Papua New Guinea - Third Agricultural Credit Project
Subject to the following provisions of this Part of this Act, if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either— he is guilty of conspiracy to commit the offence or offences in question.
will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or
would do so but for the existence of facts which render the commission of the offence or any of the offences impossible,
Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of the offence, a person shall nevertheless not be guilty of conspiracy to commit that offence by virtue of subsection (1) above unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence is to take place.
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In this Part of this Act “offence” means an offence triable in England and Wales . . ..
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A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence if he is an intended victim of that offence.
A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence or offences if the only other person or persons with whom he agrees are (both initially and at all times during the currency of the agreement) persons of any one or more of the following descriptions, that is to say—
his spouse or civil partner ;
a person under the age of criminal responsibility; and
an intended victim of that offence or of each of those offences.
A person is under the age of criminal responsibility for the purposes of subsection (2)(b) above so long as it is conclusively presumed, by virtue of section 50 of the Children and Young Persons Act 1933, that he cannot be guilty of any offence.
Where each of the following conditions is satisfied in the case of an agreement, this Part of this Act has effect in relation to the agreement as it has effect in relation to an agreement falling within section 1(1) above.
The first condition is that the pursuit of the agreed course of conduct would at some stage involve— intended to take place in a country or territory outside England and Wales .
an act by one or more of the parties, or
the happening of some other event,
The second condition is that that act or other event constitutes an offence under the law in force in that country or territory.
The third condition is that the agreement would fall within section 1(1) above as an agreement relating to the commission of an offence but for the fact that the offence would not be an offence triable in England and Wales if committed in accordance with the parties’ intentions.
The fourth condition is that—
a party to the agreement, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or
a party to the agreement became a party in England and Wales (by joining it either in person or through an agent), or
a party to the agreement, or a party’s agent, did or omitted anything in England and Wales in pursuance of the agreement.
In the application of this Part of this Act to an agreement in the case of which each of the above conditions is satisfied, a reference to an offence is to be read as a reference to what would be the offence in question but for the fact that it is not an offence triable in England and Wales.
Conduct punishable under the law in force in any country or territory is an offence under that law for the purposes of this section, however it is described in that law.
Subject to subsection (9) below, the second condition is to be taken to be satisfied unless, not later than rules of court may provide, the defence serve on the prosecution a notice—
stating that, on the facts as alleged with respect to the agreed course of conduct, the condition is not in their opinion satisfied,
showing their grounds for that opinion, and
requiring the prosecution to show that it is satisfied.
The court may permit the defence to require the prosecution to show that the second condition is satisfied without the prior service of a notice under subsection (8) above.
In the Crown Court the question whether the second condition is satisfied shall be decided by the judge alone, and shall be treated as a question of law for the purposes of—
section 9(3) of the Criminal Justice Act 1987 (preparatory hearing in fraud cases), and
section 31(3) of the Criminal Procedure and Investigations Act 1996 (preparatory hearing in other cases).
Any act done by means of a message (however communicated) is to be treated for the purposes of the fourth condition as done in England and Wales if the message is sent or received in England and Wales.
In any proceedings in respect of an offence triable by virtue of this section, it is immaterial to guilt whether or not the accused was a British citizen at the time of any act or other event proof of which is required for conviction of the offence.
References in any enactment, instrument or document (except those in this Part of this Act) to an offence of conspiracy to commit an offence include an offence triable in England and Wales as such a conspiracy by virtue of this section (without prejudice to subsection (6) above).
Nothing in this section applies to an agreement entered into before 4 September 1998.
In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(1) of the Coroners and Justice Act 2009, this section applies as if in subsection (2) for “England and Wales” there were substituted “ the United Kingdom ”.
Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
A person guilty by virtue of section 1 above of conspiracy to commit any offence or offences shall be liable on conviction on indictment— Paragraph (b) above shall not be taken as prejudicing the application of section 120 of the Sentencing Code (general power of court to fine offender convicted on indictment) in a case falling within subsection (2) or (3) below.
in a case falling within subsection (2) or (3) below, to imprisonment for a term related in accordance with that subsection to the gravity of the offence or offences in question (referred to below in this section as the relevant offence or offences); and
in any other case, to a fine.
Where the relevant offence or any of the relevant offences is an offence of any of the following descriptions, that is to say— the person convicted shall be liable to imprisonment for life.
murder, or any other offence the sentence for which is fixed by law;
an offence for which a sentence extending to imprisonment for life is provided; or
an indictable offence punishable with imprisonment for which no maximum term of imprisonment is provided,
Where in a case other than one to which subsection (2) above applies the relevant offence or any of the relevant offences is punishable with imprisonment, the person convicted shall be liable to imprisonment for a term not exceeding the maximum term provided for that offence or (where more than one such offence is in question) for any one of those offences (taking the longer or the longest term as the limit for the purposes of this section where the terms provided differ). In the case of an offence triable either way the references above in this subsection to the maximum term provided for that offence are references to the maximum term so provided on conviction on indictment.
Subject to subsection (2) below proceedings under section 1 above for conspiracy to commit any offence or offences shall not be instituted against any person except by or with the consent of the Director of Public Prosecutions if the offence or (as the case may be) each of the offences in question is a summary offence.
In relation to the institution of proceedings under section 1 above for conspiracy to commit— subsection (1) above shall have effect with the substitution of a reference to the Attorney General for the reference to the Director of Public Prosecutions.
an offence which is subject to a prohibition by or under any enactment on the institution of proceedings otherwise than by, or on behalf or with the consent of, the Attorney General, or
two or more offences of which at least one is subject to such a prohibition,
Any prohibition by or under any enactment on the institution of proceedings for any offence which is not a summary offence otherwise than by, or on behalf or with the consent of, the Director of Public Prosecutions or any other person shall apply also in relation to proceedings under section 1 above for conspiracy to commit that offence.
Where— proceedings under section 1 above for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.
an offence has been committed in pursuance of any agreement; and
proceedings may not be instituted for that offence because any time limit applicable to the institution of any such proceedings has expired,
Subject to subsection (6) below, no proceedings for an offence triable by virtue of section 1A above may be instituted except by or with the consent of the Attorney General.
The Secretary of State may by order provide that subsection (5) above shall not apply, or shall not apply to any case of a description specified in the order.
An order under subsection (6) above—
shall be made by statutory instrument, and
shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.
Subject to the following provisions of this section, the offence of conspiracy at common law is hereby abolished.
Subsection (1) above shall not affect the offence of conspiracy at common law so far as relates to conspiracy to defraud, . . . .
Subsection (1) above shall not affect the offence of conspiracy at common law if and in so far as it may be committed by entering into an agreement to engage in conduct which—
tends to corrupt public morals or outrages public decency; but
would not amount to or involve the commission of an offence if carried out by a single person otherwise than in pursuance of an agreement.
Subsection (1) above shall not affect— but a person convicted of conspiracy to trespass in any proceedings brought by virtue of paragraph (c) above shall not in respect of that conviction be liable to imprisonment for a term exceeding six months.
any proceedings commenced before the time when this Part of this Act comes into force;
any proceedings commenced after that time against a person charged with the same conspiracy as that charged in any proceedings commenced before that time; or
any proceedings commenced after that time in respect of a trespass committed before that time;
Sections 1 and 2 above shall apply to things done before as well as to things done after the time when this Part of this Act comes into force, but in the application of section 3 above to a case where the agreement in question was entered into before that time—
subsection (2) shall be read without the reference to murder in paragraph (a); and
any murder intended under the agreement shall be treated as an offence for which a maximum term of imprisonment of ten years is provided.
The rules laid down by sections 1 and 2 above shall apply for determining whether a person is guilty of an offence of conspiracy under any enactment other than section 1 above, but conduct which is an offence under any such other enactment shall not also be an offence under section 1 above.
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The fact that the person or persons who, so far as appears from the indictment on which any person has been convicted of conspiracy, were the only other parties to the agreement on which his conviction was based have been acquitted of conspiracy by reference to that agreement (whether after being tried with the person convicted or separately) shall not be a ground for quashing his conviction unless under all the circumstances of the case his conviction is inconsistent with the acquittal of the other person or persons in question.
Any rule of law or practice inconsistent with the provisions of subsection (8) above is hereby abolished.
In section 4 of the Offences against the Person Act 1861—
the words preceding “Whosoever” shall cease to have effect; and
for the words from “be kept” to “years” there shall be substituted the words “imprisonment for life”.
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Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—
there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
the person using or threatening the violence knows that that is the case.
Subject to subsection (1A) above, the fact that a person has any interest in or right to possession or occupation of any premises shall not for the purposes of subsection (1) above constitute lawful authority for the use or threat of violence by him or anyone else for the purpose of securing his entry into those premises.
Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.
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that at the time of the alleged offence he or any other person on whose behalf he was acting was a displaced residential occupier of the premises in question; or
that part of the premises in question constitutes premises of which he or any other person on whose behalf he was acting was a displaced residential occupier and that the part of the premises to which he was seeking to secure entry constitutes an access of which he or, as the case may be, that other person is also a displaced residential occupier.
It is immaterial for the purposes of this section—
whether the violence in question is directed against the person or against property; and
whether the entry which the violence is intended to secure is for the purpose of acquiring possession of the premises in question or for any other purpose.
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
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Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises..
Subject to the following provisions of this section and to section 12A(9) below, any person who is on any premises as a trespasser after having entered as such is guilty of an offence if he fails to leave those premises on being required to do so by or on behalf of—
a displaced residential occupier of the premises; or
an individual who is a protected intending occupier of the premises.
In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person requiring him to leave the premises was not a displaced residential occupier or protected intending occupier of the premises or a person acting on behalf of a displaced residential occupier or protected intending occupier.
he has in those premises a freehold interest or a leasehold interest with not less than 21 years still to run and he acquired that interest as a purchaser for money or money's worth ; and
he requires the premises for his own occupation as a residence; and
he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser ; and
he or a person acting on his behalf holds a written statement—
which specifies his interest in the premises ; and
which states that he requires the premises for occupation as a residence for himself; and
with respect to which the requirements in subsection (3) below are fulfilled.
In any proceedings for an offence under this section it shall be a defence for the accused to prove—
that the premises in question are or form part of premises used mainly for non-residential purposes; and
that he was not on any part of the premises used wholly or mainly for residential purposes.
Any reference in the preceding provisions of this section to any premises includes a reference to any access to them, whether or not any such access itself constitutes premises, within the meaning of this Part of this Act.
he has been authorised to occupy the premises as a residence by an authority to which this subsection applies ; and
he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser ; and
there has been issued to him by or on behalf of the authority referred to in paragraph (a) above a certificate stating that the authority is one to which this subsection applies, being of a description specified in the certificate, and that he has been authorised by the authority to occupy the premises concerned as a residence.
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
any body mentioned in section 14 of the Rent Act 1977 (1andlord's interest belonging to local authority etc.);
the Housing Corporation ; and
a housing association, within the meaning of section 189(1) of the Housing Act 1957, which is for the time being either registered in the register of housing associations established under section 13 of the Housing Act 1974 or specified in an order made by the Secretary of State under paragraph 23 of Schedule 1 to the Housing Rents and Subsidies Act 1975.
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Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises.
that the premises in question are or form part of premises used mainly for non-residential purposes ; and
that he was not on any part of the premises used wholly or mainly for residential purposes.
In any proceedings for an offence under subsection (1) above where the accused was requested to leave the premises by a person claiming to be or to act on behalf of a protected intending occupier of the premises—
it shall be a defence for the accused to prove that, although asked to do so by the accused at the time the accused was requested to leave, that person failed at that time to produce to the accused such a statement as is referred to in subsection (2)(d) above or such a certificate as is referred to in subsection (4)(c) above; and
any document purporting to be a certificate under subsection (4)(c) above shall be received in evidence and, unless the contrary is proved, shall be deemed to have been issued by or on behalf of the authority stated in the certificate.
Any reference in the preceding provisions of this section other than subsections (2) to (4) above, to any premises includes a reference to any access to them, whether or not any such access itself constitutes premises, within the meaning of this Part of this Act; and a person who is a protected intending occupier of any premises shall be regarded for the purposes of this section as a protected intending occupier also of any access to those premises.
