LegalizeReform history
Criminal Justice Act 1988
43 versions
· 1988-07-29
2025-10-29
Criminal Justice Act 1988
2024-06-14
Criminal Justice Act 1988
2024-05-24
Criminal Justice Act 1988
2023-12-20
Criminal Justice Act 1988
2023-02-07
Criminal Justice Act 1988
2022-06-28
Criminal Justice Act 1988
2022-04-28
Criminal Justice Act 1988
2022-03-24
Criminal Justice Act 1988
2020-12-31
Criminal Justice Act 1988
2020-03-25
Criminal Justice Act 1988
2019-08-01
Criminal Justice Act 1988
2018-11-13
Criminal Justice Act 1988
2018-01-29
Criminal Justice Act 1988
2017-07-31
Criminal Justice Act 1988
2016-11-30
Criminal Justice Act 1988
2016-04-01
Criminal Justice Act 1988
2016-03-07
Criminal Justice Act 1988
2015-04-21
Criminal Justice Act 1988
2015-02-12
Criminal Justice Act 1988
2015-01-14
Criminal Justice Act 1988
2014-03-13
Criminal Justice Act 1988
2013-12-09
Criminal Justice Act 1988
2013-07-22
Criminal Justice Act 1988
2013-01-31
Criminal Justice Act 1988
2012-10-01
Criminal Justice Act 1988
2012-02-01
Criminal Justice Act 1988
2011-12-15
Criminal Justice Act 1988
2011-05-05
Criminal Justice Act 1988
2010-04-12
Criminal Justice Act 1988
2009-10-31
Criminal Justice Act 1988
2008-07-21
Criminal Justice Act 1988
2008-07-08
Criminal Justice Act 1988
2007-07-12
Criminal Justice Act 1988
2006-12-06
Criminal Justice Act 1988
2006-05-16
Criminal Justice Act 1988
2005-09-29
Criminal Justice Act 1988
2005-04-01
Criminal Justice Act 1988
2005-03-11
Criminal Justice Act 1988
2004-09-01
Criminal Justice Act 1988
2004-04-26
Criminal Justice Act 1988
Changes on 2004-04-26
@@ -664,7 +664,7 @@
- (3) Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.
- (4) A statement prepared otherwise than in accordance with section 3 of the Criminal Justice (International Co-operation) Act 1990 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below for the purposes—
- (4) A statement prepared otherwise than in accordance with section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below for the purposes—
- (a) of pending or contemplated criminal proceedings; or
@@ -716,7 +716,7 @@
##### 26
Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with section 3 of the Criminal Justice (International Co-operation) Act 1990 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes—
Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes—
- (a) of pending or contemplated criminal proceedings; or
@@ -1929,9 +1929,7 @@
##### 119
- (1) In section 1 of the Juries Act 1974 (qualification for jury service) for “sixty-five there shall be substituted “seventy.
- (2) The following shall be inserted at the beginning of Part III of Schedule 1 to that Act (persons excusable from jury service as of right)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Discretionary deferral of jury service
@@ -4192,7 +4190,7 @@
##### 8
In Part I of Schedule 1 to the Juries Act 1974 (persons ineligible for jury service), in the definition of “penal establishment" in Group B, for the words from “Prison" to the end there shall be substituted the words “establishment regulated by the Prison Act 1952".
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### Rehabilitation of Offenders Act 1974 (c. 53)
@@ -4691,13 +4689,13 @@
##### 6
- (1) No application shall be made under section 3 of the Criminal Justice (International Co-operation) Act 1990 in relation to any offence which is or is to be the subject of proceedings before a Service court, but the Secretary of State may by order make provision as to letters of request or corresponding documents for such proceedings.
- (1) No application shall be made under section 7 of the Crime (International Co-operation) Act 2003 in relation to any offence which is or is to be the subject of proceedings before a Service court, but the Secretary of State may by order make provision as to requests for assistance in obtaining outside the United Kingdom evidence for such proceedings.
