Criminal Justice Act 1988
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Where extradition procedures under this Part of this Act are available as between the United Kingdom and a foreign state, a person in the United Kingdom who— may be arrested and returned to that state in accordance with those procedures.
is accused in that state of the commission of an extradition crime; or
is alleged to be unlawfully at large after conviction of an extradition crime by a court in that state,
In this Part of this Act—
“ television programmes ” has the meaning given by section 405 of the Communications Act 2003.
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 the Torture Convention; and
general extradition arrangements have not been made with that State under Part I of this Act,
in relation to land in England and Wales, section 4 of the Education Act 1996;
as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and
as to the furnishing of glossaries for such purposes as may be specified;
Extradition arrangements may be—
arrangements of a general nature made with one or more states and relating to the operation of this Part of this Act (in this Part of this Act referred to as “general extradition arrangements”); or
arrangements relating to the operation of this Part of this Act in particular cases (in this Part of this Act referred to as “special extradition arrangements”) made with a state with which there are no general extradition arrangements.
In this Part of this Act “foreign state” means any state other than— but a state which is a party to the European Convention on Extradition done at Paris on 13th December 1957 may be treated as a foreign state for the purposes of this Part of this Act.
the United Kingdom;
a country mentioned in Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens);
a colony of the United Kingdom; or
the Republic of Ireland,
In this Part of this Act “extradition crime” means—
conduct in the territory of a foreign state which, if it occurred in the United Kingdom, would constitute an offence punishable with imprisonment for a term of 12 months, or any greater punishment, and which, however described in the law of the foreign state, is so punishable under that law; or
any conduct which by virtue of subsection (8)(b) below is treated as conduct in the territory of a foreign state and which satisfies the conditions in paragraph (a) above; or
an extra-territorial offence against the law of a foreign state which is punishable under that law with imprisonment for a term of 12 months, or any greater punishment, and which satisfies—
the condition specified in subsection (6) below; or
all the conditions specified in subsection (7) below.
The condition mentioned in subsection (5)(c)(i) above is that in corresponding circumstances equivalent conduct would constitute an extra-territorial offence against the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.
The conditions mentioned in subsection (5)(c)(ii) above are—
that the foreign state bases its jurisdiction on the nationality of the offender;
that the conduct constituting the offence occurred outside the United Kingdom; and
that, if it occurred in the United Kingdom, it would constitute an offence under the law of the United Kingdom punishable with imprisonment for a term of 12 months, or any greater punishment.
For the purposes of this Part of this Act—
the law of a foreign state includes the law of any part of that state and the law of the United Kingdom includes the law of any part of the United Kingdom; and
conduct in a colony or dependency of a foreign state, or a vessel, aircraft or hovercraft of a foreign state, shall be treated as if it were conduct in the territory of that state.
The amendments of the Extradition Act 1870, the Backing of Warrants (Republic of Ireland) Act 1965 and the Fugitive Offenders Act 1967 contained respectively in Parts I, II and III of Schedule 1 to this Act (which introduce into those Acts provisions corresponding to certain provisions of this Part of this Act) shall have effect.
Where general extradition arrangements have been made, Her Majesty may, by Order in Council reciting or embodying their terms, direct that extradition procedures shall be available as between the United Kingdom and the foreign state, or any foreign state, with whom they have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.
An Order in Council under this section shall not be made unless the general extradition arrangements to which it relates—
provide for their determination after the expiration of a notice given by a party to them and not exceeding one year or for their denunciation by means of such a notice; and
are in conformity with the provisions of this Part of this Act, and in particular with the restrictions on return contained in this Part of this Act.
An Order in Council under this section shall be conclusive evidence that the arrangements therein referred to comply with this Part of this Act and that this Part of this Act applies in the case of the foreign state, or any foreign state, mentioned in the Order.
An Order in Council under this section shall be laid before Parliament after being made.
An Order in Council under this section which does not provide that a person may only be returned to the foreign state requesting his return if the court before which he is brought under section 6 below is satisfied that the evidence would be sufficient to warrant his trial if the extradition crime had taken place within the jurisdiction of the court shall be subject to annulment in pursuance of a resolution of either House of Parliament.
On the commencement of this Part of this Act the power conferred by section 2 of the Extradition Act 1870 to direct that that Act shall apply in the case of a foreign state shall cease to be exercisable, but nothing in this Part of this Act affects any Order in Council made under that section or the operation of any enactment in relation to a foreign state in whose case an Order in Council under that section is in force.
A person shall not be returned to a foreign state under this Part of this Act, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority—
that the offence of which that person is accused or was convicted is an offence of a political character;
that it is an offence under military law which is not also an offence under the general criminal law;
that the request for his return (though purporting to be made on account of an extradition crime) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or
that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.
A person who is alleged to be unlawfully at large after conviction of an extradition crime by a court in a foreign state shall not be returned to that state, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority—
that the conviction was obtained in his absence; and
that it would not be in the interests of justice to return him to the foreign state on the ground of that conviction.
A person accused of an offence shall not be returned to a foreign state, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority that if charged with that offence in the United Kingdom he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
A person shall not be returned to a foreign state, or committed to or kept in custody for the purposes of such return, unless provision is made by the law of that state, or by an arrangement made with that state, for securing that he will not, unless he has first had an opportunity to leave that state, be dealt with in that state for or in respect of any offence committed before his return to it other than—
the offence in respect of which his return is ordered;
an offence, other than an offence excluded by subsection (5) below, which is disclosed by the particulars furnished under section 4(2)(b) below; or
subject to subsection (6) below, any other offence being an extradition crime in respect of which the Secretary of State may consent to his being dealt with.
The offences excluded from paragraph (b) of subsection (4) above are offences in relation to which an order for the return of the person concerned could not lawfully be made in accordance with the provisions of this Part of this Act.
The Secretary of State may not give consent under paragraph (c) of that subsection in respect of an offence in relation to which it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Part of this Act.
In this Part of this Act “appropriate authority” means—
the Secretary of State;
the court of committal;
the High Court or High Court of Justiciary on an application for habeas corpus or for review of the order of committal.
Subject to the provisions of this Part of this Act relating to provisional warrants, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State (in this Part of this Act referred to as an “authority to proceed”) issued in pursuance of a request (in this Part of this Act referred to as an “extradition request”) for the surrender of a person under this Part of this Act made by some person recognised by the Secretary of State as a diplomatic representative of a foreign state.
There shall be furnished with any such request— and copies of them shall be served on the person whose return is requested before he is brought before a court under section 6 below.
particulars of the person whose return is requested;
particulars of the offence of which he is accused or was convicted (including information sufficient to justify the issue of a warrant for his arrest under this Part of this Act);
in the case of a person accused of an offence, a warrant for his arrest issued in the foreign state; and
in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence,
Rules under section 144 of the Magistrates' Courts Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales.
The High Court of Justiciary may, by Act of Adjournal, make rules as to the procedure for service under subsection (2) above in Scotland.
On receipt of any such request the Secretary of State may issue an authority to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Part of this Act.
An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of State would be constituted by equivalent conduct in the United Kingdom.
In this Part of this Act “warrant”, in the case of any foreign state, includes any judicial document authorising the arrest of a person accused or convicted of a crime.
For the purposes of this Part of this Act a warrant for the arrest of a person accused in a foreign state of an extradition crime, or alleged to be unlawfully at large after conviction in a foreign state of an extradition crime, may be issued— and any warrant issued by virtue of paragraph (b) above is in this Part of this Act referred to as a “provisional warrant”.
on the receipt of an authority to proceed, by—
the chief metropolitan stipendiary magistrate or metropolitan stipendiary magistrate designated for the purposes of this Part of this Act by the Lord Chancellor; or
the sheriff of Lothian and Borders;
without such an authority— upon information that the said person is or is believed to be in or on his way to the United Kingdom;
by a metropolitan stipendiary magistrate;
by a justice of the peace in any part of the United Kingdom; and
in Scotland, by a sheriff,
A person empowered to issue warrants of arrest under this section may issue such a warrant if he is supplied with such information as would in his opinion authorise the issue of a warrant for the arrest of a person accused of conduct which would constitute an offence punishable under the law of the United Kingdom with imprisonment for a period of not less than 12 months or, as the case may be, of a person alleged to be unlawfully at large after conviction of such an offence within his jurisdiction.
Where a provisional warrant is issued under this section, the authority by whom it is issued shall forthwith give notice to the Secretary of State, and transmit to him the information, or certified copies of the information, upon which it was issued; and the Secretary of State may in any case, and shall, if he decides not to issue an authority to proceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested under it, discharge him from custody.
A warrant of arrest issued under this section may, without being backed, be executed in any part of the United Kingdom and may be so executed by any person to whom it is directed or by any constable.
A person arrested in pursuance of a warrant under section 5 above shall (unless previously discharged under subsection (3) of that section) be brought as soon as practicable before a court (in this Part of this Act referred to as “the court of committal”) consisting of the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated as mentioned in section 5(1)(a) above or the sheriff of Lothian and Borders, as may be directed by the warrant.
For the purposes of proceedings under this section the court of committal shall have the like jurisdiction and powers, as nearly as may be, including power to remand in custody or on bail, as a magistrates' court acting as examining justices.
For the purposes of proceedings under this section a court of committal in Scotland shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the Legal Aid (Scotland) Act 1986 relating to such proceedings or any appellate proceedings following thereon shall apply accordingly to that person.
Where an Order in Council such as is mentioned in subsection (8) below is in force in relation to the foreign state, there is no need to furnish the court of committal with evidence sufficient to warrant the trial of the arrested person if the extradition crime had taken place within the jurisdiction of the court.
Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a period (of which the court shall give notice to the Secretary of State) after which he will be discharged from custody unless such an authority has been received.
In exercising the power conferred by subsection (5) above in a case when the extradition request is made under general extradition arrangements the court shall have regard to any period specified for the purpose in the Order in Council relating to the arrangements.
Where— the court of committal may fix a reasonable period.
the extradition request is made under general extradition arrangements but no period is so specified; or
the application is made under special extradition arrangements,
“domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);
where that person is accused of the offence, unless an Order in Council giving effect to general extradition arrangements otherwise provides, that the evidence would be sufficient to warrant his trial if the extradition crime had taken place within the jurisdiction of the court;
that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and
to subsection (2) below; and
where that person is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large,
that the case is one to which this Part of this Act applies,
to section 4 of the Bail Act 1976,
he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person; and on such a reference the Court of Appeal may—
to await the Secretary of State’s decision as to his return to the foreign state that made the extradition request; and
shall not be admissible by virtue of subsection (1) above unless—
if the Secretary of State decides that he shall be returned to that state, to await his return.
“visiting force” means any body, contingent or detachment of the forces of a country—
A supervision order may require the supervised person to reside with an individual named in the order who agrees to the requirement, but a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by the following provisions of this section or by section 12A, 12B or 12C below. Subject to section 19(12) of this Act, a supervision order may require the supervised person to comply with any directions given from time to time by the supervisor and requiring him to do all or any of the following things— but it shall be for the supervisor to decide whether and to what extent he exercises any power to give directions conferred on him by virtue of this subsection and to decide the form of any directions; and a requirement imposed by a supervision order in pursuance of this subsection shall be subject to any such requirement of the order as is authorised by section 12B(1) of this Act. The total number of days in respect of which a supervised person may be required to comply with directions given by virtue of paragraph (a), (b) or (c) of subsection (2) above in pursuance of a supervision order shall not exceed 90 or such lesser number, if any, as the order may specify for the purposes of this subsection; and for the purpose of calculating the total number of days in respect of which such directions may be given the supervisor shall be entitled to disregard any day in respect of which directions were previously given in pursuance of the order and on which the directions were not complied with.
Subject to subsection (3) below, a supervision order to which section 12A(1) of this Act applies may require a supervised person, if he is of compulsory school age, to comply, for as long as he is of that age and the order remains in force, with such arrangements for his education as may from time to time be made by his parent, being arrangements for the time being approved by the local education authority. The court shall not include such a requirement in a supervision order unless it has consulted the local education authority with regard to its proposal to include the requirement and is satisfied that in the view of the local education authority arrangements exist for the child or young person to whom the supervision order will relate to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have. Expressions used in subsection (1) above and in the Education Act 1944 have the same meaning there as in that Act. The court may not include a requirement under subsection (1) above unless it has first consulted the supervisor as to the offender’s circumstances and, having regard to the circumstances of the case, it considers the requirement necessary for securing the good conduct of the supervised person or for preventing a repetition by him of the same offence or the commission of other offences.
Part 3 of the Mental Health (Northern Ireland) Order 1986, or
If the court commits a person under subsection (8) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.
A person may be committed in the exercise of the power conferred by subsection (8) above either to custody or on bail.
If the court commits a person to custody in the exercise of that power, it may subsequently grant him bail if it considers it appropriate to do so.
If— it shall discharge him.
the court is not satisfied as mentioned in subsection (8) above in relation to the person arrested; or
his committal is prohibited by a provision of this Part of this Act,
If the court of committal refuses to make an order of committal in relation to a person under section 6 above in respect of the offence or, as the case may be, any of the offences, to which the authority to proceed relates, the state seeking the surrender of that person to it may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court or, in Scotland, the High Court of Justiciary on the question of law involved.
If the state seeking his surrender immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for his detention, or directing that he shall not be released except on bail.
Rules of Court may specify—
a period within which a state must make such an application unless the Court grants a longer period; and
a period within which the court of committal must comply with such an application.
Where the court of committal fails to comply with an application under subsection (1) above within the period specified in Rules of Court, the High Court or, in Scotland, the High Court of Justiciary may, on the application of the state that applied for the case to be stated, make an order requiring the court to state a case.
The High Court or High Court of Justiciary shall have power—
to remit the case to the court of committal to decide it according to the opinion of the High Court or High Court of Justiciary on the question of law; or
to dismiss the appeal.
Where the court dismisses an appeal relating to an offence, it shall by order declare that that offence is not an offence in respect of which the Secretary of State has power to make an order under section 9 below in respect of the person whose return was requested.
An order made by a metropolitan magistrate under subsection (2) above shall cease to have effect if—
the court dismisses the appeal in respect of the offence or all the offences to which it relates; and
the state seeking surrender does not immediately—
apply for leave to appeal to the House of Lords; or
inform the court that it intends to apply for leave.
An order made by the sheriff of Lothian and Borders under subsection (2) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all the offences to which it relates.
In relation to a decision of a court on an appeal under this section, section 1 of the Administration of Justice Act 1960 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.
The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.
Subject to subsections (7) and (8) above, an order under subsection (2) above shall have effect so long as the case is pending.
For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the foreign state can take.
In the application to Scotland of this section, subsections (9) and (10) shall be omitted and, in relation to an appeal under this section in Scotland, the court may make an order providing for the detention of the person to whom it relates or it may grant bail; and section 446(2) of the Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act.
Where a person is committed under section 6 above, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Secretary of State.
A person committed under section 6 above shall not be returned under this Part of this Act—
in any case, until the expiration of the period of 15 days beginning with the day on which the order for his committal is made;
if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.
Without prejudice to any jurisdiction of the High Court apart from this section, the court shall order the applicant’s discharge if it appears to the Court, in relation to the offence, or each of the offences, in respect of which the applicant’s return is sought, that— it would, having regard to all the circumstances, be unjust or oppressive to return him.
by reason of the trivial nature of the offence of which he is accused or was convicted; or
by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or
because the accusation against him is not made in good faith in the interests of justice,
On any such application the court may receive additional evidence relevant to the exercise of their jurisdiction under section 3 above or subsection (3) above.
Proceedings on an application for habeas corpus shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.
In the application of this section to Scotland—
references to an application for habeas corpus shall be construed as references to an application for review of the order of committal; and
the reference to the High Court shall be construed as a reference to the High Court of Justiciary.
Where a person is committed under section 6 above and is not discharged by order of the High Court or the High Court of Justiciary, the Secretary of State may by warrant order him to be returned to the state by which the extradition request was made unless his return is prohibited, or prohibited for the time being, by this Part of this Act, or the Secretary of State decides under this section to make no such order in his case.
The Secretary of State shall give the person to whom an order under subsection (1) above would relate notice in writing that he is contemplating making such an order.
The person to whom such an order would relate shall have a right to make representations, at any time before the expiration of the period of 15 days commencing with the date on which the notice is given, as to why he should not be returned to the foreign state, and unless he waives that right, no such order shall be made in relation to him before the end of that period.
A notice under subsection (2) above shall explain in ordinary language the right conferred by subsection (3) above.
It shall be the duty of the Secretary of State to consider any representations made in the exercise of that right.
Unless the person to whom it relates waives the right conferred on him by subsection (7) below, he shall not be returned to the foreign state until the expiration of the period of 7 days commencing with the date on which the warrant is issued or such longer period as— may provide.
in England and Wales, rules of court under section 84 of the Supreme Court Act 1981, or
in Scotland, the High Court of Justiciary by Act of Adjournal
At any time within that period he may apply for leave to seek judicial review of the Secretary of State’s decision to make the order.
If he applies for judicial review, he may not be returned so long as the proceedings for judicial review are pending.
Proceedings for judicial review shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.
A warrant under this section— and a copy shall be given to the person to whom it relates as soon as the order for his return is made.
shall state in ordinary language that the Secretary of State has considered any representations made in the exercise of the right conferred by subsection (3) above; and
shall explain in ordinary language the rights conferred by this section on a person whose return to a foreign state has been ordered under this section,
Without prejudice to his general discretion as to the making of an order for the return of a person to a foreign state under this Part of this Act—
the Secretary of State shall not make an order in the case of any person if it appears to the Secretary of State that— it would, having regard to all the circumstances, be unjust or oppressive to return him; and
by reason of the trivial nature of the offence of which he is accused or was convicted; or
by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or
because the accusation against him is not made in good faith in the interests of justice,
the Secretary of State may decide not to make an order for the return of a person accused or convicted of an extradition crime constituted by conduct not punishable with death in Great Britain if that person could be or has been sentenced to death for that offence in the state by which the request for his return is made.
An order for the return of a person to a foreign state under this Part of this Act shall not be made in the case of a person who is serving a sentence of imprisonment or detention, or is charged with an offence, in the United Kingdom—
in the case of a person serving such a sentence, until the sentence has been served;
in the case of a person charged with an offence, until the charge is disposed of or withdrawn or unless an order is made for it to lie on the file and, if it results in his serving a term of imprisonment or detention, until the sentence has been served.
In the application of this section to Scotland, the reference in subsection (12) above to an order being made for the charge to lie on the file shall be construed as a reference to the diet being deserted pro loco et tempore.
The Secretary of State may decide to make no order under this section for the return of a person committed in consequence of an extradition request if another extradition request has been made in respect of him and it appears to the Secretary of State, having regard to all the circumstances of the case and in particular— that preference should be given to that other request.
the relative seriousness of the offences in question;
the date on which each such request was made; and
the nationality or citizenship of the person concerned and his ordinary residence,
A person may give notice that he waives the rights conferred on him by section 8 above.
A notice under this section shall be given in England and Wales in the manner prescribed by rules under section 144 of the Magistrates' Courts Act 1980, and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.
A notice under this section shall be given in Scotland in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person with his consent at any time after his arrest.
Where an order is made under this section, this Part of this Act shall cease to apply to the person in respect of whom it is made, except that, if within one month after the order is made, he is not surrendered to the foreign state to which he is to be returned, the High Court or, in Scotland, the High Court of Justiciary, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.
Where special extradition arrangements have been made in respect of a person, extradition procedures shall be available in the case of that person, as between the United Kingdom and the foreign state with whom the arrangements have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.
If the Secretary of State issues a certificate of special extradition arrangements, it shall be conclusive evidence of all matters stated in it.
In subsection (2) above “certificate of special extradition arrangements” means a certificate—
that special extradition arrangements have been made in respect of a person as between the United Kingdom and a foreign state specified in the certificate; and
that extradition procedures are available in the case of that person as between the United Kingdom and the foreign state to the extent specified in the certificate.
If a person committed under section 6 above is still in the United Kingdom after the expiration of the relevant period, he may apply to the High Court or the High Court of Justiciary for his discharge.
Unless he has instituted proceedings for judicial review of the Secretary of State’s decision to order his return, the relevant period is—
the period of two months beginning with the first day on which, having regard to section 8(2) above, he could have been returned;
where a warrant for his return has been issued under section 9 above, the period of one month beginning with the day on which that warrant was issued.
If he has instituted such proceedings, the relevant period is the period expiring one month after they end.
Proceedings for judicial review end for the purposes of this section—
if they are discontinued, on the date of discontinuance; and
if they are determined, on the date on which (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.
If upon an application under this section the court is satisfied that reasonable notice of the proposed application has been given to the Secretary of State, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged and if a warrant for his return has been issued under section 9 above, quash that warrant.
For the purposes of this Part of this Act foreign documents may be authenticated by the oath of a witness, but shall in any case be deemed duly authenticated—
if they purport to be signed or certified by a judge, magistrate or officer of the foreign state where they were issued; and
if they purport to be certified by the Minister of Justice, or some other Minister of State, of the foreign state.
Judicial notice shall be taken of such certification as is mentioned in subsection (1)(b) above, and documents authenticated by such certification shall be received in evidence without further proof.
Any person remanded or committed to custody under this Part of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.
If any person who is in custody by virtue of a warrant under this Part of this Act escapes out of custody, he may be retaken in any part of the United Kingdom in like manner as a person escaping from custody under a warrant for his arrest issued in that part in respect of an offence committed in that part.
Where a person, being in custody in any part of the United Kingdom whether under this Part of this Act or otherwise, is required to be removed in custody under this Part of this Act to another part of the United Kingdom and is so removed by sea or by air, he shall be deemed to continue in legal custody until he reaches the place to which he is required to be removed.
A warrant for the return of any person to a foreign state shall be sufficient authority for all persons to whom it is directed and all constables to receive that person, keep him in custody and convey him into the jurisdiction of that foreign state.
Any warrant or order to be issued or made by the Secretary of State under this Part of this Act shall be given under the hand of the Secretary of State, a Minister of State or an Under-Secretary of State.
The Secretary of State may by regulations made by statutory instrument prescribe the form of any document (except a notice required under section 10(2) above) required for the purposes of this Part of this Act.
Where any person is returned to the United Kingdom by a foreign state in pursuance of general or special extradition arrangements, he shall not, unless he has first been restored or had an opportunity of leaving the United Kingdom, be triable or tried for any offence committed prior to the surrender in any part of the United Kingdom, other than—
an offence in respect of which he was returned; or
any offence disclosed by the particulars furnished to the foreign state on which his return is grounded; or
any other offence in respect of which the foreign state may consent to his being tried.
Where any person returned to the United Kingdom in pursuance of general or special extradition arrangements has been convicted before his return of an offence for which his return was not granted, any punishment for that offence shall by operation of this section be remitted; but his conviction for it shall be treated as a conviction for all other purposes.
This section applies to any person accused of an offence under the law of the United Kingdom who is returned to the United Kingdom in pursuance of general or special extradition arrangements.
If in the case of a person to whom this section applies either—
proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in the United Kingdom on being returned; or
on his trial for that offence, he is acquitted or discharged under any of the following provisions— the Secretary of State may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the foreign state from which he was returned.
section 7(1) of the Powers of Criminal Courts Act 1973;
section 182 or 383 of the Criminal Procedure (Scotland) Act 1975;
section 5(1) of the Probation Act (Northern Ireland) 1950,
This section applies where—
a request is made— for the arrest and return of a person in the United Kingdom who is alleged to be unlawfully at large from a prison in which he was serving a sentence in pursuance of international arrangements for the repatriation of prisoners sentenced in one country (“the country of conviction”) to serve their sentences in another (“the country of imprisonment”); and
by some person recognised as a diplomatic representative of a foreign state in the case of which the Extradition Act 1870 applies or as between which and the United Kingdom extradition procedures under this Part of this Act are available; or
by or on behalf of the Government of a Commonwealth country which is a designated Commonwealth country, as defined in subsection (1) of section 2 of the Fugitive Offenders Act 1967, or the Governor of a United Kingdom dependency, as defined in subsection (2) of that section,
there are furnished with the request—
particulars of the person whose return or surrender is requested;
particulars of the offence of which he was convicted (including information sufficient to justify the issue of a warrant for his arrest under the relevant legislation);
a certificate of the conviction and sentence; and
a certificate of the international arrangements for repatriation under which he was held.
Where this section applies, the relevant legislation shall have effect— and the question whether the person to whom the request relates is to be returned shall be determined, subject to subsection (3) below, in accordance with that legislation.
if the request is from the country of conviction, as if the person to whom the request relates were alleged to be unlawfully at large from a prison in that country; and
if it is from the country of imprisonment, as if he were alleged to have been convicted of a corresponding offence under the law of that country committed there,
A person shall not be returned under subsection (2)(b) above unless—
the offence was committed in the country of conviction; or
the offence was not committed there but was committed in circumstances in which he might be returned on a request made by the country of conviction.
In this section “the relevant legislation” means—
if the request is made by some person recognised as a diplomatic representative of a foreign state in the case of which the Extradition Act 1870 applies, the Extradition Acts 1870 to 1935 as they apply in the case of that state;
if it is made by some person recognised as a diplomatic representative of a foreign state as between whom and the United Kingdom extradition procedures under this Part of this Act are available, the following provisions of this Act, as they apply in the case of that state—
section 1(1) to (8); and
sections 2 to 17; and
if it is made by or on behalf of the Government of a designated Commonwealth country or the Governor of a United Kingdom dependency, the Fugitive Offenders Act 1967 as it applies in the case of that country or dependency.