A person guilty of an offence under subsection (1) or (3) above shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both.
A constable in uniform may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under subsection (1) above.
A person who is on any premises as a trespasser, after having entered as such, is guilty of an offence if, without lawful authority or reasonable excuse, he has with him on the premises any weapon of offence.
In subsection (1) above “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
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Subject to subsection (3) below, a person who enters or is on any premises to which this section applies as a trespasser is guilty of an offence.
This section applies to any premises which are or form part of—
the premises of a diplomatic mission within the meaning of the definition in Article 1(i) of the Vienna Convention on Diplomatic Relations signed in 1961 as that Article has effect in the United Kingdom by virtue of section 2 of and Schedule 1 to the Diplomatic Privileges Act 1964;
consular premises within the meaning of the definition in paragraph 1(j) of Article 1 of the Vienna Convention on Consular Relations signed in 1963 as that Article has effect in the United Kingdom by virtue of section 1 of and Schedule 1 to the Consular Relations Act 1968;
the premises of a closed diplomatic mission;
any other premises in respect of which any organisation or body is entitled to inviolability by or under any enactment; and
any premises which are the private residence of a diplomatic agent (within the meaning of Article 1(e) of the Convention mentioned in paragraph (a) above) or of any other person who is entitled to inviolability of residence by or under any enactment.
the premises of a closed consular post;
In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the premises in question were not premises to which this section applies.
In subsection (2) above—
“the premises of a closed diplomatic mission” means premises which fall within Article 45 of the Convention mentioned in subsection (2)(a) above (as that Article has effect in the United Kingdom by virtue of the section and Schedule mentioned in that paragraph); and
“the premises of a closed consular post” means premises which fall within Article 27 of the Convention mentioned in subsection (2)(b) above (as that Article has effect in the United Kingdom by virtue of the section and Schedule mentioned in that paragraph);
In any proceedings for an offence under this section a certificate issued by or under the authority of the Secretary of State stating that any premises were or formed part of premises of any description mentioned in paragraphs (a) to (d) of subsection (2) above at the time of the alleged offence shall be conclusive evidence that the premises were or formed part of premises of that description at that time.
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings for an offence under this section shall not be instituted against any person except by or with the consent of the Attorney General.
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Without prejudice to section 8(2) of the Sheriffs Act 1887 but subject to the following provisions of this section, a person is guilty of an offence if he resists or intentionally obstructs any person who is in fact an officer of a court engaged in executing any process issued by the High Court or the county court for the purpose of enforcing any judgment or order for the recovery of any premises or for the delivery of possession of any premises.
A person is guilty of an offence if he resists or intentionally obstructs any person who—
is an enforcement officer, or is acting under the authority of an enforcement officer; and
is engaged in executing a writ issued from the High Court.
Subsection (1) above does not apply unless the judgment or order in question was given or made in proceedings brought under any provisions of rules of court applicable only in circumstances where the person claiming possession of any premises alleges that the premises in question are occupied solely by a person or persons (not being a tenant or tenants holding over after the termination of the tenancy) who entered into or remained in occupation of the premises without the licence or consent of the person claiming possession or any predecessor in title of his.
In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person he was resisting or obstructing was not an enforcement officer, a person acting under the authority of an enforcement officer or an officer of a court (as the case may be) .
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
... an enforcement officer or any officer of a court may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under this section.
In this section— “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; “officer of a court” means—
any sheriff, under sheriff, deputy sheriff, bailiff or officer of a sheriff; and
any officer of the county court.
In this Part of this Act—
“premises” means any building, any part of a building under separate occupation, any land ancillary to a building, the site comprising any building or buildings together with any land ancillary thereto, and (for the purposes only of sections 10 and 11 above) any other place; and
“access” means, in relation to any premises, any part of any site or building within which those premises are situated which constitutes an ordinary means of access to those premises (whether or not that is its sole or primary use).
References in this section to a building shall apply also to any structure other than a movable one, and to any movable structure, vehicle or vessel designed or adapted for use for residential purposes; and for the purposes of subsection (1) above—
part of a building is under separate occupation if anyone is in occupation or entitled to occupation of that part as distinct from the whole; and
land is ancillary to a building if it is adjacent to it and used (or intended for use) in connection with the occupation of that building or any part of it.
Subject to subsection (4) below, any person who was occupying any premises as a residence immediately before being excluded from occupation by anyone who entered those premises, or any access to those premises, as a trespasser is a displaced residential occupier of the premises for the purposes of this Part of this Act so long as he continues to be excluded from occupation of the premises by the original trespasser or by any subsequent trespasser.
A person who was himself occupying the premises in question as a trespasser immediately before being excluded from occupation shall not by virtue of subsection (3) above be a displaced residential occupier of the premises for the purposes of this Part of this Act.
A person who by virtue of subsection (3) above is a displaced residential occupier of any premises shall be regarded for the purposes of this Part of this Act as a displaced residential occupier also of any access to those premises.
Anyone who enters or is on or in occupation of any premises by virtue of— shall himself be treated as a trespasser for the purposes of this Part of this Act (without prejudice to whether or not he would be a trespasser apart from this provision); and references in this Part of this Act to a person’s entering or being on or occupying any premises as a trespasser shall be construed accordingly.
any title derived from a trespasser; or
any licence or consent given by a trespasser or by a person deriving title from a trespasser,
Anyone who is on any premises as a trespasser shall not cease to be a trespasser for the purposes of this Part of this Act by virtue of being allowed time to leave the premises, nor shall anyone cease to be a displaced residential occupier of any premises by virtue of any such allowance of time to a trespasser.
No rule of law ousting the jurisdiction of magistrates’ courts to try offences where a dispute of title to property is involved shall preclude magistrates’ courts from trying offences under this Part of this Act.
The offence of forcible entry and any offence of forcible detainer at common law are hereby abolished for all purposes not relating to offences committed before the coming into force of this Part of this Act.
The following enactments shall cease to have effect—
the Forcible Entry Act 1381;
chapter 2 of 15 Ric. 2 (1391);
the Forcible Entry Act 1429;
the Forcible Entry Act 1588; and
the Forcible Entry Act 1623.
For the purposes of this Part of this Act an individual is a protected intending occupier of any premises at any time if at that time he falls within subsection (2), (4) or (6) below.
An individual is a protected intending occupier of any premises if—
he has in those premises a freehold interest or a leasehold interest with not less than two years still to run;
he requires the premises for his own occupation as a residence;
he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and
he or a person acting on his behalf holds a written statement—
which specifies his interest in the premises;
which states that he requires the premises for occupation as a residence for himself; and
with respect to which the requirements in subsection (3) below are fulfilled.
The requirements referred to in subsection (2)(d)(iii) above are—
that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for oaths; and
that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signature.
An individual is also a protected intending occupier of any premises if—
he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) above or (6)(a) below) or a licence to occupy those premises granted by a person with a freehold interest or a leasehold interest with not less than two years still to run in the premises;
he requires the premises for his own occupation as a residence;
he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and
he or a person acting on his behalf holds a written statement—
which states that he has been granted a tenancy of those premises or a licence to occupy those premises;
which specifies the interest in the premises of the person who granted that tenancy or licence to occupy (“the landlord”);
which states that he requires the premises for occupation as a residence for himself; and
with respect to which the requirements in subsection (5) below are fulfilled.
The requirements referred to in subsection (4)(d)(iv) above are—
that the statement is signed by the landlord and by the tenant or licensee in the presence of a justice of the peace or commissioner for oaths;
that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signatures.
An individual is also a protected intending occupier of any premises if—
he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) or (4)(a) above) or a licence to occupy those premises granted by an authority to which this subsection applies;
he requires the premises for his own occupation as a residence;
he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser; and
there has been issued to him by or on behalf of the authority referred to in paragraph (a) above a certificate stating that—
he has been granted a tenancy of those premises or a licence to occupy those premises as a residence by the authority; and
the authority which granted that tenancy or licence to occupy is one to which this subsection applies, being of a description specified in the certificate.
Subsection (6) above applies to the following authorities—
any body mentioned in section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.);
the Regulator of Social Housing ;
a non-profit registered provider of social housing;
a profit-making registered provider of social housing, but only in relation to premises which are social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008;
“prison” means—
a registered social landlord within the meaning of the Housing Act 1985 (see section 5(4) and (5) of that Act).
Subsection (6) also applies to the Secretary of State if the tenancy or licence is granted by him under Part III of the Housing Associations Act 1985.
A person is guilty of an offence if he makes a statement for the purposes of subsection (2)(d) or (4)(d) above which he knows to be false in a material particular or if he recklessly makes such a statement which is false in a material particular.
In any proceedings for an offence under section 7 of this Act where the accused was requested to leave the premises by a person claiming to be or to act on behalf of a protected intending occupier of the premises—
it shall be a defence for the accused to prove that, although asked to do so by the accused at the time the accused was requested to leave, that person failed at that time to produce to the accused such a statement as is referred to in subsection (2)(d) or (4)(d) above or such a certificate as is referred to in subsection (6)(d) above; and
any document purporting to be a certificate under subsection (6)(d) above shall be received in evidence and, unless the contrary is proved, shall be deemed to have been issued by or on behalf of the authority stated in the certificate.
A person guilty of an offence under subsection (8) above shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
A person who is a protected intending occupier of any premises shall be regarded for the purposes of this Part of this Act as a protected intending occupier also of any access to those premises.
offences triable only on indictment;
offences triable only summarily ; and
offences triable either way,
The following offences shall be triable only summarily (instead of either way), namely—
the offences mentioned (and broadly described) in column 1 of Schedule 1 to this Act; . . .
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section 25 of the Magistrates' Courts Act 1952 ;
sections 9 and 19(1) and (2) of the Conspiracy and Protection of Property Act 1875 ;
in the Cruelty to Animals Act 1876, section 15 and, in section 17, the words from "or if" to "Justiciary";
in the Witnesses (Public Inquiries) Protection Act 1892, in section 3 the words from " provided that" onwards and, in section 6, paragraph (2).
The following offences under the Night Poaching Act 1828 shall be triable only summarily (instead of only on indictment), namely—
offences under section 2 of that Act (assaults by persons committing offences under the Act);
offences under section 9 of that Act (entering land, with others, armed and for the purpose of taking or destroying game or rabbits).
Subsections (1) and (4) above are without prejudice to any other enactment by virtue of which any offence is triable only summarily.
The offences mentioned in Schedule 2 to this Act shall be triable either way (instead of only on indictment).
The offences which by virtue of section 19 of the Magistrates' Courts Act 1952 are triable either way (excluding offences under section 56 of the Post Office Act 1953 and any other offence which by virtue of section 15(1) above is triable only summarily) shall be triable either way by virtue of this subsection ; and the said section 19 shall cease to have effect.
The offences triable either way by virtue of subsections (1) and (2) above are, for convenience of reference, listed in Schedule 3 to this Act.
Subsections (1) and (2) above are without prejudice to any enactment by virtue of which any offence is (otherwise than under the said section 19) triable either way.
Nothing in— shall apply in relation to any indictable offence.
section 104 of the Magistrates' Courts Act 1952 (limitation of time for trial of information); or
subject to subsection (3) below, any other enactment (however framed or worded) which, as regards any offence to which it applies, would but for this section impose a time-limit on the power of a magistrates' court to try an information summarily or impose a limitation on the time for taking summary proceedings,
Without prejudice to the generality of paragraph (b) of subsection (1) above, that paragraph includes enactments which impose a time-limit that applies only in certain circumstances (for example, where the proceedings are not instituted by or with the consent of the Director of Public Prosecutions or some other specified authority).
Where, as regards any indictable offence, there is imposed by any enactment (however framed or worded, and whether falling within subsection (1)(b) above or not) a limitation on the time for taking proceedings on indictment for that offence no summary proceedings for that offence shall be taken after the latest time for taking proceedings on indictment.
