Criminal Justice Act 1988

(10A) In subsection (10) above “the specified period” has the same meaning as in section 60(1) above.

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19

In subsection (6) of section 67 (computation of sentences) for “(1)" there shall be substituted “(1A)".

Criminal Appeal Act 1968 (c. 19)

20

The Criminal Appeal Act 1968 shall be amended as follows.

21

Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection—

(2) A person who on conviction on indictment has also been convicted of a summary offence under section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (7) of that section.

22

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

• (2) In subsection (4) of that section, after the word “section" there shall be inserted the words “and section 11 of this Act".

23

• (1) In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after “9" there shall be inserted “(1)".

• (2) The following subsections shall be inserted after that subsection—

(2A) Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way. (2B) If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section.

24

The following subsection shall be substituted for subsection (4) of that section—

(4) The power of the Court of Appeal under subsection (3) of this section to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 23(1) of the Powers of Criminal Courts Act 1973 or section 47(4) of the Criminal Law Act 1977 in respect of a suspended or partly suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that sentence where the court below made no order in respect of it.

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25

The following section shall be inserted after section 18—

(18A) (1) A person who wishes to appeal under section 13 of the Administration of Justice Act 1960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court. (2) Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against. (3) The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal.

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26

In subsection (1) of section 19 (bail)—

• (a) in paragraph (b), the words “or paragraph (a) above” shall be inserted after “1981"; and

• (b) in paragraph (c), the words “either of those paragraphs” shall be substituted for the words “that paragraph".

27

In section 29(2)(b) (circumstances in which there may not be a direction that time spent in custody is not to be reckoned as part of any sentence) for the words “under section 1 of this Act" there shall be substituted the words

under— (i) section 1 or 11(1A) of this Act; or (ii) section 81(1B) of the Supreme Court Act 1981

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28

The following section shall be substituted for section 30—

(30) (1) The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime. (2) The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied. (3) Where the House of Lords restores a conviction, it may make any order for the restitution of property which the court of trial could have made.

29

The following shall be substituted for the words in section 31 from the beginning of subsection (1) to “powers” in subsection (2)—

(1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions— (a) the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below; (b) the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976; and (c) the powers to make orders for the payment of costs under sections 16 to 18 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act. (2) The powers mentioned in subsection (1) (a) above

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30

The following subsection shall be inserted after subsection (2A) of that section—

(2B) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court

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31

The following shall be substituted in the first subsection of section 44 for the words from the beginning to “judge", in the first place where it occurs—

(1) There may be exercised by a single judge— (a) the powers of the Court of Appeal under this Part of this Act— (i) to extend the time for making an application for leave to appeal; (ii) to make an order for or in relation to bail; and (iii) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and (b) their powers to make orders for the payment of costs under sections 16 and 17 of the Prosecution of Offences Act 1985 in proceedings under this Part of this Act.

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32

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Theft Act 1968 (c. 60)

33

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Genocide Act 1969 (c. 12)

34

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Children and Young Persons Act 1969 (c. 54)

35

In subsection (1) of section 20A of the Children and Young Persons Act 1969 (power of court to add condition as to charge and control of offender in care), at the end of the first paragraph (b) there shall be inserted the words

or (c) by virtue of section 15(1) of this Act in a case where— (i) the supervision order for which the care order was substituted was made under section 7(7) of this Act; and (ii) the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,

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36

In section 29 of that Act (recognisance on release of arrested child or young person) the words “he or" shall cease to have effect.

Tribunals and Inquiries Act 1971 (c. 62)

37

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Powers of Criminal Courts Act 1973 (c. 62)

38

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39

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40

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41

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42

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Legal Aid Act 1974 (c. 4)

43

In section 28(7A) of the Legal Aid Act 1974 for the words “the person charged" there shall be substituted “a person to whom the notice relates".

Juries Act 1974 (c. 23)

44

In subsection (1) of section 3 of the Juries Act 1974 (electoral register as basis of jury selection) for “sixty five" there shall be substituted “seventy".

45

In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word “refusals" there shall be substituted the word “excusals".