Subject to the provisions of this section, sections 1 to 18 above shall extend to the Channel Islands and the Isle of Man, and shall have effect as if each of them were part of the United Kingdom.
Her Majesty may by Order in Council direct that any of the provisions mentioned in subsection (1) above shall, in its application to any of the said islands, have effect subject to such exceptions, adaptations or modifications as may be specified in the Order.
Upon the making of an Order in Council under section 2 above, the provisions of this Act specified in subsection (2) below shall, unless the Order otherwise provides, extend to every colony, as regards the extradition arrangements to which the Order refers, but subject—
to the modifications set out in subsections (3) to (6) below; (b) to any further modifications as to procedure prescribed by the law of the colony; and
to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.
The provisions of this Act mentioned in subsection (1) above are—
section 1(1) to (8);
sections 3 to 10;
sections 12 to 18; and
this section.
A reference to the colony shall be substituted for any reference to the United Kingdom or Great Britain.
An extradition request may be made to the Governor and the Governor may exercise the powers of the Secretary of State.
A reference to a consular representative recognised by the Governor shall be substituted for the reference in section 4(1) above to a diplomatic representative recognised by the Secretary of State.
Any reference to a magistrate, judge or court shall be construed as a reference to such judicial authority as the law of the colony may provide.
Her Majesty may by Order in Council direct that in any colony specified in the Order—
the Extradition Act 1870 shall have effect with the amendments made by this Act; and
the Fugitive Offenders Act 1967 shall have effect with the amendments and repeals so made.
Her Majesty may by Order in Council direct that this section shall extend to any colony specified in the Order in the case of foreign states with whom there are no general extradition arrangements, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.
Where arrangements have been made in respect of a person under which extradition procedures under this Part of this Act will be available as between a colony to which this section applies and a foreign state, such extradition procedures shall be available in the case of that person, as between the colony and the state with whom the arrangements have been made, subject—
to the modifications of the provisions of this Act specified in subsection (2) of section 20 above set out in subsections (3) to (6) of that section;
to any further modifications as to procedure prescribed by the law of the colony; and
to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.
The provisions of this Act mentioned in section 20(2)(a) to (c) above shall extend to the colony so far as is necessary for the purposes of the arrangements.
If the governor or the Secretary of State issues a certificate— it shall be conclusive evidence of all matters stated in it.
that such arrangements have been made; and
that extradition procedures are available in the case of the person named in the certificate as between the colony and the foreign state to the extent specified in the certificate,
Schedule 1 to the Suppression of Terrorism Act 1978 shall be amended as follows.
The following sub-paragraph shall be inserted before paragraph 8(a)—.
The following shall be inserted after paragraph 9—.
The following shall be inserted after paragraph 13—.
The following shall be added at the end—.
“external confiscation order” means an order made by a court in a designated country for the purpose—
to subsection (4) below; and
heritable realisable property in Scotland affected by a restraint order registered under section 90 above (whether such property generally or particular such property) grant warrant for inhibition against any person with an interest in that property;
torture;
to paragraph 1A of Schedule 2 to the Criminal Appeal Act 1968 (evidence given orally at original trial to be given orally at retrial); . . .
moveable realisable property so affected (whether such property generally or particular such property) grant warrant for arrestment if the property would be arrestable were the person entitled to it a debtor;
attempted torture;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
counselling, procuring, commanding, aiding or abetting torture; and
being accessory before or after the fact to torture.
a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—
the requirements of one of the paragraphs of subsection (2) below are satisfied; or
In section 3(3) (restrictions on surrender) after the word “otherwise” there shall be inserted the words “, or unless an order is made for the charge in respect of the offence to lie on the file”.
The following section shall be inserted after section 11—.
In section 26, in the definition of “police magistrate”, for the words from “a” to the end there shall be substituted the words “the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated by the Lord Chancellor for the purposes of this Act and the Acts that may be cited together with it as the Extradition Acts 1870 to 1935”.
There shall be included in the list of extradition crimes contained in Schedule 1—
any offence under the Company Securities (Insider Dealing) Act 1985; and
offences under section 24 of the Drug Trafficking Offences Act 1986 (assisting another to retain the benefit of drug trafficking).
The following section shall be inserted after section 2—.
The following section shall be substituted for section 3—.
Section 4 (general restrictions on return) shall be amended as follows. The following paragraph shall be inserted after paragraph (a) of subsection (1)—. In subsection (3)— The following subsections shall be inserted after that subsection—.
The following subsections shall be substituted for subsection (2) of section 5 (authority to proceed)—. The following subsection shall be added at the end of that section—.
In subsection (1)(a) of section 6 (arrest for purposes of committal) for the words “a metropolitan stipendiary magistrate or by” there shall be substituted the words—.
In subsection (1) of section 7 (proceedings for committal) for the words “a metropolitan stipendiary magistrate” there shall be substituted the words “the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated as mentioned in section 6(1)(a) above”. the court, unless his committal is prohibited by any other provision of this Act, shall commit him in custody or on bail—
The following section shall be inserted after section 7—.
Section 8 (application for habeas corpus etc.) shall be amended as follows. The words “to custody” shall be omitted from subsections (1) and (2). The following words shall be substituted for the words in subsection (3) from the beginning to “the court”, in the second place where those words occur—. In subsection (5), for the words from “until” to the end there shall be substituted the words “(unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal”. The following subsections shall be inserted after that subsection—.
Section 9 (order for return to requesting country) shall be amended as follows. In subsection (1) for the words “to await his return” there shall be substituted the words “under section 7 of this Act”. In paragraph (b) of subsection (2), after the word “withdrawn” there shall be inserted the words “or unless an order is made for it to lie on the file”. The following subsection shall be inserted after that subsection—.
In subsection (1) of section 10 (discharge in case of delay in returning) for the words from “to” to “Act”, in the first place where it occurs, there shall be substituted the words “under section 7 of this Act is still in the United Kingdom”.
The following paragraph shall be substituted for subsection (2)(b) of section 14 (restriction upon proceedings)—.
In subsection (1) of section 16 (application to Channel Islands and Isle of Man) the words “(except for purposes of the references to the United Kingdom in section 3)” shall cease to have effect.
“warrant”, in the case of any country, includes any judicial document authorising the arrest of a person accused or convicted of an offence.
the requirements of subsection (3) below are satisfied.
Where a statement is admitted as evidence in criminal proceedings by virtue of Part II of this Act—
any evidence which, if the person making the statement had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings;
evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party; and
evidence tending to prove that that person, whether before or after making the statement, made (whether orally or not) some other statement which is inconsistent with it shall be admissible for the purpose of showing that he has contradicted himself.
A statement which is given in evidence by virtue of Part II of this Act shall not be capable of corroborating evidence given by the person making it.
In estimating the weight, if any, to be attached to such a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to its accuracy or otherwise.
Without prejudice to the generality of any enactment conferring power to make them, Criminal Procedure Rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of Part II of this Act.
Crown Court Rules;
Criminal Appeal Rules; and
rules under section 144 of the Magistrates' Courts Act 1980,
Expressions used in Part II of this Act and in Part I of the Civil Evidence Act 1968 are to be construed in Part II of this Act in accordance with section 10 of that Act.
In Part II of this Act “confession has the meaning assigned to it by section 82 of the Police and Criminal Evidence Act 1984.
Section 36.
Notice of an application for leave to refer a case to the Court of Appeal under section 36 above shall be given within 28 days from the day on which the sentence, or the last of the sentences, in the case was passed ; but in England and Wales this is subject to sub-paragraphs (2) and (5). Where— notice of an application for leave to refer the case in question to the Court of Appeal under section 36 may be given within 14 days from the day on which the request is received. For the purposes of this Part, a certificate of the Attorney General as to the date on which a request to review the sentencing of a person was received is conclusive evidence of that fact. Where more than one request to review the sentencing of a person is received, references in sub-paragraphs (2) and (3) to a request are to the first request that is received.
If the registrar of criminal appeals is given notice of a reference or application to the Court of Appeal under section 36 above, he shall—
take all necessary steps for obtaining a hearing of the reference or application; and
obtain and lay before the Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the reference or application.
Rules of court may enable a person to whose sentencing such a reference or application relates to obtain from the registrar any documents or things, including copies or reproductions of documents, required for the reference or application and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.
An application to the Court of Appeal for leave to refer a case to the Supreme Court under section 36(5) above shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review of the case; and an application to the Supreme Court for leave shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review or refuse leave to refer the case to the Supreme Court .
The time during which a person whose case has been referred for review under section 36 above is in custody pending its review and pending any reference to the Supreme Court under subsection (5) of that section shall be reckoned as part of the term of any sentence to which he is for the time being subject.
Except as provided by paragraphs 7 and 8 below, a person whose sentencing is the subject of a reference to the Court of Appeal under section 36 above shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.
A person in custody shall not be entitled to be present— unless the Court of Appeal give him leave to be present.
on an application by the Attorney General for leave to refer a case; or
on any proceedings preliminary or incidental to a reference,
The power of the Court of Appeal to pass sentence on a person may be exercised although he is not present.
A person whose sentencing is the subject of a reference to the Supreme Court under section 36(5) above and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any proceeding preliminary or incidental thereto except where an order of the Supreme Court authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.
The term of any sentence passed by the Court of Appeal or Supreme Court under section 36 above shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceeding in relation to which the reference was made.
Where on a reference to the Court of Appeal under section 36 above or a reference to the the Supreme Court under subsection (5) of that section the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to the Court of Appeal or the Supreme Court , he shall be entitled ... to the payment out of central funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, under Supreme Court Rules . Sub-paragraph (1) has effect subject to— A person is not entitled under sub-paragraph (1) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal. Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to funds payable out of central funds under sub-paragraph (1) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.
In the application of this Schedule to Northern Ireland—
any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland;
any reference (except in paragraph 11(1)) to the registrar of criminal appeals shall be construed as a reference to the Master (Queen’s Bench and Appeals);
the reference in paragraph 11(1) to central funds shall be construed as a reference to money provided by Parliament;
the reference in paragraph 11(1) to the registrar of criminal appeals shall be construed as a reference to the Master (Taxing Office);
paragraph 1 has effect as if sub-paragraphs (2) to (5) were omitted;
paragraph 11 has effect as if sub-paragraphs (2) to (4) were omitted.
Section 71.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order made by statutory instrument amend Part I of this Schedule by removing any offence from or adding any offence to the offences listed in it.
A statutory instrument containing an order under paragraph 1 above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Drug Trafficking Offences Act 1986 shall be amended as follows.
In section 7 (cases in which restraint orders and charging orders may be made)—
in subsection (2)(a) for the words from “an" to “committed" there shall be substituted the words “whether by the laying of an information or otherwise, a person is to be charged with"; and
in subsection (4), for the words “the proposed proceedings are not instituted" there shall be substituted the words “proceedings in respect of the offence are not instituted (whether by the laying of an information or otherwise)".
The following subsection shall be inserted after subsection (5) of section 8 (restraint orders)—. The following subsections shall be added at the end of that section—.
The following paragraphs shall be substituted for subsection (3)(a) and (b) of section 9 (charging orders in respect of land, securities etc.)—. The following subsection shall be added at the end of that section—.
Subsection (1) of section 10 of that Act (charging orders: supplementary provisions) shall cease to have effect.
Section 12 (application of proceeds of realisation and other sums) shall be amended as follows. In subsection (1), after the word “shall" there shall be inserted the words “first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 17A(2) of this Act and then shall,". In subsection (3), for the words from “sum", in the second place where it occurs, to “balance" there shall be substituted the wordsjustices’ clerk shall apply the money received for the purposes specified in this section and in the order so specified. .
In section 15 (bankruptcy of defendant etc.)—
subsection (5)(b) and (c) shall cease to have effect; and
the following paragraph shall be substituted for subsection (7)(d)—.
Section 16 (sequestration in Scotland of defendant etc.) shall be amended as follows. At the end of subsection (2) there shall be inserted the words “and it shall not be competent to submit a claim in relation to the confiscation order to the permanent trustee in accordance with section 48 of that Act". The following subsection shall be substituted for subsection (5)—.
In subsection (1) of section 17 (winding up of company holding realisable property) the words from “but" to the end shall cease to have effect.
The following section shall be inserted after that section—.
In subsection (2) of section 18 (receivers: supplementary provisions) for “(3)(a)" there shall be substituted “(3B)".
In section 19 (compensation)—
in paragraph (b)(i) of subsection (1), the words “(and no conviction for any drug trafficking offence is substituted)" shall cease to have effect;
at the end of that subsection there shall be added the words “if, having regard to all the circumstances, it considers it appropriate to make such an order";
in subsection (2)— shall cease to have effect; and
the words “and that, but for that default, the proceedings would not have been instituted or continued,"; and
in paragraph (b), the word “substantial",
the following subsection shall be inserted after that subsection—.
The following paragraph shall be substituted for subsection (1)(d) of section 25 (enforcement of Northern Ireland orders)—. In subsection (3) of that section the words “varying or revoking a previous Order in Council" shall cease to have effect.
The following sections shall be substituted for section 26—.
The following subsections shall be substituted for subsections (12) and (13) of section 38 (general interpretation)—
In section 40(4) (effect of Act in Scotland), in paragraph (b), for “17" there shall be substituted “17A".
The Criminal Justice (Scotland) Act 1987 shall be amended as follows.
In section 1 (confiscation orders) in paragraph (b) of subsection (2) after the words “restriction on importation" there shall be inserted the words “and exportation".
In subsection (6)(a) of section 11 (which applies the provisions of that section to restraint orders under the Drug Trafficking Offences Act 1986 registered in Scotland) after the word “information" there shall be inserted the words “in respect of the charge".
In subsection (3) of section 16 (application of proceeds of realisation and other sums) for the words from “sum", in the second place where it occurs, to “applied", in the third place where it occurs, there shall be substituted the wordssheriff clerk shall apply the money received— .
In section 34(6)(d) (bankruptcy in England and Wales of person holding realisable property) for the words “subsections (2)(b) and (4) are" there shall be substituted the words “subsection (2)(b) is".
In subsection (5) of section 38 (order to permit entry to premises) after the word “constable" there shall be inserted the words “or person commissioned as aforesaid".
The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.
The Board shall consist of such number of members as the Secretary of State thinks fit to appoint, and he may appoint one of them as chairman. A person may only be appointed to be a member of the Board if he is a barrister practising in England and Wales, an advocate practising in Scotland,a solicitor practising in England and Wales or Scotland or a person who holds or has held judicial office in England and Wales or Scotland. Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or chairman of the Board in accordance with the terms of his appointment. A person shall not hold office as a member of the Board for more than five years under any one appointment, but a person who ceases to be a member shall be eligible for reappointment. A person shall vacate office as a member of the Board— unless the Secretary of State considers that it is in the interests of the efficient operation of the compensation scheme that he should continue to hold office. A person may at any time resign his office as a member or as chairman of the Board by giving the Secretary of State notice in writing to that effect. Subject to sub-paragraph (8) below, the Secretary of State may at any time remove a person from office as a member of the Board if satisfied that— The power conferred by sub-paragraph (7) above shall only be exercisable—
The Board shall pay to its members such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine. In the case of any such member or former member of the Board as the Secretary of State may, with the approval of the Treasury, determine, the Board shall pay, or make arrangements for the payment of, such pension, allowance or gratuity to, or in respect of, him as may be so determined.
Where a person ceases to hold office as a member of or as chairman of the Board otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, direct the Board to make to that person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.
The Board may, after consultation with the Secretary of State, appoint such officers and servants as the Board think fit, subject to the approval of the Treasury as to numbers and as to remuneration and other terms and conditions of service.
Criminal Injuries Compensation Board
Any expenses incurred by the Board in discharging their functions shall be defrayed by the Secretary of State.
The validity of any proceedings of the Board shall not be affected by any defect in the appointment of a member.
The Board shall— The statement of accounts prepared by the Board for each financial year shall be submitted to the Secretary of State at such time as he shall, with the approval of the Treasury, direct. The Secretary of State shall, on or before 30th November in any year, send to the Comptroller and Auditor General the statement of accounts prepared by the Board under sub-paragraph (1) above for the financial year last ended. The Comptroller and Auditor General shall examine, certify and report on the statement of accounts sent to him under sub-paragraph (3) above and shall lay copies of the statement and of his report before each House of Parliament. In this Schedule “financial year” means the period beginning with the day on which this Schedule comes into force and ending with 31st March following that day and each successive period of 12 months.
As soon as possible after the end of each financial year the Board shall make a report to the Secretary of State on the operation of the scheme and the discharge of their functions during that year. The Secretary of State shall lay before each House of Parliament a copy of every report made by the Board under this paragraph.
The Board shall provide the Secretary of State with such information relating to their administration of the scheme as he may from time to time require and for that purpose shall permit any person authorised in that behalf by the Secretary of State to inspect and make copies of their accounts, books, documents or papers and shall afford to that person such explanation thereof as he may reasonably require.
The Secretary of State may give to the Board such directions as he thinks fit as to the financial and management systems and procedures to be adopted by the Board; and the Board shall give effect to any such directions.
The Board shall not award compensation to a person unless, in addition to any other conditions relating to it being satisfied, he has made a claim for it in the prescribed manner. In this Schedule “prescribed” means prescribed by rules under paragraph 14 below.
Unless the circumstances appear to them to be exceptional—
in a case where the Board have not previously awarded compensation in respect of an injury they shall not determine a claim in respect of it which is made after the end of three years from the date of the incident giving rise to the injury; and
in a case where they have previously awarded compensation in respect of an injury, they shall not determine any further claim in respect of it which is made after the end of three years beginning with the date of the notice under paragraph 6(2) below relating to the award, or latest award, of compensation in respect of the injury.
If the Board shall determine the claim whenever it is made.
the Board—
have previously awarded compensation in respect of an injury; and
stated at the time of a previous award that the evidence before them showed that a particular medical condition might arise in the future as a result of the injury; and
a claim is made in respect of such a condition,
The Secretary of State shall make rules of procedure in relation to claims for compensation. Without prejudice to the generality of sub-paragraph (1) above rules under this paragraph may in particular— Rules under this paragraph may make different provision for different descriptions of cases. Rules under this paragraph shall be made by statutory instrument. A statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where a claimant is aggrieved by the determination of a claim which was determined without a hearing, he may question the determination by applying to the Board for the claim to be reconsidered after a hearing. A claimant may not make an application under this paragraph if, as part of their determination, the Board have certified that in their opinion no prima facie case for an award of compensation was disclosed by his application. An application under this paragraph— The Board may refuse an application under this paragraph if they are of the opinion that there is sufficient reason to do so and, if the claimant so requires, shall give him a certificate that the application has been refused. Where the Board refuse an application for the reconsideration of a claim determined without a hearing in accordance with the law of England and Wales, the High Court, on the application of the claimant, may make an order of mandamus requiring the Board to reconsider his claim after a hearing. Where the Board refuse an application for the reconsideration of a claim determined without a hearing in accordance with the law of Scotland, the Court of Session, on the application of the claimant, may direct the Board to reconsider the claim after a hearing.
Except in prescribed cases, compensation, whether on an interim or a final award, shall be paid in a lump sum. It shall be the duty of the Board to give a claimant written notice of the amount of an award. A claimant shall not be entitled to a payment unless the Board have received from him written notice to the effect that he has received a notice under sub-paragraph (2) above and accepts the amount of compensation specified in the notice as the proper amount.
The Board may only defer the determination of a claim on the ground that criminal proceedings are current if they consider that the proceedings are likely to be material to their determination of the claim. Where the Board are satisfied that a claimant is qualified for an award of compensation but do not have all the information they need to assess the amount of the award, they may defer the determination of the claim for such reasonable period as may be appropriate to allow them to obtain that information. Where the Board are satisfied that a claimant is qualified for an award of compensation but have reason to believe that he may become entitled to an award of compensation under the scheme established by the Criminal Injuries (Compensation) (Northern Ireland) Order 1988, or any order replacing that Order, or under any similar scheme established in any other country or territory, they may defer the determination of his claim for such reasonable period as may be appropriate in order to establish whether he will become entitled to such an award and, if he will, the amount of the award.
Subject to the provisions of this Part of this Act, a claim for compensation under any of the heads specified in section 111 above is to be determined, and the amount of any compensation which falls to be assessed under any of those heads is to be assessed, in accordance with the rules of the law of England and Wales or the law of Scotland (including rules contained in Acts of Parliament but not including rules allowing a plaintiff or pursuer aggravated damages or interest) in accordance with which a claim in tort or delict arising out of the same facts for damages under a corresponding head would fall to be determined.
In assessing compensation no account shall be taken of any expenses incurred in respect of private medical treatment unless the Board are satisfied that such treatment is or was essential; and where the Board are so satisfied in relation to any such treatment, compensation for the expenses incurred in respect of that treatment shall not exceed a reasonable amount.
For the purposes of assessing compensation payable under this Part of this Act, the earning capacity of the person who sustained the injury to which the claim in question relates shall be taken not to be or to have been in excess of one-and-a-half times the gross average industrial wage. For the purposes of this paragraph the gross average industrial wage shall be taken to be whatever sum is specified by the Secretary of State by order as being the gross average industrial wage; and the Secretary of State shall cause any order specifying such a sum to be published in such manner as he thinks fit. The Secretary of State may by order amend sub-paragraph (1) above by varying the multiplier for the time being specified in that sub-paragraph. An order under sub-paragraph (2) above shall be made by statutory instrument. A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Compensation, other than compensation in respect of funeral expenses, shall be assessed on the basis that the loss to be compensated is reduced by the value of any entitlement to benefits which the claimant has in consequence of the injury to which the claim relates or, as the case may be, the death of the person who sustained that injury. In this paragraph— In calculating for the purposes of this paragraph the value of any entitlement to benefits regard shall be had— In the case of a claim by the surviving spouse of a person who died as a result of having sustained the injury to which the claim relates, no account shall be taken of any re-marriage of his or of his prospect of re-marriage in calculating for the purposes of this paragraph the value of the surviving spouse’s entitlement to social security benefits.
Compensation payable, other than compensation in respect of funeral expenses, shall be assessed on the basis that the loss to be compensated is reduced by the value of any pension rights, other than private pension rights, which— In assessing the value of any pension rights for the purposes of this paragraph, regard shall be had to any likelihood that present or future liability to income tax may reduce their value. In this Schedule “private pension rights” means rights arising under pension arrangements for which no person wholly or partly pays except— For the purposes of this paragraph “pension rights” includes sums paid under insurance arrangements, other than private insurance arrangements, and gratuities.
Where the Board are satisfied that, by virtue of— a claimant has received any payment which compensates him for any loss in respect of which compensation is payable to him under this Part of this Act, the compensation so payable to him shall be assessed on the basis that that loss is reduced by the amount of that payment.
a judgment or decree in, or the settlement of, any action for damages; or
any order under section 35 (compensation orders against convicted persons) or section 43A (payment of the proceeds of forfeited property to a person suffering personal injury, loss or damage as the result of an offence) of the of Criminal Courts Act 1973 or section 98 of the Criminal Justice (Scotland) Act 1980 (compensation orders against convicted persons),
The Secretary of State may by rules— Rules under this paragraph may make different provision for different descriptions of cases. Rules under this paragraph shall be made by statutory instrument. A statutory instrument containing any such rules shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 123.
In any enactment for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution.
In any enactment except— for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution.
section 21 of the Firearms Act 1968;
Schedule 1 to the Juries Act 1974;
section 5 of the Rehabilitation of Offenders Act 1974; and
section 17(3) of the Criminal Justice Act 1982,
In any enactment except— for a reference to a sentence of Borstal training there shall be substituted a reference to a sentence of detention in a young offender institution. In any enactment for a reference to a Borstal institution there shall be substituted a reference to a young offender institution.
In subsection (6) – (each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (a)—
of section 71AA of the Army Act 1955 and the Air Force Act 1955; and
of section 43AA of the Naval Discipline Act 1957,
In sub-paragraph (6) of paragraph 10— (each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (a)—
of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and
of Schedule 4A to the Naval Discipline Act 1957,
In section 21(1) and (2) of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime) after the words “youth custody" there shall be inserted the words “or detention in a young offender institution".
In section 13(7)(a)(ii) of the Employment Agencies Act 1973 for the words from “prison" to “institution", in the second place where it occurs, there shall be substituted the words “custodial sentence passed by a criminal court in the United Kingdom, the Channel Islands or the Isle of Man;".
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In section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods) the words “detention in a young offender institution" shall be inserted—
in subsection (1)(b), after the words “youth custody"; and
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The following paragraph shall be inserted after paragraph (b) of section 17(3) of the Criminal Justice Act 1982 (restrictions on making attendance centre orders)—.
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under section 71AA of the Army Act 1955, section 71AA of the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or
under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A of the Naval Discipline Act 1957; or
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to a licence under section 60 of the Criminal Justice Act 1967 granted for his release from a youth custody sentence; or
to supervision by virtue of section 15 of the Criminal Justice Act 1982,
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Section 124.