Sections 20 to 24 below shall have effect where a person who has attained the age of seventeen appears or is brought before a magistrates' court on an information charging him with an offence triable either way.
Without prejudice to section 15 of the Magistrates' Courts Act 1952 (non-appearance of accused for trial), everything that the court is required to do under sections 20 to 23 below must be done before any evidence is called and, subject to the following subsection and section 24 below, with the accused present in court.
The court may proceed in the absence of the accused in accordance with such of the provisions of sections 20 to 23 below as are applicable in the circumstances if they consider that by reason of his disorderly conduct before them it is not practicable for the proceedings to be conducted in his presence; and subsections (3) to (5) of section 24 below, so far as applicable, shall have effect in relation to proceedings conducted in the absence of the accused by virtue of this subsection (references in those subsections to the person representing the accused being for this purpose read as references to the person, if any, representing him).
A magistrates' court proceeding under sections 20 to 24 below may adjourn the proceedings at any time, and on doing so on any occasion when the accused is present may remand the accused, and shall remand him if— and where the court remands the accused, the time fixed for the resumption of the proceedings shall be that at which he is required to appear or be brought before the court in pursuance of the remand.
on the occasion on which he first appeared, or was brought, before the court to answer to the information he was in custody or, having been released on bail, surrendered to the custody of the court; or
if he has been remanded at any time in the course of proceedings on the information ;
The functions of a magistrates' court under sections 20 to 24 below may be discharged by a single justice, but the foregoing provision shall not be taken to authorise the summary trial of an information by a magistrates' court composed of less than two justices.
The court shall consider whether, having regard to the matters mentioned in subsection (3) below and any representations made by the prosecutor or the accused, the offence appears to the court more suitable for summary trial or for trial on indictment.
Before so considering, the court—
shall cause the charge to be written down, if this has not already been done, and read to the accused ; and
shall afford first the prosecutor and then the accused an opportunity to make representations as to which mode of trial would be more suitable.
The matters to which the court is to have regard under subsection (1) above are the nature of the case; whether the circumstances make the offence one of serious character; whether the punishment which a magistrates' court would have power to inflict for it would be adequate ; and any other circumstances which appear to the court to make it more suitable for the offence to be tried in one way rather than the other.
If the prosecution is being carried on by the Attorney General, the Solicitor General or the Director of Public Prosecutions and he applies for the offence to be tried on indictment, the preceding provisions of this section and sections 21 and 22 below shall not apply, and the court shall proceed to inquire into the information as examining justices.
If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for summary trial, the following provisions of this section shall apply (unless excluded by section 24 below).
The court shall explain to the accused in ordinary language—
that it appears to the court more suitable for him to be tried summarily for the offence, and that he can either consent to be so tried or, if he wishes, be tried by a jury; and
that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 29 of the Magistrates' Courts Act 1952 if the convicting court, on obtaining information about his character and antecedents, is of opinion that they are such that greater punishment should be inflicted than the convicting court has power to inflict for the offence.
After explaining to the accused as provided by the preceding subsection the court shall ask him whether he consents to be tried summarily or wishes to be tried by a jury, and—
if he consents to be tried summarily, shall proceed to the summary trial of the information ;
if he does not so consent, shall proceed to inquire into the information as examining justices.
If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for trial on indictment, the court shall tell the accused that the court has decided that it is more suitable for him to be tried for the offence by a jury, and shall proceed to inquire into the information as examining justices.
If the offence charged by the information is one of those mentioned in the first column of Schedule 4 to this Act (in this section referred to as " scheduled offences ") then, subject to subsection (7) below, the court shall, before proceeding in accordance with section 20 above, consider whether, having regard to any representations made by the prosecutor or the accused, the value involved (as defined in subsection (10) below) appears to the court to exceed the relevant sum. For the purposes of this section the relevant sum is £200.
If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved does not exceed the relevant sum, the court shall proceed as if the offence were triable only summarily, and sections 20 to 22 above shall not apply.
If, where subsection (1) above applies, it appears to the court clear that, for the offence charged, the value involved exceeds the relevant sum, the court shall thereupon proceed in accordance with section 20 above in the ordinary way without further regard to the provisions of this section.
If, where subsection (1) above applies, it appears to the court for any reason not clear whether, for the offence charged, the value involved does or does not exceed the relevant sum, the provisions of subsections (5) and (6) below shall apply.
The court shall cause the charge to be written down, if this has not already been done, and read to the accused, and shall explain to him in ordinary language—
that he can, if he wishes, consent to be tried summarily for the offence and that if he consents to be so tried, he will definitely be tried in that way; and
that if he is tried summarily and is convicted by the court, his liability to imprisonment or a fine will be limited as provided in section 29 below.
After explaining to the accused as provided by the preceding subsection the court shall ask him whether he consents to be tried summarily and—
if he so consents, shall proceed in accordance with subsection (2) above as if that subsection applied;
if he does not so consent, shall proceed in accordance with subsection (3) above as if that subsection applied.
Subsection (1) above shall not apply where the offence charged—
is one of two or more offences with which the accused is charged on the same occasion and which appear to the court to constitute or form part of a series of two or more offences of the same or a similar character; or
consists in the incitement to commit two or more scheduled offences.
Where a person is convicted by a magistrates' court of a scheduled offence, it shall not be open to him to appeal to the Crown Court against the conviction on the ground that the convicting court's decision as to the value involved was mistaken; and where a person is convicted before the Crown Court of such an offence, it shall not be open to him to appeal to the Court of Appeal against the conviction on the ground that the decision of the court which committed him for trial as to the value involved was mistaken.
If, where subsection (1) above applies, the offence charged is one with which the accused is charged jointly with a person who has not attained the age of seventeen, the reference in that subsection to any representations made by the accused shall be read as including any representations made by the person under seventeen.
In this section " the value involved ", in relation to any scheduled offence, means the value indicated in the second column of Schedule 4 to this Act, measured as indicated in the third column of that Schedule; and in that Schedule " the material time " means the time of the alleged offence.
Where— the following provisions of this section shall apply.
the accused is represented by counsel or a solicitor who in his absence signifies to the court the accused's consent to the proceedings for determining how he is to be tried for the offence being conducted in his absence; and
the court is satisfied that there is good reason for proceeding in the absence of the accused,
Subject to the following provisions of this section, the court may proceed in the absence of the accused in accordance with such of the provisions of sections 20 to 23 above as are applicable in the circumstances.
If, in a case where subsection (1) of section 23 above applies, it appears to the court as mentioned in subsection (4) of that section, subsections (5) and (6) of that section shall not apply and the court—
if the accused's consent to be tried summarily has been or is signified by the person representing him, shall proceed in accordance with subsection (2) of that section as if that subsection applied ; or
if that consent has not been and is not so signified, shall proceed in accordance with subsection (3) of that section as if that subsection applied.
If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for summary trial then—
if the accused's consent to be tried summarily has been or is signified by the person representing him, section 21 above shall not apply, and the court shall proceed to the summary trial of the information; or
if that consent has not been and is not so signified, section 21 above shall not apply and the court shall proceed to inquire into the information as examining justices and may adjourn the hearing without remanding the accused.
If, where the court has considered as required by section 20(1) above, it appears to the court that the offence is more suitable for trial on indictment, section 22 above shall not apply, and the court shall proceed to inquire into the information as examining justices and may adjourn the hearing without remanding the accused.
Subsections (2) to (4) below shall have effect where a person who has attained the age of seventeen appears or is brought before a magistrates' court on an information charging him with an offence triable either way.
Where the court has (otherwise than in pursuance of section 23(2) above) begun to try the information summarily, the court may, at any time before the conclusion of the evidence for the prosecution, discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.
Where the court has begun to inquire into the information as examining justices, then, if at any time during the inquiry it appears to the court, having regard to any representations made in the presence of the accused by the prosecutor, or made by the accused, and to the nature of the case, that the offence is after all more suitable for summary trial, the court may, after doing as provided in subsection (4) below, ask the accused whether he consents to be tried summarily and, if he so consents, may proceed to try the information summarily: Provided that, if the prosecution is being carried on by the Attorney General, the Solicitor General or the Director of Public Prosecutions, the court shall not act under this subsection without his consent.
Before asking the accused under subsection (3) above whether he consents to be tried summarily, the court shall in ordinary language—
explain to him that it appears to the court more suitable for him to be tried summarily for the offence, but that this can only be done if he consents to be so tried; and
unless it has already done so, explain to him, as provided in section 21(2)(b) above, about the court's power to commit to the Crown Court for sentence.
Where a person under the age of seventeen appears or is brought before a magistrates' court on an information charging him with an indictable offence other than homicide, and the court— subsection (6) or (7) below, as the case may be, shall have effect.
has begun to try the information summarily on the footing that the case does not fall within paragraph (a) or (b) of section 6(1) of the Children and Young Persons Act 1969 and must therefore be tried summarily, as required by the said section 6(1); or
has begun to inquire into the case as examining justices on the footing that the case does so fall,
If, in a case falling within subsection (5)(a) above, it appears to the court at any time before the conclusion of the evidence for the prosecution that the case is after all one which under the said section 6(1) ought not to be tried summarily, the court may discontinue the summary trial and proceed to inquire into the information as examining justices and, on doing so, may adjourn the hearing without remanding the accused.
If, in a case falling within subsection (5)(b) above, it appears to the court at any time during the inquiry that the case is after all one which under the said section 6(1) ought to be tried summarily, the court may proceed to try the information summarily.
Where— the justice or any of the justices of which the court is composed may issue a summons directed to the accused requiring his presence before the court.
in the circumstances mentioned in section 24(1)(a) above the court is not satisfied that there is good reason for proceeding in the absence of the accused; or
subsection (4)(b) or (5) of section 24 or subsection (2) or (6) of section 25 above applies, and the court adjourns the hearing in pursuance of that subsection without remanding the accused,
If the accused is not present at the time and place appointed— the court may issue a warrant for his arrest.
in a case within subsection (1)(a) above, for the proceedings under section 20(1) or 23(1) above, as the case may be; or
in a case within subsection (1)(b) above, for the resumption of the hearing,
Without prejudice to section 108 of the Magistrates' Courts Act 1952 (consecutive terms of imprisonment), a magistrates' court shall not have power to impose imprisonment for more than six months in respect of any one offence.
Unless expressly excluded, subsection (1) above shall apply even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment for more than six months.
Any power of a magistrates' court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient distress to satisfy a fine, shall not be limited by virtue of subsection (1) above.
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a magistrates' court shall not have power to impose imprisonment for an offence so listed if the Crown Court would not have that power in the case of an adult convicted of it on indictment;
on summary conviction of an offence consisting in the incitement to commit an offence triable either way a person shall not be liable to any greater penalty than he would be liable to on summary conviction of the last-mentioned offence; and
on summary conviction of attempting to commit an offence triable either way a person shall not be liable to any greater penalty than he would be liable to on summary conviction of the completed offence.
For any offence triable either way which is not listed in Schedule 3 to this Act, being an offence under a relevant enactment, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the prescribed sum unless the offence is one for which by virtue of an enactment other than this subsection a larger fine may be imposed on summary conviction.
Where, by virtue of any relevant enactment, a person summarily convicted of an offence triable either way would, apart from this section, be liable to a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (2) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
Subsection (2) above shah not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.
Where, as regards any offence triable either way, there is under any enactment (however framed or worded) a power by subordinate instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence—
subsection (2) above shall not affect that power or override any restriction imposed in exercise of that power ; and
the amount to which that fine may be restricted in exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed.
Where there is under any relevant enactment (however framed or worded) 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 prescribed sum unless some larger maximum fine can be authorised on summary conviction in respect of such an offence by virtue of an enactment other than this subsection ; and
subsection (2) above shall not override any restriction imposed in the exercise of that power on the amount of the fine which on summary conviction can be imposed in respect of an offence triable either way created in the exercise of the power.
In this section—
" the prescribed sum " means £1,000 or such sum as is for the time being substituted in this definition by an order in force under section 61(1) below ;
" relevant enactment " means an enactment contained in this Act or in any Act passed before, or in the same Session as, this Act.