- (2) An order under this paragraph may make different provision for different classes of case.
- (3) The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
- (4) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to letters of request or corresponding documents for proceedings before a Service court.
- (4) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to requests for assistance in obtaining evidence for proceedings before a Service court.
### Form of evidence and glossaries
@@ -5888,7 +5886,7 @@
## SCHEDULE 16
#### Suppression of terrorism.
#### Scope of Part I.
##### 32A
@@ -5976,15 +5974,15 @@
##### 34A
#### Reviews of sentencing.
#### Common assault and battery to be summary offences.
#### Repeal of s.134 of Magistrates’ Courts Act 1980.
#### Increase of maximum fine under s.32 of the Game Act 1831.
#### - Making of confiscation orders.
#### Scope of Part IV.
#### Criminal damage etc. as summary offences.
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Confiscation orders.
##### 72A
@@ -5996,13 +5994,13 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Provision of information by defendant.
#### Statements, etc. relevant to making confiscation orders.
##### 73A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Review of cases where proceeds of crime not assessed.
#### Definition of principal terms used.
### Review and revision of certain questions and determinations
@@ -6020,13 +6018,13 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Interest on sums unpaid under confiscation orders.
#### Application of procedure for enforcing fines.
##### 75A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restraint orders.
#### Cases in which restraint orders and charging orders may be made.
### Money laundering and other offences
@@ -6044,7 +6042,7 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Application of sections 93A to 93D to Scotland.
#### Tipping-off.
##### 93D
@@ -6066,7 +6064,7 @@
### Investigations into the proceeds of criminal conduct
#### Authority for search.
#### Order to make material available.
##### 93H
@@ -6082,338 +6080,338 @@
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#### Enforcement of Northern Ireland orders.
#### Bail: hostel conditions.
##### 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. That limit is—
- (a) £1 million in a case to which section 133B applies, and
- (b) £500,000 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.
##### 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.
#### Torture.
##### 139A
- (1) Any person who has an article to which section 139 of this Act applies with him on school 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 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—
- (a) under subsection (1) above shall be liable—
- (i) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
- (ii) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
- (b) under subsection (2) above shall be liable—
- (i) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
- (ii) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
- (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 section 4 of the Education Act 1996.
- (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 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 believing that an offence under section 139A 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 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.
##### 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.
#### Prohibition on importation of offensive weapons: exceptions
##### 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.
#### Prohibition on importation of offensive weapons: burdens of proof
##### 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 sixteen 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,
- (b) an order made under section 141(2) of this Act, or
- (c) an order made by the Secretary of State under this section.
- (4) 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.
#### Customs and Excise power of arrest.
#### Marriage and other relationships
##### 160A
- (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent 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
- (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 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
- (b) lived together as partners in an enduring family relationship.
- (3) This section applies whether the 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 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.
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#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### 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)
#### Power to include requirements in supervision orders.
The amendments of the Children and Young Persons Act 1969 mentioned in section 128(2) above are—
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 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. That limit is—
- (a) £1 million in a case to which section 133B applies, and
- (b) £500,000 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.
##### 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.
#### Requirement of Attorney General’s consent for prosecutions.
##### 139A
- (1) Any person who has an article to which section 139 of this Act applies with him on school 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 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—
- (a) under subsection (1) above shall be liable—
- (i) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
- (ii) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
- (b) under subsection (2) above shall be liable—
- (i) on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
- (ii) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
- (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 section 4 of the Education Act 1996.
- (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 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 believing that an offence under section 139A 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 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.
##### 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.
#### Prohibition on importation of offensive weapons: exceptions
##### 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 sixteen 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,
- (b) an order made under section 141(2) of this Act, or
- (c) an order made by the Secretary of State under this section.
- (4) 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.
#### Remands of suspected drug offenders to customs detention.
#### Possession of indecent photographs of children: Scotland.
##### 160A
- (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent 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
- (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 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
- (b) lived together as partners in an enduring family relationship.