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In subsection (6)— (each of which is concerned with the making of custodial orders against young Service offenders) the following paragraph shall be substituted for paragraph (b)— .
of section 71AA of the Army Act 1955 and the Air Force Act 1955; and
of section 43AA of the Naval Discipline Act 1957,
In sub-paragraph (6) of paragraph 10— (each of which is concerned with the making of custodial orders against young civilian offenders) the following paragraph shall be substituted for paragraph (b)— .
of Schedule 5A to the Army Act 1955 and the Air Force Act 1955; and
of Schedule 4A to the Naval Discipline Act 1957,
In paragraph (b) of Part II (Persons Disqualified) of Schedule I to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 in sub-paragraph (i) for the words “or detention" there shall be substituted the words “detention or youth custody".
In section 41(2)(b)(ii) of the Criminal Justice (Scotland) Act 1980 after the words “detention in a" there shall be inserted the words “young offender institution or.".
An Offender who was ordered to be detained in a detention centre on a date before the commencement of section 124(1) of this Act shall, if the order has not expired at the commencement of that section, be treated for all purposes of detention, release and supervision as if he had been sentenced to detention for the like term in a young offenders institution.
A person who at the commencement of section 124 of this Act is detained in a detention centre by virtue of a custodial order— shall be detained in such young offenders institution as the Secretary of State may direct, and any enactment applying to persons detained in young offenders institutions shall apply to a person so detained under this paragraph.
under section 71 AA of the Army Act 1955, section 71AA of the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957; or
under paragraph 10 of Schedule 5A to the Army Act 1955, Schedule 5A to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957,
Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods) shall continue to apply as regards any person who, before the commencement of section 124(1) of this Act, had served a sentence of detention in a detention centre as if the said section 124(1) had not been commenced.
The amendments of the Children and Young Persons Act 1969 mentioned in section 128(2) above are— the substitution of references to section 12A(3) for the references to section 12(3C) in . . . section 18(4) and section 19(1)(b) and (13); the substitution of references to section 12B(1) for the references to section 12(4) in . . . section 16(6)(c) and (7); and the insertion of “, 12A, 12B or 12C" after “section 12" in . . . section 16(5)(b) and (c) and (6)(a).
the substitution of references to section 12A(3) for the references to section 12(3C) in section 15(1), section 18(4) and section 19(1)(b) and (13);
the substitution of references to section 12B(1) for the references to section 12(4) in section 15(1) and (5) and section 16(6)(c) and (7); and
the insertion of “, 12A, 12B or 12C” after “section 12” in section 15(1)(a) and section 16(5)(b) and (c) and (6)(a).
Schedule 3 to the Powers of Criminal Courts Act 1973 shall be amended as follows.
In paragraph 4—
in sub-paragraph (1), for the word “For" there shall be substituted the words “Subject to sub-paragraph (1A) below, for";
the following sub-paragraph shall be inserted after that sub-paragraph—; and
the following sub-paragraph shall be inserted after sub-paragraph (3)—.
The following paragraphs shall be inserted after paragraph 6—.
Paragraph 7 shall cease to have effect.
The following paragraph shall be substituted for paragraph 10(3)(a)—.
The following paragraph shall be inserted after paragraph 18(1)(a)—.
In paragraph (l) of section 12(2) of the Local Government Finance Act 1982 (bodies whose accounts are subject to audit by Audit Commission), after the word “committee" there shall be inserted the words “, except the committee for the inner London area.".
Section 133.
A person may only be appointed to be an assessor for the purposes of section 133 above if he is—
a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
an advocate or solicitor in Scotland;
a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing; or
a person who holds or has held judicial office in any part of the United Kingdom; or
a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
A person shall vacate office as an assessor— unless the Secretary of State considers that it is in the interests of the efficient operation of section 133 above that he should continue to hold office.
if he ceases to be qualified for appointment as an assessor; or
on attaining the age of 72;
A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.
Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—
he has been convicted of a criminal offence;
he has become bankrupt or has had his estate sequestrated or has made an arrangement with, or granted a trust deed for, his creditors;
he is incapacitated by physical or mental illness; or
a debt relief order (under Part 7A of the Insolvency Act 1986) has been made in respect of him;
he is otherwise unable or unfit to perform his duties.
he has become the subject of a bankruptcy restrictions order under Schedule 2A to the Insolvency (Northern Ireland) Order 1989
debt relief order (under Part 7A of the Insolvency (Northern Ireland) Order 1989) has been made in respect of him;
he has become the subject of a debt relief restrictions order (under Part 7A of the Insolvency (Northern Ireland) Order 1989);
The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph. In the case of a person who qualifies for appointment under— that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales. In the case of a person who qualifies for appointment under— that power shall only be exercisable with the consent of the Lord President of the Court of Session. In the case of a person who qualifies for appointment under— that power shall only be exercisable with the consent of the ... Lord Chief Justice of Northern Ireland.
in the case of a person who practises or has practised as a barrister or solicitor in England and Wales or Northern Ireland or who holds or has held judicial office in any of those parts of the United Kingdom, with the consent of the Lord Chancellor; and
in the case of a person who practises or has practised as an advocate or solicitor in Scotland or who holds or has held judicial office there, with the consent of the Lord President of the Court of Session.
An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.
In relation to an assessor appointed by the Department of Justice in Northern Ireland, in this Schedule—
references to the Secretary of State are to be read as references to the Department of Justice;
references to the Treasury are to be read as references to the Department of Finance and Personnel in Northern Ireland.
Section 146.
In this Schedule—
Court Martial rules within the meaning of the Armed Forces Act 2006;
SCC rules within the meaning of that Act; and
rules under section 49 of the Court Martial Appeals Act 1968;
the Court Martial;
the Service Civilian Court; and
the Court Martial Appeal Court.
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the reference to criminal proceedings in paragraph (a) includes summary proceedings under section 77 of the Army Act 1955, section 77 of the Air Force Act 1955 or section 49 of the Naval Discipline Act 1957; and
in paragraph (b) “criminal investigation” includes any investigation which may lead—
to proceedings before a court-martial or Standing Civilian Court; or
to summary proceedings such as are mentioned in sub-paragraph (a) above.
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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. An order under this paragraph may make different provision for different classes of case. 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. 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.
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of courts-martial constituted under the Army Act 1955 or the Air Force Act 1955; or
of courts-martial constituted under the Naval Discipline Act 1957 or disciplinary courts constituted under section 50 of that Act,
The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation— If an order is made under this paragraph— An order under this paragraph may provide that section 32(1), . . . or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides. The power to make an order conferred by 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. 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 for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph. In this paragraph “modifications” includes additions, omissions and amendments.
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This Schedule applies—
to an offence (whether at common law or under any enactment) specified in paragraph 2 below;
to an offence specified in paragraph 3 below;
to an offence not mentioned in either of those paragraphs—
for which a person of 21 years of age or over and of full capacity (not previously convicted) may be sentenced to imprisonment for a term of five years; and
which is serious for the purposes of this Schedule.
The offences mentioned in paragraph 1(a) above are—
treason;
murder;
manslaughter;
rape;
kidnapping;
incest with a girl under the age of 14;
buggery with—
a boy under the age of 16; or
a person who has not consented; and
indecent assault which constitutes an act of gross indecency.
The offences mentioned in paragraph 1(b) above are—
causing an explosion likely to endanger life or property contrary to section 2 of the Explosives Substances Act 1883;
intercourse with a girl under the age of 14 contrary to section 4 of the Criminal Law Amendment Act 1885;
causing death by reckless driving contrary to Article 139(1) of the Road Traffic (Northern Ireland) Order 1981;
the following offences against the Firearms (Northern Ireland) Order 1981—
possession of firearm with intent to injure contrary to Article 17;
use of firearm or imitation firearm to resist arrest contrary to Article 18(1); and
carrying firearm with criminal intent contrary to Article 19;
hostage-taking contrary to section 1 of the Taking of Hostages Act 1982;
hi-jacking contrary to section 1 of the Aviation Security Act 1982; and
torture contrary to section 134 above.
Subject to sub-paragraph (2) below, an offence not mentioned in paragraph 2 or 3 above is serious for the purposes of this Schedule only if its commission— An offence which consists of making a threat is serious for the purposes of this Schedule if carrying out the threat would be likely to lead to any of the consequences specified in sub-paragraph (3) below. The consequences mentioned in sub-paragraphs (1) and (2) above are— Loss is serious for the purposes of this Schedule if, having regard to all the circumstances, it is serious for the person who suffers it. In this paragraph “injury” includes any disease and any impairment of a person’s physical or mental condition.
A person arrested under section 12(1)(b) of the Prevention of Terrorism (Temporary Provisions) Act 1984 is to be treated for the purposes of this Schedule as having been arrested on suspicion of involvement in an offence to which this Schedule applies and any reference in the following provisions of this Schedule to such an offence includes a reference to being or having been concerned in the commission, preparation or instigation of acts of terrorism to which Part IV of that Act applies.
In this Schedule— A person is in police detention for the purposes of this Schedule if— and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.
An intimate sample may be taken from a person in police detention only— An officer may only give an authorisation if he has reasonable grounds— An officer may give an authorisation under sub-paragraph (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. The appropriate consent must be given in writing. The duty imposed by sub-paragraph (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved. If an intimate sample is taken from a person— shall be recorded in writing as soon as is practicable after the sample is taken. An intimate sample, other than a sample of urine, may only be taken from a person by a registered medical practitioner. Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence— may draw such inferences from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence against the person in relation to which the refusal is material. Nothing in this paragraph affects Articles 141 to 152 of the Road Traffic (Northern Ireland) Order 1981.
Except as provided by this paragraph, a non-intimate sample may not be taken from a person without the appropriate consent. Consent to the taking of a non-intimate sample must be given in writing. A non-intimate sample may be taken from a person without the appropriate consent if— An officer may only give an authorisation under sub-paragraph (3) above if he has reasonable grounds— An officer may give an authorisation under sub-paragraph (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. The duty imposed by sub-paragraph (6)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved. If a non-intimate sample is taken from a person by virtue of sub-paragraph (3) above— shall be recorded in writing as soon as is practicable after the sample is taken.
If— it must be destroyed as soon as is practicable after the conclusion of the proceedings. If— it must be destroyed as soon as is practicable after that decision is taken. If— it must be destroyed as soon as it has fulfilled the purpose for which it was taken. Proceedings which are discontinued are to be treated as concluded for the purpose of this paragraph. Nothing in this paragraph—
Section 170.
Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.
The Offences against the Person Act 1861 shall be amended as follows.
There shall be omitted from section 44 (certificates as to cases of assault or battery) the word “such", in the first place where it occurs, and the words “under either of the last two preceding sections,".
In section 45 (bars to further proceedings) for the words “in either of the last three preceding sections mentioned" there shall be substituted the words “is mentioned in section 44 of this Act".
Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.
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Common assault, or battery.
References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the Child Abduction Act 1984.
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The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952—.
In subsection (3) of that section, for the word “or" there shall be substituted the words “and a person aged 17 years or over may be detained in such a centre".
In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—
for each of the references in subsections (2) and (4) to section 43 of the Magistrates’ Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal Evidence Act l984; and
the following subsection shall be substituted for subsection (3)—.
In subsection (1) of section 12 of that Act, in the definition of “visiting force", after the words “United Kingdom", in the first place where they occur, there shall be inserted the words “(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,". The following subsection shall be inserted after that subsection—.
—In paragraphs 1(a) and 2(a) of the Schedule, after the word “rape," there shall be inserted the word “ , torture".
In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from “section 1" to “central funds)" there shall be substituted the words “sections 16(1) and 17(1) of the Prosecution of Offences Act 1985".
The Criminal Justice Act 1967 shall be amended as follows.
In section 62—
in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words “one year" there shall be substituted the words “the specified period"; and
the following subsection shall be inserted after that subsection—.
In subsection (6) of section 67 (computation of sentences) for “(1)" there shall be substituted “(1A)".
The Criminal Appeal Act 1968 shall be amended as follows.
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—
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In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after “9" there shall be inserted “(1)". The following subsections shall be inserted after that subsection—
The following subsection shall be substituted for subsection (4) of that section—.
The following section shall be inserted after section 18—.
In subsection (1) of section 19 (bail)—
in paragraph (b), the words “or paragraph (a) above” shall be inserted after “1981"; and
in paragraph (c), the words “either of those paragraphs” shall be substituted for the words “that paragraph".
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 wordsunder— .
The following section shall be substituted for section 30—
The following shall be substituted for the words in section 31 from the beginning of subsection (1) to “powers” in subsection (2)—.
The following subsection shall be inserted after subsection (2A) of that section—.
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—.
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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 wordsor .
In section 29 of that Act (recognisance on release of arrested child or young person) the words “he or" shall cease to have effect.
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in paragraph (c), the words “other than an order under section 35 of this Act;” shall cease to have effect; and
the following paragraph shall be inserted after that paragraph—.
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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".
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".
In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word “refusals" there shall be substituted the word “excusals".
In section 20(4) of that Act (offences) after the word “excusal" there shall be inserted the words “or deferral".
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.
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)".
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)—
after the word “is" there shall be inserted “(a)";
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.
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—
In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph—
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The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland). In section 5(1)(b), for the word “both" there shall be substituted the word “all". 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)".
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The following subsections shall be substituted for section 4(1) of that Act—.
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.)".
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In Schedule 1 to the Interpretation Act l978—
“The standard scale”, with reference to a fine or penalty for an offence triable only summarily,—
“Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,—
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".
The Protection of Children Act 1978 shall be amended as follows.
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". In subsection (2) of that section the words from “taken" to the end shall cease to have effect.
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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)".
The Magistrates’ Courts Act 1980 shall be amended as follows.
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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".
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".
In subsection (3A) of section 128 (remand in custody without accused being brought before court)— 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".
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)—.
The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.
The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—.
The following section shall be inserted after section 16—.
The following section shall be substituted for section 17—.
The following section shall be substituted for section 18—.
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". 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.".
The following paragraph shall be substituted for section 45(2)(d)—.
The following subsection shall be inserted after section 45(3)—.
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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)—.
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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)".
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The following subsections shall be substituted for section 5(1) of that Act—
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In subsection (3) of section 9, after the word “above” there shall be inserted the words “and of section 9A below”.
The following section shall be inserted after that section—.
The following subsections shall be substituted for section 39(1) of that Act—.
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)".
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".
CRIMINAL JUSTICE ACT 1988 (c. 33)
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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”.' The following subsection shall be inserted after that subsection—.
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,”.
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The following subsections shall be substituted for section 7(1) of that Act—
The Police and Criminal Evidence Act 1984 shall be amended as follows.
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In section 55(1) (intimate searches) for the words “such a search" there shall be substituted the words “an intimate search".
In section 65, in the definition of “intimate samples", for the word “orifice" there shall be substituted the word “orifices".
In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).
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The following paragraph shall be inserted after subsection (4)(a) of section 16 of the Prosecution of Offences Act 1985 (defence costs)—.
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after the words “Drug Trafficking Offences Act 1986” there shall be inserted the words “or by section 78(2) of the Criminal Justice Act 1988”;
after the words “(Scotland) Act 1987” there shall be inserted the words “, by section 71(9)(a) of the said Act of 1988”; and
after the words “Act of 1987” there shall be inserted the words “, by section 77(1) of the said Act of 1988”.
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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.
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The Criminal Justice Act 1987 shall be amended as follows.
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". In subsection (3) of that section—
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". The following subsection shall be inserted after that subsection— The following subsection shall be substituted for subsection (2)—. The following subsection shall be inserted after subsection (9)— “relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.
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".
In paragraph 6(1) of Schedule 1, for “(4)" there shall be substituted “(5)".
(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. (2) In subsection (1) 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.": (3) In subsection (2)— 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 for the word “class" there shall be substituted the word “description". (4) In subsection (5) after the word “him" there shall be inserted “(a)" and at the end of the subsection there shall be added the words “; or (b)in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.”.
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". 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". 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,".
Section 170. 7 Geo. 4. c. 24. Criminal Law Act 1826. Section 30. 24 & 25 Vict. c. 100. Offences against the Person Act 1861. Sections 42 and 43. In section 44, the word “such, in the first place where it occurs, and the words “under either of the last two preceding sections. Section 46. In section 47, the words from “and to the end. 6 & 7 Geo. 5. c. 64. Prevention of Corruption Act 1916. Sections 1 and 3. 15 & 16 Geo. 5. c. 86. Criminal Justice Act 1925. Section 39. 23 & 24 Geo. 5. c. 12. Children and Young Persons Act 1933. Section 1(5) and (6). In section 38(1), the proviso. In Schedule 1, in the third paragraph, the words “forty-two, forty-three. 1 Edw. 8. & 1 Geo. 6. c. 37. Children and Young Persons (Scotland) Act 1937. Section 12(5) and (6). 15 & 16 Geo. 6. and 1 Eliz. 2. c. 52. Prison Act 1952. Section 43(1)(b) and (c). 1952 c. 61. Prisons (Scotland) Act 1952. In section 31(1), paragraph (b). In section 31(3), the words “detention c entre. In section 31(4), the words “detention centres wherever they occur. In section 34, the words “or a detention centre. In section 35(1), the words “detentio n centres. In section 37(1), the words “or detention centre. In section 37(2), the words “or detention centre wherever they occur. 9 & 10 Eliz. 2. c. 39. Criminal Justice Act 1961. Section 2. 1967 c. 68. Fugitive Offenders Act 1967. In section 8(1) and (2), the words “to custody. In section 11(1), the words “in respect of a person in custody thereunder. In section 16(1), the words “(except for purposes of the references to the United Kingdom in section 3). Schedule 1. 1967 c. 80. Criminal Justice Act 1967. Section 49. In Schedule 3, Part I, the entry relating to the Prevention of Corruption Act 1906. 1968 c. 19. Criminal Appeal Act 1968. In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act. Section 10(3)(d). Section 42. 1968 c. 27. Firearms Act 1968. In section 21(2), the words “to borstal training, to corrective training for less than three years or. In section 52(1)(a), the words “preventive detention, corrective training, borstal training,. 1969 c. 12. Genocide Act 1969. Section 2(1)(b) and the word “and immediately preceding it. In section 3(1), the words “and sections 16 and 17 of the Fugitive Offenders Act 1967. l969 c. 54. Children and Young Persons Act l969. In section 16(10), the words from “and the provisions to the end. Section 22(5). In section 29, the words “he or. Section 34(1)(f) In section 60, subsection (1)(b) and the word “and immediately preceding it, and in subsection (2), the words “or section 16(2) or 17 of the said Act of 1967. . . .. . . . . . .. 1971 c. 40. Fire Precautions Act 1971. In section 40(2)(b), the words “detention centre. 1972 c. 20. Road Traffic Act 1972. In section 100, the words “or attempting to drive. 1972 c. 71. Criminal Justice Act 1972. Section 28(3). In Schedule 5, the amendment of the Criminal Appeal Act l968. 1973 c. 14. Costs in Criminal Cases Act 1973. In Schedule 1, paragraph 3. 1973 c. 62. Powers of Criminal Courts Act 1973. Section 22(5). In section 34A(1)(c), the words “other than an order under section 35 of this Act.' Sections 39 and 40. In section 57(3), the definition of “detention centre. In Schedule 3, paragraph 2(4)(b) and the word “and immediately preceding it, and paragraph 7. In Schedule 5, paragraph 29. 1974 c. 23. Juries Act 1974. In section 12(1)(a), the words “not more than three jurors without cause and. In section 16(2), the words “for murde r or. 1976 c. 82. Sexual Offences (Amendment) Act 1976. In section 4, in subsection (3), the words “before the Crown Court at which a person is charged with a rape offence and “relating to the complainant, and subsection (7)(a). In section 5(6), the words from the beginning to “and, in the second place where it occurs. Section 6. In section 7, in subsection (4), the words “and 6(4)(b), in subsection (5), the words “and 6 and in subsection (6), the words “and section 6(1) as adapted by section 6(4)(b). 1977 c. 45. Criminal Law Act 1977. Section 43. In Schedule 5, paragraph 2, so far as relating to section 99(b) of the Road Traffic Act 1972. In Schedule 6, the entry relating to the Offences against the Person Act 1861. In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 4(b) and (c). 1978 c. 26. Suppression of Terrorism Act 1978. Section 3(2). 1978 c. 31. Theft Act 1978. In section 5(3) the words from “and to the end. 1978 c. 37. Protection of Children Act 1978. In section 1(6), paragraph (b) and the word “and immediately preceding it and the words “and sections 16 and 17 of the 1967 Act. In section 4(2), the words from “taken to the end. In section 5(2), the words from “taken to “distributed or shown,. 1980 c. 9. Reserve Forces Act 1980. In Schedule 1, paragraph 5(c)(ii) and the word “or immediately preceding it. 1980 c. 43. Magistrates’ Courts Act 1980. Section 22(7). Section 32(7). Section 134. In section 143, subsection (2)(l) to (n), subsections (4) and (5) and in subsection (6) the words “or (4). In Schedule 1, in paragraph 5(h), the words “— common assault. 1982 c. 16. Civil Aviation Act 1982. Section 93(3). 1982 c. 28. Taking of Hostages Act 1982. In section 3, subsection (1)(b) and the word “and immediately preceding it and subsections (3) and (5). 1982 c. 36. Aviation Security Act 1982. In section 9, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (3). 1982 c. 48. Criminal Justice Act 1982. Sections 4 to 7. Section 12(1) to (5), (8) and (9). Section 14. Section 20(1). In section 43, the words from “and, in the case to “thereof and the words from “(but to the end of the section. Sections 74 and 75. In section 80(1), the words “section 74; section 75;. In Schedule 8, paragraphs 3(c) and 7(d). 1983 c. 18. Nuclear Material (Offences) Act 1983. In section 5, subsection (1)(b) and the word “and immediately preceding it, and subsections (2) and (4). 1984 c. 39. Video Recordings Act 1984. Section 15(2), (4) and (5). 1984 c. 46. Cable and Broadcasting Act 1984. In Schedule 5, paragraph 34(6). 1984 c. 47. Repatriation of Prisoners Act 1984. In Schedule 1, paragraph 4. 1984 c. 60. Police and Criminal Evidence Act 1984. Section 24(2)(e). In section 65, the word “and befor e “references. Section 68. In Schedule 3, paragraphs 1 to 7 and paragraph 13. 1985 c. 13. Cinemas Act 1985. In Schedule 2, paragraph 11. 1985 c. 37. Prohibition of Female Circumcision Act 1985. Section 3(1)(b) and the word “and immediately preceding it. 1985 c. 51. Local Government Act 1985. In section 15(5), the words “or 7. 1985 c. 65. Insolvency Act 1985. In Schedule 8, paragraph 24. 1986 c. 32. Drug Trafficking Offences Act 1986. In section 6, in subsection (1), paragraph (b) and the word “and immediately preceding it, in subsection (3), the words “or 9 and subsection (5). Section 10(1). Section 15(5)(b) and (c). In section 17(1), the words from “but to the end. In section 19, in subsection (1) (b) (i), the words “(and no conviction for any drug trafficking offence is substituted) and in subsection (2), in paragraph (a), the words “and that, but for that default, the proceedings would not have been instituted or continued, and in paragraph (b), the word “substantial. In section 25(3), the words “varying or revoking a previous Order in Council. In section 38(11), the words “in England and Wales. 1986 c. 45. Insolvency Act 1986. Section 264(1)(d) and the word “or immediately preceding it. Section 266(4). Section 267(3). Section 277. Section 282(2). In section 293(1), the words “does not apply where the bankruptcy order was made on a petition under section 264(1)(d) (criminal bankruptcy); and it. Section 297(1). Section 327. Section 341(4) and (5). Section 382(1)(c). In section 383(1)(a), the words from “(being, to “question). In section 385(1), the definition of “criminal bankruptcy order. Section 402. 1987 c. 38. Criminal Justice Act 1987. Section 9(3)(a). In section 11, in subsection (8)(e), the word “engaged, and subsection (11). In Schedule 2, paragraph 1(2). 1987 c. 41. Criminal Justice (Scotland) Act 1987. Section 45(7)(c)(ii) and the word “and immediately preceding it. 1988 c. 13. Coroners Act 1988. In Schedule 3, paragraph 14. Notes
The repeals in the Offences against the Person Act 1861 and the Prevention of Corruption Act 1916 do not extend to Northern Ireland.
The repeal in the Road Traffic Act 1972 does not extend to Scotland.
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— 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.
in any of the Channel Islands; or
in the Isle of Man,
The requirements mentioned in subsection (1)(i) above are—
that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;
that—
the person who made the statement is outside the United Kingdom; and
it is not reasonably practicable to secure his attendance; or
that all reasonable steps have been taken to find the person who made the statement, but that he cannot be found.
The requirements mentioned in subsection (1)(ii) above are—
that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and
that the person who made it does not give oral evidence through fear or because he is kept out of the way.
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.
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“further education premises”, in relation to England and Wales, means land used solely for the purposes of— excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;
to subsections (3) and (4) below; and
quash any sentence passed on him in the proceeding; and
to paragraph 1A of Schedule 2 to the Criminal Appeal Act 1968; . . .
in place of it pass such sentence as they think appropriate for the case and as the court below had power to pass when dealing with him.
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“prison” includes—
the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and
shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly;
the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.
where granted under subsection (1)(a) above, shall have the effect of letters of inhibition and shall forthwith be registered by the prosecutor in the register of inhibitions and adjudications.
a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied—
to the contents of the statement;
to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and
to any other circumstances that appear to the court to be relevant.
Subsection (1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it—
in the course of a trade, business, profession or other occupation; or
as the holder of a paid or unpaid office.
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.