Schedule 5 to this Act shall have effect for the purpose of altering the penalties available on summary conviction of certain offences triable either way not listed in Schedule 1 to the Magistrates’ Courts Act 1980; . . . .
the court shall not have power to impose on him in respect of that offence imprisonment for more than three months or a fine greater than £500; and
section 29 of the Magistrates' Courts Act 1952 (power of court to commit offender to Crown Court for sentence if of opinion that his character and antecedents are such that greater punishment should be inflicted than the convicting court has power to inflict) shall not apply as regards that offence.
The enactments specified in column 2 of Schedule 1 to this Act, which relate to the mode of trial of, and the maximum penalties for, the offences mentioned (and broadley described) in column 1 of that Schedule (being the offences which by section 15(1)(a) above made triable only summarily instead of either way) shall have effect subject to the amendments specified in column 3 of that Schedule.
The said amendments have the effect of altering the maximum penalties available on summary conviction of the offences so mentioned as well as making alterations consequential on their becoming triable only summarily; and in that Schedule column 4 shows the present maximum penalties by way of fine or imprisonment on summary conviction and on conviction on indictment, and column 5 shows the new maximum penalties resulting from the amendments.
A person who (by virtue of section 15 above) is summarily convicted of an offence under section 2 (assaults by persons committing offences under the Act) or section 9 (entering land, with others, armed and for the purpose of taking or destroying game or rabbits) of the Night Poaching Act 1828 shall be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both (instead of to a maximum penalty on conviction on indictment of seven years imprisonment or a fine or both for an offence under the said section 2, or of fourteen years imprisonment or a fine or both for an offence under the said section 9).
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The enactments specified in column 2 of Schedule 6 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule, so however that the preceding provision shall not alter the maximum daily fine, if any, provided for by any of those enactments.
This subsection applies to the following enactments (by virtue of which certain byelaws may make persons contravening the byelaws liable on summary conviction to a fine not exceeding £20), namely—
section 183 of the Public Health Act 1875 and section 237 of the Local Government Act 1972 (local authorities’ byelaws) in their application to byelaws under any public general Act; and
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In the enactments to which subsection (2) above applies for any reference to £20 there shall be substituted a reference to £50; and any provision in force at the coming into force of this subsection which— shall have effect as if it specified £50 instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides). The preceding provisions of this subsection are without prejudice to subsection (4) below.
is contained in any byelaw made under a public general Act by virtue of—
any enactment to which subsection (2) above applies; or
section 251 of the Local Government Act 1933; and
specifies £20 as the maximum fine which may be imposed on summary conviction in respect of a contravention of, or offence under, any byelaw mentioned in that provision,
The following byelaws, namely— may provide that persons contravening the byelaws shall be liable on summary convicton to a fine not exceeding level 3 on the standard scale and, in the case of a continuing offence, a further fine not exceeding £5 for each day during which the offence continues after the conviction thereof; and any such byelaw in force at the coming into force of this subsection which specifies £20 or any smaller sum as the maximum fine which may be imposed on summary conviction of an offence under any such byelaw shall have effect as if it specified level 3 on the standard scale, instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides).
byelaws under section 75 of the Public Health Act 1961 (byelaws as to pleasure fairs and roller skating rinks);
byelaws under section 76 of that Act (byelaws as to seaside pleasure boats); . . .
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This subsection applies to any pre-1949 enactment (however framed or worded) which—
as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act); or
confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act).
Every enactment to which subsection (5) above applies shall have effect as if for the specified amount less than £50 there mentioned there were substituted—
£25 if the specified amount is less than £20; or
£50 if the specified amount is not less than £20.
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Subsection (6) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event.
In subsection (5) above “pre-1949 enactment” means an enactment passed before 1st January 1949 or an enactment passed on or after that date which (whether directly or, through successive re-enactments, indirectly) re-enacts with or without modification an enactment passed before that date.
In section 67(6) of the Medicines Act 1968, for “£400” (which gives the maximum fine on summary conviction which can be imposed by regulations under section 66 for contravention of the regulations) there shall be substituted “£1,000”.
In this section “enactment” does not include an enactment contained in an order, regulation or other instrument made under an Act.
Where a person convicted on indictment of any offence (whether triable only on indictment or either way) would, apart from this subsection, be liable to a fine not exceeding a specified amount, he shall by virtue of this subsection be liable to a fine of any amount.
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for an offence triable either way, shall not exceed the prescribed sum within the meaning of section 28 of the Criminal Law Act 1977 ; and
for a summary offence, shall—
not exceed £200 ; and
not be of such an amount as would subject the offender, in default of payment of the fine, to a longer term of imprisonment or detention than the term to which he is liable on conviction of the offence.".
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For an offence under section 3 of the Explosive Substances Act 1883 (attempt to cause explosion, or making or keeping explosive, with intent to endanger life or property in the United Kingdom or the Republic of Ireland) the maximum term of imprisonment which may be imposed by a court in Great Britain shall be increased from twenty years to life.
Where— subsection (2) below shall have effect notwithstanding proviso (a) in section 46(1) of the Children and Young Persons Act 1933 (which would otherwise require the charge against the juvenile to be heard by a magistrates' court other than a juvenile court). In the following provisions of this section " the older accused " means such one or more of the accused as have attained the age of seventeen.
a person under the age of seventeen ("the juvenile") appears or is brought before a magistrates' court other than a juvenile court on an information jointly charging him and one or more other persons with an offence; and
that other person, or any of those other persons, has attained that age,
If— then, if in either situation the juvenile pleads not guilty, the court may before any evidence is called in his case remit him for trial to a juvenile court acting for the same place as the remitting court or for the place where he habitually resides.
the court proceeds to the summary trial of the information in the case of both or all of the accused, and the older accused or each of the older accused pleads guilty; or
the court—
in the case of the older accused or each of the older accused, proceeds to inquire into the information as examining justices and either commits him for trial or discharges him ; and
in the case of the juvenile, proceeds to the summary trial of the information,
A person remitted to a juvenile court under subsection (2) above shall be brought before and tried by a juvenile court accordingly.
Where a person is so remitted to a juvenile court—
he shall have no right of appeal against the order of remission; and
the remitting court may give such directions as appear to be necessary with respect to his custody or for his release on bail until he can be brought before the juvenile court.
The preceding provisions of this section shall apply in relation to a corporation as if it were an individual who has attained the age of seventeen.
In section 6 of the Children and Young Persons Act 1969 (summary trial of young persons), after subsection (1) there shall be inserted—.
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an order requiring the defaulter's parent or guardian to enter into a recognisance to ensure that the defaulter pays so much of that sum as remains unpaid ; or
an order directing so much of that sum as remains unpaid to be paid by the defaulter's parent or guardian instead of by the defaulter.
An order under subsection (2) above shall not be made in respect of a defaulter—
in pursuance of paragraph (a) of that subsection, unless the parent or guardian in question consents ;
in pursuance of paragraph (b) of that subsection, unless the court is satisfied in all the circumstances that it is reasonable to make the order.
None of the following orders, namely— shall be made by a magistrates' court in consequence of a default of a person under the age of seventeen years consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction unless the court has since the conviction inquired into the defaulter's means in his presence on at least one occasion.
an order under section 19(1) of the Criminal Justice Act 1948 for attendance at an attendance centre; or
any order under subsection (2) above,
An order under subsection (2) above shall not be made by a magistrates' court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.
An order under subsection (2) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.
A parent or guardian may appeal to the Crown Court against an order under subsection (2) above made in pursuance of paragraph (b) of that subsection.
Any sum ordered under subsection (2)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.
In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including an order made under section 35 of the Powers of Criminal Courts Act 1973 (compensation orders) as applied by section 3(6) of the Children and Young Persons Act 1969.
" guardian ", in relation to a person under the age of seventeen, means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;
" the statutory restrictions upon the imprisonment of young offenders " has the meaning given by section 39(1) of the Criminal Justice Act 1961 ;
“part of the United Kingdom” means England and Wales or Northern Ireland;
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In section 15 of the Children and Young Persons Act 1969 (variation and discharge of supervision orders), after subsection (2) there shall be inserted the following subsection— .
The preceding provisions of this section, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those provisions.
The preceding provisions of this section, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those provisions.
A warrant issued in Scotland or Northern Ireland for the arrest of a person charged with an offence may be executed in England or Wales by any constable acting within his police area ; and subsection (4) of section 102 of the Magistrates' Courts Act 1952 (execution without possession of the warrant) shall apply to the execution in England or Wales of any such warrant.
A warrant issued in England, Wales or Northern Ireland for the arrest of a person charged with an offence may be executed in Scotland by any constable appointed for a police area in like manner as any such warrant issued in Scotland.
A warrant issued in England, Wales or Scotland for the arrest of a person charged with an offence may be executed in Northern Ireland by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve; and subsections (4) and (5) of section 159 of the Magistrates' Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such warrant.
A warrant may be executed by virtue of this section whether or not it has been endorsed under section 12, 14 or 15 of the Indictable Offences Act 1848 or under section 27, 28 or 29 of the Petty Sessions (Ireland) Act 1851.
Nothing in this section affects the execution in Scotland or Northern Ireland of a warrant to which section 123 of the Bankruptcy Act 1914 applies.
The following documents, namely— may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland.
a summons requiring a person charged with an offence to appear before a court in England or Wales,
a written charge (within the meaning of section 29 of the Criminal Justice Act 2003) charging a person with an offence,
a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales,
a single justice procedure notice (within the meaning of that section) requiring a person charged with an offence to serve a written notification stating—
whether or not the person desires to plead guilty, and
if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980, and
any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) , (c) or (ca) above,
A summons requiring a person charged with an offence to appear before a court in Northern Ireland may, in such manner as may be prescribed by rules of court, be served on him in England, Wales or Scotland.
The documents falling within subsection (1)(a) include a summons directed to a person that is issued after the person's trial has begun.
Citation of a person charged with a crime or offence to appear before a court in Scotland may be effected in any other part of the United Kingdom in like manner as it may be done in Scotland, and for this purpose the persons authorised to effect such citation shall include
, in England and Wales and Northern Ireland, constables and prison officers serving in those parts of the United Kingdom
persons authorised by a chief officer of police in England or Wales to serve summonses there.
Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested— and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest.
in England and Wales, by any constable acting within his police area;
in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve;
Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable of the Police Service of Scotland , in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine.
A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom.
An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851.
In this section—
“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland;
This section shall not apply to the arrest of persons under the age of 18 years.
Schedule 7 to this Act (which confers powers on courts in Northern Ireland, and extends the existing powers of courts in England, Wales and Scotland, to make transfer of fine orders) shall have effect.
Subject to subsection (6) below, a person against whom there has been issued in England and Wales a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Northern Ireland by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve in like manner as if the warrant were a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction in Northern Ireland; and article 158(4) and (5) of the Magistrates’ Courts (Northern Ireland) Order 1981 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such warrant which has been issued in England and Wales as they apply in relation to the execution of a warrant for arrest.
Subject to subsection (6) below, a person against whom there has been issued in Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in England and Wales by any constable acting within his police area in like manner as if the warrant were a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction in England and Wales.
A person arrested by virtue of subsection (1) or (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment issued in that part of the United Kingdom.
A warrant of commitment issued by a court in Northern Ireland may be executed in England and Wales by virtue of this section whether or not it has been endorsed under section 27 of the Petty Sessions (Ireland) Act 1851.
In this section
This section shall not apply to the arrest of persons under the age of 18 years.
A magistrates' court adjourning a case under— and remanding the accused in custody, may, if he has attained the age of seventeen, order that he be brought up for any subsequent remands before an alternate magistrates' court nearer to the prison where he is to be confined whale on remand.
section 6 of the Magistrates' Courts Act 1952 (committal proceedings), or
section 14(1) of that Act (trial of information), or
section 19(4) above,
The order shall require the accused to be brought before the alternate court at the end of the period of remand or at such earlier time as the alternate court may require.
While the order is in force, the alternate court shall, to the exclusion of the court which made the order, have all the powers in relation to further remand (whether in custody or on bail) and the grant of legal aid which that court would have had but for the order.