- (3) This section applies whether the 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 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### 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)
#### Young offenders.
The amendments of the Children and Young Persons Act 1969 mentioned in section 128(2) above are—
#### . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
### Video recordings of evidence
##### 9
@@ -6778,6 +6776,8 @@
[^c12794981]: [Ss. 108-117](https://www.legislation.gov.uk/ukpga/1988/33/section/108) repealed (8.11.1995) by [1995 c. 53](https://www.legislation.gov.uk/ukpga/1995/53), [s. 12(1)(7)](https://www.legislation.gov.uk/ukpga/1995/53/section/12/1/7),Sch.
[^c19024231]: [S. 119](https://www.legislation.gov.uk/ukpga/1988/33/section/119) repealed (5.4.2004) by [Criminal Justice Act 2003 (c. 44)](https://www.legislation.gov.uk/ukpga/2003/44), [ss. 332](https://www.legislation.gov.uk/ukpga/2003/44/section/332), [336](https://www.legislation.gov.uk/ukpga/2003/44/section/336), [Sch. 37 Pt. 10](https://www.legislation.gov.uk/ukpga/2003/44/schedule/37/part/10); [S.I. 2004/829](https://www.legislation.gov.uk/uksi/2004/829), [art. 2(2)(l)(iv)](https://www.legislation.gov.uk/uksi/2004/829/article/2/2/l/iv) (subject to [art. 2(3)-(6)](https://www.legislation.gov.uk/uksi/2004/829/article/2/3))
[^c12795001]: [1974 c. 23](https://www.legislation.gov.uk/ukpga/1974/23).
[^c12795061]: [S. 123(2)(3)](https://www.legislation.gov.uk/ukpga/1988/33/section/123/2/3) repealed (1.10.1992) by [Criminal Justice Act 1991 (c. 53, SIF 39:1)](https://www.legislation.gov.uk/ukpga/1991/53), [s. 101(2)](https://www.legislation.gov.uk/ukpga/1991/53/section/101/2), [Sch. 13](https://www.legislation.gov.uk/ukpga/1991/53/schedule/13); [S.I. 1992/333](https://www.legislation.gov.uk/uksi/1992/333), [art. 2(2)](https://www.legislation.gov.uk/uksi/1992/333/article/2/2), [Sch. 2](https://www.legislation.gov.uk/uksi/1992/333/schedule/2)
@@ -7052,6 +7052,8 @@
[^c12798481]: [1973 c. 35](https://www.legislation.gov.uk/ukpga/1973/35).
[^c19032181]: [Sch. 8 para. 8](https://www.legislation.gov.uk/ukpga/1988/33/schedule/8/paragraph/8) repealed (5.4.2004) by [Criminal Justice Act 2003 (c. 44)](https://www.legislation.gov.uk/ukpga/2003/44), [ss. 332](https://www.legislation.gov.uk/ukpga/2003/44/section/332), [336](https://www.legislation.gov.uk/ukpga/2003/44/section/336), [Sch. 37 Pt. 10](https://www.legislation.gov.uk/ukpga/2003/44/schedule/37/part/10); [S.I. 2004/829](https://www.legislation.gov.uk/uksi/2004/829), [art. 2(2)(l)(iv)](https://www.legislation.gov.uk/uksi/2004/829/article/2/2/l/iv) (subject to [art. 2(3)-(6)](https://www.legislation.gov.uk/uksi/2004/829/article/2/3))
[^c12798501]: [1974 c. 53](https://www.legislation.gov.uk/ukpga/1974/53).