“offence triable only on indictment” means an offence punishable only on conviction on indictment;
of pending or contemplated criminal proceedings; or
of a criminal investigation,
a secure college;
the requirements of one of the paragraphs of subsection (2) of section 23 above are satisfied; or
Where a court which proposes to make a supervision order is satisfied, on the evidence of a medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of a supervised person is such as requires and may be susceptible to treatment but is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the supervision order a requirement that the supervised person shall, for a period specified in the order, submit to treatment of one of the following descriptions so specified, that is to say— A requirement shall not be included in a supervision order in pursuance of subsection (1) above— and a requirement so included shall not in any case continue in force after the supervised person becomes 18.
the requirements of subsection (3) of that section are satisfied; or
the person who made the statement cannot reasonably be expected (having regard to the time which has elapsed since he made the statement and to all the circumstances) to have any recollection of the matters dealt with in the statement.
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If, having regard to all the circumstances— is of the opinion that in the interests of justice a statement which is admissible by virtue of section 23 or 24 above nevertheless ought not to be admitted, it may direct that the statement shall not be admitted.
the Crown Court—
on a trial on indictment;
on an appeal from a magistrates’ court; . . .
on the hearing of an application under section 6 of the Criminal Justice Act 1987 (applications for dismissal of charges of fraud transferred from magistrates’ court to Crown Court); or
on the hearing of an application under paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal of charges in certain cases involving children transferred from magistrates’ court to Crown Court); or
the criminal division of the Court of Appeal; or
a magistrates’ court on a trial of an information,
Without prejudice to the generality of subsection (1) above, it shall be the duty of the court to have regard—
to the nature and source of the document containing the statement and to whether or not, having regard to its nature and source and to any other circumstances that appear to the court to be relevant, it is likely that the document is authentic;
to the extent to which the statement appears to supply evidence which would otherwise not be readily available;
to the relevance of the evidence that it appears to supply to any issue which is likely to have to be determined in the proceedings; and
to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them.
of pending or contemplated criminal proceedings; or
of a criminal investigation,
to the contents of the statement;
to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and
to any other circumstances that appear to the court to be relevant.
Where a statement contained in a document is admissible as evidence in criminal proceedings, it may be proved— authenticated in such manner as the court may approve; and it is immaterial for the purposes of this subsection how many removes there are between a copy and the original. . . . .
by the production of that document; or
(whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,
Nothing in this Part of this Act shall prejudice—
the admissibility of a statement not made by a person while giving oral evidence in court which is admissible otherwise than by virtue of this Part of this Act; or
any power of a court to exclude at its discretion a statement admissible by virtue of this Part of this Act.
Schedule 2 to this Act shall have effect for the purpose of supplementing this Part of this Act.
Where on an application made in accordance with the following provisions of this section it appears to a justice of the peace or judge that criminal proceedings— he may order that a letter of request shall be issued to a court or tribunal or appropriate authority specified in the order and exercising jurisdiction in a place outside the United Kingdom, requesting it to assist in obtaining for the purposes of the proceedings evidence specified in the letter.
have been instituted; or
are likely to be instituted if evidence is obtained for the purpose,
In subsection (1) above “appropriate authority” means any central authority designated by a state to receive requests for assistance in legal matters.
An application for an order under this section may be made by a prosecuting authority.
If proceedings have already been instituted, a person charged with an offence in the proceedings may make such an application.
Without prejudice to the generality of any enactment conferring power to make them— may make such provision as appears to the authority making any of them to be necessary or expedient for the purposes of this section and in particular for the appointment of a person before whom evidence may be taken in pursuance of a letter of request.
Crown Court Rules;
Criminal Appeal Rules; and
rules under section 144 of the Magistrates' Courts Act 1980,
In exercising the discretion conferred by section 25 above in relation to a statement contained in evidence taken in pursuance of a letter of request, the court shall have regard—
to whether it was possible to challenge the statement by questioning the person who made it; and
to whether the local law allowed the parties to the criminal proceedings to be legally represented when the evidence was being taken.
An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.
If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.
For the purpose of determining whether to give leave the court shall have regard—
to the contents of the report;
to the reasons why it is proposed that the person making the report shall not give oral evidence;
to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and
to any other circumstances that appear to the court to be relevant.
An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.
In this section “expert report” means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
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For the purpose of helping members of juries to understand complicated issues of fact or technical terms Criminal Procedure Rules may make provision— in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.
as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and
as to the furnishing of glossaries for such purposes as may be specified;
A person other than the accused may give evidence through a live television link in proceedings to which subsection (1A) below applies if— but evidence may not be so given without the leave of the court.
the witness is outside the United Kingdom; . . .
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This section applies only so far as provided by an order under paragraph 8 of Schedule 13.
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to an offence which involves an assault on, or injury or a threat of injury to, a person;
to an offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under 16);
to an offence under the Sexual Offences Act 1956, the Indecency with Children Act 1960, the Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or the Protection of Children Act 1978; and
to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a), (b) or (c) above.
A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
This subsection applies—
to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under section 9 of the Criminal Appeal Act 1995; and
to proceedings in youth courts , appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising.
Without prejudice to the generality of any enactment conferring power to make Criminal Procedure Rules, such rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this section.
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Crown Court Rules; and
Criminal Appeal Rules.
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Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is abrogated . . ..
Unsworn evidence admitted by virtue of section 56 of the Youth Justice and Criminal Evidence Act 1999 may corroborate evidence (sworn or unsworn) given by any other person.
A case to which this Part of this Act applies may be referred to the Court of Appeal under section 36 below (for requests for referrals by victims of crime in England and Wales, see section 2(3A) of the Victims and Prisoners Act 2024).
Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36 below shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part of this Act shall be construed as references to that division.
This Part of this Act applies to any case —
of a description specified in an order under this section; or
in which sentence is passed on a person—
for an offence triable only on indictment; or
for an offence of a description specified in an order under this section
The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply to any case of a description specified in the order or to any case in which sentence is passed on a person for an offence triable either way of a description specified in the order.
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part of this Act “sentence” has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly.
In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).
Subsection (2) shall be omitted.
In this section—
“offence triable only on indictment” means an offence punishable only on conviction on indictment;
For subsection (5) there shall be substituted—.
Any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.
The references in subsection (6) to the Criminal Appeal Act 1968 and Part III of the Mental Health Act 1983 shall be respectively construed as references to Part I of the Criminal Appeal (Northern Ireland) Act 1980 and Part III of the Mental Health (Northern Ireland) Order 1986.
Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied if it appears to the Attorney General that the judge
erred in law as to his powers of sentencing; or
failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.
For the purposes of this Part of this Act any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section 11 of the Criminal Appeal Act 1968.
No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.
Where a reference under this section relates to a minimum term order made under section 321 of the Sentencing Code..., the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.
Where the Court of Appeal have concluded their review of a case referred to them under this section the Attorney General or the person to whose sentencing the reference relates may refer a point of law involved in any sentence passed on that person in the proceeding to the Supreme Court for its opinion , and the Supreme Court shall consider the point and give its opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or itself deal with the case.
A reference under subsection (5) above shall be made only with the leave of the Court of Appeal or the Supreme Court ; and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court .
For the purpose of dealing with a case under this section the Supreme Court may exercise any powers of the Court of Appeal.
The supplementary provisions contained in Schedule 3 to this Act shall have effect.
In the application of this section to Northern Ireland—
any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland ;
the references to sections 11 and 35(1) of the Criminal Appeal Act 1968 shall be construed as references to sections 10(2) and 33(1) of the Criminal Appeal (Northern Ireland) Act 1980, respectively., and
impose a sentence required by—
the reference in subsection (3A) to a minimum term order made under section 321 of the Sentencing Code shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 ...
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In section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.)—
in subsection (2), for the words “on conviction on indictment be liable to imprisonment for a term not exceeding three years." there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both."; and
at the end of subsection (4) there shall be added the words “and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.".
In subsection (1) of section 22 of the Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage is charged and it appears to a magistrates’ court clear that the value involved does not exceed the relevant sum, the court is required to proceed as if the offence charged were triable only summarily) in the second paragraph (which states the relevant sum) for “£400" there shall be substituted “£2,000".
Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.
The following subsection shall be inserted after subsection (10) of that section—.
Subsection (3) above does not apply where any of the offences are charged in respect of acts done before this section comes into force.
Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).
A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge— but only if (in either case) the facts or evidence relating to the offence ... are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51 or 51A), has been served on the person charged.
is founded on the same facts or evidence as a count charging an indictable offence; or
is part of a series of offences of the same or similar character as an indictable offence which is also charged,
Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a magistrates’ court could have dealt with him.
The offences to which this section applies are—
common assault;
an offence under section 12(1) of the Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);
an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);
an offence under section 103(1)(b) of the Road Traffic Act 1988 (driving a motor vehicle while disqualified);
an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)
an offence mentioned in the first column of Schedule 2 to the Magistrates’ Courts Act 1980 (criminal damage etc.) which would otherwise be triable only summarily by virtue of section 22(2) of that Act; and
an offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer);
any summary offence specified under subsection (4) below.
The Secretary of State may by order made by statutory instrument specify for the purposes of this section any summary offence which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to proceedings for an offence of common assault or battery where—
the alleged behaviour of the accused amounts to domestic abuse, and
the condition in subsection (2) or (3) is met.
The condition in this subsection is that—
the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and
the complainant has provided the statement to—
a constable of a police force, or
a person authorised by a constable of a police force to receive the statement.
The condition in this subsection is that—
the complainant has been interviewed by—
a constable of a police force, or
a person authorised by a constable of a police force to interview the complainant, and
a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings.
Proceedings to which this section applies may be commenced at any time which is both—
within two years from the date of the offence to which the proceedings relate, and
within six months from the first date on which either of the conditions in subsection (2) or (3) was met.
This section has effect despite section 127(1) of the Magistrates’ Court Act 1980 (limitation of time).
In this section—
This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.
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Where a magistrates' court commits a person to the Crown Court for trial on indictment for an offence triable either way or a number of such offences, it may also commit him for trial for any summary offence with which he is charged and which— whether or not evidence relating to that summary offence appears on the depositions or written statements in the case; and the trial of the information charging the summary offence shall then be treated as if the magistrates' court had adjourned it under section 10 of the Magistrates' Courts Act 1980 and had not fixed the time and place for its resumption.
is punishable with imprisonment or involves obligatory or discretionary disqualification from driving; and
arises out of circumstances which appear to the court to be the same as or connected with those giving rise to the offence, or one of the offences, triable either way,
Where a magistrates' court commits a person to the Crown Court for trial on indictment for a number of offences triable either way and exercises the power conferred by subsection (1) above in respect of a summary offence, the magistrates' court shall give the Crown Court and the person who is committed for trial a notice stating which of the offences triable either way appears to the court to arise out of circumstances which are the same as or connected with those giving rise to the summary offence.
A magistrates' court’s decision to exercise the power conferred by subsection (1) above shall not be subject to appeal or liable to be questioned in any court.
The committal of a person under this section in respect of an offence to which section 40 above applies shall not preclude the exercise in relation to the offence of the power conferred by that section; but where he is tried on indictment for such an offence, the functions of the Crown Court under this section in relation to the offence shall cease.
If he is convicted on the indictment, the Crown Court shall consider whether the conditions specified in subsection (1) above were satisfied.
If it considers that they were satisfied, it shall state to him the substance of the summary offence and ask him whether he pleads guilty or not guilty.
If he pleads guilty, the Crown Court shall convict him, but may deal with him in respect of that offence only in a manner in which a magistrates' court could have dealt with him.
If he does not plead guilty, the powers of the Crown Court shall cease in respect of the offence except as provided by subsection (9) below.
If the prosecution inform the Court that they would not desire to submit evidence on the charge relating to the summary offence, the Court shall dismiss it.
The Crown Court shall inform the clerk of the magistrates' court of the outcome of any proceedings under this section.
Where the Court of Appeal allows an appeal against conviction of an offence triable either way which arose out of circumstances which were the same as or connected with those giving rise to a summary offence of which the appellant was convicted under this section— and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.
it shall set aside his conviction of the summary offence and give the clerk of the magistrates' court notice that it has done so; and
it may direct that no further proceedings in relation to the offence are to be undertaken;
A notice under subsection (11) above shall include particulars of any direction given under paragraph (b) of that subsection in relation to the offence.
The references to the clerk of the magistrates' court in this section are to be construed in accordance with section 141 of the Magistrates' Courts Act 1980.
Section 56 of the Criminal Justice Act 1967 shall be amended as follows.
In subsection (1), for the words “offence triable either way” there shall be substituted the words “indictable offence”.
In subsection (2), for the words from “and sections 8(6)” to the end there shall be substituted the words “, section 8(6) of the Powers of Criminal Courts Act 1973 (probationer convicted of subsequent offence) and section 24(2) of that Act and paragraph 2(2)(a) of Schedule 9 to the Criminal Law Act 1977 (committal to be dealt with in respect of a wholly or partly suspended sentence)”.
The Criminal Appeal Act 1968 shall be amended as follows.
In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act" shall cease to have effect.
At the end of subsection (1) of section 8 there shall be added the words “but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave."
The following subsections shall be inserted after that subsection—
Nothing in this section applies where notice of appeal or of application for leave to appeal was given before the commencement of this section.
Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences) shall be amended as follows.
(a) Summary. 6 months or the statutory maximum or both. (b) On indictment. 3 years or a fine; or both.
“Life imprisonment” shall be substituted for “14 years" in the fourth column of the entries relating to offences under—
section 17(2) (possessing firearm or imitation firearm at time of committing or being arrested for certain offences); and
section 18(1) (carrying firearm or imitation firearm with criminal intent).
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
In section 1(1)(a) of the Children and Young Persons Act 1933 (under which the maximum term of imprisonment for cruelty to persons under 16 is two years) and in section 12(1)(a) of the Children and Young Persons (Scotland) Act 1937 (which makes corresponding provision for Scotland), for “two" there shall be substituted “ten".
Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.
In section 1(1)(a) of the Prevention of Crime Act 1953 “six months” shall be substituted for “three months".
The maximum fine that may be imposed for an offence under section 1 of the Restriction of Offensive Weapons Act 1959 shall be a fine not exceeding level 5 on the standard scale.
This section shall not have effect in relation to anything done before it comes into force.
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The following paragraph shall be substituted for paragraph (a) of section 2 of the Public Bodies Corrupt Practices Act 1889 (penalty for corruption in office)—.
In subsection (1) of section 1 of the Prevention of Corruption Act 1906 (punishment of corrupt transactions with agents) for the words from “shall be liable” to the end of the subsection there shall be substituted the words shall be liable—.
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
In section 8(1)(a) of the Company Securities (Insider Dealing) Act 1985 (under which the maximum term of imprisonment for insider dealing offences is 2 years) for “2” there shall be substituted “7”.
Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.
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The Secretary of State may by order made by statutory instrument make such provision as appears to him to be appropriate—
to give courts-martial and Standing Civilian Courts power to pass suspended and partly suspended sentences of imprisonment on civilians to whom this section applies; and
to give courts power to deal with offenders in respect of suspended and partly suspended sentences passed by courts-martial and Standing Civilian Courts.
This section applies to the following civilians—
persons to whom Part II of the Army Act 1955 applies by virtue of section 209 of that Act;
persons to whom Part II of the Air Force Act 1955 applies by virtue of section 209 of that Act; and
persons to whom Parts I and II of the Naval Discipline Act 1957 apply by virtue of section 118 of that Act.
An order under this section—
may amend—
the Army Act 1955;
the Air Force Act 1955;
the Naval Discipline Act 1957; and
the Armed Forces Act 1976;
may apply, with or without modifications, any enactment contained in—
the Powers of Criminal Courts Act 1973;
the Criminal Law Act 1977; or
any other Act not mentioned in paragraph (a) above; and
may make such incidental or consequential provision as the Secretary of State considers necessary or expedient.
Without prejudice to the generality of this section, an order under this section may make—
provision prohibiting a court which passes a suspended sentence on a person from making an order under paragraph 4 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or paragraph 4 of Schedule 4A to the Naval Discipline Act 1957 (community supervision orders) in respect of another offence; and
provision restricting the powers conferred by sections 110 and 113 of the Army Act 1955 and the Air Force Act 1955 (confirmation and review) and sections 70 and 71 of the Naval Discipline Act 1957 (review).
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For any offence triable either way under a subordinate instrument made before the commencement of this section, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.
Where apart from this section the maximum fine would be one amount in the case of a first conviction and a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to impose penal provisions, being a power which allows the creation of offences triable either way, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of an offence triable either way shall by virtue of this subsection be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment contained in an Act passed before the commencement of this section.
Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to create offences triable either way, the maximum fine for an offence triable either way so created may be expressed as a fine not exceeding the statutory maximum.
Subsection (5) above has effect in relation to exercises of powers before as well as after the commencement of this section.
Nothing in this section shall affect the punishment for an offence committed before the commencement of this section.
In this section and sections 52, 53, 55, 57 and 59 below “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.
In subsection (1) above “relevant subordinate instrument” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.
Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
Where there is— 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.
under any enactment (however framed or worded) contained in an Act passed before the commencement of this section;
under any instrument (however framed or worded) made by virtue of such an enactment,
Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.
Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
If an order under section 143 of the Magistrates’ Courts Act 1980 alters the sums specified in section 37(2) of the Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.
This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.
In the Criminal Procedure (Scotland) Act 1975, after section 289GC (which is inserted by section 56 of this Act) there shall be inserted the following section—.
This section applies to any instrument (however framed or worded) which— but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.
was made before 11th April 1983 (the date of the commencement of sections 35 to 50 of the Criminal Justice Act 1982); and
confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,
The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—
if the specified amount is less than £25 , level 1 on the standard scale;
if it is £25 or more but less than £50, level 2;
if it is £50 or more but less than £200, level 3;
if it is £200 or more but less than £400, level 4; and
if it is £400 or more, level 5.
Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.
Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those maximum fines are to be treated separately for the purposes of this section.
Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation— as well as in relation to the fine mentioned in subsection (3) above.
to the alternative fine; and
to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
Section 36 of the Criminal Justice Act 1982 (abolition of enhanced penalties under subordinate instruments) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (2) to the coming into force of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.
In the Criminal Procedure (Scotland) Act 1975, after section 289GB (which was inserted by the Criminal Justice (Scotland) Act 1987) there shall be inserted the following section—
Section 289E of the Criminal Procedure (Scotland) Act 1975 (penalties for first and subsequent convictions of summary offences to be the same) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (5) to the commencement of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.
Where a harbour authority is empowered to provide— that a person, as regards any summary offence (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this section to making him liable to a fine not exceeding level 4.
in an instrument made by virtue of an enactment; or
in an instrument made by virtue of an instrument made under an enactment,
Where any enactment or instrument (“the enabling legislation") (however expressed) provides that a person who contravenes any provision of an instrument (“a regulatory instrument") made by a harbour authority— shall be guilty of a summary offence and liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this section enable the harbour authority to provide in a regulatory instrument that a person, as regards any summary offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.
by virtue of the enabling legislation; or
by virtue of an instrument made under the enabling legislation,
In section 43 of the Criminal Justice Act 1982 (maximum fines under byelaws relating to the burning of straw or stubble)—
after the word “stubble” there shall be inserted the words “or any other crop residue”; and
the words from “and, in the case of a continuing offence,” to “thereof” and from “(but” to the end of the section shall cease to have effect.
Any byelaw relating to the burning of crop residues other than straw or stubble made by a local authority under section 235 of the Local Government Act 1972 which is in force at the coming into force of this section shall have effect as if it specified level 5 on the standard scale as the maximum fine which may be imposed on summary conviction of an offence under it.
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—
to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or
to be appropriate to take account of an order altering the standard scale which has been made or is proposed to be made.
Subsection (1) above applies to any sum which—
is specified as the maximum fine which may be imposed on conviction of a summary offence; and
is higher than level 5 on the standard scale.
The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—
to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or
to be appropriate to take account of an order made or proposed to be made altering the statutory maximum.
Subsection (3) above applies to any sum which—
is specified as the maximum fine which may be imposed on summary conviction of an offence triable either way; and
is higher than the statutory maximum.
An order under this section—
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and
shall not affect the punishment for an offence committed before it comes into force.
In this section—
a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),
in relation to land in England and Wales, section 4 of the Education Act 1996;
Subject to subsection (2) of this section, this subsection applies to— Subsection (1) of this section does not apply to any supervision order which by virtue of section 12(2) above requires the supervised person to comply with directions given by the supervisor. Subject to the following provisions of this section and to section 19(13) of this Act, a supervision order to which subsection (1) of this section applies may require a supervised person— Any power to include a requirement in a supervision order which is exercisable in relation to a person by virtue of this section or the following provisions of this Act may be exercised in relation to him whether or not any other such power is exercised. The total number of days in respect of which a supervised person may be subject to requirements imposed by virtue of subsection (3)(a) or (b) above shall not exceed 90. The court may not include requirements under subsection (3) above in a supervision order unless— The court shall not include in such an order by virtue of subsection (3) above— The place, or one of the places, specified in a requirement under subsection (3)(b) above (“a night restriction") shall be the place where the supervised person lives. A night restriction shall not require the supervised person to remain at a place for longer than 10 hours on any one night. A night restriction shall not be imposed in respect of any day which falls outside the period of three months beginning with the date when the supervision order is made. A night restriction shall not be imposed in respect of more than 30 days in all. A supervised person who is required by a night restriction to remain at a place may leave it if he is accompanied— A night restriction imposed in respect of a period of time beginning in the evening and ending in the morning shall be treated as imposed only in respect of the day upon which the period begins.
Where the Crown Court makes such a statement, it shall certify in the supervision order that it has made such a statement. Where a magistrates’ court makes such a statement, it shall certify in the supervision order that it has made such a statement and shall cause the statement to be entered in the register.
An amount not exceeding £50 5 days An amount exceeding £50 but not exceeding £100 7 days An amount exceeding £100 but not exceeding £400 14 days An amount exceeding £400 but not exceeding £1,000 30 days An amount exceeding £1,000 but not exceeding £2,000 45 days An amount exceeding £2,000 but not exceeding £5,000 3 months An amount exceeding £5,000 but not exceeding £10,000 6 months
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The Magistrates’ Courts Act 1980 shall be amended as follows.
The following subsections shall be added after section 77(2)—.
The following subsection shall be inserted after subsection (4) of section 82 (restriction on power to impose imprisonment for default)—.
The following subsections shall be inserted after subsection (5) of that section—.
The following section shall be substituted for section 85—.
In section 121(2) (magistrates’ court to consist of at least 2 justices when holding an inquiry into the means of an offender for the purposes of section 82) after the word “above" there shall be inserted the words “or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment".
The following section shall be inserted after section 87 of the Magistrates’ Courts Act 1980—.
The words “ or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies) ” shall be inserted—
before the words “or by all" in section 9(1) of the Insolvency Act 1986;
after the word “contributories" in section 124(1) of that Act.
in subsection (1), the words “or an authorised person” shall be inserted after the words “a constable”, in the second place where they occur;
in subsection (2)—
the words “or an authorised person” shall be inserted after the words “a constable”; and
the words “or authorised person” shall be inserted after the word “constable”, in the second, third and fourth places where it occurs; and
the following subsection shall be inserted after subsection (4)—.
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In section 32 of the Game Act 1831 (persons found armed using violence etc.) for “level 1” there shall be substituted “level 4”.
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
The following paragraph shall be inserted after the first paragraph of subsection (2) of section 125 (warrants) of the Magistrates' Courts Act 1980—A warrant of arrest, warrant of commitment or warrant of distress which is issued by a justice of the peace for the enforcement of a fine may also be executed by a person who—.
In section 136(2)(a) of that Act (by virtue of which a warrant for the detention of a fine defaulter overnight in a police station may be executed by any police constable) after the word “constable” there shall be inserted the wordsor any person who—.
Section 38 of the Fisheries Act 1981 (which applied certain enactments to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland) shall be deemed not to have been excluded from the operation of section 38(1) of the Criminal Justice Act 1982 (general increase of fines for summary offences) by paragraph (c) of that subsection (exclusion of offences where fine or maximum fine altered since 29th July 1977).
Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
A fine imposed by a coroner, including a fine so imposed before this section comes into force, shall be treated for the purpose of its collection, enforcement and remission as having been imposed by the magistrates’ court for the area in which the coroner’s court was held, and the coroner shall as soon as practicable after imposing the fine give particulars of the fine to the designated officer for that court.
A coroner shall proceed in the like manner under subsection (1) above in relation to a recognizance forfeited at an inquest held before him, including a recognizance so forfeited before this section comes into force, as if he had imposed a fine upon the person forfeiting that recognizance, and subsection (1) above shall apply accordingly.
In section 93 of the Road Traffic Act 1972 the following subsection shall be inserted after subsection (3)—.
Nothing in this section shall have effect in relation to an offence committed before this section comes into force.
The following subsections shall be substituted for section 43(1) of the Powers of Criminal Courts Act 1973—
At the end of section 12(4) of that Act (which authorises a court, on making a probation order in respect of an offender or discharging an offender absolutely or conditionally, to order him to pay costs or compensation) there shall be added the words “or to make an order under section 43 below”.
In section 27(1) of the Misuse of Drugs Act 1971 (forfeiture on conviction of an offence under that Act) after the words “under this Act" there shall be inserted the words “or a drug trafficking offence, as defined in section 38(1) of the Drug Trafficking Offences Act 1986".