The alternate court may, on remanding the accused in custody, require him to be brought before the court which made the order at the end of the period of remand or at such earlier time as that court may require ; and, if the alternate court does so, or the accused is released on bail, the order under subsection (1) above shall cease to be in force.
Schedule 8 to this Act shall have effect to supplement this section.
When a magistrates' court remands an accused person in custody and he is already detained under a custodial sentence, the period for which he is remanded may be up to 28 clear days.
But the court shall enquire as to the expected date of his release from that detention; and if it appears that it will be before 28 clear days have expired, he shall not be remanded in custody for more than 8 clear days or (if longer) a period ending with that date.
So long as he is detained under a custodial sentence, an application for him to be further remanded in custody may be made and determined without his appearance in court, provided that he is represented by counsel or a solicitor who signifies the accused's consent to the application being heard in his absence.
Where a person who has attained the age of seventeen (" the offender") has been convicted by a magistrates' court (" the convicting court") of an offence to which this section applies (" the instant offence ") and— the convicting court may remit him to the other court to be dealt with in respect of the instant offence by the other court instead of by the convicting court.
it appears to the convicting court that some other magistrates' court (" the other court") has convicted him of another such offence in respect of which the other court has neither passed sentence on him nor committed him to the Crown Court for sentence nor dealt with him in any other way ; and
the other court consents to his being remitted under this section to the other court,
The offender, if remitted under this section, shall have no right of appeal against the order of remission.
Where the convicting court remits the offender to the other court under this section, it shall adjourn the trial of the information charging him with the instant offence, and—
section 105 of the Magistrates' Courts Act 1952 (remand in custody or on bail) and all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings shall have effect in relation to the convicting court's power or duty to remand the offender on that adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted; and
subject to subsection (4) below, the other court may deal with the case in any way in which it would have power to deal with it (including, where applicable, the remission of the offender under this section to another magistrates' court in respect of the instant offence) if all proceedings relating to that offence which took place before the convicting court had taken place before the other court.
Nothing in this section shall preclude the convicting court from making any order which it has power to make under section 28 of the Theft Act 1968 (orders for restitution) by virtue of the offender's conviction of the instant offence.
Where the convicting court has remitted the offender under this section to the other court, the other court may remit him back to the convicting court; and the provisions of subsection (3) above (so far as applicable) shall apply with the necessary modifications in relation to any remission under this subsection.
This section applies to— and in this section " conviction " includes a finding under section 26(1) of the Magistrates' Courts Act 1952 (remand for medical examination) that the person in question did the act or made the omission charged, and " convicted" shall be construed accordingly.
any offence punishable with imprisonment; and
any offence in respect of which the convicting court has a power or duty to order the offender to be disqualified under section 93 of the Road Traffic Act 1972 (disqualification for certain motoring offences);
Where a court passes on an adult a sentence of imprisonment for a term of not less than six months and not more than two years, it may order that, after he has served part of the sentence in prison, the remainder of it shall be held in suspense.
The part to be held in suspense shall be not more than three quarters and not less than one quarter of the whole term, and the offender shall not be required to serve that part unless it is restored under subsection (3) below; and this shall be explained to him by the court, using ordinary language and stating the substantial effect of that subsection.
If at any time after the making of the order he is convicted of an offence punishable with imprisonment and committed during the whole period of the original sentence, then (subject to subsection (4) below) a court which is competent under this subsection may restore the part of the sentence held in suspense and order him to serve it.
If a court, considering the offender's case with a view to exercising the powers of subsection (3) above, is of opinion that (in view of all the circumstances, including the facts of the subsequent offence) it would be unjust fully to restore the part of the sentence held in suspense, it shall either restore a lesser part or declare, with reasons given, its decision to make no order under the subsection.
Where a court exercises those powers, it may direct that the restored part of the original sentence is to take effect as a term to be served either immediately or on the expiration of another term of imprisonment passed on the offender by that or another court.
" Adult" in this section means a person who has attained the age of twenty-one; and "the whole period " of a sentence is the time which the offender would have had to serve in prison if the sentence had been passed without an order under subsection (1) above and he had no remission under section 25(1) of the Prison Act 1952 (industry and good conduct in prison).
Schedule 9 to this Act has effect with respect to procedural, sentencing and miscellaneous matters ancillary to those dealt with above in this section, including in particular the courts which are competent under subsection (3) above.
This section and paragraphs 1 to 6 of Schedule 9 to this Act and the Powers of Criminal Courts Act 1973 shall be construed and have effect as if this section and those paragraphs of the Schedule were contained in that Act.
Criminal Procedure Rules may make, with respect to proceedings against any person for a prescribed offence or an offence of any prescribed class, provision—
for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the accused or a person representing him is furnished with, or can obtain, advance information concerning all, or any prescribed class of, the facts and matters of which the prosecutor proposes to adduce evidence; and
for requiring a magistrates’ court, if satisfied that any requirement imposed by virtue of paragraph (a) above has not been complied with, to adjourn the proceedings pending compliance with that requirement unless the court is satisfied that the conduct of the case for the accused will not be substantially prejudiced by non-compliance with the requirement.
Rules made by virtue of subsection (1)(a) above—
may require the prosecutor to do as provided in the rules either—
in all cases; or
only if so requested by or on behalf of the accused;
may exempt facts and matters of any prescribed description from any requirement imposed by the rules, and may make the opinion of the prosecutor material for the purposes of any such exemption; and
may make different provision with respect to different offences or offences of different classes.
It shall not open to person convicted of an offence to appeal against the conviction on the ground that a requirement imposed by virtue of subsection (1) above was not complied with by the prosecutor.
For sections 1 and 2 of the Road Traffic Act 1972 (causing death by reckless or dangerous driving, and reckless, and dangerous, driving generally) there shall be substituted—.
For section 17 of that Act (reckless, and dangerous, cycling) there shall be substituted—.
Nothing in subsection (1) or (2) above or in any related repeal provided for in Schedule 13 to this Act shall apply in relation to an offence committed before the coming into force of that subsection.
A person who— with the intention (in either case) of inducing in some other person a belief that it is likely to explode or ignite and thereby cause personal injury or damage to property is guilty of an offence. In this subsection “article” includes substance.
places any article in any place whatever; or
dispatches any article by post, rail or any other means whatever of sending things from one place to another,
A person who communicates any information which he knows or believes to be false to another person with the intention of inducing in him or any other person a false belief that a bomb or other thing liable to explode or ignite is present in any place or location whatever is guilty of an offence.
For a person to be guilty of an offence under subsection (1) or (2) above it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief mentioned in that subsection.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000, or both;
on conviction on indictment, to imprisonment for a term not exceeding seven years.
“cannabis” (except in the expression “cannabis resin”) means any plant of the genusCannabis or any part of any such plant (by whatever name designated) except that it does not include cannabis resin or any of the following products after separation from the rest of the plant, namely—
In the proviso to section 1(3) of the Obscene Publications Act 1959 (which excludes from the scope of that Act anything done in the course of a cinematograph exhibition taking place otherwise than in a private house to which the public are not admitted and anything done in the course of television or sound broadcasting) the words from “a cinematograph exhibition” to “in the course of” shall be omitted.
In section 2 of that Act (prohibition of publication of obscene matter) at the end of subsection (3) there shall be inserted the following subsection:—
In section 2 of that Act after subsection (4) there shall be inserted the following subsection:—
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In section 3 of that Act (which among other things makes provision for the forfeiture of obscene articles kept for publication for gain) at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (3A) of this section” and at the end of that subsection there shall be inserted the following subsection:—
In section 4 of that Act (defence of public good) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1A) of this section” and at the end of that subsection there shall be inserted the following subsection:—
At the end of section 4 of that Act there shall be added the following subsection:—
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It is an offence for a man to incite to have sexual intercourse with him a girl under the age of sixteen whom he knows to be his grand-daughter, daughter or sister.
In the preceding subsection " man " includes boy, " sister " includes half-sister, and for the purposes of that subsection any expression importing a relationship between two people shall be taken to apply notwithstanding that the relationship is not traced through lawful wedlock.
The following provisions of section 1 of the Indecency with Children Act 1960, namely— subsection (2) (competence of spouse of accused to give evidence); subsection (3) (references in Children and Young Persons Act 1933 to the offences mentioned in Schedule 1 to that Act to include offences under that section); subsection (4) (offences under that section to be deemed offences against the person for the purpose of section 3 of the Visiting Forces Act 1952), shall apply in relation to offences under this section.
A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000, or both;
on conviction on indictment, to imprisonment for a term not exceeding two years.
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After section 5 there shall be inserted the following sections:—.
After section 6 there shall be inserted the following section:—.
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After Article 7 there shall be inserted the following Articles:—.
After Article 8 there shall be inserted the following Article:—.
At a coroner's inquest touching the death of a person who came by his death by murder, manslaughter or infanticide, the purpose of the proceedings shall not include the finding of any person guilty of the murder, manslaughter or infanticide; and accordingly a coroner's inquisition shall in no case charge a person with any of those offences.
Without prejudice to the power of a coroner under subsection (2) of section 13 of the Coroners (Amendment) Act 1926 to summon a jury if it appears to him that there is any reason for doing so in a case in which he is not required by that subsection to do so, paragraphs (a) and (d) of that subsection (which require him to do so if it appears to him that the deceased came by his death by murder, manslaughter or infanticide, or that the death was caused by an accident arising out of the use of a vehicle in a street or public highway) shall cease to have effect.
The section set out in Schedule 10 to this Act shall be substituted for section 20 of the Coroners (Amendment) Act 1926 (which provides for the adjournment of inquests in cases of murder, manslaughter or infanticide, of causing death by reckless driving, or of aiding, abetting, counselling or procuring suicide).
The City of London Fire Inquests Act 1888 (which makes provision as to the functions and proceedings of the coroner for the City of London with regard to inquests upon fires within the City) shall cease to have effect.
In section 2 of the Powers of Criminal Courts Act 1973 (probation) there shall be added after subsection (8) the following subsections—.
In section 7 of the said Act of 1973 (absolute and conditional discharge) there shall be added after subsection (4) the following subsection—.
In subsections (3) and (4) of section 54 of the said Act of 1973 (which require certain orders under that Act to be approved by a resolution of each House of Parliament, and provide for their revocation), before the word "14 ", wherever it occurs, there shall be inserted the words " 2 or 7 or ".
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In section 2(13) of the Children and Young Persons Act 1969 (by virtue of which the maximum amount for which the parent or guardian of a child or young person can be required by an order under section 1 of that Act to enter into a recognisance to take proper care of and exercise proper control over him is £50), for the words “fifty pounds” there shall be substituted the words “£200”.
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In section 15(4) of the said Act of 1969 (powers of a magistrates’ court other than a juvenile court in respect of failure by the supervised person to comply with certain requirements of a supervision order, if that person has attained the age of eighteen)—
in paragraph (a) (under which, if the court does not discharge the supervision order, the maximum fine which it can impose on the supervised person is £20), for the words “twenty pounds” there shall be substituted the words “£50”; and
for the words “four hundred pounds” (which specify the maximum fine which the court can impose if it discharges the supervision order in a case where the offence in consequence of which the order was made is of a kind which the court has no power to try or has no power to try without appropriate consents) there shall be substituted the words “£1,000”.
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In section 35(5) of the Powers of Criminal Courts Act 1973 (limit of £400 on compensation which can be made payable under a compensation order made by a magistrates' court) for the words "£400" there shall be substituted the words " £1,000 ".
Subsection (1) above shall not apply in relation to a compensation order made in respect of an offence committed before the coming into force of this section.
If it appears to the Secretary of State that there has been a change in the value of money since the last occasion when the sum or sums specified in a provision mentioned in subsection (2) below were fixed (whether by the coming into force of a provision of this Act or by order under this subsection), the Secretary of State may by order substitute for the sum or sums for the time being specified in that provision such other sum or sums as appear to him justified by the change.