46

In section 20(4) of that Act (offences) after the word “excusal" there shall be inserted the words “or deferral".

Rehabilitation of Offenders Act 1974 (c. 53)

47

In section 1(2)(a) of the Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent a person from becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.

Criminal Procedure (Scotland) Act 1975 (c. 21)

48

In each of sections 171 and 368 of the Criminal Procedure (Scotland) Act 1975 (which make provision as to the presumption and determination of the ages of children) in subsection (3) for the words “and (d)" there shall be substituted the words “(d) and (e)".

49

In section 289G of that Act (which creates the standard scale and amends certain enactments accordingly) in subsection (13) (inserted by section 66 of the Criminal Justice (Scotland) Act 1987)—

• (a) after the word “is" there shall be inserted “(a)";

• (b) for the words from “1987" there shall be substituted—

(b) under any instrument (however framed or worded) made by virtue of such an enactment, a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.

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50

In Schedule 1 to that Act (which lists offences against children under the age of 17 years to which special provisions apply) after paragraph (a) there shall be inserted the following paragraph—

(aa) any offence under section 80(7) of the Criminal Justice (Scotland) Act 1980 (commission of a homosexual act in certain circumstances).

51

In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph—

(e) any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.

Bail Act 1976 (c. 63)

52

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Sexual Offences (Amendment) Act 1976 (c. 82)

53

• (1) The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland).

• (2) In section 5(1)(b), for the word “both" there shall be substituted the word “all".

• (3) In section 7(6), for the words from “(including" to “6(4)(b))" there shall be substituted the words “and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)".

Internationally Protected Persons Act 1978 (c. 17)

54

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55

The following subsections shall be substituted for section 4(1) of that Act—

(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 3 above. (1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 3A above.

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Judicature (Northern Ireland) Act 1978 (c. 23)

56

In section 49(6) of the Judicature (Northern Ireland) Act 1978 (variation of sentences) after the word “appeal)" there shall be inserted the words “and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.)".

Suppression of Terrorism Act 1978 (c. 26)

57

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Interpretation Act 1978 (c. 30)

58

In Schedule 1 to the Interpretation Act l978—

• (a) after the definition of “Sheriff" there shall be inserted—

“The standard scale”, with reference to a fine or penalty for an offence triable only summarily,— (a) in relation to England and Wales, has the meaning given by section 37 of the Criminal Justice Act l982; (b) in relation to Scotland, has the meaning given by section 289G of the Criminal Procedure (Scotland) Act l975; (c) in relation to Northern Ireland, has the meaning given by Article 5 of the Fines and Penalties (Northern Ireland) Order 1984.

;

• (b) after the definition of “Statutory declaration" there shall be inserted—

“Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,— (a) in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates’ Courts Act l980; (b) in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure (Scotland) Act l975; and (c) in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order l984.

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59

In the definition of “offence triable either way" in that Schedule, after the word “offence", in the second place where it occurs, there shall be inserted the words “, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988".

Protection of Children Act 1978 (c. 37)

60

The Protection of Children Act 1978 shall be amended as follows.

61

• (1) In subsection (1) of section 4 (entry, search and seizure) for the words from “are" to the end there shall be substituted the words “is an indecent photograph of a child".

• (2) In subsection (2) of that section the words from “taken" to the end shall cease to have effect.

62

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Justices of the Peace Act 1979 (c. 55)

63

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Child Care Act 1980 (c. 5)

64

In section 73(1)(b) of the Child Care Act 1980 (places of safety etc.) for the words “section 38(7)" there shall be substituted the words “section 38(6)".

Magistrates’ Courts Act 1980 (c. 43)

65

The Magistrates’ Courts Act 1980 shall be amended as follows.

66

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67

In subsection (1) of section 37 (committal to Crown Court for sentence), for the words “nor more than 16" there shall be substituted the words “but under 17".

68

At the end of subsection (8) of section 102 (written statement before examining justices) there shall be added the words “and section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) shall be given a corresponding construction".