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The Crown Court and a magistrates' court shall each have power, in addition to dealing with an offender in any other way, to make an order under this section requiring him to pay such sum as the court thinks fit.
The Crown Court may make such an order against an offender where—
he is found guilty of any offence to which this Part of this Act applies; and
it is satisfied—
that he has benefited from that offence or from that offence taken together with some other offence of which he is convicted in the same proceedings, or which the court takes into consideration in determining his sentence, and which is not a drug trafficking offence; and
that his benefit is at least the minimum amount.
A magistrates' court may make such an order against an offender where—
he is convicted of an offence listed in Schedule 4 to this Act; and
it is satisfied—
that he has benefited from that offence or from that offence taken together with some other offence listed in that Schedule of which he is convicted in the same proceedings, or which the court takes into consideration in determining his sentence; and
that his benefit is at least the minimum amount.
For the purposes of this Part of this Act a person benefits from an offence if he obtains property as a result of or in connection with its commission and his benefit is the value of the property so obtained.
Where a person derives a pecuniary advantage as a result of or in connection with the commission of an offence, he is to be treated for the purposes of this Part of this Act as if he had obtained as a result of or in connection with the commission of the offence a sum of money equal to the value of the pecuniary advantage.
The sum which an order made by a court under this section requires an offender to pay must be at least the minimum amount, but must not exceed— whichever is the less.
the benefit in respect of which it is made; or
the amount appearing to the court to be the amount that might be realised at the time the order is made,
For the purposes of this Part of this Act the minimum amount is £10,000 or such other amount as the Secretary of State may specify by order made by statutory instrument.
A statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part of this Act—
an order made by a court under this section is referred to as a “confiscation order”;
“drug trafficking offence” has the same meaning as in the Drug Trafficking Offences Act 1986;
references to an offence to which this Part of this Act applies are references to any offence which—
is listed in Schedule 4 to this Act; or
if not so listed, is an indictable offence, other than a drug trafficking offence; and
a person against whom proceedings have been instituted for an offence to which this Part of this Act applies is referred to (whether or not he has been convicted) as “the defendant”.
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A court shall not make a confiscation order unless the prosecutor has given written notice to the court to the effect that it appears to him that, were the court to consider that it ought to make such an order, it would be able to make an order requiring the offender to pay at least the minimum amount.
If the prosecutor gives the court such a notice, the court shall determine whether it ought to make a confiscation order.
When considering whether to make a confiscation order the court may take into account any information that has been placed before it showing that a victim of an offence to which the proceedings relate has instituted, or intends to institute, civil proceedings against the defendant in respect of loss, injury or damage sustained in connection with the offence.
If the court determines that it ought to make such an order, the court shall, before sentencing or otherwise dealing with the offender in respect of the offence or, as the case may be, any of the offences concerned, determine the amount to be recovered in his case by virtue of this section and make a confiscation order for that amount specifying the offence or offences.
Where a court makes a confiscation order against a defendant in any proceedings, it shall be its duty, in respect of any offence of which he is convicted in those proceedings, to take account of the order before—
imposing any fine on him;
making any order involving any payment by him, other than an order under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders); or
making any order under— but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him.
section 27 of the Misuse of Drugs Act 1971 (forfeiture orders); or
section 43 of the Powers of Criminal Courts Act 1973 (deprivation orders),
No enactment restricting the power of a court dealing with an offender in a particular way from dealing with him also in any other way shall by reason only of the making of a confiscation order restrict the court from dealing with an offender in any way it considers appropriate in respect of an offence to which this Part of this Act applies.
Where— it shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means shall be paid out of any sums recovered under the confiscation order.
a court makes both a confiscation order and an order for the payment of compensation under section 35 of the Powers of Criminal Courts Act 1973 against the same person in the same proceedings; and
it appears to the court that he will not have sufficient means to satisfy both the orders in full,
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Where— the court may, for the purposes of so determining or making such an assessment, treat his acceptance as conclusive of the matters to which it relates.
a defendant has been convicted of an offence to which this Part of this Act applies and the prosecutor tenders to the court a statement as to any matters relevant—
to determining whether the defendant has benefited from the offence or from any other offence to which this Part of this Act applies of which he is convicted in the same proceedings or which is taken into consideration in determining his sentence; or
to an assessment of the value of the defendant’s benefit from the offence or any other offence to which this Part of this Act applies of which he is so convicted or which is so taken into consideration; and
the defendant accepts to any extent any allegation in the statement;
Where— the court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.
a statement is tendered under subsection (1)(a) above, and
the court is satisfied that a copy of that statement has been served on the defendant,
If the defendant fails in any respect to comply with a requirement under subsection (2) above, he may be treated for the purposes of this section as accepting every allegation in the statement apart from—
any allegation in respect of which he has complied with the requirement; and
any allegation that he has benefited from an offence or that any property was obtained by him as a result of or in connection with the commission of an offence.
Where— the court may, for the purposes of that determination, treat the acceptance by the prosecutor as conclusive of the matters to which it relates.
there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and
the prosecutor accepts to any extent any allegation in the statement;
An allegation may be accepted or a matter indicated for the purposes of this section either—
orally before the court; or
in writing in accordance with rules of court.
If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under this section or otherwise), the court may issue a certificate giving the court’s opinion as to the matters concerned and shall do so if satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the defendant’s benefit from the offence or, if more than one, all the offences in respect of which the order may be made.
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In this Part of this Act, “realisable property” means, subject to subsection (2) below—
any property held by the defendant; and
any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Part of this Act.
Property is not realisable property if— is in force in respect of the property.
an order under section 43 of the Powers of Criminal Courts Act 1973 (deprivation orders);
an order under section 27 of the Misuse of Drugs Act 1971 (forfeiture orders); or
an order under section 223 or 436 of the Criminal Procedure (Scotland) Act 1975 (forfeiture of property),
For the purposes of this Part of this Act the amount that might be realised at the time a confiscation order is made is— together with the total of the values at that time of all gifts caught by this Part of this Act.
the total of the values at that time of all the realisable property held by the defendant, less
where there are obligations having priority at that time, the total amounts payable in pursuance of such obligations,
Subject to the following provisions of this section, for the purposes of this Part of this Act the value of property (other than cash) in relation to any person holding the property—
where any other person holds an interest in the property, is—
the market value of the first-mentioned person’s beneficial interest in the property, less
the amount required to discharge any incumbrance (other than a charging order) on that interest; and
in any other case, is its market value.
References in this Part of this Act to the value at any time (referred to in subsection (6) below as “the material time”) of any property obtained by a person as a result of or in connection with the commission of an offence are references to— whichever is the greater.
the value of the property to him when he obtained it adjusted to take account of subsequent changes in the value of money; or
where subsection (6) below applies, the value there mentioned,
If at the material time he holds— the value referred to in subsection (5)(b) above is the value to him at the material time of the property mentioned in paragraph (a) above or, as the case may be, of the property mentioned in paragraph (b) above, so far as it so represents the property which he obtained, but disregarding any charging order.
the property which he obtained (not being cash); or
property which, in whole or in part, directly or indirectly represents in his hands the property which he obtained,
Subject to subsection (12) below, references in this Part of this Act to the value at any time (referred to in subsection (8) below as “the material time”) of a gift caught by this Part of this Act are references to— whichever is the greater.
the value of the gift to the recipient when he received it adjusted to take account of subsequent changes in the value of money; or
where subsection (8) below applies, the value there mentioned,
Subject to subsection (12) below, if at the material time he holds— the value referred to in subsection (7) above is the value to him at the material time of the property mentioned in paragraph (a) above or, as the case may be, of the property mentioned in paragraph (b) above so far as it so represents the property which he received, but disregarding any charging order.
the property which he received (not being cash); or
property which, in whole or in part, directly or indirectly represents in his hands the property which he received;
For the purposes of subsection (3) above, an obligation has priority at any time if it is an obligation of the defendant to—
pay an amount due in respect of a fine, or other order of a court, imposed or made on conviction of an offence, where the fine was imposed or order made before the confiscation order; or
pay any sum which would be included among the preferential debts (within the meaning given by section 386 of the Insolvency Act 1986) in the defendant’s bankruptcy commencing on the date of the confiscation order or winding up under an order of the court made on that date.
A gift (including a gift made before the commencement of this Part of this Act) is caught by this Part of this Act if—
it was made by the defendant at any time after the commission of the offence or, if more than one, the earliest of the offences to which the proceedings for the time being relate; and
the court considers it appropriate in all the circumstances to take the gift into account.
The reference in subsection (10) above to an offence to which the proceedings for the time being relate includes, where the proceedings have resulted in the conviction of the defendant, a reference to any offence which the court takes into consideration when determining his sentence.
For the purposes of this Part of this Act—
the circumstances in which the defendant is to be treated as making a gift include those where he transfers property to another person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and
in those circumstances, the preceding provisions of this section shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) above bears to the value of the consideration provided by the defendant.
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Where the Crown Court orders the defendant to pay an amount under this Part of this Act, sections 31(1) to (3C) and 32(1) and (2) of the Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines and enforcement of Crown Court fines) shall have effect as if that amount were a fine imposed on him by the Crown Court.
Where a magistrates' court orders the defendant to pay an amount under this Part of this Act, that amount shall be treated as a fine for the purposes of section 31(3) of the Magistrates' Courts Act 1980 (general limit on the power of a magistrates' court to impose imprisonment not to apply in the case of imprisonment in default).
Where— the term of imprisonment or of detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default) to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b) above.
a warrant of commitment is issued for a default in payment of an amount ordered to be paid under this Part of this Act in respect of an offence; and
at the time the warrant is issued, the defendant is liable to serve a term of custody in respect of the offence;
The reference in subsection (3) above to the term of custody which the defendant is liable to serve in respect of the offence is a reference to the term of imprisonment or detention in a young offender institution which he is liable to serve in respect of the offence; and for the purposes of this subsection—
consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term; and
there shall be disregarded—
any sentence suspended under section 22(1) of the Powers of Criminal Courts Act 1973 which has not taken effect at the time the warrant is issued;
in the case of a sentence of imprisonment passed with an order under section 47(1) of the Criminal Law Act 1977, any part of the sentence which the defendant has not at that time been required to serve in prison; and
any term of imprisonment or detention fixed under section 31(2) of the Powers of Criminal Courts Act 1973 for which a warrant of commitment has not been issued at that time.
In the application of Part III of the Magistrates' Courts Act 1980 to amounts payable under confiscation orders—
such an amount is not a sum adjudged to be paid by a conviction for the purposes of section 81 (enforcement of fines imposed on young offenders) or a fine for the purposes of section 85 (remission of fines); and
in section 87 (enforcement by High Court or county court), subsection (3) shall be omitted.
This section applies in relation to confiscation orders made by the criminal division of the Court of Appeal, or by the House of Lords on appeal from that division, as it applies in relation to confiscation orders made by the Crown Court, and the reference in subsection (1) above to the Crown Court shall be construed accordingly.
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The powers conferred on the High Court by sections 77(1) and 78(1) below are exercisable where—
proceedings have been instituted in England and Wales against the defendant for an offence to which this Part of this Act applies;
the proceedings have not been concluded; and
either a confiscation order has been made or it appears to the court that there are reasonable grounds for thinking that a confiscation order may be made in them.
Those powers are also exercisable where—
the court is satisfied that, whether by the laying of an information or otherwise, a person is to be charged with an offence to which this Part of this Act applies; and
it appears to the court that a confiscation order may be made in proceedings for the offence.
For the purposes of sections 77, 78 and 92 below at any time when those powers are exercisable before proceedings have been instituted—
references in this Part of this Act to the defendant shall be construed as references to the person referred to in subsection (2)(a) above;
references in this Part of this Act to the prosecutor shall be construed as references to the person who the High Court is satisfied is to have the conduct of the proposed proceedings; and
references in this Part of this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (2)(a) above for an offence to which this Part of this Act applies.
Where the court has made an order under section 77(1) or 78(1) below by virtue of subsection (2) above, the court shall discharge the order if proceedings in respect of the offence are not instituted (whether by the laying of an information or otherwise) within such time as the court considers reasonable.
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The High Court may by order (referred to in this Part of this Act as a “restraint order”) prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.
Without prejudice to the generality of subsection (1) above, a restraint order may make such provision as the court thinks fit for living expenses and legal expenses.
A restraint order may apply—
to all realisable property held by a specified person, whether the property is described in the order or not; and
to realisable property held by a specified person, being property transferred to him after the making of the order.
This section shall not have effect in relation to any property for the time being subject to a charge under section 78 below.
A restraint order—
may be made only on an application by the prosecutor;
may be made on an ex parte application to a judge in chambers; and
shall provide for notice to be given to persons affected by the order.
A restraint order—
may be discharged or varied in relation to any property; and
shall be discharged when proceedings for the offence are concluded.
An application for the discharge or variation of a restraint order may be made by any person affected by it.
Where the High Court has made a restraint order, the court may at any time appoint a receiver— subject to such exceptions and conditions as may be specified by the court; and may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.
to take possession of any realisable property, and
in accordance with the court’s directions, to manage or otherwise deal with any property in respect of which he is appointed,
For the purposes of this section, dealing with property held by any person includes (without prejudice to the generality of the expression)—
where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and
removing the property from Great Britain.
Where the High Court has made a restraint order, a constable may for the purpose of preventing any realisable property being removed from Great Britain, seize the property.
Property seized under subsection (10) above shall be dealt with in accordance with the court’s directions.
The Land Charges Act 1972 and the Land Registration Act 1925 shall apply—
in relation to restraint orders, as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognisances; and
in relation to applications for restraint orders, as they apply in relation to other pending land actions.
The prosecutor shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in relation to any registered land to which a restraint order or an application for such an order relates.
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The High Court may make a charging order on realisable property for securing the payment to the Crown—
where a confiscation order has not been made, of an amount equal to the value from time to time of the property charged; and
in any other case, of an amount not exceeding the amount payable under the confiscation order.
For the purposes of this Part of this Act, a charging order is an order made under this section imposing on any such realisable property as may be specified in the order a charge for securing the payment of money to the Crown.
A charging order—
may be made only on an application by the prosecutor;
may be made on an ex parte application to a judge in chambers;
shall provide for notice to be given to persons affected by the order; and
may be made subject to such conditions as the court thinks fit and, without prejudice to the generality of this paragraph, such conditions as it thinks fit as to the time when the charge is to become effective.
Subject to subsection (6) below, a charge may be imposed by a charging order only on—
any interest in realisable property, being an interest held beneficially by the defendant or by a person to whom the defendant has directly or indirectly made a gift caught by this Part of this Act—
in any asset of a kind mentioned in subsection (5) below; or
under any trust; or
any interest in realisable property held by a person as trustee of a trust if the interest is in such an asset or is an interest under another trust and a charge may by virtue of paragraph (a) above be imposed by a charging order on the whole beneficial interest under the first-mentioned trust.
The assets referred to in subsection (4) above are—
land in England and Wales; or
securities of any of the following kinds—
government stock;
stock of any body (other than a building society) incorporated within England and Wales;
stock of any body incorporated outside England and Wales or of any country or territory outside the United Kingdom, being stock registered in a register kept at any place within England and Wales;
units of any unit trust in respect of which a register of the unit holders is kept at any place within England and Wales.
In any case where a charge is imposed by a charging order on any interest in an asset of a kind mentioned in subsection (5)(b) above, the court may provide for the charge to extend to any interest or dividend payable in respect of the asset.
The court may make an order discharging or varying the charging order and shall make an order discharging the charging order if the proceedings for the offence are concluded or the amount payment of which is secured by the charge is paid into court.
An application for the discharge or variation of a charging order may be made by any person affected by it.
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The Land Charges Act 1972 and the Land Registration Act 1925 shall apply in relation to charging orders as they apply in relation to orders or writs issued or made for the purpose of enforcing judgments.
Where a charging order has been registered under section 6 of the Land Charges Act 1972, subsection (4) of that section (effect of non-registration of writs and orders registrable under that section) shall not apply to an order appointing a receiver made in pursuance of the charging order.
Subject to any provision made under section 80 below or by rules of court, a charge imposed by a charging order shall have the like effect and shall be enforceable in the same courts and in the same manner as an equitable charge created by the person holding the beneficial interest or, as the case may be, the trustees by writing under their hand.
Where a charging order has been protected by an entry registered under the Land Charges Act 1972 or the Land Registration Act 1925, an order under section 78(7) above discharging the charging order may direct that the entry be cancelled.
The Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament amend section 78 above by adding to or removing from the kinds of asset for the time being referred to there any asset of a kind which in his opinion ought to be so added or removed.
In this section and section 78 above, “building society”, “dividend”, “government stock”, “stock” and “unit trust” have the same meanings as in the Charging Orders Act 1979.
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Where— the High Court may, on an application by the prosecutor, exercise the powers conferred by subsections (2) to (6) below.
a confiscation order is made;
the order is not subject to appeal; and
the proceedings in which it was made have not been concluded,
The court may appoint a receiver in respect of realisable property.
The court may empower a receiver appointed under subsection (2) above, under section 77 above or in pursuance of a charging order—
to enforce any charge imposed under section 78 above on realisable property or on interest or dividends payable in respect of such property; and
in relation to any realisable property other than property for the time being subject to a charge under section 78 above, to take possession of the property subject to such conditions or exceptions as may be specified by the court.
The court may order any person having possession of realisable property to give possession of it to any such receiver.
The court may empower any such receiver to realise any realisable property in such manner as the court may direct.
The court may order any person holding an interest in realisable property to make such payment to the receiver in respect of any beneficial interest held by the defendant or, as the case may be, the recipient of a gift caught by this Part of this Act as the court may direct and the court may, on the payment being made, by order transfer, grant or extinguish any interest in the property.
Subsections (4) to (6) above do not apply to property for the time being subject to a charge under section 78 above.
The court shall not in respect of any property exercise the powers conferred by subsection (3)(a), (5) or (6) above unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court.
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Subject to subsection (2) below, the following sums in the hands of a receiver appointed under this Part of this Act or in pursuance of a charging order, that is— shall first be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under section 87(2) below and then shall, after such payments (if any) as the High Court may direct have been made out of those sums, be applied on the defendant’s behalf towards the satisfaction of the confiscation order.
the proceeds of the enforcement of any charge imposed under section 78 above;
the proceeds of the realisation, other than by the enforcement of such a charge, of any property under section 77 or 80 above; and
any other sums, being property held by the defendant;
If, after the amount payable under the confiscation order has been fully paid, any such sums remain in the hands of such a receiver, the receiver shall distribute them— as the High Court may direct after giving a reasonable opportunity for such persons to make representations to the court.
among such of those who held property which has been realised under this Part of this Act, and
in such proportions,
The receipt of any sum by a justices' clerk on account of an amount payable under a confiscation order shall reduce the amount so payable, but the justices' clerk shall apply the money received for the purposes specified in this section and in the order so specified.
The justices' clerk shall first pay any expenses incurred by a person acting as an insolvency practitioner and payable under section 87(2) below but not already paid under subsection (1) above.
If the money was paid to the justices' clerk by a receiver appointed under this Part of this Act or in pursuance of a charging order, the justices' clerk shall next pay the receiver’s remuneration and expenses.
After making— the justices' clerk shall reimburse any amount paid under section 88(2) below.
any payment required by subsection (4) above; and
in a case to which subsection (5) above applies, any payment required by that subsection,
The justices' clerk shall finally pay any compensation directed to be paid out of any sums recovered under the confiscation order under section 72(7) above.
Any balance in the hands of the justices' clerk after he has made all payments required by the foregoing provisions of this section shall be treated for the purposes of section 61 of the Justices of the Peace Act 1979 (application of fines, etc.) as if it were a fine imposed by a magistrates' court.
Where under subsection (3) above a sum falls to be applied in payment both of compensation and of other outgoings—
the person entitled to the compensation shall be liable to pay to the Secretary of State such an amount as bears to the remuneration or expenses the same proportion as the amount payable in accordance with the direction under section 72(7) above bears to the total amount payable under the confiscation order;
the justices' clerk shall deduct from the amount falling to be applied in payment of the compensation an amount equal to the amount of any liability arising by virtue of paragraph (a) above;
notwithstanding the deduction under paragraph (b) above, the person entitled to the compensation shall be treated as having received the whole amount which falls to be applied in payment of it; and
the amount deducted shall be treated for the purposes of section 61 of the Justices of the Peace Act 1979 as if it were a fine imposed by a magistrates' court.
In this section, “justices' clerk” has the same meaning as in the Justices of the Peace Act 1979.
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This section applies to the powers conferred on the High Court by sections 77 to 81 above or on the Court of Session by sections 90 to 92 below, or on a receiver appointed under this Part of this Act or in pursuance of a charging order.
Subject to the following provisions of this section, the powers shall be exercised with a view to making available for satisfying the confiscation order or, as the case may be, any confiscation order that may be made in the defendant’s case the value for the time being of realisable property held by any person by the realisation of such property.
In the case of realisable property held by a person to whom the defendant has directly or indirectly made a gift caught by this Part of this Act the powers shall be exercised with a view to realising no more than the value for the time being of the gift.
The powers shall be exercised with a view to allowing any person other than the defendant or the recipient of any such gift to retain or recover the value of any property held by him.
An order may be made or other action taken in respect of a debt owed by the Crown.
In exercising those powers, no account shall be taken of any obligations of the defendant or of the recipient of any such gift which conflict with the obligation to satisfy the confiscation order.
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If, on an application by the defendant in respect of a confiscation order, the High Court is satisfied that the realisable property is inadequate for the payment of any amount remaining to be recovered under the order the court shall issue a certificate to that effect, giving the court’s reasons.
For the purposes of subsection (1) above—
in the case of realisable property held by a person who has been adjudged bankrupt or whose estate has been sequestrated the court shall take into account the extent to which any property held by him may be distributed among creditors; and
the court may disregard any inadequacy in the realisable property which appears to the court to be attributable wholly or partly to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made a gift caught by this Part of this Act from any risk of realisation under this Part of this Act.
Where a certificate has been issued under subsection (1) above, the defendant may apply— for the amount to be recovered under the order to be reduced.
where the confiscation order was made by the Crown Court, to that court; and
where the confiscation order was made by a magistrates' court, to a magistrates' court for the same area,
The Crown Court shall, on an application under subsection (3) above—
substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case; and
substitute for the term of imprisonment or of detention fixed under subsection (2) of section 31 of the Powers of Criminal Courts Act 1973 in respect of the amount to be recovered under the order a shorter term determined in accordance with that section in respect of the lesser amount.
A magistrates' court shall, on an application under subsection (3) above, substitute for the amount to be recovered under the order such lesser amount as the court thinks just in all the circumstances of the case.
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Where a person who holds realisable property is adjudged bankrupt— is excluded from the bankrupt’s estate for the purposes of Part IX of the Insolvency Act 1986.
property for the time being subject to a restraint order made before the order adjudging him bankrupt, and
any proceeds of property realised by virtue of section 77(8) or 80(5) or (6) above for the time being in the hands of a receiver appointed under section 77 or 80 above,
Where a person has been adjudged bankrupt, the powers conferred on the High Court by sections 77 to 81 above or on a receiver so appointed or on the Court of Session by sections 90 to 92 below shall not be exercised in relation to—
property for the time being comprised in the bankrupt’s estate for the purposes of that Part of that Act;
property in respect of which his trustee in bankruptcy may (without leave of court) serve a notice under section 307 or 308 of that Act (after-acquired property and tools, clothes, etc. exceeding value of reasonable replacement); and
property which is to be applied for the benefit of creditors of the bankrupt by virtue of a condition imposed under section 280(2)(c) of that Act.
Nothing in that Act shall be taken as restricting, or enabling the restriction of, the exercise of those powers.
Subsection (2) above does not affect the enforcement of a charging order—
made before the order adjudging the person bankrupt; or
on property which was subject to a restraint order when the order adjudging him bankrupt was made.
Where, in the case of a debtor, an interim receiver stands appointed under section 286 of that Act and any property of the debtor is subject to a restraint order, the powers conferred on the receiver by virtue of that Act do not apply to property for the time being subject to the restraint order.
Where a person is adjudged bankrupt and has directly or indirectly made a gift caught by this Part of this Act—
no order shall be made under section 339 or 423 of that Act (avoidance of certain transactions) in respect of the making of the gift at any time when proceedings for an offence to which this Part of this Act applies have been instituted against him and have not been concluded or when property of the person to whom the gift was made is subject to a restraint order or charging order; and
any order made under either of those sections after the conclusion of the proceedings shall take into account any realisation under this Part of this Act of property held by the person to whom the gift was made.
In any case in which a petition in bankruptcy was presented, or a receiving order or adjudication in bankruptcy was made, before 29th December 1986 (the date on which the Insolvency Act 1986 came into force), this section shall have effect with the following modifications—
for references to the bankrupt’s estate for the purposes of Part IX of that Act there shall be substituted references to the property of the bankrupt for the purposes of the Bankruptcy Act 1914;
for references to the Act of 1986 and sections 280(2)(c), 286, 339 and 423 of that Act there shall be respectively substituted references to the Act of 1914 and to sections 26(2), 8, 27 and 42 of that Act;
the references in subsection (5) to an interim receiver appointed as there mentioned include, where a receiving order has been made, a reference to the receiver constituted by virtue of section 7 of the Act of 1914; and
subsection (2)(b) shall be omitted.