[^c12798621]: [Sch. 9 para. 1](https://www.legislation.gov.uk/ukpga/1988/33/schedule/9/paragraph/1) repealed by [Prisons (Scotland) Act 1989 (c. 45, SIF 39:1)](https://www.legislation.gov.uk/ukpga/1989/45), [s. 45(2)](https://www.legislation.gov.uk/ukpga/1989/45/section/45/2), [Sch. 3](https://www.legislation.gov.uk/ukpga/1989/45/schedule/3)
@@ -7084,6 +7086,12 @@
[^c12799181]: Words in Sch. 13 para. 6(1) substituted (10.6.1991) by [Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1)](https://www.legislation.gov.uk/ukpga/1990/5), [s. 31(1)](https://www.legislation.gov.uk/ukpga/1990/5/section/31/1), [Sch. 4 para. 6(3)](https://www.legislation.gov.uk/ukpga/1990/5/schedule/4/paragraph/6/3); [S.I. 1991/1072](https://www.legislation.gov.uk/uksi/1991/1072), [art. 2(a)](https://www.legislation.gov.uk/uksi/1991/1072/article/2/a), [Sch](https://www.legislation.gov.uk/uksi/1991/1072/schedule)edule Pt. I
[^c19022621]: Words in Sch. 13 para. 6(1) substituted (26.4.2004) by [Crime (International Co-operation) Act 2003 (c. 32)](https://www.legislation.gov.uk/ukpga/2003/32), [ss. 91](https://www.legislation.gov.uk/ukpga/2003/32/section/91), [94](https://www.legislation.gov.uk/ukpga/2003/32/section/94), [Sch. 5 para. 16(a)(i)](https://www.legislation.gov.uk/ukpga/2003/32/schedule/5/paragraph/16/a/i); [S.I. 2004/786](https://www.legislation.gov.uk/uksi/2004/786), [art. 3(2)](https://www.legislation.gov.uk/uksi/2004/786/article/3/2) (with [S.I. 2004/787](https://www.legislation.gov.uk/uksi/2004/787), [art. 3(3)](https://www.legislation.gov.uk/uksi/2004/787/article/3/3))
[^c19439651]: Words in Sch. 13 para. 6(1) substituted (26.4.2004) by [Crime (International Co-operation) Act 2003 (c. 32)](https://www.legislation.gov.uk/ukpga/2003/32), [ss. 91](https://www.legislation.gov.uk/ukpga/2003/32/section/91), [94](https://www.legislation.gov.uk/ukpga/2003/32/section/94), [Sch. 5 para. 16(a)(ii)](https://www.legislation.gov.uk/ukpga/2003/32/schedule/5/paragraph/16/a/ii); [S.I. 2004/786](https://www.legislation.gov.uk/uksi/2004/786), [art. 3(2)](https://www.legislation.gov.uk/uksi/2004/786/article/3/2) (with [S.I. 2004/787](https://www.legislation.gov.uk/uksi/2004/787), [art. 3(3)](https://www.legislation.gov.uk/uksi/2004/787/article/3/3))
[^c19032211]: Words in Sch. 13 para. 6(4) substituted (26.4.2004) by [Crime (International Co-operation) Act 2003 (c. 32)](https://www.legislation.gov.uk/ukpga/2003/32), [ss. 91](https://www.legislation.gov.uk/ukpga/2003/32/section/91), [94](https://www.legislation.gov.uk/ukpga/2003/32/section/94), [Sch. 5 para. 16(b)](https://www.legislation.gov.uk/ukpga/2003/32/schedule/5/paragraph/16/b); [S.I. 2004/786](https://www.legislation.gov.uk/uksi/2004/786), [art. 3(2)](https://www.legislation.gov.uk/uksi/2004/786/article/3/2) (with [S.I. 2004/787](https://www.legislation.gov.uk/uksi/2004/787), [art. 3(3)](https://www.legislation.gov.uk/uksi/2004/787/article/3/3))
[^c12799361]: [Sch. 13 paras. 9](https://www.legislation.gov.uk/ukpga/1988/33/schedule/13/paragraph/9), [10](https://www.legislation.gov.uk/ukpga/1988/33/schedule/13/paragraph/10) added (1.10.1996) by [1996 c. 46](https://www.legislation.gov.uk/ukpga/1996/46), [s.7](https://www.legislation.gov.uk/ukpga/1996/46/section/7); [S.I. 1996/2474](https://www.legislation.gov.uk/uksi/1996/2474), [art.2](https://www.legislation.gov.uk/uksi/1996/2474/article/2).