69

• (1) In subsection (3A) of section 128 (remand in custody without accused being brought before court)—

• (a) after the word “custody" there shall be inserted the words “and the remand was not a remand under section 128A below for a period exceeding 8 clear days,"; and

• (b) after the word “him" there shall be inserted the words “(otherwise than in the exercise of the power conferred by that section)".

• (2) In subsection (6) of that section (which lists the cases in which a magistrates’ court may remand a person for a period exceeding 8 clear days) for the word “section", in the first place where it occurs, there shall be substituted the words “sections 128A and".

70

The following subsection shall be inserted after subsection (2) of section 133 (limit on length of imprisonment or youth custody where consecutive terms are imposed)—

(2A) In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.

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Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

71

The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.

72

The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—

(4) The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it.

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73

The following section shall be inserted after section 16—

(16A) (1) Subject to subsection (2) below, a person who wishes to appeal under section 44 of the 1978 c. 23.Judicature (Northern Ireland) Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against. (2) The time for giving notice under this section may be extended either before or after its expiry by the Court.

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74

The following section shall be substituted for section 17—

(17) (1) The Court of Appeal may, if it thinks fit— (a) grant an appellant bail pending the determination of his appeal; or (b) vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or (c) revoke bail granted to an appellant under paragraph (a) above. (2) The powers conferred by subsection (1) above may be exercised— (a) on the application of the appellant; or (b) if it appears to the Master that any of them ought to be exercised, on a reference to the court by him.

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75

The following section shall be substituted for section 18—

(18) If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon.

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76

• (1) In section 44(1) (constitution of Court of Appeal on appeals or references), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988".

• (2) In section 44(4)(b) (judge of the Court of Appeal not to hear or determine applications relating to reference under section 14 or 15 where he was the trial judge), after the word “Act" there shall be inserted the words “or section 36 of the Criminal Justice Act 1988.".

77

The following paragraph shall be substituted for section 45(2)(d)—

(d) to exercise the powers conferred by section 17 of this Act;

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78

The following subsection shall be inserted after section 45(3)—

(3A) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.

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Supreme Court Act 1981 (c. 54)

79

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80

The following paragraph shall be inserted after subsection (4)(a) of section 55 of the Supreme Court Act 1981 (constitution of criminal division of Court of Appeal)—

(aa) reviewing sentencing under Part IV of the Criminal Justice Act 1988;

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Civil Aviation Act 1982 (c. 16)

81

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Civil Jurisdiction and Judgments Act 1982 (c. 27)

82

In section 18(4A) of the Civil Jurisdiction and Judgments Act 1982 (exception from provisions regulating the enforcement of UK judgments in other parts of the United Kingdom in respect of the enforcement in Scotland of High Court orders made under the Drug Trafficking Offences Act 1986), after “1986" there shall be inserted the words “or Part VI of the Criminal Justice Act 1988 (confiscation of the proceeds of offences)".

Taking of Hostages Act 1982 (c. 28)

83

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84

The following subsections shall be substituted for section 5(1) of that Act—

(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 3(1) and (4) above. (1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 3A above.

Aviation Security Act 1982 (c. 36)

85

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86

In subsection (3) of section 9, after the word “above” there shall be inserted the words “and of section 9A below”.

87

The following section shall be inserted after that section—

(9A) (1) Where— (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to a relevant Convention; and (b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988, Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the relevant Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences— (i) offences which are offences in pursuance of that Convention; (ii) an attempt to commit such an offence; (iii) counselling, procuring, commanding, aiding or abetting such an offence; and (iv) being accessory before or after the fact to such an offence. (2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are— (a) section 1(1) to (8); (b) sections 3 to 10; and (c) sections 12 to 18. (3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court. (4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State any act or omission, wherever it takes place, which falls within section 9(4) of this Act shall be deemed to be an offence committed within the territory of that State.

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88

The following subsections shall be substituted for section 39(1) of that Act—

(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 9 above. (1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 9A above and to section 9 above as amended by the Criminal Justice Act 1988.

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Civic Government (Scotland) Act 1982 (c. 45)

89

In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word “thereof)" there shall be inserted the words “and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)".