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Where the estate of a person who holds realisable property is sequestrated— is excluded from the debtor’s estate for the purposes of the Bankruptcy (Scotland) Act 1985.
property for the time being subject to a restraint order made before the award of sequestration, and
any proceeds of property realised by virtue of section 77(8) or 80(5) or (6) above for the time being in the hands of a receiver appointed under section 77 or 80 above,
Where an award of sequestration has been made, the powers conferred on the High Court by sections 77 to 81 above or on a receiver so appointed or on the Court of Session by sections 90 to 92 below shall not be exercised in relation to— and it shall not be competent to submit a claim in relation to the confiscation order to the permanent trustee in accordance with section 48 of that Act.
property comprised in the whole estate of the debtor within the meaning of section 31(8) of that Act, and
any income of the debtor which has been ordered, under subsection (2) of section 32 of that Act, to be paid to the permanent trustee or any estate which, under subsection (6) of that section, vests in the permanent trustee
Nothing in that Act shall be taken as restricting, or enabling the restriction of, the exercise of those powers.
Subsection (2) above does not affect the enforcement of a charging order—
made before the award of sequestration; or
on property which was subject to a restraint order when the award of sequestration was made.
Where, during the period before sequestration is awarded, an interim trustee stands appointed under the proviso to section 13(1) of that Act and any property in the debtor’s estate is subject to a restraint order, the powers conferred on the trustee by virtue of that Act do not apply to property for the time being subject to the restraint order.
Where the estate of a person is sequestrated and he has directly or indirectly made a gift caught by this Part of this Act—
no decree shall be granted under section 34 or 36 of that Act (gratuitous alienations and unfair preferences) in respect of the making of the gift at any time when proceedings for an offence to which this Part of this Act applies have been instituted against him and have not been concluded or when property of the person to whom the gift was made is subject to a restraint order or charging order, and
any decree made under either of those sections after the conclusion of the proceedings shall take into account any realisation under this Act of property held by the person to whom the gift was made.
In any case in which, notwithstanding the coming into force of the Bankruptcy (Scotland) Act 1985, the Bankruptcy (Scotland) Act 1913 applies to a sequestration, subsection (2) above shall have effect as if for paragraphs (a) and (b) thereof there were substituted the following paragraphs—;
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Where realisable property is held by a company and an order for the winding up of the company has been made or a resolution has been passed by the company for the voluntary winding up, the functions of the liquidator (or any provisional liquidator) shall not be exercisable in relation to—
property for the time being subject to a restraint order made before the relevant time, and
any proceeds of property realised by virtue of section 77(8) or 80(5) or (6) above for the time being in the hands of a receiver appointed under section 77 or 80 above.
Where, in the case of a company, such an order has been made or such a resolution has been passed, the powers conferred on the High Court by sections 77 to 80 above or on a receiver so appointed or on the Court of Session by sections 90 to 92 below shall not be exercised in relation to any realisable property held by the company in relation to which the functions of the liquidator are exercisable—
so as to inhibit him from exercising those functions for the purpose of distributing any property held by the company to the company’s creditors; or
so as to prevent the payment out of any property of expenses (including the remuneration of the liquidator or any provisional liquidator) properly incurred in the winding up in respect of the property.
Nothing in the Insolvency Act 1986 shall be taken as restricting, or enabling the restriction of, the exercise of those powers.
Subsection (2) above does not affect the enforcement of a charging order made before the relevant time or on property which was subject to a restraint order at the relevant time.
For the purposes of the application of Parts IV and V of the Insolvency Act 1986 (winding up of registered companies and winding up of unregistered companies) to a company which the Court of Session has jurisdiction to wind up, a person is not a creditor in so far as any sum due to him by the company is due in respect of a confiscation order.
In this section—
“public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise;
In any case in which a winding up of a company commenced or is treated as having commenced before 29th December 1986, this section shall have effect with the substitution for references to the Insolvency Act 1986 of references to the Companies Act 1985.
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Without prejudice to the generality of any enactment contained in the Insolvency Act 1986 or in any other Act, where— he shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence in so acting; and a person so acting shall have a lien on the property, or the proceeds of its sale, for such of his expenses as were incurred in connection with the liquidation, bankruptcy or other proceedings in relation to which the seizure or disposal purported to take place and for so much of his remuneration as may reasonably be assigned for his acting in connection with those proceedings.
any person acting as an insolvency practitioner seizes or disposes of any property in relation to which his functions are not exercisable because it is for the time being subject to a restraint order; and
at the time of the seizure or disposal he believes, and has reasonable grounds for believing, that he is entitled (whether in pursuance of an order of the court or otherwise) to seize or dispose of that property,
Any person who, acting as an insolvency practitioner, incurs expenses— shall be entitled (whether or not he has seized or disposed of that property so as to have a lien under that subsection) to payment of those expenses under section 81(1) or (4) above.
in respect of such property as is mentioned in paragraph (a) of subsection (1) above and in so doing does not know and has no reasonable grounds to believe that the property is for the time being subject to a restraint order; or
other than in respect of such property as is so mentioned, being expenses which, but for the effect of a restraint order, might have been met by taking possession of and realising the property,
In this Part of this Act the expression “acting as an insolvency practitioner” shall be construed in accordance with section 388 (interpretation) of the said Act of 1986 except that for the purposes of such construction the reference in subsection (2)(a) of that section to a permanent or interim trustee in a sequestration shall be taken to include a reference to a trustee in sequestration and subsection (5) of that section (which provides that nothing in the section is to apply to anything done by the official receiver) shall be disregarded; and the expression shall also comprehend the official receiver acting as receiver or manager of the property.
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Where a receiver appointed under this Part of this Act or in pursuance of a charging order takes any action— he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.
in relation to property which is not realisable property, being action which he would be entitled to take if it were such property;
believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property,
Any amount due in respect of the remuneration and expenses of a receiver so appointed shall, if no sum is available to be applied in payment of it under section 81(5) above, be paid by the prosecutor or, in a case where proceedings for an offence to which this Part of this Act applies are not instituted, by the person on whose application the receiver was appointed.
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If proceedings are instituted against a person for an offence or offences to which this Part of this Act applies and either—
the proceedings do not result in his conviction for any such offence, or
where he is convicted of one or more such offences— the High Court may, on an application by a person who held property which was realisable property, order compensation to be paid to the applicant if, having regard to all the circumstances, it considers it appropriate to make such an order.
the conviction or convictions concerned are quashed, or
he is pardoned by Her Majesty in respect of the conviction or convictions concerned,
The High Court shall not order compensation to be paid in any case unless the court is satisfied—
that there has been some serious default on the part of a person concerned in the investigation or prosecution of the offence concerned, being a person mentioned in subsection (5) below; and
that the applicant has suffered loss in consequence of anything done in relation to the property by or in pursuance of an order under this Part of this Act.
The Court shall not order compensation to be paid in any case where it appears to the Court that the proceedings would have been instituted or continued even if the serious default had not occurred.
The amount of compensation to be paid under this section shall be such as the High Court thinks just in all the circumstances of the case.
Compensation payable under this section shall be paid—
where the person in default was or was acting as a member of a police force, out of the police fund out of which the expenses of that police force are met;
where the person in default was a member of the Crown Prosecution Service or acting on behalf of the service, by the Director of Public Prosecutions;
where the person in default was a member of the Serious Fraud Office, by the Director of that Office;
where the person in default was an officer within the meaning of the Customs and Excise Management Act 1979, by the Commissioners of Customs and Excise; and
where the person in default was an officer of the Commissioners of Inland Revenue, by those Commissioners.
An order to which this section applies shall, subject to this section and section 91 below, have effect in the law of Scotland but shall be enforced in Scotland only in accordance with this section and that section.
A receiver’s functions under or for the purpose of section 77, 80 or 81 above shall, subject to this section and section 91 below, have effect in the law of Scotland.
If an order to which this section applies is registered under this section— as if the order had originally been made in that Court.
the Court of Session shall have, in relation to its enforcement, the same power;
proceedings for or with respect to its enforcement may be taken; and
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
Nothing in this section enables any provision of an order which empowers a receiver to do anything in Scotland under section 80(3)(a) above to have effect in the law of Scotland.
The orders to which this section applies are orders of the High Court— but not including an order in proceedings for enforcement of any such order.
made under section 77, 78 or 81 above;
relating to the exercise by that Court of its powers under those sections; or
relating to receivers in the performance of their functions under any of them,
References in this section to an order under section 77 above include references to a discharge under section 76(4) above of such an order.
In this section and in sections 91 and 93 below, “order” means any order, direction or judgment by whatever name called.
Nothing in any order of the High Court under section 80(6) above prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.
The Court of Session shall, on application made to it in accordance with rules of court for registration of an order to which section 90 above applies, direct that the order shall, in accordance with such rules, be registered in that Court.
Subsections (1) and (3) of that section and subsection (1) above are subject to any provision made by rules of court—
as to the manner in which and conditions subject to which orders to which that section applies are to be enforced in Scotland;
for the sisting of proceedings for enforcement of such an order;
for the modification or cancellation of the registration of such an order if the order is modified or revoked or ceases to have effect.
This section and that section are without prejudice to any enactment or rule of law as to the effect of notice or the want of it in relation to orders of the High Court.
The Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 (extended power to order inspection of documents, etc.) in relation to proceedings brought or likely to be brought under this Part of this Act in the High Court as if those proceedings had been brought or were likely to be brought in the Court of Session.
The Court of Session may, additionally, for the purpose of— make such orders and do otherwise as seems to it appropriate.
assisting the achievement in Scotland of the purposes of orders to which section 90 above applies,
assisting receivers performing functions thereunder or for the purposes of section 77, 80 or 81 above,
Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under subsection (1)(a) above as that section applies to an inhibition by separate letters or contained in a summons.
In the application of section 158 of the said Act of 1868 (recall of inhibition) to such inhibition as is mentioned in subsection (2) above, references in that section to a particular Lord Ordinary shall be construed as references to any Lord Ordinary.
Any power of the Court of Session to recall, loose or restrict inhibitions or arrestments shall, in relation to an inhibition or arrestment proceeding upon a warrant under this section and without prejudice to any other consideration lawfully applying to the exercise of the power, be exercised with a view to achieving the purposes specified in section 80 above.
That an inhibition or arrestment has been executed under subsection (1) above in respect of property shall not prejudice the exercise of a receiver’s powers under or for the purposes of section 77, 80 or 81 above in respect of that property.
No inhibition or arrestment executed under subsection (1) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such inhibition or arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall—
apply for the recall, or as the case may be restriction, of the inhibition or arrestment accordingly; and
ensure that recall, or restriction, of an inhibition on such application is reflected in the register of inhibitions and adjudications.
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Her Majesty may by Order in Council provide that for the purposes of sections 76 to 89 above, this Part of this Act shall have effect as if—
references to confiscation orders included a reference to orders made by courts in Northern Ireland which appear to Her Majesty to correspond to confiscation orders;
references to proceedings in England and Wales or to the institution or conclusion in England and Wales of proceedings included a reference to proceedings in Northern Ireland or to the institution or conclusion in Northern Ireland of proceedings, as the case may be; and
the references to the laying of an information in section 76(2) and (4) above included references to making a complaint under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981.
An Order in Council under this section may provide for those sections to have effect in relation to anything done or to be done in Northern Ireland subject to such further modifications as may be specified in the Order.
An Order in Council under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.
An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
Her Majesty may by Order in Council provide that for the purposes of any part of the law of Northern Ireland which appears to Her Majesty to correspond to this Part of this Act sections 90 to 93 above shall have effect as they have effect for the purposes of this Part subject to such modifications as may be specified in the Order.
An Order in Council under this section may contain such incidental, consequential and transitional provisions as Her Majesty considers expedient.
An Order in Council under this section shall not be made unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
Her Majesty may by Order in Council—
direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Part of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;
make— as appears to Her Majesty to be expedient; and
such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;
such provision as to evidence or proof of any matter for the purposes of this section and section 97 below; and
such incidental, consequential and transitional provision,
without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.
In this Part of this Act— “modifications” includes additions, alterations and omissions.
“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—
of recovering—
property obtained as a result of or in connection with conduct corresponding to an offence to which this Part of this Act applies; or
the value of property so obtained; or
of depriving a person of a pecuniary advantage so obtained; and
An Order in Council under this section may make different provision for different cases or classes of case.
The power to make an Order in Council under this section includes power to modify this Part of this Act in such a way as to confer power on a person to exercise a discretion.
An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
On an application made by or on behalf of the government of a designated country, the High Court may register an external confiscation order made there if—
it is satisfied that at the time of registration the order is in force and not subject to appeal;
it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
In subsection (1) above “appeal” includes—
any proceedings by way of discharging or setting aside a judgment; and
an application for a new trial or a stay of execution.
The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.
Where a person discloses to a constable— the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by contract.
a suspicion or belief that any property—
has been obtained as a result of or in connection with the commission or an offence to which this Part of this Act applies; or
derives from property so obtained; or
any matter on which such a suspicion or belief is based,
In subsection (1) above “constable” includes a police officer engaged on central service (as defined in section 43(5) of the Police Act 1964).
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The Police and Criminal Evidence Act 1984 shall be amended as follows.
In section 56(5A) (which authorises delay in notifying arrest for a drug trafficking offence)—
after the word “offence”, in the second place where it occurs, there shall be inserted the words “or an offence to which Part VI of the Criminal Justice Act 1988 applies (offences in respect of which confiscation orders under that Part may be made)”; and
the following paragraphs shall be substituted for paragraphs (a) and (b)—
In section 58(8A) (which authorises delay in access to legal advice on arrest for a drug trafficking offence)—
after the word “offence”, in the second place where it occurs, there shall be inserted the words “or an offence to which Part VI of the Criminal Justice Act 1988 applies”; and
the following paragraphs shall be substituted for paragraphs (a) and (b)—
Without prejudice to section 20(2) of the Interpretation Act 1978, the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 shall apply to sections 56 and 58 of the Police and Criminal Evidence Act 1984 as those sections have effect by virtue of this section.
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The Chief Land Registrar (in this section referred to as “the registrar”) shall, on an application under subsection (2) or (4) below made in relation to a person specified in the application or to property so specified, provide the applicant with any information kept by the registrar under the Land Registration Act 1925 which relates to the person or property so specified.
An application may be made by— and on an application under this subsection an appropriate certificate shall be given to the registrar.
any police officer not below the rank of superintendent;
any Crown Prosecutor; or
any member of the Serious Fraud Office designated for the purposes of section 1 of the Criminal Justice Act 1987; or
any person commissioned by the Commissioners of Customs and Excise not below the rank of senior executive officer; or
any person authorised in that behalf by the Commissioners of Inland Revenue not below the rank of senior executive officer;
In subsection (2) above “appropriate certificate” means a certificate—
that a person specified in the certificate has committed or that there are reasonable grounds for suspecting that a person so specified has committed an offence to which this Part of this Act applies; and
that there are reasonable grounds for suspecting that there is information kept by the registrar which is likely to be of substantial value (whether by itself or together with other information) to an investigation into whether the person so specified has benefited from the commission of the offence or in facilitating the recovery of the value of the property obtained by that person from or in connection with the offence.
An application may be made by a receiver appointed under this Part of this Act and on an application under this subsection there shall be given to the registrar—
a document certified by the proper officer of the court to be a true copy of the order appointing the receiver; and
a certificate that there are reasonable grounds for suspecting that there is information kept by the registrar which is likely to facilitate the exercise of the powers conferred on the receiver in respect of the person or property specified in the application.
The reference in subsection (1) above to the provision of information is a reference to its provision in documentary form.
The references to senior executive officers in subsection (2) above include references to equivalent departmental grades.
This section shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.
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The power to make a criminal bankruptcy order which section 39 of the Powers of Criminal Courts Act 1973 confers on the Crown Court is abolished.
Nothing in subsection (1) above—
shall affect any criminal bankruptcy order made before this section comes into force; or
shall prevent the taking of any step following such an order.
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In this Part of this Act—
The expressions listed in the left-hand column below are respectively defined or (as the case may be) fall to be construed in accordance with the provisions of this Act listed in the right-hand column in relation to those expressions. Expression Relevant provision Benefited from an offence Section 71(4) Charging order Section 78(2) Confiscation order Section 71(9)(a) Dealing with property Section 77(9) Defendant Section 71(9)(d) Gift caught by this Part of this Act Section 74(10) Making a gift Section 74(12) Offence to which this Part of this Act applies Section 71(9)(c) Realisable property Section 74(1) Restraint order Section 77(1) Value of gift Section 74(7) and (8) Value of property Section 74(4) to (6)
This Part of this Act applies to property wherever situated.
References in this Part of this Act to offences include a reference to offences committed before the commencement of this Part of this Act; but nothing in this Part of this Act confers any power on any court in connection with proceedings against a person for an offence instituted before the commencement of this Part of this Act.
References in this Part of this Act to property obtained, or to a pecuniary advantage derived, in connection with the commission of an offence include a reference to property obtained or to a pecuniary advantage derived, both in that connection and in some other connection.
The following provisions shall have effect for the interpretation of this Part of this Act.
Property is held by any person if he holds any interest in it.
References to property held by a person include a reference to property vested in his trustee in bankruptcy, permanent or interim trustee within the meaning of the Bankruptcy (Scotland) Act 1985 or liquidator.
References to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.
Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
Proceedings for an offence are instituted— and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of that offence;
when a person is charged with the offence after being taken into custody without a warrant;
when a bill of indictment is preferred under section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 in a case falling within paragraph (b) of subsection (2) of that section;
Proceedings are concluded—
when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings;
on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).
An order is subject to appeal 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.
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The amendments of the Drug Trafficking Offences Act 1986 specified in Part I of Schedule 5 to this Act (which make certain provisions of that Act correspond to provisions of this Part of this Act) shall have effect.
The amendments of the Criminal Justice (Scotland) Act 1987 specified in Part II of that Schedule shall also have effect.
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At the end of subsection (1) of section 35 of the Powers of Criminal Courts Act 1973 there shall be added the words “or to make payments for funeral expenses or bereavement in respect of a death resulting from any such offence, other than a death due to an accident arising out of the presence of a motor vehicle on a road; and a court shall give reasons, on passing sentence, if it does not make such an order in a case where this section empowers it to do so”.
The following subsections shall be substituted for subsection (3) of that section—.
The following subsections shall be substituted for section 41(8) of the Administration of Justice Act 1970—.
The following section shall be inserted after section 43 of the Powers of Criminal Courts Act 1973—.
The Criminal Injuries Compensation Board (“the Board”) shall by that name be a body corporate.
The Board shall administer the scheme for the payment of compensation for criminal injuries established by the following provisions of this Part of this Act (in this Act referred to as “the scheme”) and shall be responsible for determining claims for compensation under the scheme and for paying compensation due under it.
Schedule 6 to this Act shall have effect with respect to the Board and Schedule 7 shall have effect with respect to the scheme.
In this Part of this Act “criminal injury” means any personal injury caused by—
conduct constituting—
an offence which is specified in subsection (3) below; or
an offence which is not so specified but which requires proof of intent to cause death or personal injury or recklessness as to whether death or personal injury is caused; or
any of the following activities— and “personal injury” includes any disease, any harm to a person’s physical or mental condition and pregnancy.
the apprehension or attempted apprehension of an offender or suspected offender;
the prevention or attempted prevention of the commission of an offence; or
assisting a constable engaged in any of the activities mentioned in sub-paragraph (i) or (ii) above;
Harm to a person’s mental condition is only a criminal injury if it is attributable—
to his having been put in fear of immediate physical injury to himself or another; or
to his being present when another sustained a criminal injury other than harm to his mental condition.
The offences mentioned in subsection (1)(a)(i) above are—
rape;
assault;
an offence which falls to be charged as arson;
wilful fireraising;
any offence under section 2 (causing explosion likely to endanger life or property) or 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) of the Explosive Substances Act 1883;
an offence under section 16 (possession of firearm with intent to injure), 17 (use of firearm to resist arrest), 18 (carrying firearm with criminal intent), 19 (carrying firearm in a public place) or 20 (trespassing with firearm) of the Firearms Act 1968;
an offence under section 1 (riot), 2 (violent disorder) or 3 (affray) of the Public Order Act 1986;
mobbing;
kidnapping;
false imprisonment;
abduction;
trespass on a railway; and
any attempt to commit an offence mentioned in this subsection.
For the purposes of this Part of this Act, a person’s conduct shall be treated as constituting an offence notwithstanding that he may not be convicted of the offence by reason of age, insanity or diplomatic immunity.
Compensation for a criminal injury shall only be payable under this Part of this Act if the injury is a qualifying injury.
A criminal injury is only a qualifying injury if it is sustained—
in Great Britain;
within the limits of the territorial waters adjacent to the United Kingdom;
on board a British ship, a British aircraft or a British hovercraft;
on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation; or
on, under or above any waters in respect of which an Order in Council made under section 23 of the Oil and Gas (Enterprise) Act 1982 provides that questions arising from acts or omissions on, under or above such waters are to be determined in accordance with the law of England and Wales or the law of Scotland.
In subsection (2) above—
a secure training centre, and
a person is brought before a magistrates’ court on a charge of an offence against section 5(2) of the Misuse of Drugs Act 1971 or a drug trafficking offence; and
the court has power to remand him,
“British ship” means—
The references to Her Majesty’s aircraft, hovercraft and ships in subsection (3) above are references to aircraft, hovercraft or ships which belong to, or are exclusively used in the service of, Her Majesty in right of the government of the United Kingdom.
Where any injury which is a criminal injury by virtue of section 109(1)(a) above is sustained by a person not under the age of 18 years who, when he sustains the injury, is living in the same household as the person or, if more than one, any of the persons, responsible for causing it, that injury is not a qualifying injury unless—
the Board are satisfied in relation to the person responsible for causing the injury or, where more than one person is responsible for causing it, each of the persons responsible who was living in the same household as the person injured when the injury was sustained—
that he has been prosecuted in connection with the injury; or
that there is a sufficient reason why he has not been prosecuted; and
the Board are satisfied—
that the person injured has ceased to live, and does not intend to live again, in the same household as the person responsible for causing the injury or, where more than one person is responsible for causing it, any of the persons responsible who was living in the same household as the person injured when the injury was sustained; or
that the person injured has not so ceased to live but that the reason why he has not so ceased to live is that circumstances prevent him from doing so.
Where a person accidentally sustains an injury which is a criminal injury only by virtue of section 109(1)(b) above, that injury is not a qualifying injury unless the Board are satisfied that the risk he was taking when he was injured was an exceptional risk which was justified in all the circumstances.
Where any criminal injury is sustained in circumstances such that compensation in respect of the injury is payable— that injury is not a qualifying injury.
under any policy of insurance maintained in pursuance of Part VI of the Road Traffic Act 1972 (compulsory insurance in relation to the use of a motor vehicle on a road); or
under any arrangements for the compensation of victims of uninsured or unidentified drivers to which the Secretary of State is a party;
Any reference in this section to a person who is responsible for causing an injury includes, where the injury is a criminal injury by virtue of an offence, a reference to any person who is a party to the commission of that offence.
An award of compensation may be made— and in this subsection “satisfies” means satisfies on a balance of probabilities.
to any person who satisfies the Board that he has sustained a qualifying injury;
to any person who satisfies the Board that he is a dependant of a person who died after sustaining a qualifying injury (whether or not he died as a result of it);
The heads of compensation are those specified in subsections (3) to (6) below.
An award may be made under subsection (1)(a) above— but compensation shall only be payable under paragraph (b) above if he relied on the property as a physical aid and for damage only if the damage impaired the utility of the property as a physical aid and shall only be for the cost of replacing it with other property of equal utility as a physical aid or carrying out repairs to restore its utility as a physical aid.
for the injury; and
for any loss of or damage to property of the claimant which occurred in the course of his sustaining the injury,
If a person dies as a result of a qualifying injury—
an award of compensation for funeral expenses may be made to any person other than a public authority but shall not exceed a reasonable amount;
where a claim falls to be determined in accordance with the rules of the law of England and Wales, an award of compensation for bereavement may be made to any person falling within section 1A(2) of the Fatal Accidents Act 1976;
where a claim falls to be determined in accordance with the rules of the law of Scotland, an award of compensation for loss of society may be made to any person who is a member of the deceased’s immediate family within the meaning of section 10(2) of the Damages (Scotland) Act 1976; and
an award may be made to a dependant of the deceased (whether or not an award is made to him or to any other person under paragraph (a), (b) or (c) above) in respect of any loss of support suffered by the dependant.
Subject to subsection (8) below, if a person who has sustained a qualifying injury dies otherwise than as a result of it, the Board may award compensation to a dependant of his in respect of any loss which he has suffered by reason—
of any reduction in earnings (not being prospective earnings) by the deceased; and
of any expenses and liabilities incurred by the deceased as a result of the injury.
If— the Board shall award her the additional statutory sum in respect of each child so conceived that she then intends to keep.
a woman is awarded compensation for rape; and
she has given birth to a child conceived as a result of the rape; and
at the time of the award she intends to keep the child,
The Board may make an interim award, but without prejudice to their powers on a final determination.
If a person who has sustained a qualifying injury dies otherwise than as a result of it, the Board may not award compensation to a dependant of his if before he died he became entitled, otherwise than on an interim award, to a payment of compensation in respect of it.