The said provisions are—
section 23(1) above ;
the definition of " the prescribed sum " in section 28(7) above;
paragraph (a) of section 29 above ;
the Table in paragraph 1 of Schedule 3 to the Magistrates' Courts Act 1952 (maximum periods of imprisonment in default of payment of fines etc.)
section 35(5) of the Powers of Criminal Courts Act 1973 (limit on compensation which can be made payable under a compensation order made by a magistrates' court).
Where it appears to the Secretary of State that the difference between a sum to which subsection (4) below applies and the prescribed sum (within the meaning of section 28 above) has been or would be altered or eliminated by an order made or proposed to be made under subsection (1) above, he may by order amend the enactment specifying the first-mentioned sum so as to substitute for that sum such other sum as appears to him to be justified by a change in the value of money appearing to him to have taken place between—
the last occasion on which the sum in question was fixed; and
the making of the order or proposed order under subsection (1) above.
This subsection applies to any sum specified in any enactment contained in this Act (except paragraph (a) of section 29) or in any Act passed before, or in the same Session as, this Act as—
the maximum fine which may be imposed on summary conviction of an offence triable either way; or
the maximum fine which, in the exercise of any power by subordinate instrument to impose penal provisions, may be authorised on summary conviction in respect of an offence triable either way.
An order under subsection (1) or (3) above—
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and may be revoked by a subsequent order thereunder; and
without prejudice to Schedule 14 to this Act, shall not affect the punishment for an offence committed before that order comes into force.
The Criminal Procedure (Scotland) Act 1975 shall have effect subject to the amendments specified in Schedule 11 to this Act.
The following provisions of this Act shall have effect in relation to Scotland, namely— section 15(2) to (4). section 30(3); section 31(10); section 32(3); section 33; sections 38 to 40 and Schedule 7; sections 50 to 52; Sections 55(1) to (3); section 65(1), (3) and (6) to (10) and Schedule 14; section 65(4) and Schedule 12 so far as they relate to— Night Poaching Act 1828, Public Stores Act 1875, Explosive Substances Act 1833, Prison Act 1952 (in its application to persons for the time being in Scotland), Adoption Act 1958, sections 26, 28, 29 and 39(1) of the Criminal Justice Act 1961, Housing (Scotland) Act 1966, Road Traffic Regulations Act 1967, sections . . . 60 of the Criminal Justice Act 1967 and (in its application to persons for the time being in Scotland) section 63 of that Act, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gaming Act 1968, section 179 of the Road Traffic Act 1972, Health and Safety at Work etc. Act 1974, Rehabilitation of Offenders Act 1974; section 65(5) and Schedule 13 so far as they relate to— Night Poaching Act 1828, Truck Act 1831, Public Stores Act 1875, section . . . 9 or 19 of the Conspiracy and Protection of Property Act 1875, Cruelty to Animals Act 1876, Truck Amendment Act 1887, Witnesses (Public Inquiries) Protection Act 1892, section 283 of the Customs and Excise Act 1952, ... sections 26 and 28 of the Criminal Justice Act 1961, Penalties for Drunkenness Act 1962, Criminal Justice (Scotland) Act 1963, sections 43(2) and 80 of the Road Traffic Regulation Act 1967, sections 60, 92(8) and 106(2)(f) of and, in relation to enactments mentioned therein which extend to Scotland, Part I of Schedule 3 to the Criminal Justice Act 1967, Firearms Act 1968, Transport Act 1968, section 59(5)(e) of and paragraph 48(a) of Schedule 8 to the Courts Act 1971, Misuse of Drugs Act 1971, Road Traffic Act 1972, section 58(a) of the Powers of Criminal Courts Act 1973, Road Traffic Act 1974, District Courts (Scotland) Act 1975, Criminal Procedure (Scotland) Act 1975, Protection of Birds (Amendment Act) 1976; Schedule 9, paragraph 3(3).
In this Act . . . — and the terms “indictable”, “summary” and “triable either way”, in their application to offences, shall be construed accordingly.
“indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;
“summary offence” means an offence which, if committed by an adult, is triable only summarily;
“offence triable either way” means an offence which, if committed by an adult, is triable either on indictment or summarily;
In the definitions in subsection (1) above references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of section 22 of the Magistrates’ Courts Act 1980 (cases where value involved is small) on the mode of trial.
This Act may be cited as the Criminal Law Act 1977.
The provisions of sections 15 to 32 and 48 above, so far as they relate to proceedings before magistrates’ courts, shall be construed as one with the Magistrates’ Courts Act 1980, except that in those provisions “fine” shall include any pecuniary penalty.
Except where the context otherwise requires, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as extended or applied, by or under any other enactment, including this Act.
The enactments specified in Schedule 12 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.
Subject to the transitional provisions contained in this Act, the enactments specified in Schedule 13 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different purposes.
Without prejudice to any other transitional provision contained in this Act, the transitional provisions contained in Schedule 14 to this Act shall have effect.
Without prejudice to Schedule 14 or any other transitional provision contained in this Act, an order under subsection (7) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.
Part V and, so far as there provided, the provisions mentioned in section 63(2) above extend to Scotland;
the following provisions extend to Northern Ireland namely—
section 31 and Schedule 6, so far as they amend any enactment which extends to the Channel Islands or the Isle of Man, extend to the Channel Islands or the Isle of Man, as the case may be;
subsections (4) and (5) above and Schedules 12 and 13, so far as they relate to— extend to Northern Ireland, the Channel Islands and the Isle of Man (as well as, by virtue of paragraph (a) above, to Scotland;
section 45 of the Prison Act 1952 (in its application to persons for the time being in Northern Ireland or in the Channel Islands or the Isle of Man);
Part III and section 39(1) of the Criminal Justice Act 1961; and
sections 60 and 63 of the Criminal Justice Act 1967 (in their application to persons for the time being in Northern Ireland or in the Channel Islands or the Isle of Man),
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Sections 15 and 30. 1 2 3 4 5 Offence Enactment Amendment Old Penalties New penalties Night Poaching Act 1828 (c. 69) 1. Offences under section 1 (taking or destroying game or rabbits by night or entering land for that purpose). Section 1 For the words from “such offender” onwards substitute “he shall be liable on summary conviction to a fine not exceeding £200”. (a) for a first offence, on summary conviction, 3 months or £100 and, in default of finding sureties of £10, a further 6 months; £200. (b) for a second offence, on summary conviction, 6 months or £100 and, in default of finding sureties of £20, a further 12 months; (c) for a third offence, on conviction on indictment, 2 years or a fine or both. 2. . . . . . . . . . . . . Public Meeting Act 1908 (c. 66) 3. Offences under section 1(1) (endeavouring to break up a public meeting). Section 1(1). After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both”. (a) on summary conviction 3 months or £100 or both; 6 months or £1,000 or both. (b) on conviction on indictment 12 months or £500 or both. Children and Young Persons Act 1933 (c. 12) 4. Offences under section 3 (allowing persons under 16 to be in brothels). Section 3. For the words from “guilty” to “twenty-five pounds” substitute “liable on summary conviction to a fine not exceeding £50”. (a) on summary conviction 6 months or £25 or both; 6 months or £50 or both. (b) on conviction on indictment 6 months or £25 or both. Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6.) (c. 6) 5.Offences under section 5 (conduct conducive to breaches of the peace). Section 5 (as substituted by section 7 of the Race Relations Act 1965). After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or to both”. (a) on summary conviction 3 months or £100 or both; 6 months or £1,000 or both. (b) on conviction on indictment 12 months or £500 or both. Water Act 1945 (c. 42) 6. . . .. . . .. . . . . . . . . . . . .. 7, 8. . . . . . . . . . . . . 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11—13. . . . . . . . . . . . . 14—16 . . . . . . . . . . . . Betting Gaming and Lotteries Act 1963 (c.2) 17. ... Police Act 1964 (c. 48) 18.. . . . . . . . .. . . . . . . Theatres Act 1968 (c. 54) 19. Offences under section 6 (provocation of breach of the peace by means of public performance of play). Section 6(2). For paragraphs (a) and (b) subtitute “on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both”. (a) on summary conviction 3 months or £100 or both; 6 months or £1,000 or both. (b) on conviction on indictment 12 months or £500 or both. 20. . . . . . . . . . . . . Health and Safety at Work etc. Act 1974 (c. 37) 21. Offences under section 33(5) (continuing contravention of improvement notice, prohibition notice or court order). Section 33(5). For the words from “liable” to “£50” substitute “liable on summary conviction to a fine not exceeding £100”. £50 for each day on which the contravention continues. £100 for each day on which the contravention continues.
Offences at common law of public nuisance.
Offences under section 8 of the Disorderly Houses Act 1751 (appearing to be keeper of bawdy house etc.).
Offences consisting in contravention of section 13 of the Statutory Declarations Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).
Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on railways).
Offences under the following provisions of the Offences against the Person Act 1861—
section 16 (threats to kill);
section 26 (not providing apprentices or servants with food etc.);
section 34 (doing or omitting to do anything so as to endanger railway passengers);
section 36 (assaulting a clergyman at a place of worship etc.);
section 38 (assault with intent to resist apprehension);
section 57 (bigamy).
Offences under section 13 of the Debtors Act 1869 (transactions intended to defraud creditors).
Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent to conceal).
Offences under section 12 of the Corn Returns Act 1882 (false returns).
Offences under section 22 of the Electric Lighting Act 1882 (injuring works with intent to cut off electricity supply).
Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables).
Offences under section 8(2) of the Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).
All offences under the Perjury Act 1911 except offences under—
section 1 (perjury in judicial proceedings);
section 3 (false statements etc. with reference to marriage);
section 4 (false statements etc. as to births or deaths);
section 5 (false statutory declarations and other false statements without oath) so far as it relates to statements in statutory declarations.
The following offences under the Forgery Act 1913—
offences under paragraph (a) of section 2(2) (forgery of valuable security etc.) in relation to any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels, where the amount of money or the value of the goods or chattels does not exceed £1,000 but does exceed £100 ;
offences under paragraph (a) of section 7 (demanding property on forged documents), where the amount of the money or the value of the property in respect of which the offence is committed does not exceed £1,000 but does exceed £100.
Offences under section 17 of the Deeds of Arrangement Act 1914 (trustee making preferential payments).
Offences under section 3(4) of the Checkweighing in Various Industries Act 1919 (false statements).
Offences under section 8(2) of the Census Act 1920 (disclosing census information).
Offences under the following provisions of the Sexual Offences Act 1956—
section 6 (unlawful sexual intercourse with a girl under 16);
section 26 (permitting a girl under 16 to use premises for sexual intercourse).
Offences under section 3(1) of the Shipping Contracts and Commercial Documents Act 1964 (offences), so far as it relates to the contravention of any direction under that Act.
The following offences under the Criminal Law Act 1967— where the offence to which they relate is triable either way otherwise than by virtue of section 16(2) above.
offences under section 4(1) (assisting offenders) ; and
offences under section 5(1) (concealing arrestable offences and giving false information),
The following offences under the Theft Act 1968—
burglary in a dwelling where entry to the dwelling or part of it in which the burglary was committed, or to any building or part of a building containing the dwelling, was obtained by force or deception or by the use of any tool, key or appliance, except where any person in the dwelling was subjected to violence or the threat of violence ;
handling stolen goods from an offence not committed in the United Kingdom.
Uttering any forged document the forgery of which is an offence mentioned in this Schedule.
Aiding, abetting, counselling or procuring the commission of any offence mentioned in the preceding paragraphs of this Schedule except paragraph 19.
Attempting to commit any offence mentioned in the preceding paragraphs of this Schedule except paragraphs 19 and 22.
Any offence consisting in the incitement to commit an offence mentioned in the preceding paragraphs of this Schedule except paragraphs 22 and 23.
Sections 16 and 28.
Offences at common law of public nuisance.
Offences under section 8 of the Disorderly Houses Act 1751 (appearing to be keeper of bawdy house etc.).
Offences consisting in contravention of section 13 of the Statutory Declaration Act 1835 (administration by a person of an oath etc. touching matters in which he has no jurisdiction).
Offences under section 36 of the Malicious Damage Act 1861 (obstructing engines or carriages on railways).