Criminal Justice Act 1982 (c. 48)

90

At the end of section 15(11) of the Criminal Justice Act 1982 (offence of failing to comply with supervision requirements) there shall be added (but not as part of paragraph (b)) the words “but not liable to be dealt with in any other way".

91

At the end of part II of Schedule 1 to that Act there shall be added—

CRIMINAL JUSTICE ACT 1988 (c. 33) (30) Section 134 (torture).

Transport Act 1982 (c. 49)

92

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93

• (1) In subsection (1) of section 47 of that Act (evidence in fixed penalty notice cases) after the word “constable”, in the second place where it occurs, there shall be inserted the words “or authorised person”.'

• (2) The following subsection shall be inserted after that subsection—

(1A) In subsection (1) above “authorised person” has the meaning assigned to it by section 28(5) above.

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94

In section 50(1) of that Act, in the definition of “chief officer of police”, after the word “means” there shall be inserted the words “, except in section 28(5) above,”.

Nuclear Material (Offences) Act 1983 (c. 18)

95

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96

The following subsections shall be substituted for section 7(1) of that Act—

(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 5 above. (1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 5A above.

Police and Criminal Evidence Act 1984 (c. 60)

97

The Police and Criminal Evidence Act 1984 shall be amended as follows.

98

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99

In section 55(1) (intimate searches) for the words “such a search" there shall be substituted the words “an intimate search".

100

In section 65, in the definition of “intimate samples", for the word “orifice" there shall be substituted the word “orifices".

101

In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).

102

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Prosecution of Offences Act 1985 (c. 23)

103

The following paragraph shall be inserted after subsection (4)(a) of section 16 of the Prosecution of Offences Act 1985 (defence costs)—

(aa) directs under section 8(1B) of the Criminal Appeal Act 1968 the entry of a judgment and verdict of acquittal;

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104

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Local Government Act 1985 (c. 51)

105

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Bankruptcy (Scotland) Act 1985 (c. 66)

106

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107

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108

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109

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Insolvency Act 1986 (c. 45)

110

Section 281(4) of the Insolvency Act 1986 (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.

Criminal Justice Act 1987 (c. 38)Criminal Justice (Scotland) Act 1987 (c. 41)

111

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Criminal Justice Act 1987 (c. 38)

112

The Criminal Justice Act 1987 shall be amended as follows.

113

• (1) In subsection (2) of section 2 (Director’s investigation powers), for the words from “attend" to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith".

• (2) In subsection (3) of that section—

• (a) for the words “a specified time and place" there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,"; and

• (b) for the word “class" there shall be substituted the word “description".

114

• (1) In subsection (1) of section 11, for the words from “a report" to “containing" there shall be inserted the words “a report of proceedings to which this section applies which contains".

• (2) The following subsection shall be inserted after that subsection—

(1A) This section applies— (a) to an application under section 6(1) above; and (b) to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing.

• (3) The following subsection shall be substituted for subsection (2)—

(2) An order that subsection (1) above shall not apply to reports— (a) of an application under section 6(1) above; (b) of a preparatory hearing; (c) of an appeal to the Court of Appeal under section 9(11) above; or (d) of an application for leave to appeal under that subsection, may be made— (i) in a case falling within paragraph (a), (b) or (d) above, by the judge dealing with the matter; and (ii) in a case falling within paragraph (c) above, by the Court of Appeal.

.

• (4) The following subsection shall be inserted after subsection (9)—

(9A) In subsection (9) above “engaged” means engaged under a contract of service or a contract for services.

• (5) In subsection (15) the following definition shall be added after the definition of “publish"—

“relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.

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115

In section 13(1), for the words “operates only so as to make for Northern Ireland provision corresponding to" there shall be substituted the words “is made only for purposes corresponding to those of".

116

In paragraph 6(1) of Schedule 1, for “(4)" there shall be substituted “(5)".

Criminal Justice (Scotland) Act 1987 (c. 41)

117

(1) Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.

The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)

118

• (1) In Article 24(2) of the Public Order (Northern Ireland) Order 1987, for the words “or Part IV" there shall be substituted the words “Part IV or section 139 of the Criminal Justice Act 1988".