If— any compensation awarded to the dependant shall be reduced by the amount of the compensation to payment of which the deceased was entitled; and proportionate reductions shall be made on awards to two or more dependants.
a deceased person was entitled to payment of compensation for an injury; and
a claim for compensation for the same injury is made by one of his dependants,
Where a person has been awarded compensation by the Board in respect of a qualifying injury sustained by him, he may be awarded further compensation in respect of the injury if the Board are satisfied—
that since the date of the previous award his medical condition has deteriorated as a result of having sustained the injury; and
that the extent to which his condition has so deteriorated is such that it would be unjust not to make an award of further compensation to him in respect of the injury.
In this Part of this Act—
“visiting force” means any body, contingent or detachment of the forces of a country—
The Secretary of State may by order made by statutory instrument substitute a different sum for the sum specified in subsection (11) above.
A statutory instrument containing an order under subsection (12) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
It is for the claimant to satisfy the Board, on a balance of probabilities— and if a claimant fails so to satisfy the Board, they may, if they think fit, refuse an award or award less than they would otherwise have awarded.
that he took all reasonable steps within a reasonable time to inform the police, or such other authority as the Board consider appropriate, of the circumstances of the injury to which the claim relates and that he has co-operated fully with the police, or with such other authority as the Board consider appropriate, in bringing to justice any person responsible for causing the injury;
that he has given the Board, or such other authority as the Board consider appropriate, all the assistance in connection with the claim which it is reasonable for him to give; and
that there is no possibility that a person responsible for causing the injury will benefit from an award,
The Board may also, if they think fit, refuse an award or award less than they would otherwise have awarded because of any of the following—
criminal convictions or unlawful conduct of the claimant;
conduct on his part connected with the injury.
The references to convictions and conduct in subsection (2) above are references to convictions and conduct at any time, including a time after the injury.
Where the person who sustained the injury is dead, the references to the claimant in subsections (1)(a) and (b) and (2) above shall include references to the person who sustained that injury.
Where an injury which is a criminal injury by virtue of section 109(1)(a) above is sustained by a person who, when he sustained it— the Board shall consider whether, in all the circumstances, it is in the interest of the person who sustained the injury to make an award of compensation to him and shall not make an award unless they are satisfied that it is in his interest.
was under the age of 18 years; and
was living in the same household as the person or, if more than one, any of the persons, responsible for causing it,
If the Board have determined a claim after hearing, an appeal on any ground which involves a question of law alone shall lie—
to the High Court if they determined it under the law of England and Wales; and
to the Court of Session if they determined it under the law of Scotland.
No appeal to the Court of Appeal shall be brought from a decision of the High Court under this section except with the leave of the High Court or the Court of Appeal.
An appeal shall lie, with the leave of the Court of Session or the House of Lords, from any decision of the Court of Session under this section, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine.
The Secretary of State may by order provide that the Board shall not make any award of compensation, other than an award in respect of funeral expenses, which is less than the minimum amount specified in the order.
An order under this section may make different provision for different cases or classes of case.
An order under this section shall be made by statutory instrument.
A statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where— proceedings may be brought by the Board in a county court for an order for the repayment by the offender to the Board of the whole of the award or such part of it as the court thinks fit.
a person has been convicted in England or Wales of an offence; and
the Board have made an award of compensation in respect of an injury which is a criminal injury by virtue of the offence,
The Board shall only make an application for an order under subsection (1) above if they have reason to believe that the offender is able to pay the whole or a substantial part of the award.
In considering whether to make an order under subsection (1) above, the court shall have regard to the financial position of the offender and to such other matters (not including the question whether he was properly convicted) as the court considers relevant.
Where after an award of compensation under this Part of this Act has been made to a person he receives any payment which, had he received it before the making of the award, would, under any provision contained in Schedule 7 to this Act, have led to any reduction in the amount of compensation payable to him he shall be liable to repay to the Board a sum equal to the amount of that reduction.
The Board may set-off any sum owed to them by any person by virtue of subsection (4) above against any compensation under this Part of this Act to which that person is or becomes entitled.
Where by virtue of any order under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders against convicted persons) compensation is required to be paid for any personal injury, loss or damage which the Board are satisfied has been the subject of compensation under this Part of this Act, they may by notice require the magistrates' court for the time being having functions in relation to the enforcement of that order to pay to them any amount recovered in pursuance of that order in respect of any such personal injury, loss or damage.
Where any person has been convicted in Scotland of an offence and the Board have made an award of compensation in respect of an injury which is a criminal injury by virtue of the offence, the sheriff may, on a summary application made by the Board, require the offender to reimburse to the Board the whole or any specified part of the award.
In considering whether to make an order under subsection (1) above the sheriff shall have regard to the financial position of the offender and to such other matters (not including the question whether he was properly convicted) as the sheriff considers relevant.
The Board shall only make an application for an order under subsection (1) above if they have reason to believe that the offender is able to pay the whole or a substantial part of the award.
Section 115(4) and (5) above shall have effect in relation to Scotland.
Where by virtue of an order under section 58 of the Criminal Justice (Scotland) Act 1980 (compensation orders against convicted persons) compensation is required to be paid for any personal injury, loss or damage for which the person in whose favour the order is made has been compensated by an award under this Part of this Act, the Board may by notice require the clerk of the court having power to enforce the order to pay to them any amount recovered in pursuance of the order in respect of any such personal injury, loss or damage.
The right to challenge jurors without cause in proceedings for the trial of a person on indictment is abolished.
In addition and without prejudice to any powers which the Crown Court may possess to order the exclusion of the public from any proceedings a judge of the Crown Court may order that the hearing of a challenge for cause shall be in camera or in chambers.
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In section 1 of the Juries Act 1974 (qualification for jury service) for “sixty-five” there shall be substituted “seventy”.
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)—
The following section shall be inserted after section 9 of the Juries Act 1974—.
In section 16(2) of the Juries Act 1974 (cases where trial not to proceed on death or discharge of juror without assent of prosecution and accused) the words “for murder or shall cease to have effect.
Where an accused pleads autrefois acquit or autrefois convict it shall be for the judge, without the presence of a jury, to decide the issue.
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The amendments and transitional provisions in Schedule 8 to this Act shall have effect.
In each of sections 207 and 415 of the Criminal Procedure (Scotland) Act 1975 for subsections (5) to (10) there shall be substituted the following subsection—.
Subject to subsection (3) below, in any enactment—
for a reference to a detention centre there shall be substituted a reference to a young offenders institution; and
for a reference (however expressed) to a detention centre order there shall be substituted a reference to a sentence of detention in a young offenders institution.
Nothing in subsection (2) above applies—
to section 21 of the Firearms Act 1968;
to Part I of Schedule I to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980;
to section 41(2) of the Criminal Justice (Scotland) Act 1980.
The amendments and transitional provisions in Schedule 9 to this Act shall have effect.
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The sections set out in Part I of Schedule 10 to this Act shall be substituted for section 12 of the Children and Young Persons Act 1969.
The Act shall in consequence have effect with the amendments specified in Part II of that Schedule.
Section 15 shall also have effect with the amendments specified in Part III.
The section set out in Part IV shall be inserted after section 16.
At the end of section 67(1A) of the Criminal Justice Act 1967 there shall be added the wordsor— .
This section shall not have effect in relation to any sentence imposed before it comes into force.
In section 3 of the Bail Act 1976 (grant of bail) the following subsection shall be inserted after subsection (6)—.
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Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.
No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.
For the purposes of subsection (1), there has been a miscarriage of justice in relation to a person convicted of a criminal offence in England and Wales or, in a case where subsection (6H) applies, Northern Ireland, if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence (and references in the rest of this Part to a miscarriage of justice are to be construed accordingly).
The question whether there is a right to compensation under this section shall be determined by the Secretary of State.
If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.
But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.
In this section “reversed” shall be construed as referring to a conviction having been quashed—
on an appeal out of time; or
on a reference—
under the Criminal Appeal Act 1995; or
under section 194B of the Criminal Procedure (Scotland) Act 1995 (c. 46);
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on an appeal under section 7 of the Terrorism Act 2000; or
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on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011; or
on an appeal under Schedule 4 to the Counter-Terrorism and Security Act 2015; or
For the purposes of this section and section 133A a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.
Schedule 12 shall have effect.
Section 133A applies in relation to the assessment of the amount of the compensation.
on an appeal under section 33D or Schedule 9 to the National Security Act 2023.
But in a case where— the conviction is not to be treated for the purposes of this section as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.
a person's conviction for an offence is quashed on an appeal out of time, and
the person is to be subject to a retrial,
In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates' court by the Crown Court under section 48(2)(b) of the Senior Courts Act 1981.
Subject to what follows, in the application of this section in relation to a person (“P”) convicted in Northern Ireland of a criminal offence, in subsections (1) to (4) any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.
If P is pardoned, subsection (6A) applies only if the pardon is a devolved pardon.
Subsections (6D) to (6H) apply if—
P’s conviction is reversed or P is given a devolved pardon,
an application for compensation is made in relation to P’s conviction,
the application is made before the end of the period mentioned in subsection (2) or, if it is made after the end of that period, the Department of Justice gives a direction under subsection (2A), and
the Department of Justice has reason to believe that protected information may be relevant to the application (for example, because the court which quashed P’s conviction did not make public (in whole or in part) its reasons for quashing P’s conviction).
The Department of Justice must refer the application to the Secretary of State who must then take a view as to whether or not any protected information is relevant to the application.
If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly.
If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—
the protected information, or
a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.
If the Secretary of State refers the application back to the Department of Justice under subsection (6F), the Secretary of State must provide the Department with either—
the protected information, or
a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.
If the Secretary of State is not required to refer the application back to the Department of Justice—
subsections (3) and (4) apply to the application ignoring subsection (6A), and
any compensation payable on the application is payable by the Secretary of State.
In this section “protected information” means information the disclosure of which may be against the interests of national security.
In this section “devolved pardon” means—
a pardon given after the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 in the exercise of powers under section 23(2) of the Northern Ireland Act 1998;
a pardon given before the coming into force of that Order which, had it been given after the coming into force of that Order, would have had to have been given in the exercise of powers under section 23(2) of the 1998 Act (ignoring article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010).
The pardons covered by subsection (6J)(a) include pardons given in reliance on article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.
Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.
The Scottish Ministers may by order provide for—
further circumstances in respect of which a person (or, if dead, the person's representatives) may be paid compensation for a miscarriage of justice,
circumstances in respect of which a person (or, if dead, the person's representatives) may be paid compensation for wrongful detention prior to acquittal or a decision by the prosecutor to take no proceedings (or to discontinue proceedings).
No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State.
Such an application requires to be made within the period of 3 years starting with—
in the case of compensation under subsection (1), the date on which the conviction is reversed or (as the case may be) the person is pardoned,
in the case of compensation under subsection (1A), whichever is relevant of—
that date, or
the date on which the person is acquitted or the relevant decision is made known to the person.
The Scottish Ministers may accept such an application outwith that time limit if they think it is appropriate in exceptional circumstances to do so.
The question whether there is a right to compensation under this section shall be determined by the Secretary of State.
If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.
In assessing so much of any compensation payable under this section to or in respect of a person as is attributable to suffering, harm to reputation or similar damage, the assessor shall have regard in particular to—
the seriousness of the offence of which the person was convicted and the severity of the punishment resulting from the conviction;
the seriousness of the offence with which the person was charged or detained (but in respect of which offence the person was not convicted);
the conduct of the investigation and prosecution of the offence; and
any other convictions of the person and any punishment resulting from them.
The assessor must also have particular regard to any guidance issued by the Scottish Ministers for the purposes of this section.
In this section “reversed” shall be construed as referring to a conviction having been quashed (or set aside)—
on an appeal out of time; ...
on a reference—
under the Criminal Appeal Act 1995; ...
under section 194B of the Criminal Procedure (Scotland) Act 1995 (c. 46);
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on an appeal under section 7 of the Terrorism Act 2000; ...
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under section 188(1)(b) of the Criminal Procedure (Scotland) Act 1995 ; ...
on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011. or
on an appeal under Schedule 4 to the Counter-Terrorism and Security Act 2015; or
on an appeal under section 33D or Schedule 9 to the National Security Act 2023.
For the purposes of this section a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.
For the purposes of this section, a person suffers punishment as a result of conviction also where (in relation to the conviction) the court imposes some other disposal including by way of—
making a probation order, or
discharging the person absolutely.
Schedule 12 shall have effect.
The power to make an order under subsection (1A) is exercisable by statutory instrument.
A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.
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.
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—
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
the conduct of the investigation and prosecution of the offence.
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—
any conduct of the person appearing to the assessor to have directly or indirectly caused, or contributed to, the conviction concerned; and
any other convictions of the person and any punishment suffered as a result of them.
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.
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—
£1 million in a case to which section 133B applies, and
£500,000 in any other case.
In the case of compensation payable by the Secretary of State, the overall compensation limit for the purposes of subsection (5) is—
£1,300,000 in a case to which section 133B applies, and
£650,000 in any other case.
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.
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.
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.
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).
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).
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).
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.
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— as mentioned in section 133(1).
the conviction is reversed, or
the pardon is given,
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—
by virtue of a sentence passed in respect of the relevant offence,
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
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.
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—
in qualifying detention, and
in excluded concurrent detention.
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—
during the term of a sentence passed in respect of an offence other than the relevant offence,
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
as a result of P's having been remanded in custody in connection with an offence for which P was subsequently convicted other than—
the relevant offence, or
any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.
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.
In this section—
If, as a result of the miscarriage of justice—
two or more convictions are reversed, or
a pardon is given in respect of two or more offences, “ the relevant offence ” means any of the offences concerned.
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.
In relation to Northern Ireland, “ remanded in custody ” means—
remanded in or committed to custody by an order of a court, or
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.
A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.
A person not falling within subsection (1) above commits the offence of torture, whatever his nationality, if—
in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence—
of a public official; or
of a person acting in an official capacity; and
the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.
It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission.
It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority, justification or excuse for that conduct.
For the purposes of this section “lawful authority, justification or excuse” means—
in relation to pain or suffering inflicted in the United Kingdom, lawful authority, justification or excuse under the law of the part of the United Kingdom where it was inflicted;
in relation to pain or suffering inflicted outside the United Kingdom—
if it was inflicted by a United Kingdom official acting under the law of the United Kingdom or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;
if it was inflicted by a United Kingdom official acting under the law of any part of the United Kingdom or by a person acting in an official capacity under such law, lawful authority, justification or excuse under the law of the part of the United Kingdom under whose law he was acting; and
in any other case, lawful authority, justification or excuse under the law of the place where it was inflicted.
A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.
Proceedings for an offence under section 134 above shall not be begun—
in England and Wales, except by, or with the consent of, the Attorney General; or
in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.
Torture shall be deemed to be included in the list of extradition crimes contained in Schedule 1 to the Extradition Act 1870.
For the purposes of the Extradition Act 1870 any act or omission, wherever committed, which constitutes torture and a corresponding offence against the law of any State in the case of which the Extradition Act 1870 has been applied by an Order in Council under section 2 of that Act shall be deemed to be an offence committed within the jurisdiction of that State.
The provisions of this Act mentioned in subsection (1) above are—
section 1(1) to (8);
sections 3 to 10; and
sections 12 to 18.
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.
For the purposes of the provisions of this Act 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 constitutes— shall be deemed to be an offence committed within the territory of that State.
an offence mentioned in subsection (1) above; and
an offence against the law of that State,
In this section “the Torture Convention” means the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10th December 1984.
Her Majesty may by Order in Council make provision for extending sections 134 and 135 above, with such modifications and exceptions as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.
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Sections 19 and 20 above shall extend to section 137 above.
Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
for use at work;
for religious reasons; or
as part of any national costume.
A person guilty of an offence under subsection (1) above shall be liable-
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.
In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
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.
This section shall not have effect in relation to anything done before it comes into force.
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In section 1 of the Police and Criminal Evidence Act 1984 (powers of constable to stop and search)—
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in subsection (2)(a), after the word “articles”; and
at the end of subsection (3);
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the following subsection shall be inserted after subsection (8)—.
In section 5(2)(a)(ii) of that Act (annual reports to contain total numbers of searches for offensive weapons) after the word “weapons" there shall be inserted the words “or articles to which section 1(8A) above applies".
Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.
Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.
This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.
It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
for use at work;
for religious reasons; or
as part of any national costume.
A person guilty of an offence under subsection (1) shall be liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.
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.
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In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
This section shall not have effect in relation to anything done before it comes into force.
Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon 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 to a fine not exceeding level 5 on the standard scale or both.
The Secretary of State may by order made by statutory instrument direct that this section shall apply to any description of weapon specified in the order except—
any weapon subject to the Firearms Act 1968; and
crossbows.
Any person who possesses a weapon to which this section applies in private is guilty of an offence and liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;
on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 4 years, to a fine or to both.
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In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, subsection (1A)(a) has effect as if the reference to 51 weeks were to 6 months.
The importation of a weapon to which this section applies is hereby prohibited.
For the purposes of subsection (1A) as it has effect in relation to England and Wales, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—
a public place,
school premises,
further education premises, or
a prison.
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies— to show that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.
with an offence under subsection (1) or (1A) above; or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation),
For the purposes of subsection (1A) as it has effect in relation to Scotland, a person possesses a weapon to which this section applies in private if the person possesses the weapon on domestic premises.
In this section the reference to the Crown includes the Crown in right of Her Majesty’s Government in Northern Ireland; and which is present in the United Kingdom (including United Kingdom territorial waters) or in any place to which subsection (7) below applies on the invitation of Her Majesty’s Government in the United Kingdom.
mentioned in subsection (1)(a) of section 1 of the Visiting Forces Act 1952; or
designated for the purposes of any provision of that Act by Order in Council under subsection (2) of that section,
For the purposes of subsection (1A) as it has effect in relation to Northern Ireland, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—
a public place,
school premises, or
further education premises.
This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation.
In subsections (1C) to (1E)—
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies— to show that the conduct in question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies.
with an offence under subsection (1) above; or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
If the operator of, or a person acting on behalf of, a museum or gallery to which subsection (8) above applies is charged with hiring or lending a weapon to which this section applies, it shall be a defence for him to show that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.
Subsection (8) above applies to a museum or gallery only if it does not distribute profits.
In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.
This section shall not have effect in relation to anything done before it comes into force.
In the application of this section to Northern Ireland in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference to the Firearms Act 1968 shall be construed as a reference to the Firearms (Northern Ireland) Order 2004.
It is a defence for a person charged with an offence under subsection (1A) to show that the weapon in question is one of historical importance.
It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery.
It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question for educational purposes only.
It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies— to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).
with an offence under subsection (1) above, or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question only for one or more of the purposes specified in subsection (11B).
Those purposes are—
the purposes of theatrical performances and of rehearsals for such performances;
the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act);
the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act).
For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (7A), (8), (8A), (9), (11ZA), (11A) or (11AA) if—
sufficient evidence of that matter is adduced to raise an issue with respect to it; and
the contrary is not proved beyond a reasonable doubt.
The Secretary of State may by order made by statutory instrument—
provide for exceptions and exemptions from the offence under subsection (1) or (1A) above or from the prohibition in subsection (4) above; and
provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order.
A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
An order under this section which has the effect that possession in private of a weapon of a particular description is, or is to become, an offence under subsection (1A) may make provision—
enabling arrangements to be made for the surrender of weapons of that description;
as to the procedure to be followed in relation to the surrender of such weapons;
for the payment of compensation in respect of weapons surrendered in accordance with the arrangements;
as to the requirements that must be met by a person making a claim for compensation;
as to the procedure to be followed in respect of a claim and for the determination of a claim;
enabling a person to exercise a discretion in determining whether to make a payment in response to a claim and the amount of such a payment.
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.
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.
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.
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—
for use at work,
for educational purposes,
for religious reasons, or
as part of any national costume.
A person guilty of an offence under subsection (1) or (2) is liable—
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;
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;
on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.
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.
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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.
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—
in relation to land in England and Wales, section 4 of the Education Act 1996;
in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).
In this section and section 139B “further education premises” means—
in relation to England and Wales, land used solely for the purposes of— excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;
an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or
a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),
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.
In the application of this section to Northern Ireland—
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
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.
If on an application made by a constable a justice of the peace (including, in Scotland, the sheriff) is satisfied that there are reasonable grounds for believing— he may issue a warrant authorising a constable to enter and search the premises.
that there are on premises specified in the application—
knives such as are mentioned in section 1(1) of the Restriction of Offensive Weapons Act 1959; or
weapons to which section 141 above applies; and
that an offence under section 1 of the Restriction of Offensive Weapons Act 1959 or section 141 above has been or is being committed in relation to them; and
that any of the conditions specified in subsection (3) below applies,
A constable may seize and retain anything for which a search has been authorised under subsection (1) above.
The conditions mentioned in subsection (1)(c) above are—
that it is not practicable to communicate with any person entitled to grant entry to the premises;
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the knives or weapons to which the application relates;
that entry to the premises will not be granted unless a warrant is produced;
that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
Subsection (1)(a)(i) shall be omitted in the application of this section to Northern Ireland.
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.
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.
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.
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—
for use at work,
for educational purposes,
for religious reasons, or
as part of any national costume.
A person guilty of an offence under subsection (1) or (2) shall be liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.
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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.
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 Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.
In the application of this section to Northern Ireland—
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
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A person is guilty of an offence if that person—
has an article to which this section applies with him or her in a public place or on school premises,
unlawfully and intentionally threatens another person (“A”) with the article, and
does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
A person is guilty of an offence if that person—
has an article to which this section applies with them on further education premises,
unlawfully and intentionally threatens another person (“A”) with the article, and
does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.
In relation to a public place this section applies to an article to which section 139 applies.
In relation to school premises this section applies to each of these—
an article to which section 139 applies;
an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.
In relation to further education premises this section applies to each of these—
an article to which section 139 applies;
an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.
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In this section—
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.
For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.
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In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (6)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
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If on a person's trial for an offence under this section (whether on indictment or not) the person is found not guilty of that offence but it is proved that the person committed an offence under section 139 or 139A, the person may be convicted of the offence under that section.
A constable may enter school premises or further education premises and search those premises and any person on those premises for— if he has reasonable grounds for suspecting that an offence under section 139Aor 139AA of this Act is being, or has been, committed.
any article to which section 139 of this Act applies, or
any offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,
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.
The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.
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., and
the reference in subsection (1) to section 139AA is omitted.
Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence and liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.
The Secretary of State may by order made by statutory instrument direct that this section shall apply to any description of weapon specified in the order except—
any weapon subject to the Firearms Act 1968; and
crossbows.
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The importation of a weapon to which this section applies is hereby prohibited.
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies— to show that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.
with an offence under subsection (1) above; or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation),
In this section the reference to the Crown includes the Crown in right of Her Majesty’s Government in Northern Ireland; and which is present in the United Kingdom (including United Kingdom territorial waters) or in any place to which subsection (7) below applies on the invitation of Her Majesty’s Government in the United Kingdom.
mentioned in subsection (1)(a) of section 1 of the Visiting Forces Act 1952; or
designated for the purposes of any provision of that Act by Order in Council under subsection (2) of that section,
This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation.
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies— to show that the conduct in question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies.
with an offence under subsection (1) above; or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
If a person acting on behalf of a museum or gallery to which subsection (8) above applies is charged with hiring or lending a weapon to which this section applies, it shall be a defence for him to show that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.
Subsection (8) above applies to a museum or gallery only if it does not distribute profits.
In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.
It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies— to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).
with an offence under subsection (1) above, or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
Those purposes are—
the purposes of theatrical performances and of rehearsals for such performances;
the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act);
the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act).
For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) if—
sufficient evidence of that matter is adduced to raise an issue with respect to it; and
the contrary is not proved beyond a reasonable doubt.
The Secretary of State may by order made by statutory instrument—
provide for exceptions and exemptions from the offence under subsection (1) above or from the prohibition in subsection (4) above; and
provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order.
A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.
This section shall not have effect in relation to anything done before it comes into force.
In the application of this section to Northern Ireland in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference to the Firearms Act 1968 shall be construed as a reference to the Firearms (Northern Ireland) Order 2004.
In the application of this section to Northern Ireland, the power under subsection (11D) above to provide by order— is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).
for exceptions and exemptions from the offence under subsection (1) above; and
for it to be a defence in proceedings for such an offence to show the matters specified or described in the order,
Any power of the Department of Justice in Northern Ireland to make an order under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).
No order shall be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (16) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon 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 to a fine not exceeding level 5 on the standard scale or both.
Any person who possesses a weapon to which this section applies in private is guilty of an offence and liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;
on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;
on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 4 years, to a fine or to both.
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, subsection (1A)(a) has effect as if the reference to 51 weeks were to 6 months.
For the purposes of subsection (1A) as it has effect in relation to England and Wales, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—
a public place,
school premises,
further education premises, or
a prison.
For the purposes of subsection (1A) as it has effect in relation to Scotland, a person possesses a weapon to which this section applies in private if the person possesses the weapon on domestic premises.
For the purposes of subsection (1A) as it has effect in relation to Northern Ireland, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—
a public place,
school premises, or
further education premises.
In subsections (1C) to (1E)—
The Secretary of State may by order made by statutory instrument direct that this section shall apply to any description of weapon specified in the order except—
any weapon subject to the Firearms Act 1968; and
crossbows.
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The importation of a weapon to which this section applies is hereby prohibited.