[^c12799381]: [Sch. 13 paras. 9](https://www.legislation.gov.uk/ukpga/1988/33/schedule/13/paragraph/9), [10](https://www.legislation.gov.uk/ukpga/1988/33/schedule/13/paragraph/10) added (1.10.1996) by [1996 c. 46](https://www.legislation.gov.uk/ukpga/1996/46), [s.7](https://www.legislation.gov.uk/ukpga/1996/46/section/7); [S.I. 1996/2474](https://www.legislation.gov.uk/uksi/1996/2474), [art.2](https://www.legislation.gov.uk/uksi/1996/2474/article/2).
@@ -7178,10 +7186,10 @@
[^c12784641]: S. 24(1)(c) and word preceding it repealed (14.4.2000) by [1999 c. 23](https://www.legislation.gov.uk/ukpga/1999/23), [s. 67](https://www.legislation.gov.uk/ukpga/1999/23/section/67), [Sch. 6](https://www.legislation.gov.uk/ukpga/1999/23/schedule/6) (with [Sch. 7 para. 5(2)](https://www.legislation.gov.uk/ukpga/1999/23/schedule/7/paragraph/5/2)); [S.I. 2000/1034](https://www.legislation.gov.uk/uksi/2000/1034), [art. 2(c)](https://www.legislation.gov.uk/uksi/2000/1034/article/2/c), [Sch.](https://www.legislation.gov.uk/uksi/2000/1034/schedule)
[^c12784661]: Words in [s. 24(4)](https://www.legislation.gov.uk/ukpga/1988/33/section/24/4) substituted (10.6.1991) by [Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1)](https://www.legislation.gov.uk/ukpga/1990/5), [s. 31(1)](https://www.legislation.gov.uk/ukpga/1990/5/section/31/1), [Sch. 4 para. 6(2)](https://www.legislation.gov.uk/ukpga/1990/5/schedule/4/paragraph/6/2); [S.I. 1991/1072](https://www.legislation.gov.uk/uksi/1991/1072), [art. 2(a)](https://www.legislation.gov.uk/uksi/1991/1072/article/2/a), [Sch](https://www.legislation.gov.uk/uksi/1991/1072/schedule)edule Pt. I
[^c12784671]: S. 24(5) inserted (4.7.1996 with effect as mentioned in [Sch. 1 Pt. III para. 39](https://www.legislation.gov.uk/ukpga/1996/25/schedule/1/part/III/paragraph/39) of the amending Act) by [1996 c. 25](https://www.legislation.gov.uk/ukpga/1996/25), [s. 47](https://www.legislation.gov.uk/ukpga/1996/25/section/47), [Sch. 1 Pt. II para. 29](https://www.legislation.gov.uk/ukpga/1996/25/schedule/1/part/II/paragraph/29) (with [s. 78(1)](https://www.legislation.gov.uk/ukpga/1996/25/section/78/1)); [S.I. 1997/683](https://www.legislation.gov.uk/uksi/1997/683), [art. 1(2)](https://www.legislation.gov.uk/uksi/1997/683/article/1/2)
[^c19022401]: Words in s. 24(4) substituted (26.4.2004) by [Crime (International Co-operation) Act 2003 (c. 32)](https://www.legislation.gov.uk/ukpga/2003/32), [ss. 91](https://www.legislation.gov.uk/ukpga/2003/32/section/91), [94](https://www.legislation.gov.uk/ukpga/2003/32/section/94), [Sch. 5 para. 14](https://www.legislation.gov.uk/ukpga/2003/32/schedule/5/paragraph/14); [S.I. 2004/786](https://www.legislation.gov.uk/uksi/2004/786), [art. 3(2)](https://www.legislation.gov.uk/uksi/2004/786/article/3/2) (with [S.I. 2004/787](https://www.legislation.gov.uk/uksi/2004/787), [art. 3(3)](https://www.legislation.gov.uk/uksi/2004/787/article/3/3))