• (2) In Article 26(1) of that Order, for the words “or 22(1)" there shall be substituted the words “22(1) or section 139 of the Criminal Justice Act 1988".

• (3) In Article 26(2) (c) of that Order, after the words “Article 22(1)" there shall be inserted the words “or section 139 of the Criminal Justice Act 1988", and after the word “weapon" there shall be inserted the words “or article, as the case may be,".

SCHEDULE 16

Suppression of terrorism.

32A

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

33A

34A

Reviews of sentencing.

Reviews of sentencing.

Business etc. documents.

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

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

72A

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

Increase of maximum fine under s.32 of the Game Act 1831.

72AA

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

Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations.

73A

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

Evidence of persons under 14 in committal proceedings.

Review and revision of certain questions and determinations

74A

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

74B

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

Provision of information by defendant.

74C

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

Review of cases where proceeds of crime not assessed.

75A

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

Scope of Part IV.

Money laundering and other offences

93A

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

93B

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

Criminal damage etc. as summary offences.

93C

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

Documentary evidence— supplementary.

93D

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

93E

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

93F

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

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

93G

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

Investigations into the proceeds of criminal conduct

Confiscation orders.

93H

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

93I

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

Confiscation relating to a course of criminal conduct.

93J

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

Form of evidence and glossaries.

Evidence of persons under 14 in committal proceedings.

133A

• (1) This section applies where an assessor is required to assess the amount of compensation payable to or in respect of a person under section 133 for a miscarriage of justice.

• (2) In assessing so much of any compensation payable under section 133 as is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

• (a) the seriousness of the offence of which the person was convicted and the severity of the punishment suffered as a result of the conviction, and

• (b) the conduct of the investigation and prosecution of the offence.

• (3) The assessor may make from the total amount of compensation that the assessor would otherwise have assessed as payable under section 133 any deduction or deductions that the assessor considers appropriate by reason of either or both of the following—

• (a) any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and

• (b) any other convictions of the person and any punishment suffered as a result of them.

• (4) If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers that there are exceptional circumstances which justify doing so, the assessor may determine that the amount of compensation payable under section 133 is to be a nominal amount only.

• (5) The total amount of compensation payable to or in respect of a person under section 133 for a particular miscarriage of justice must not exceed the overall compensation limit. In the case of compensation payable by the Department of Justice in Northern Ireland, that limit is—

• (a) £1 million in a case to which section 133B applies, and

• (b) £500,000 in any other case.

• (5A) In the case of compensation payable by the Secretary of State, the overall compensation limit for the purposes of subsection (5) is—

• (a) £1,300,000 in a case to which section 133B applies, and

• (b) £650,000 in any other case.

• (6) The total amount of compensation payable under section 133 for a person's loss of earnings or earnings capacity in respect of any one year must not exceed the earnings compensation limit.

That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest figures published by the Office of National Statistics at the time of the assessment.

• (7) The Secretary of State may by order made by statutory instrument amend subsection (5) or (6) so as to alter any amount for the time being specified as the overall compensation limit or the earnings compensation limit.

• (8) No order may be made under subsection (7) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

• (9) In relation to compensation payable by the Department of Justice in Northern Ireland, the power in subsection (7) is exercisable by the Department (and not by the Secretary of State).

• (10) The power of the Department of Justice to make an order under subsection (7) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

• (11) No order may be made by the Department of Justice under subsection (7) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (8) does not apply).

• (12) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (11) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

133B

• (1) For the purposes of section 133A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—

• (a) the conviction is reversed, or

• (b) the pardon is given,

as mentioned in section 133(1).

• (2) P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

• (a) by virtue of a sentence passed in respect of the relevant offence,

• (b) under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

• (c) as a result of P's having been remanded in custody in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

• (3) In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—

• (a) in qualifying detention, and

• (b) in excluded concurrent detention.

• (4) P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—

• (a) during the term of a sentence passed in respect of an offence other than the relevant offence,

• (b) under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or

• (c) as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—

• (i) the relevant offence, or

• (ii) any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.

• (5) But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.

