a person under that age arrested in Northern Ireland, a young offenders centre; and

• “sum adjudged to be paid by a conviction” has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, Article 2(5) of the Magistrates’ Courts (Northern Ireland) Order 1981.

• (6) This section shall not apply to the arrest of persons under the age of 18 years.

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Provisions applying to Scotland.

Consecutive sentences of imprisonment

3A

• (1) This paragraph applies where—

• (a) an offender is serving consecutive sentences of imprisonment; and

• (b) at least one of the sentences was passed with an order under section 47(1) of this Act.

• (2) Where this paragraph applies the offender shall, so far as the consecutive sentences are concerned, be treated for the purposes—

• (a) of computing the date when he should be released from prison; and

• (b) of calculating the term of imprisonment liable to be restored under section 47(3) of this Act,

as if he had been sentenced to a single term of imprisonment with an order under section 47(1) of this Act of which the part which he is immediately required to serve in prison were the aggregate—

• (i) of the part which he is required to serve in prison of any consecutive sentence passed with an order under section 47(1) of this Act; and

• (ii) of the whole term of any other consecutive sentence,

• (3) Section 47(6) of this Act shall have effect, in relation to any consecutive sentence passed with an order under section 47(1) of this Act, as if for the words following the word “prison” there were substituted the following words

if— (a) none of the sentences to which he is subject had been passed with an order under subsection (1) above; and (b) he had not had, in respect of any sentence passed with such an order, any remission under section 25(1) of the Prison Act 1952 (industry and good conduct in prison).

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• (4) In this paragraph “a consecutive sentence” means a sentence which is one of two or more sentences of imprisonment the terms of which have been ordered to run consecutively.

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 a fine not exceeding £500, or both”.

2

In section 9 (entering land, with others, armed and for the purpose of taking or distroying 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)

...

ACCESSORIES AND ABETTORS ACT 1861 (C. 94)

In section 8 (abettors in misdmeanors,) 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 (offences 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 reasonabley 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 1877 (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).

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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—

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

;

• (b) in the third column, for the words “As provided” to “or both)” substitute—

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

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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

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

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.

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• (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

• (c) after “country”, wherever occurring, insert “or island”.

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.

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• (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

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2

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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—

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CRIMINAL JUSTICE ACT 1967 (C. 80)

1

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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 subsection (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

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5

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6

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7

• (1) Section 60 (release on license of persons serving determinate sentences) shall be amended as follows—

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

• (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 remmission 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 on any part of the sentence under the rules.

.

• (4) In subsection (6) (duration of a 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

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9

in subsection 91 (drunkeness in a public place) omit subsection (5).

COMPANIES ACT 1967 (c. 81)

1

In subsection 49(1) (certain offences to be triable summarily), after “triable” insert “only”.

2

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

FIREARMS ACT 1968(c. 27)

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...

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

CHILDREN AND YOUNG PERSONS ACT 1969 (c.54)

1

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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

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

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

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 coming into force of those paragraphs.

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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.

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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

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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.

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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

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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

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6

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7

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8

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9

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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

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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 emoloyed 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 the Criminal Law Act 1977) tried summarily in pursuance of subsection (2) of that section (summary trial where value involved is small);”

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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 the 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”;

• (c) for “it has” substitute “has been”.

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 was made. (8B) A court which has orderd 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 custdody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it thinks 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 8(B) 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 by over to the person who gave the security if the order under subsection (8B) has been made before the order for forfeiture took effect shall be repaid or paid over to him.

4

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Editorial notes