[^c12784731]: [S. 25](https://www.legislation.gov.uk/ukpga/1988/33/section/25) restricted (10.6.1991) by [Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1)](https://www.legislation.gov.uk/ukpga/1990/5), [s. 3(8)](https://www.legislation.gov.uk/ukpga/1990/5/section/3/8); [S.I. 1991/1072](https://www.legislation.gov.uk/uksi/1991/1072), [art. 2(a)](https://www.legislation.gov.uk/uksi/1991/1072/article/2/a), [Sch. Pt. I](https://www.legislation.gov.uk/uksi/1991/1072/schedule/part/I)
[^c12784741]: Word in [s. 25(1)(a)(ii)](https://www.legislation.gov.uk/ukpga/1988/33/section/25/1/a/ii) repealed (4.9.1995) by [1994 c. 33](https://www.legislation.gov.uk/ukpga/1994/33), [s. 168(3)](https://www.legislation.gov.uk/ukpga/1994/33/section/168/3), [Sch.11](https://www.legislation.gov.uk/ukpga/1994/33/schedule/11); [S.I. 1995/1957](https://www.legislation.gov.uk/uksi/1995/1957), [art.6](https://www.legislation.gov.uk/uksi/1995/1957/article/6)
@@ -7190,10 +7198,10 @@
[^c12784761]: [S. 25(1)(a)(iv)](https://www.legislation.gov.uk/ukpga/1988/33/section/25/1/a/iv) inserted (3.2.1995) by [1994 c. 33](https://www.legislation.gov.uk/ukpga/1994/33), [s. 168(1)](https://www.legislation.gov.uk/ukpga/1994/33/section/168/1), [Sch. 9 para. 31](https://www.legislation.gov.uk/ukpga/1994/33/schedule/9/paragraph/31); [S.I. 1995/127](https://www.legislation.gov.uk/uksi/1995/127), [art. 2](https://www.legislation.gov.uk/uksi/1995/127/article/2), [Sch. 1](https://www.legislation.gov.uk/uksi/1995/127/schedule/1), APPENDIX
[^c12784801]: Words in [s. 26](https://www.legislation.gov.uk/ukpga/1988/33/section/26) substituted (10.6.1991) by [Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1)](https://www.legislation.gov.uk/ukpga/1990/5), [s. 31(1)](https://www.legislation.gov.uk/ukpga/1990/5/section/31/1), [Sch. 4 para. 6(2)](https://www.legislation.gov.uk/ukpga/1990/5/schedule/4/paragraph/6/2); [S.I. 1991/1072](https://www.legislation.gov.uk/uksi/1991/1072), [art. 2(a)](https://www.legislation.gov.uk/uksi/1991/1072/article/2/a), [Sch. Pt. I](https://www.legislation.gov.uk/uksi/1991/1072/schedule/part/I)
[^c12784811]: Words in s. 26 inserted (4.7.1996 with effect as mentioned in [Sch. 1 Pt. III para. 39](https://www.legislation.gov.uk/ukpga/1996/25/schedule/1/part/III/paragraph/39) of the amending Act) by [1996 c. 25](https://www.legislation.gov.uk/ukpga/1996/25), [s. 47](https://www.legislation.gov.uk/ukpga/1996/25/section/47), [Sch. 1 Pt. II para.30](https://www.legislation.gov.uk/ukpga/1996/25/schedule/1/part/II/paragraph/30), [Pt. III para. 39](https://www.legislation.gov.uk/ukpga/1996/25/part/III/paragraph/39) (with [s. 78(1)](https://www.legislation.gov.uk/ukpga/1996/25/section/78/1)); [S.I. 1997/683](https://www.legislation.gov.uk/uksi/1997/683), [art. 1(2)](https://www.legislation.gov.uk/uksi/1997/683/article/1/2)