• (6) In this section—

• “ mental health legislation ” means— Part 3 of the Mental Health Act 1983,Part 3 of the Mental Health (Northern Ireland) Order 1986, orthe provisions of any earlier enactment corresponding to Part 3 of that Act or Part 3 of that Order;

• “ the relevant offence ” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));

• “ remanded in custody ” is to be read in accordance with subsections (8) and (9);

• “ reversed ” has the same meaning as in section 133 of this Act.

• (7) If, as a result of the miscarriage of justice—

• (a) two or more convictions are reversed, or

• (b) a pardon is given in respect of two or more offences,

“ the relevant offence ” means any of the offences concerned.

• (8) In relation to England and Wales, “ remanded in custody ” has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.

• (9) In relation to Northern Ireland, “ remanded in custody ” means—

• (a) remanded in or committed to custody by an order of a court, or

• (b) remanded, admitted or removed to hospital under Article 42, 43, 45 or 54 of the Mental Health (Northern Ireland) Order 1986 or under any corresponding provision of any earlier enactment.

Revision of assessment of amount to be recovered.

139A

• (1) Any person who has an article to which section 139 of this Act applies with him on school premises or further education premises shall be guilty of an offence.

• (2) Any person who has an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953 with him on school premises or further education premises shall be guilty of an offence.

• (3) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question.

• (4) Without prejudice to the generality of subsection (3) above, it shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had the article or weapon in question with him—

• (a) for use at work,

• (b) for educational purposes,

• (c) for religious reasons, or

• (d) as part of any national costume.

• (5) A person guilty of an offence under subsection (1) or (2) is liable—

• (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or to both;

• (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

• (c) on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

• (5ZA) In relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 (maximum sentence that may be imposed on summary conviction of offence triable either way) the reference in subsection (5)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

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

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

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

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

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

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

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

• (5ZB) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.

• (6) In this section and section 139B “school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by—

• (a) in relation to land in England and Wales, section 4 of the Education Act 1996;

• (b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).

• (6A) In this section and section 139B “further education premises” means—

• (a) in relation to England and Wales, land used solely for the purposes of—

• (i) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or

• (ii) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),

excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;

• (b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution.

• (7) In the application of this section to Northern Ireland—

• (a) the reference in subsection (2) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987; and

• (b) the reference in subsection (6) above to section 4 of the Education Act 1996 is to be construed as a reference to Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.

139B

• (1) A constable may enter school premises or further education premises and search those premises and any person on those premises for—

• (a) any article to which section 139 of this Act applies, or

• (b) any offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

if he has reasonable grounds for suspecting that an offence under section 139Aor 139AA of this Act is being, or has been, committed.

• (2) If in the course of a search under this section a constable discovers an article or weapon which he has reasonable grounds for suspecting to be an article or weapon of a kind described in subsection (1) above, he may seize and retain it.

• (3) The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.

• (4) In the application of this section to Northern Ireland —

• (a) the reference in subsection (1)(b) above to section 1 of the Prevention of Crime Act 1953 is to be construed as a reference to Article 22 of the Public Order (Northern Ireland) Order 1987., and

• (b) the reference in subsection (1) to section 139AA is omitted.

141ZA

• (1) This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.

• (2) The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.

• (3) The Scottish Ministers may in particular—

• (a) provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;

• (b) increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—

• (i) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;

• (ii) on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;

• (c) create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order.

• (4) In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—

• (a) the granting, and revocation, by them of authorisations in relation to the acquisition of swords;

• (b) enabling them to specify conditions in such authorisations;

• (c) requiring persons to whom authorisations are granted to comply with such conditions;

• (d) making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions.

• (5) Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.

• (6) The penalty is—

• (a) imprisonment for a term not exceeding 12 months; or

• (b) a fine not exceeding level 5 on the standard scale,

or both.

• (7) The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).

141ZB

• (1) The importation of an offensive weapon is prohibited, subject to section 141ZC.

• (2) In this section “ offensive weapon ” means a weapon of a description specified in an order made by the Secretary of State for the purposes of this subsection.

• (3) The Secretary of State may not specify any of the following under subsection (2)—

• (a) a weapon subject to the Firearms Act 1968;

• (b) a crossbow.