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies— to show that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.
with an offence under subsection (1) or (1A) above; or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation),
In this section the reference to the Crown includes the Crown in right of Her Majesty’s Government in Northern Ireland; and which is present in the United Kingdom (including United Kingdom territorial waters) or in any place to which subsection (7) below applies on the invitation of Her Majesty’s Government in the United Kingdom.
mentioned in subsection (1)(a) of section 1 of the Visiting Forces Act 1952; or
designated for the purposes of any provision of that Act by Order in Council under subsection (2) of that section,
This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation.
It is a defence for a person charged with an offence under subsection (1A) to show that the weapon in question is one of historical importance.
It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies— to show that the conduct in question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies.
with an offence under subsection (1) above; or
with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery.
If the operator of, or a person acting on behalf of, a museum or gallery to which subsection (8) above applies is charged with hiring or lending a weapon to which this section applies, it shall be a defence for him to show that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.
Subsection (8) above applies to a museum or gallery only if it does not distribute profits.
In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.
It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question for educational purposes only.
Subject to subsection (11C), where a person is charged with an offence under subsection (1) or (1A) above in respect of conduct of his relating to a weapon to which this section applies, it shall be a defence to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).
It is a defence for a person charged with an offence under subsection (1A) to show that the person possessed the weapon in question only for one or more of the purposes specified in subsection (11B).
Those purposes are—
the purposes of theatrical performances and of rehearsals for such performances;
the production of films (as defined in section 5B of the Copyright, Designs and Patents Act 1988 (c. 48));
the production of television programmes (as defined in section 405(1) of the Communications Act 2003 (c. 21)).
Where— subsection (11A) does not apply unless the condition in subsection (11D) is satisfied.
a person is charged with an offence under subsection (1) above in respect of conduct of his relating to a weapon to which this section applies (a “relevant weapon”), and
the relevant weapon is one the importation of which is prohibited,
The condition is that there is in force as respects Scotland provision to the effect that it is a defence for a person (“A”) charged with a relevant offence in respect of A's conduct relating to a relevant weapon to show that A's conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).
In subsection (11D), “relevant offence” means an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (c. 2) (penalty for improper importation of goods).
For the purposes of this section, a person shall be taken to have shown a matter specified in subsection (5), (7A), (8), (8A), (9), (11ZA), (11A) or (11AA) above if—
sufficient evidence of the matter is adduced to raise an issue with respect to it; and
the contrary is not proved beyond a reasonable doubt.
The Scottish Ministers may by order made by statutory instrument modify the application of this section in relation to any description of weapon specified in the order.
An order under subsection (11G) may make different provision for different purposes.
A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
This section shall not have effect in relation to anything done before it comes into force.
An order under this section which has the effect that possession in private of a weapon of a particular description is, or is to become, an offence under subsection (1A) may make provision—
enabling arrangements to be made for the surrender of weapons of that description;
as to the procedure to be followed in relation to the surrender of such weapons;
for the payment of compensation in respect of weapons surrendered in accordance with the arrangements;
as to the requirements that must be met by a person making a claim for compensation;
as to the procedure to be followed in respect of a claim and for the determination of a claim;
enabling a person to exercise a discretion in determining whether to make a payment in response to a claim and the amount of such a payment.
In the application of this section to Northern Ireland in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference to the Firearms Act 1968 shall be construed as a reference to the Firearms (Northern Ireland) Order 2004.
This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.
The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.
The Scottish Ministers may in particular—
provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;
increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—
on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;
on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;
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.
In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—
the granting, and revocation, by them of authorisations in relation to the acquisition of swords;
enabling them to specify conditions in such authorisations;
requiring persons to whom authorisations are granted to comply with such conditions;
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.
Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.
The penalty is— or both.
imprisonment for a term not exceeding 12 months; or
a fine not exceeding level 5 on the standard scale,
The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).
The importation of an offensive weapon is prohibited, subject to section 141ZC.
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.
The Secretary of State may not specify any of the following under subsection (2)—
a weapon subject to the Firearms Act 1968;
a crossbow.
Orders under this section are to be made by statutory instrument.
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.
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.
The importation of a weapon is not prohibited by section 141ZB if one of the following exceptions applies.
Exception 1 is that the weapon is imported for the purposes only of functions carried out on behalf of—
the Crown, or
a visiting force.
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.
Exception 3 is that the weapon is imported for the purposes only of making it available for one or more of the following—
theatrical performances;
rehearsals of theatrical performances;
the production of films;
the production of television programmes.
In subsection (4)—
The Secretary of State may by order provide for further exceptions from the prohibition on importation of weapons under section 141ZB.
Orders under this section are to be made by statutory instrument.
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.
Expressions used in this section and in section 141 have the same meaning in this section as in that section.
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.
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.
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.
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.
Subject to subsection (3) below, this section applies to—
any knife, knife blade or razor blade,
any axe, and
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.
This section does not apply to any article described in—
section 1 of the Restriction of Offensive Weapons Act 1959, or
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an order made by the Secretary of State under this section.
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.
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.
Subject to subsection (3A) belowAny person who sellsor lets on hire 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.
Subject to subsection (3) below, this section applies to—
any knife, knife blade or razor blade,
any axe, . . .
any sword; and
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.
This section does not apply to any article described in—
section 1 of the Restriction of Offensive Weapons Act 1959, or
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an order made by the Secretary of State under this section.
Except where section 141C applies, it is not an offence under subsection (1) to sell or let on hirea knife or knife blade to a person if—
the person is aged 16 or over; and
the knife or blade is designed for domestic use.
Except where section 141C applies, it is a defence for a person charged with an offence under subsection (1) (referred to in this section as “ the accused ”) to show that—
the accused believed the person to whom the article was sold or let on hire (referred to in this section as “ the purchaser or hirer ”) to be of or above the relevant age, and
either—
the accused had taken reasonable steps to establish the purchaser or hirer's age, or
no reasonable person could have suspected from the purchaser or hirer's appearance that the purchaser or hirer was aged under the relevant age.
For the purposes of subsection (4)(b)(i), the accused is to be treated as having taken reasonable steps to establish the purchaser or hirer's age if and only if—
the accused was shown any of the documents mentioned in subsection (4B), and
the document would have convinced a reasonable person.
Those documents are any document bearing to be—
a passport,
a UK driving licence,
a European Union photocard driving licence, or
such other document, or a document of such other description, as the Scottish Ministers may by order prescribe.
In subsection (4), “the relevant age” is—
in the case where the article is a knife or knife blade designed for domestic use, 16 years, and
in any other case, 18 years.
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.
This section applies if—
a person (“the seller”) is charged with an offence under section 141A (sale of bladed articles to persons under 18), and
the seller was not in the presence of the person (“the buyer”) to whom the article to which the charge relates was sold at the time of the sale.
For the purposes of subsection (1)(b) the seller was not in the presence of the buyer at the time of the sale if—
where the seller is an individual, the seller or a person acting on the seller's behalf was not in the presence of the buyer at that time;
where the seller is not an individual, a person acting on the seller's behalf was not in the presence of the buyer at that time.
The seller is not to be regarded as having proved that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence unless, as a minimum, they prove that the following conditions are met.
Condition A is that, at the time the offence is alleged to have been committed—
the seller operated a system for checking that persons who bought articles to which section 141A applied by the same or a similar method of purchase to that used by the buyer were not under the age of 18, and
that system was likely to prevent persons under the age of 18 from buying such articles by that method.
Condition B is that when the package containing the article was dispatched by the seller, it was clearly marked to indicate—
that it contained an article with a blade or which was sharply pointed (as the case may be), and
that, when finally delivered, it should only be delivered into the hands of a person aged 18 or over.
Condition C is that the seller took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of a person aged 18 or over.
Condition D is that the seller did not deliver the package, or arrange for its delivery, to a locker.
Where the article to which section 141A applied was dispatched by the seller to a place from which it was to be collected by the buyer or a person acting on behalf of the buyer, references in subsections (5) and (6) to the final delivery of the article are to be read as its supply to the buyer or a person acting on behalf of the buyer from that place.
In subsection (7) “locker” means a lockable container to which the package was delivered with a view to its collection by the buyer, or a person acting on behalf of the buyer, in accordance with arrangements made between the seller and the buyer.
This section applies if—
a person (“the accused”) is charged with an offence under section 141A (sale or letting on hire of bladed articles to persons under 18), and
the accused was not in the presence of the person (“the recipient”) to whom the article to which the charge relates was sold or let on hire at the time of the sale or letting on hire.
For the purposes of subsection (1)(b) the accused was not in the presence of the recipient at the time of the sale or letting on hire if—
where the accused is an individual, the accused or a person acting on the accused's behalf was not in the presence of the recipient at that time;
where the accused is not an individual, a person acting on the accused's behalf was not in the presence of the recipient at that time.
It is a defence for the accused to show that the conditions in subsections (5) to (8) are met.
The accused is to be taken to have shown a matter mentioned in subsections (5) to (8) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
Condition A is that, at the time the offence is alleged to have been committed—
the accused operated a system for checking that persons who bought or hired articles to which section 141A applied by the same or a similar method of purchase or hire to that used by the recipient were not under the age of 18, and
that system was likely to prevent persons under the age of 18 from buying or hiring such articles by that method.
Condition B is that when the package containing the article was dispatched by the accused, it was clearly marked to indicate—
that it contained an article with a blade or which was sharply pointed (as the case may be), and
that, when finally delivered, it should only be delivered into the hands of a person aged 18 or over.
Condition C is that the accused took all reasonable precautions and exercised all due diligence to ensure that, when finally delivered, the package would be delivered into the hands of a person aged 18 or over.
Condition D is that the accused did not deliver the package, or arrange for its delivery, to a locker.
Where the article to which section 141A applied was dispatched by the accused to a place from which it was to be collected by the recipient or a person acting on behalf of the recipient, references in subsections (6) and (7) to the final delivery of the article are to be read as its supply to the recipient, or a person acting on behalf of the recipient, from that place.
In subsection (8) “locker” means a lockable container to which the package was delivered with a view to its collection by the recipient, or a person acting on behalf of the recipient, in accordance with arrangements made between the accused and the recipient.
In subsection (1) of section 2 of the Criminal Justice Act 1987 (investigation powers of Director of Serious Fraud Office) after the word “above," there shall be inserted the words “or, on a request made by the Attorney General of the Isle of Man, Jersey or Guernsey, under legislation corresponding to that section and having effect in the Island whose Attorney General makes the request,".
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The Criminal Justice Act 1987 shall be amended as follows.
In section 4(1) (under which, on a notice of transfer in a fraud case, the functions of a magistrates' court, subject to certain exceptions, cease in relation to the case) after “5(3)” there shall be inserted “, (7A)”.
In section 5 (notices of transfer—procedure)—
in subsection (4), for the words “without the person charged” there shall be substituted the words “in relation to a person charged without his”;
in subsection (5)(a), for the word “charged” there shall be substituted the words “in question”;
in subsection (6)—
for the words “the person charged” there shall be substituted the words “a person to whom it relates”; and
for the words “examining justices” there shall be substituted the words “a magistrates' court”;
in subsection (7)—
for the word “charged” there shall be substituted the words “to whom the notice of transfer relates”; and
for the words “examining justices” there shall be substituted the words “a magistrates' court”;
in subsection (8)(b), for the words “whose written statement is tendered in evidence for the purposes of the notice of transfer” there shall be substituted the words “indicated in the notice of transfer as a proposed witness;” and
in subsection (9)(a)—
in sub-paragraph (i), for the words “the person charged” there shall be substituted the words “any person to whom the notice of transfer relates”; and
in sub-paragraph (ii), after the word “the”, in the second place where it occurs, there shall be inserted the words “place specified by the notice of transfer as the”.
The following subsection shall be inserted after section 5(7)—.
The following section shall be substituted for section 6—.
The words “or section 2 of the Criminal Justice Act 1987” shall be inserted—
in section 440 of the Companies Act 1985, after the words “that Act";
in section 8(1) of the Company Directors Disqualification Act 1986, after the words “the Financial Services Act 1986", in the second place where they occur; and
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Schedule 13 to this Act shall have effect in relation to evidence before certain service courts.
In section 54 of the Police and Criminal Evidence Act l984 (searches of detained persons)—
the following paragraph shall be substituted for subsection (1)(b)—; and
the following subsections shall be inserted after subsection (6)—.
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The following subsection shall be substituted for subsection (5) of section 64 of the Police and Criminal Evidence Act 1984 (destruction of fingerprints etc.)—.
The following subsections shall be inserted after subsection (6) of that section—.
At the end of section 114(2)(b) of the Police and Criminal Evidence Act 1984 there shall be added the wordsand .
If— he may be arrested without warrant by an officer of Customs and Excise.
a person—
has been released on bail in criminal proceedings for an offence falling within subsection (4) below; and
is under a duty to surrender into customs detention; and
an officer of Customs and Excise has reasonable grounds for believing that that person is not likely to surrender to custody,
A person arrested in pursuance of subsection (1) above shall be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace . . . .
In reckoning for the purposes of subsection (2) above any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
The offences that fall within this subsection are—
an offence against section 5(2) of the Misuse of Drugs Act 1971 (possession of controlled drugs);. . .
a drug trafficking offence.
a money laundering offence;
In this section and section 152 below “drug trafficking offence” means any offence which is specified in—
paragraph 1 of Schedule 2 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
so far as it relates to that paragraph, paragraph 10 of that Schedule.
In this section “money laundering offence” means any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act.
Subject—
This section does not apply where a charge is brought against a person under the age of 17.
In subsection (1) the power of a magistrates' court to remand a person to customs detention for a period not exceeding 192 hours includes power to commit the person to the custody of a constable to be detained for such a period.
In the application of this section to Northern Ireland, for the words from the beginning of subsection (1) above to “1976" there shall be substituted the words “Subject to subsection (2) below,".
In the application of this section to Northern Ireland, “drug trafficking offence" meansany offence which is specified in—
paragraph 1 of Schedule 5 to the Proceeds of Crime Act 2002 (drug trafficking offences), or
so far as it relates to that paragraph, paragraph 10 of that Schedule.
The following paragraph shall be inserted after paragraph 9 (decisions as to grant or refusal of bail) of Part I of Schedule 1 to the Bail Act 1976—.
The following new Part shall be inserted after Part II of Schedule 1 to the Bail Act 1976—.
The following section shall be inserted after section 128 of the Magistrates’ Courts Act 1980—.
After paragraph 9A of Schedule 1 to the Bail Act 1976 there shall be inserted—.
In paragraph (a) of section 48(2) of the Senior Courts Act 1981 (which sets out the powers of the Crown Court on the termination of the hearing of an appeal) for the words “the decision appealed against" there shall be substituted the words “any part of the decision appealed against, including a determination not to impose a separate penalty in respect of an offence".
The following section shall be substituted for section 20 of the Criminal Appeal Act 1968—.
The Sexual Offences (Amendment) Act 1976 shall be amended as follows.
The following subsections shall be substituted for subsection (1) of section 4 (anonymity of complainants in rape etc. cases)—.
The following subsections shall be inserted after subsection (5) of that section—.
In subsection (3) of that section—
the words “before the Crown Court at which a person is charged with a rape offence" and “relating to the complainant" shall cease to have effect; and
for the words “an acquittal of a defendant at" there shall be substituted the words “the outcome of".
Section 6 (anonymity of defendants in rape etc. cases) shall cease to have effect.
In section 7(2), in the definition of a “rape offence" , for the words “and incitement to rape" there shall be substituted the words, “incitement to rape, conspiracy to rape and burglary with intent to rape".
A person aggrieved may appeal to the Court of Appeal, if that court grants leave, against— and the decision of the Court of Appeal shall be final.
an order under section 4 or 11 of the Contempt of Court Act 1981 made in relation to a trial on indictment;
any order restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial; and
an order made by the Crown Court under section 39(7) or (8) of the Sentencing Code or section 58(7) or (8) of the Criminal Procedure and Investigations Act 1996 in a case where the Court has convicted a person on a trial on indictment;
any order restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings;
Subject to Rules of Court, the jurisdiction of the Court of Appeal under this section shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this section shall be construed as references to that division.
On an application for leave to appeal under this section a judge shall have power to give such directions as appear to him to be appropriate and, without prejudice to the generality of this subsection, power— and the Court of Appeal shall have the same powers as the single judge.
to order the production in court of any transcript or note of proceedings or other document;
to give directions as to persons who are to be parties to the appeal or who may be parties to it if they wish and as to service of documents on any person;
Subject to Rules of Court made by virtue of subsection (6) below, any party to an appeal under this section may give evidence before the Court of Appeal orally or in writing.
On the hearing of an appeal under this section the Court of Appeal shall have power—
to stay any proceedings in any other court until after the appeal is disposed of;
to confirm, reverse or vary the order complained of; and
to make such order as to costs as it thinks fit.
. . . Rules of Court may make in relation to trials satisfying specified conditions special provision as to the practice and procedure to be followed in relation to hearings in camera and appeals from orders for such hearings and may in particular, but without prejudice to the generality of this subsection, provide that subsection (4) above shall not have effect.
In the application of this section to Northern Ireland—
subsection (2) shall be omitted; and
in subsection (6), before “Rules of Court” there shall be inserted Without prejudice to the generality of sections 52 and 55 of the Judicature (Northern Ireland) Act 1978.
Subject to section 160A, it is an offence for a person to have any indecent photograph or pseudo-photographof a child . . . in his possession.
Where a person is charged with an offence under subsection (1) above, it shall be a defence for him to prove—
that he had a legitimate reason for having the photograph or pseudo-photograph in his possession; or
that he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent; or
that the photograph or pseudo-photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
A person shall be liable on summary conviction of an offence under this section to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale , or both.
A person shall be liable on conviction on indictment of an offence under this section to imprisonment for a term not exceeding five years or a fine, or both.
Sections 1(3), 2(3), 3 and 7 of the Protection of Children Act 1978 shall have effect as if any reference in them to that Act included a reference to this section.
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The following section shall be inserted after section 52 of the Civic Government (Scotland) Act 1982—.
Section 52A of that Act shall not have effect in relation to anything done before it comes into force.
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—
were married or civil partners of each other , or
lived together as partners in an enduring family relationship.
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—
were married or civil partners of each other , or
lived together as partners in an enduring family relationship.
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.
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.
The following section shall be inserted after section 16 of the Video Recordings Act 1984—.
The Justices of the Peace Act 1979 shall be amended as follows.
The following sections shall be inserted after section 24—.
The following section shall be inserted after section 36—.
Section 37 of the Justices of the Peace Act 1979 shall be amended as follows.
In paragraph (b) of subsection (1), after “such” insert “senior deputy chief clerks,”.
At the end of that subsection add “and, where there is only one, designate him”.
In subsection (3), after “clerks”, in the first place where it occurs, insert “senior deputy chief clerks”.
Section 14 of the Prosecution of Offences Act 1985 (control of certain fees and expenses etc. paid by Crown Prosecution Service) shall be amended as follows—
at the end of paragraph (b) of subsection (1) there shall be added the words “and, subject to subsection (1A) below, of any other person who in the opinion of the Service necessarily attends for the purpose of the case otherwise than to give evidence";
the following subsections shall be inserted after that subsection—; and
the following subsection shall be inserted after subsection (2)—.
In paragraph (a) of section 19(3) of that Act (regulations as to payment out of central funds) after the word “proceedings" there shall be inserted the words “, and any other person who in the opinion of the court necessarily attends for the purpose of the proceedings otherwise than to give evidence,".
The following subsection shall be inserted after that subsection—.
The amendments made by subsections (2) and (3) above shall be deemed to have come into force on 1st October 1986.
In Schedule 1 to the Criminal Justice Act 1987 (control of certain fees and expenses etc. paid by Serious Fraud Office)—
in sub-paragraph (1)(b) of paragraph 8, for the word “to" in the third place it occurs there shall be substituted the word “of"; and
the following sub-paragraph shall be inserted after sub-paragraph (4) of that paragraph—
The power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952 (acquisition of land for prisons) shall include and be deemed always to have included power to purchase easements and other rights over land, including easements and other rights not previously in existence.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of any provision of this Act to which this section applies—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House.
The provisions of this Act to which this section applies are— sections 23 to 27; section 28; sections 29 to 34; section 44(3) and (4); section 47; section 144; section 160.
There shall be paid out of money provided by Parliament—
any expenses incurred under this Act by a Minister of the Crown; and
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
The enactments mentioned in Schedule 15 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).
The enactments mentioned in Schedule 16 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule but subject to the Notes at the end of the Schedule.
Subject to the following provisions of this section, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this subsection for different provisions or different purposes of the same provision.
An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with any provision thereby brought into force . . ..
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The following provisions shall come into force on the day this Act is passed— section 66; section 67; section 103(1), so far as it relates— section 129; section 132, so far as it relates to the Local Government Finance Act 1982; section 141; section 142; section 143; section 144; section 149; section 166; section 167; section 168; section 169; subsection (1) of section 170, so far as relating to the following— section 112A(1) of the Land Registration Act 1925; the extension of references in the Children and Young Persons Act 1933 to the offences mentioned in Schedule 1 to that Act so as to include offences under Part I of the Child Abduction Act 1984; the Visiting Forces Act 1952; section 67(6) of the Criminal Justice Act 1967; section 29 of the Children and Young Persons Act 1969; section 6(1) of the Juries Act 1974; sections 171 and 368 of and Schedule 1 to the Criminal Procedure (Scotland) Act 1975; the Child Care Act 1980; sections 37 and 133 of the Magistrates’ Courts Act 1980; section 52(7) of the Civic Government (Scotland) Act 1982; the Criminal Justice Act 1982; the Police and Criminal Evidence Act 1984; the Prosecution of Offences Act 1985; the Criminal Justice Act 1987; the Criminal Justice (Scotland) Act 1987; subsection (2) of that section, so far as relating to the following— section 49 of the Criminal Justice Act 1967; section 29 of the Children and Young Persons Act 1969; the Criminal Justice Act 1987; this section; sections 172 and 173.
to the addition of two subsections at the end of section 8 of the Drug Trafficking Offences Act 1986;
to the insertion of a new subsection in section 24 of that Act; and
to the substitution of two new sections for section 26 of that Act;
The following provisions— section 44; section 45; section 46; section 47; section 48; section 58; section 64; section 68; section 69; section 134; section 135; section 136; section 137; section 138; section 139; section 140; section 158; sections 160 and 161; subsection (1) of section 170, so far as relating to the Sexual Offences (Amendment) Act 1976, the Protection of Children Act 1978 and section 6(5) of the Magistrates’ Courts Act 1980; subsection (2) of that section, so far as relating to the following— the Prevention of Corruption Act 1916; Schedule 3 to the Criminal Justice Act 1967; section 28(3) of the Criminal Justice Act 1972; the Sexual Offences (Amendment) Act 1976; the Protection of Children Act 1978; the Cable and Broadcasting Act 1984; section 24(2)(e) of the Police and Criminal Evidence Act 1984, shall come into force at the end of the period of two months beginning with the day this Act is passed.
Section 162 above shall come into force— whichever is the later.
on the day appointed under section 23(2) of the Video Recordings Act 1984 for the coming into force of the provisions of that Act not in force at the passing of this Act; or
on the passing of this Act,
Subject to the following provisions of this section, and to sections 19, 20 and 21 above, this Act extends to England and Wales only.
The following provisions extend also to Scotland— Part I; sections 44 to 48; section 50; section 57; section 63; section 68; section 76(3); section 77(10) and (11); section 82; sections 84 to 88; sections 93A to 93D; sections 93F and 93G section 94; section 102, so far as relating to other provisions of this Act extending to Scotland; sections 108 to 115 and 117; section 133; section 134; section 136; section 137; sections 141 141A and 142; section 143; section 145(a) and (b); section 162; section 170; section 171; this section; and section 173.
The following provisions extend also to Northern Ireland— Part I; Part IV; section 50; section 133; sections 133 to 133B, with the exception of paragraph 5(ba) of Schedule 12 which extends to England and Wales and Scotland only section 135; section 136; section 137; section 139; section 139A; section 139B; section 141; section 142; section 143; section 152; section 159; section 162; section 166(5); section 170; section 171; this section; and section 173;
The following provisions— section 56; sections 90 to 93; section 93E section 103(2); section 116; section 124; section 141ZA; section 141C; section 161; extend to Scotland only.
Section 95 above extends only to Scotland and Northern Ireland.
Sections 145(c), 149 and 168 and paragraph 5(bb), 5(bc) and 5(bd) of Schedule 12 above extend to Northern Ireland only.
Nothing in subsection (1) above affects the extent of section 146 or Schedule 13.
Subsection (7) above applies—
to section 50 above;
to section 146 above; and
to any other provision of this Act so far as it has effect in relation to courts-martial, the Courts-Martial Appeal Court or Standing Civilian Courts.
The Acts mentioned in subsection (7) above are—
the Army Act 1955;
the Air Force Act 1955;
the Naval Discipline Act 1957;
the Courts-Martial (Appeals) Act 1968; and
the Armed Forces Act 1976.
Section 158 above extends—
to Scotland, so far as it relates to courts-martial; and
to Northern Ireland, so far as it relates to courts-martial and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) of the Sexual Offences (Amendment) Act 1976 as adapted by section 5(1)(b) of that Act.
The extent of any amendment of an enactment in Schedule 15 to this Act is the same as that of the enactment amended, except that the amendments of the Offences against the Person Act 1861 do not extend to Northern Ireland.
The extent of any repeal of an enactment in Schedule 16 to this Act is the same as that of the enactment repealed, subject to the Notes at the end of the Schedule.
This Act may be cited as the Criminal Justice Act 1988.