[^c19022531]: Words in s. 26 substituted (26.4.2004) by [Crime (International Co-operation) Act 2003 (c. 32)](https://www.legislation.gov.uk/ukpga/2003/32), [ss. 91](https://www.legislation.gov.uk/ukpga/2003/32/section/91), [94](https://www.legislation.gov.uk/ukpga/2003/32/section/94), [Sch. 5 para. 15](https://www.legislation.gov.uk/ukpga/2003/32/schedule/5/paragraph/15); [S.I. 2004/786](https://www.legislation.gov.uk/uksi/2004/786), [art. 3(2)](https://www.legislation.gov.uk/uksi/2004/786/article/3/2) (with [S.I. 2004/787](https://www.legislation.gov.uk/uksi/2004/787), [art. 3(3)](https://www.legislation.gov.uk/uksi/2004/787/article/3/3))
[^c12784821]: Words in s. 27 inserted (4.7.1996 with effect as mentioned in [Sch. 1 Pt. III para. 39](https://www.legislation.gov.uk/ukpga/1996/25/schedule/1/part/III/paragraph/39) of the amending Act) by [1996 c. 25](https://www.legislation.gov.uk/ukpga/1996/25), [s. 47](https://www.legislation.gov.uk/ukpga/1996/25/section/47), [Sch. 1 Pt. II para. 31](https://www.legislation.gov.uk/ukpga/1996/25/schedule/1/part/II/paragraph/31), [Pt. III para. 39](https://www.legislation.gov.uk/ukpga/1996/25/part/III/paragraph/39) (with [s. 78(1)](https://www.legislation.gov.uk/ukpga/1996/25/section/78/1)); [S.I. 1997/683](https://www.legislation.gov.uk/uksi/1997/683), [art. 1(2)](https://www.legislation.gov.uk/uksi/1997/683/article/1/2)
[^c12785571]: [S. 32(1)(b)](https://www.legislation.gov.uk/ukpga/1988/33/section/32/1/b) substituted (1.10.1992) by [Criminal Justice Act 1991 (c. 53, SIF 39:1)](https://www.legislation.gov.uk/ukpga/1991/53), [s. 55(2)(b)](https://www.legislation.gov.uk/ukpga/1991/53/section/55/2/b); [S.I. 1992/333](https://www.legislation.gov.uk/uksi/1992/333), [art.2(2)](https://www.legislation.gov.uk/uksi/1992/333/article/2/2), [Sch. 2](https://www.legislation.gov.uk/uksi/1992/333/schedule/2).
@@ -7278,8 +7286,6 @@
[^c12794571]: [1987 c. 41](https://www.legislation.gov.uk/ukpga/1987/41).
[^c12794991]: [1974 c. 23](https://www.legislation.gov.uk/ukpga/1974/23).
[^c12795051]: [1982 c. 48](https://www.legislation.gov.uk/ukpga/1982/48).
[^c12795371]: [1975 c. 21](https://www.legislation.gov.uk/ukpga/1975/21).
@@ -7332,8 +7338,6 @@
[^c12798241]: [1986 c. 22](https://www.legislation.gov.uk/ukpga/1986/22).
[^c12798491]: [1974 c. 23](https://www.legislation.gov.uk/ukpga/1974/23).
[^c12798531]: [1982 c. 48](https://www.legislation.gov.uk/ukpga/1982/48).
[^c12798541]: [1980 c. 43](https://www.legislation.gov.uk/ukpga/1980/43).
2003-12-18
Criminal Justice Act 1988
2003-10-13
Criminal Justice Act 1988
1988-07-29
Criminal Justice Act 1988
original version
Text at this date