• (4) Orders under this section are to be made by statutory instrument.

• (5) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (6) In the application of this section to Northern Ireland the reference in subsection (3) to the Firearms Act 1968 is to be construed as a reference to the Firearms (Northern Ireland) Order 2004.

Certain either way offences relating to motor vehicles to be summary offences.

141ZC

• (1) The importation of a weapon is not prohibited by section 141ZB if one of the following exceptions applies.

• (2) Exception 1 is that the weapon is imported for the purposes only of functions carried out on behalf of—

• (a) the Crown, or

• (b) a visiting force.

• (3) Exception 2 is that the weapon is imported for the purposes only of making it available to a museum or gallery which does not distribute profits.

• (4) Exception 3 is that the weapon is imported for the purposes only of making it available for one or more of the following—

• (a) theatrical performances;

• (b) rehearsals of theatrical performances;

• (c) the production of films;

• (d) the production of television programmes.

• (5) In subsection (4)—

• “ films ” has the meaning given by section 5B of the Copyright, Designs and Patents Act 1988;

• “ television programmes ” has the meaning given by section 405 of the Communications Act 2003.

• (6) The Secretary of State may by order provide for further exceptions from the prohibition on importation of weapons under section 141ZB.

• (7) Orders under this section are to be made by statutory instrument.

• (8) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (9) Expressions used in this section and in section 141 have the same meaning in this section as in that section.

Sale of knives and certain articles with blade or point to persons under sixteen.

141ZD

• (1) This section applies for the purposes of proceedings for an offence under the Customs and Excise Management Act 1979 relating to a weapon the importation of which is prohibited by section 141ZB above.

• (2) An exception conferred by or under section 141ZC is to be taken not to apply unless sufficient evidence is adduced to raise an issue with respect to the exception.

• (3) Where sufficient evidence is adduced to raise an issue with respect to an exception, it is to be taken to apply unless the contrary is proved beyond a reasonable doubt.

141A

• (1) Any person who sells to a person under the age of eighteen years an article to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

• (2) Subject to subsection (3) below, this section applies to—

• (a) any knife, knife blade or razor blade,

• (b) any axe, and

• (c) any other article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.

• (3) This section does not apply to any article described in—

• (a) section 1 of the Restriction of Offensive Weapons Act 1959, or

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

• (c) an order made by the Secretary of State under this section.

• (4) Subject to section 141B, it shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (5) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Sale of knives and certain articles with blade or point to persons under sixteen.

Prohibition on importation of offensive weapons: burdens of proof

160A

• (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—

• (a) were married or civil partners of each other , or

• (b) lived together as partners in an enduring family relationship.

• (2) This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph or pseudo-photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—

• (a) were married or civil partners of each other , or

• (b) lived together as partners in an enduring family relationship.

• (3) This section applies whether the photograph or pseudo-photograph showed the child alone or with the defendant, but not if it showed any other person.

• (4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph or pseudo-photograph being in the defendant’s possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.

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

Possession of indecent photographs of children: Scotland.

Army Act 1955 (c. 18)

Air Force Act 1955 (c. 19)

Naval Discipline Act 1957 (c. 53)

Army Act 1955 (c. 18)

Air Force Act 1955 (c. 19)

Naval Discipline Act 1957 (c. 53)

Citation.

The amendments of the Children and Young Persons Act 1969 mentioned in section 128(2) above are—

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

Video recordings of evidence

9

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

Cross -examination of children

10

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

Criminal Justice Act 1987 (c. 38)

Criminal Justice (Scotland) Act 1987 (c. 41)

Criminal Justice Act 1987 (c. 38)

Criminal Justice (Scotland) Act 1987 (c. 41)

Notes

1

The repeals in the Offences against the Person Act 1861 and the Prevention of Corruption Act 1916 do not extend to Northern Ireland.

2

The repeal in the Road Traffic Act 1972 does not extend to Scotland.

3

The repeal of sections 74 and 75 of the Criminal Justice Act 1982 and the repeals in sections 80 and 81 of that Act do not affect those sections as they apply—

• (a) in any of the Channel Islands; or

• (b) in the Isle of Man,

and any Order in Council applying section 74(1) or 75 to any of those Islands shall continue to have effect as if this Act had not been passed.

Editorial notes

[^c12784381]: By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

[^c12784391]: Ss. 1–21 repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37, Sch. 2

[^c12784401]: 1978 c. 26.

[^c12784481]: Word in s. 23(1) inserted (14.4.2000) by 1999 c. 23, s. 67, Sch. 4 para.16 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(b)

[^c12784491]: 1968 c. 19.

[^c12784501]: S. 23(1)(c) and word preceding it repealed (14.4.2000) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(c),Sch.

[^c12784521]: 1984 c. 60.

[^c12784531]: S. 23(5) inserted (4.7.1996 with effect as mentioned in Sch. 1, Pt. III of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 28, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)

[^c12784621]: Word in s. 24(1) inserted (14.4.2000) by 1999 c. 23, s. 67, Sch. 4 para.16 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2

[^c12784631]: 1968 c. 19.

[^c12784641]: S. 24(1)(c) and word preceding it repealed (14.4.2000) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(c), Sch.

[^c12784671]: S. 24(5) inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 29 (with s. 78(1)); S.I. 1997/683, art. 1(2)

[^c12784731]: S. 25 restricted (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 3(8); S.I. 1991/1072, art. 2(a), Sch. Pt. I

[^c12784741]: Word in s. 25(1)(a)(ii) repealed (4.9.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/1957, art.6

[^c12784751]: 1987 c. 38.

[^c12784761]: S. 25(1)(a)(iv) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 31; S.I. 1995/127, art. 2, Sch. 1, APPENDIX

[^c12784811]: Words in s. 26 inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para.30, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)

[^c12784821]: Words in s. 27 inserted (4.7.1996 with effect as mentioned in Sch. 1 Pt. III para. 39 of the amending Act) by 1996 c. 25, s. 47, Sch. 1 Pt. II para. 31, Pt. III para. 39 (with s. 78(1)); S.I. 1997/683, art. 1(2)

[^c12784851]: S. 29 repealed (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 31(3), Sch. 5; S.I. 1991/1072, art. 2(a), Schedule Pt. I

[^c12785781]: S. 32(1)(1)(b)(2)(a)-(c)(3) applied (with modifications) (8.3.1993) by S.I. 1993/244, art. 2

[^c12785791]: Words in s. 32(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

[^c12785831]: S. 32(1A) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 55(3); S.I. 1992/333, art. 2(2), Sch. 2.

[^c12785841]: Words in s. 32(1A)(a) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 , para. 16(2)(a); S.I. 1997/402, art. 3

[^c12785851]: Words in s. 32(1A)(b) substituted (31.3.1997) by 1995 c. 35, s. 29(1), Sch. 2 para. 16(2)(b); S.I. 1997/402, art. 3

[^c12785971]: 1911 c. 6.

[^c12786381]: S. 33A repealed (24.7.2002) by 1999 c. 23, s. 67, Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2002/1739, art. 2(g)(iii)

[^c12786461]: S. 34(1) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 100, 101(2), Sch. 11 para. 37, Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

[^c12786471]: S. 34(2) explained (1.10.1996 subject to savings in art. 3 of the commencing S.I.) by 1996 c. 46, s. 6(1)(2); S.I. 1996/2474, arts. 2, 3(1)

[^c12786481]: Words in s. 34(2) repealed (4.9.1995) by 1994 c. 33, ss. 32(2), 168(3), Sch. 11; S.I. 1995/1957, art. 6

[^c12786491]: Words in s. 34(3) substituted (14.4.2000) by 1999 c. 23, s. 67, Sch. 4 para.17 (with Sch. 7 para. 5(2)); S.I. 2000/1034, art. 2(b)

[^c12786521]: S. 34A repealed (4.9.2000) by 1999 c. 23, ss. 67, Sch. 6 (with Sch. 7 para. 3(2)); S.I. 2000/2091, art. 2(f) (with art. 3)