Offences under the following provisions of the Offences against the Person Act 1861—
section 16 (threats to kill) ;
section 20 (inflicting bodily injury, with or without a weapon) ;
section 26 (not providing apprentices or servants with food etc.);
section 27 (abandoning or exposing child) ;
section 34 (doing or omitting to do anything so as to endanger railway passengers);
section 36 (assaulting a clergyman at a place of worship etc.);
section 38 (assault with intent to resist apprehension);
section 47 (assault occasioning bodily harm—common assault);
section 57 (bigamy);
section 60 (concealing the birth of a child).
Offences under section 20 of the Telegraph Act 1868 (disclosing or intercepting messages).
Offences under section 13 of the Debtors Act 1869 (transactions intended to defraud creditors).
Offences under section 5 of the Public Stores Act 1875 (obliteration of marks with intent to conceal).
Offences under section 12 of the Corn Returns Act 1882 (false returns).
Offences under section 22 of the Electric Lighting Act 1882 (injuring works with intent to cut off electricity supply).
Offences under section 3 of the Submarine Telegraph Act 1885 (damaging submarine cables).
Offences under section 13 of the Stamp Duties Management Act 1891 (offences in relation to dies and stamps).
Offences under section 8(2) of the Cremation Act 1902 (making false representations etc. with a view to procuring the burning of any human remains).
All offences under the Perjury Act 1911 except offences under—
section 1 (perjury in judicial proceedings);
section 3 (false statements etc. with reference to marriage);
section 4 (false statements etc. as to births or deaths).
The following offences under the Forgery Act 1913—
offences under paragraph (a) of section 2(2) (forgery of valuable security etc.) in relation to—
any document being an accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal; or
any document being an authority or request for the payment of money or for the delivery or transfer of goods and chattels, where the amount of money or the value of the goods or chattels does not exceed £1,000 ;
offences under section 4 (forgery of documents in general); and
offences under paragraph (a) of section 7 (demanding property on forged documents), where the amount of the money or the value of the property in respect of which the offence is committed does not exceed £1,000.
Offences under section 17 of the Deeds of Arrangement Act 1914 (trustee making preferential payments).
Offences under section 3(4) of the Checkweighing in Various Industries Act 1919 (false statements).
Offences under section 8(2) of the Census Act 1920 (disclosing census information).
Offences under section 36 of the Criminal Justice Act 1925 (forgery of passports etc.).
Offences under section 11 of the Agricultural Credits Act 1928 (frauds by farmers).
Offences under the following provisions of the Coinage Offences Act 1936—
section 4(1) (defacing coins);
section 5(1) (uttering counterfeit coin);
section 5(2) (uttering counterfeit gold or silver coin);
section 5(3) (possession of counterfeit gold or silver coin);
section 5(4) (possession of counterfeit copper coin);
section 5(6) (uttering coins etc. as gold or silver coins);
section 7 (importing and exporting counterfeit coin);
section 8 (making, possessing or selling medals resembling gold or silver coin).
Offences under the following provisions of the Post Office Act 1953—
section 53 (unlawfully taking away or opening mail bag);
section 55 (fraudulent retention of mail bag or postal packet);
section 57 (stealing, embezzlement, destruction etc. by officer of Post Office of postal packet) ;
section 58 (opening or delaying of postal packets by officers of the Post Office).
Offences under the following provisions of the Sexual Offences Act 1956—
section 6 (unlawful sexual intercourse with a girl under 16);
section 13 (indecency between men) ;
section 26 (permitting a girl under 16 to use premises for sexual intercourse).
Offences under section 3(1) of the Shipping Contracts and Commercial Documents Act 1964 (offences), so far as it relates to the contravention of any direction under that Act.
Offences under section 24B(7) of the Housing Subsidies Act 1967 (failure to notify lender that residence condition not fulfilled or ceased to be fulfilled).
The following offences under the Criminal Law Act 1967— where the offence to which they relate is triable either way.
offences under section 4(1) (assisting offenders); and
offences under section 5(1) (concealing arrestable offences and giving false information),
Offences under section 4(1) of the Sexual Offences Act 1967 (procuring others to commit homosexual acts).
All indictable offences under the Theft Act 1968 except:—
robbery, aggravated burglary, blackmail and assault with intent to rob;
burglary comprising the commission of, or an intention to commit, an offence which is triable only on indictment;
burglary in a dwelling if any person in the dwelling was subjected to violence or the threat of violence.
Offences under the following provisions of the Criminal Damage Act 1971— section 1(1) (destroying or damaging property); section 1(1) and (3) (arson); section 2 (threats to destroy or damage property); section 3 (possessing anything with intent to destroy or damage property).
Offences in relation to stamps issued for the purpose of national insurance under the provisions of any enactments as applied to those stamps.
Uttering any forged document the forgery of which is an offence listed in this Schedule.
Committing an indecent assault upon a person whether male or female.
Aiding, abetting, counselling or procuring the commission of any offence listed in the preceding paragraphs of this Schedule except paragraph 26.
Attempting to commit an offence triable either way except an offence mentioned in paragraph 26 or 33 above.
Any offence consisting in the incitement to commit an offence triable either way except an offence mentioned in paragraph 33 or 34 above.
Section 23. Offence Value involved How measured 1971 c. 48. As regards property alleged to have been destroyed, its value. What the property would probably have cost to buy in the open market at the material time. If immediately after the material time the damage was capable of repair— what would probably then have been the market price for the repair of the damage, or what the property alleged to have been damaged would probably have cost to buy in the open market at the material time, whichever is the less; or if immediately after the material time the damage was beyond repair, what the said property would probably have cost to buy in the open market at the material time. As regards property alleged to have been damaged, the value of the alleged damage. 2. The following offences, namely— aiding, abetting, counselling or procuring the commission of any offence mentioned in paragraph 1 above; attempting to commit any offence so mentioned; and inciting another to commit any offence so mentioned. The value indicated in paragraph 1 above for the offence alleged to have been aided, abetted, counselled or procured, or attempted or incited. As for the corresponding entry in paragraph 1 above.
Section 28.
The Misuse of Drugs Act 1971 shall be amended as follows— The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely— The offences to which (as provided in section 28(8) above) section 28(2) above does not apply are— In this paragraph “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the Misuse of Drugs Act 1971.
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1 2 3 4 Enactment creating offence Penalty enactment Old maximum fine New maximum fine Metropolitan Police Act 1839 (c. 47) Offences under section 54 (miscellaneous offences in thoroughfares, including furious driving, obstructing a thoroughfare and discharging firearms). Section 54 (as amended by Schedule 3 to the Criminal Justice Act 1967). £20 £50. . . . . . . . . . . . . Licensing Act 1872 (c. 94) Offences under the first paragraph of section 12 (being found drunk in a highway or other public place). Section 12 (as amended by section 1 of the Penalties for Drunkenness Act 1962). £5. £25. . . . . . . . . . . . . Licensing Act 1902 (c. 28) Offences under section 2(1) (being drunk in a highway or other public place while in charge of a child). Section 2(1) (as amended by section 1 of the Penalties for Drunkenness Act 1962). £10. £50. . . . . . . . . . . . . Protection of Animals (Scotland) Act 1912 (c. 14) Offences under section 1(1) (inflicting of unnecessary suffering on, and cruelty to, animals). Section 1 (1) (as amended by section 3 of the Protection of Animals (Amendment) Act 1954.) £50. £500. Children and Young Persons Act 1933 (c. 12) Offences under section 39(2) (Publication of matters identifying juveniles in court proceedings). Section 39(2). £50. £500. Offences under section 49 (newspaper reports of proceedings in juvenile courts). Section 49(2). £50. £500. Protection of Animals Act 1934 (c. 21) Offences under section 1(1) (prohibition of certain public contests, performances and exhibitions with horses or bulls). Section 2. £100. £500. Public Health Act 1936 (c. 49) . . . . . . . . . . . . . . . . . . . . . . . . Offences under section 290(6) (failure to execute works). Section 290(6). £5. £500. Public Order Act 1936 (1 Edw. 8. & 1 Geo. 6.) (c. 6) Offences under the following provisions— Section 7(2). £50. £500. section 1(1) (wearing uniform signifying association with political organisation); section 3(4) (knowingly failing to comply with conditions as regards processions); section 4(1) (possession of offensive weapon at public meeting). Children and Young Persons (Scotland) Act 1937 (c.37) Offences under section 46(2) (Publication of matters identifying juveniles in court proceedings). Section 46(2). £50. £500. Cinematograph Films (Animals) Act 1937 (c.59) Offences under section 1(1) (prohibition of films in production of which suffering has been caused to animals). Section 1(3). £100. £200. . . . Nursing Homes Registration (Scotland) Act 1938 (c. 73) Any offence under the Act for which no express penalty is provided, except an offence under section 1(4). Section 8 (as amended by Schedule 3 to the Criminal Justice Act 1967). £20. £500. Education Act 1944 (c. 31) . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . Water (Scotland) Act 1946 (c. 42) Offences under section 59(3) (contravention of prohibition or restriction on use of hosepipes). Section 59(3). £5. £200. Any offence consisting in a contravention of section 30(1) of Schedule 4 (wasting water by non-repair of pipes etc.). Section 30(1) of Schedule 4. £5. £200. Any offence consisting in a contravention of section 33 of Schedule 4 (causing the supply of water to be interfered with). Sectionn 33 of Schedule 4. £5. £200. Fire Services Act 1947 (c. 41) offences under section 31(1) (giving false fire alarm). Section 31(1) (as amended by Schedule 3 to the Criminal Justice Act 1967). £50. £500. National Assistance Act 1948 (c. 29) . . . . . . . . . . . . . . . . . . . . . . . . Offences under section 55(2) (obstruction). Section 55(2) (as amended by Schedule 3 to the Criminal Justice Act 1967). £10 for a first offence and £20 for a second or subsequent offence. £500 . . . . . . . . . . . . Agriculture (Scotland) Act 1948 (c. 45) Offences under section 50(1) (prohibition of night shooting and use of spring traps). Section 50(2). £20 for a first offence and £50 for a second or subsequent offence. £200. Offences under section 50A(1) (open trapping of hares and rabbits). Section 50A(2). £20 for a first offence and £50 for a second or subsequent offence. £200. . . . . . . . . . . . . Docking and Nicking of Horses Act 1949 (c. 70) Offences under section 1(1) (prohibition of docking or nicking horses). Section 1(3). £25. £200. Offences under section 2(3) (offences in connection with importation of docked horses). Section 2(3). £25. £200. Offences under section 2(4) (making a false statement). Section 2(4). £25. £200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cockfighting Act 1952 (c. 59) Offences under section 1(1) (possession of appliances for use in fighting of domestic fowl). Section 1(1). £25. £200. Dogs (Protection of Livestock) Act 1953 (c. 28) Offences under section 1(1) (owning or keeping a dog which worries livestock). Section 1(6) (as amended by Schedule 3 to the Criminal Justice Act 1967). £20 for a first offence and £50 for a second or subsequent offence in respect of the same dog. £200. . . . . . . . . . . . . Pests Act 1954 (c. 68) Offences under section 8(1) (restrictions on unlawful spring traps). Section 8(2). £20 for a first offence and £50 for a second or subsequent offence. £200. Offences under section 9(1) (open trapping of hares and rabbits). Section 9(2). £20, or, if the offender has been previously convicted as mentioned in section 9(2), £50. £200. Offences under section 12 (spreading of myxomatosis). Section 12. £20 for a first offence and £50 for a second or subsequent offence. £200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Street Offences Act 1959 (c. 57) Offences under section 1 (loitering or soliciting for purposes of prostitution). Section 1(2). £10 for a first offence and £50 for a second or subsequent offence. £50 for a first offence and £200 for a second or subsequent offence. Mental Health Act 1959 (c. 72) Offences under section 20(2) (breach of a condition of the registration of a residential home). Section 20(2) (as amended by Schedule 3 to the Criminal Justice Act 1967). £20. £500. . . . . . . . . . . . . Animals (Cruel Poisons) Act 1962 (c. 26) Offences under section 1 (offences in connection with use of prohibited poison for destroying animals). Section 1 £50. £200. Education (Scotland) Act 1962 (c. 47) Offences under the following provisions— Section 43(1) (as amended by Schedule 3 to the Criminal Justice Act 1967). £10 for a first offence and £20 for a second or subsequent offence. £50. section 35(1) (failure by parent to secure regular attendance by his child at a public school); section 41 (failure to comply with requirements of school attendance order); section 42(3) (refusal to allow medical officer of appropriate Health Board to examine child). Deer Act 1963 (c. 36) Any offence under the Act. Section 8. £20 for a first offence and £50 for a second or subsequent offence. £500. Licensing Act 1964 (c. 26) . . . . . . . . . . . . Offences under section 174(2) (refusal of person who is drunk etc. to leave licensed premises on request). Section 174(2). £5. £25. . . . . . . . . . . . . . . . Housing (Scotland) Act 1966 (c. 49) Offences under section 110(1)(a) and (b) (failure to comply with notice requiring execution of works) where committed in respect of a notice served under section 107 (provision of means of escape from fire). Section 110(1)(a) and (b). £100. £500. Road Traffic Regulation Act 1967 (c. 76) Offences under section 13(4) (Contravention of provisions as to use of special roads). Section 13(4) (as amended by Part II of Schedule 5 to the Road Traffic Act 1974). £100. £500. Police (Scotland) Act 1967 (c. 77) Offences under section 41(1) (assaults on constables etc), where the offender has not, within the period of two years immediately preceding the offence, been convicted of an offence against the section. Section 41(1). £50. £500. Sea Fisheries (Shellfish) Act 1967 (c. 83) Offences under section 7(4) (using prohibited fishing implements etc. in an area of fishery or oyster bed to which section applies). Section 7(4). £2 for a first offence, £5 for a second offence and £10 for a third or subsequent offence. £200. Abortion Act 1967 (c. 87) Offences under section 2(3) (contravening or failing to comply with regulations as to notification). Section 2(3). £100. £1000. Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) Offences under the following provisions— Section 7(1). £100 for a first offence and £200 for a second or subsequent offence. £500. section 1(1) (prevention of unnecessary pain and distress to livestock); section 2(2) (breach of regulations with respect to welfare of livestock). Social Work (Scotland) Act 1968 (c. 49) Offences under section 6(5) (obstructing officer in exercise of power under section 6). Section 6(5). £10 for a first offence and £50 for a second or subsequent offence. £500. Offences under section 60(3) (failure to comply with regulation etc. in respect of the control of residential and other establishments). Section 60(3). £50. £500. Offences under section 61(3) (carrying on establishment without registration). Section 61(3). £50 for a first offence and £100 for a second or subsequent offence. £500. Offences under section 62(6) (failure to comply with a condition of the registration of an establishment). Section 62(6). £50 for a first offence and £100 for a second or subsequent offence. £500. Offences under section 65(4) (obstructing officer in exercise of power under section 65). Section 65(4). £10 for a first offence and £50 for a second or subsequent offence. £500. . . . . . . . . . . . . £500. . . . . . . . . . . . . Late Night Refreshment Houses Act 1969 (c.53) Offences under section 9(4) (refusal of person who is drunk, etc. to leave licensed late night refreshment house on request). Section 11(3). £5. £25. Employers’ Liability (Compulsory Insurance) Act 1969 (c.57) Offences under section 4(3) (offences in relation to certificates of insurance). Section 4(3). £50. £200. Offences under section 5 (employer failing to insure employee). Section 5. £200. £500. Conservation of Seals Act 1970 (c. 30) Any offence under the Act, except an offence under section 11(7). Section 5(2). £50 for a first offence and £100 for a second or subsequent offence. £500. Misuse of Drugs Act 1971 (c. 38) Offences under section 17(3) (failure to comply with notice requiring information relating to prescribing supplying etc. of drugs) Schedule 4. £100. £200. Road Traffic Act 1972 (c. 20) Offences under section 3 (careless, and inconsiderate, driving). Part I of Schedule 4 (as amended by Part III of Schedule 5 to the Road Traffic Act 1974). £200. £500. Poisons Act 1972 (c. 66) Any offence under section 8(1) (contravention of provisions of sections 1 to 7, other than section 6(4), or of the Poisons Rules). Section 8(1). £50. £500. Offences under section 6(4) (using title etc. falsely to suggest entitlement to sell poison). Section 6(4) £20. £50. Offences under section 9(8) (obstructing an inspector etc.). Section 9(8). £5. £50. Health and Safety at Work etc. Act 1974 (c.37) Offences under the following provisions— Section 33(2). £400. £1,000. section 33(1)(d) (contravening requirement imposed by or under section 14 or obstructing any person in exercise of his powers under section 14); section 33(1)(e) (contravening requirement imposed by inspector) where the requirement contravened was imposed under section 20; section 33(1)(f) (preventing etc. any other person from appearing before inspector); section 33(1)(h) (intentionally obstructing an inspector); section 33(1)(n) (falsely pretending to be an inspector). Control Of Pollution Act 1974 (c. 40) Offences under section 78(1) (burning insulation from a cable). Section 78(2) (as substituted by the Clean Air Enactments (Repeals and Modifications) Regulations 1974). £400. £1,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Salmon and Freshwater Fisheries Act 1975 (c. 51) Offences against any provision of the Act not specified in the Table in Part I of Schedule 4. Paragraph 1(2) of Schedule 4. £50 for a first offence and £100 for a second or subsequent offence. £500. Offences under section 1 (fishing with certain instruments for salmon, trout or freshwater fish and possessing certain instruments for fishing for such fish) if not acting with another. The Table in Part I of Schedule 4. £50 for a first offence and £100 for a second or subsequent offence. £500. Offences under section 19(2) (fishing for salmon during the annual close season or weekly close time). The said Table. £100 for a first offence and £200 for a second or subsequent offence. £500. Offences under section 19(4) (fishing for trout during the annual close season or weekly close time). The said Table. £100 for a first offence and £200 for a second or subsequent offence. £500. Offences under section 19(6) (fishing for freshwater fish during the annual close season for freshwater fish and fishing for eels by means of a rod and line during that season). The said Table. £100 for a first offence and £200 for a second or subsequent offence. £500. Offences under section 19(7) (fishing for rainbow trout during the annual close season for rainbow trout and fishing for eels by means of a rod and line during that season). The said Table. £100 for a first offence and £200 for a second or subsequent offence. £500. Offences under section 21 (prohibition on use of certain devices at certain times). The said Table. £100 for a first offence and £200 for a second or subsequent offence. £500. Offences under section 27 (fishing for fish otherwise than under the authority of a licence and possessing an unlicensed instrument with intent to use it for fishing) if not acting with another. The said Table. £50 for a first offence and £100 for a second or subsequent offence. £500. Prevention of Terrorism (Temporary Provisions) Act 1976 (c. 8) Offences under section 2(1) (display of support in public for a proscribed organisation). Section 2(1). £400. £1,000. Offences under paragraph 1(9) of Schedule 3 (contravention of order under section 13). Paragraph 1(9) of Schedule 3. £200. £500.
Section 40.
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A court which, on adjourning a case, makes an order under section 41(1) above is not required at that time to fix the time and place at which the case is to be resumed but shall do so as soon as practicable after the order ceases to be in force.
Where an order under subsection (1) of section 41 above is made in the course of proceedings which, for the purposes of section 3 of the Criminal Justice Act 1967 (reporting restrictions and their removal), are committal proceedings, proceedings relating to the accused before the alternate court are also committal proceedings for those purposes.
A court making an order under subsection (1) of section 41 above or remanding the accused under subsection (4) shall at once notify the court before which the accused is to be brought as to the terms of the order or remand.
A person to whom an order under section 41(1) above applies shall, if released on bail, be bailed to appear before the court which made the order.
Section 41 above and this Schedule have effect notwithstanding anything in sections 6 and 14 of the Magistrates' Courts Act 1952 or section 19(4) above.
Section 47.
Where a court makes an order under section 47(1) above with respect to a sentence of imprisonment, it shall not make a probation order in the offender’s case in respect of another offence of which he is convicted by or before that court, or for which he is dealt with by that court.
In relation to a sentence of imprisonment part of which is held in suspense, the courts competent under section 47(3) above are— Where an offender is convicted by a magistrates’ court of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the whole period of a sentence passed by the Crown Court with an order under section 47(1) above— For the purposes of this and the next following paragraph, a sentence of imprisonment passed on an offender with an order under section 47(1) above shall be treated as having been passed (with such an order) by the court which originally sentenced him.
If it appears to the Crown Court, where that court has jurisdiction in accordance with sub-paragraph (2) below, or to a justice of the peace having jurisdiction in accordance with that sub-paragraph that an offender has been convicted in Great Britain of an offence punishable with imprisonment committed during the whole period of a sentence passed with an order under section 47(1) above and that he has not been dealt with in respect of the part of the sentence held in suspense, that court or justice may, subject to the following provisions of this paragraph, issue a summons requiring the offender to appear at the place and time specified therein, or a warrant for his arrest. Jurisdiction for the purposes of sub-paragraph (1) above may be exercised— Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the whole period of a sentence passed in England and Wales with an order under section 47(1) above, the court shall give written notice of the conviction to the appropriate officer of the court by which the original sentence was passed. Unless he is acting in consequence of a notice under sub-paragraph (3) above, a justice of the peace shall not issue a summons under this paragraph except on information and shall not issue a warrant under this paragraph except on information in writing and on oath. A summons or warrant issued under this paragraph shall direct the offender to appear or to be brought before the court by which the original sentence of imprisonment was passed.
Where the offender is before the Crown Court with a view to the exercise by that court of its powers under section 47(3) above, any question whether and, if so, when he has been convicted of an offence shall be determined by the court and not by the verdict of a jury.
Where the offender has been before a court with a view to its exercising those powers, the appropriate officer shall—
if the court decided not to exercise the powers, record that fact; and
whether or not it exercised them, notify the appropriate officer of the court which passed the original sentence as to the manner in which the offender was dealt with.
For the purposes of any enactment conferring rights of appeal in criminal cases, the restoration by a court under section 47(3) above of a part of a sentence held in suspense shall be treated as a sentence passed on the offender by that court for the original offence, that is to say the offence for which the original sentence was passed with an order under section 47(1) above.
This paragraph applies where—
Subject to section 60(1C) of the Criminal Justice Act 1967 (release on licence), where a sentence of imprisonment is passed with an order under section 47(1) above, it is still to be regarded for all purposes as a sentence of imprisonment for the term stated by the court, notwithstanding that part of it is held in suspense by virtue of the order; and, for the avoidance of doubt, a sentence of which part is held in suspense by virtue of such an order is not to be regarded as falling within the expression “suspended sentence” for the purposes of any legislation, instrument or document.
Where an offender is sentenced to imprisonment with an order under section 47 above and, having served part of the sentence in prison, is discharged under section 25(1) of the Prison Act 1952 (remission for industry and good conduct), the remainder of the sentence being held in suspense, the sentence is not to be regarded as expiring under that section.
In section 21 of the Firearms Act 1968 (prohibition on possession of firearms by persons previously convicted of crime), after subsection (2) there shall be inserted—.
In section 67 of the Criminal Justice Act 1967 (computation of sentence where offender has been previously in custody), in subsection (1), after “arose, but” there shall be inserted “(a)”, . . . .
In section 1 of the Rehabilitation of Offenders Act 1974 (general principle as to rehabilitation when conviction is spent), after subsection (2) there shall be inserted—.
There shall be inserted after section 193 a new section as follows—.
There shall be inserted after section 283 a new section as follows—.
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In section 289(a), for “£150” there shall be substituted “the prescribed sum (within the meaning of section 289B below)”. In section 289(b) for “£150” there shall be substituted “the prescribed sum (within the meaning of section 289B below)]”.
There shall be inserted after section 289 new sections as follows—.
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For section 394(b) there shall be substituted the following paragraph—.
In section 397(1) for the words “or under section 72A of the Magistrates’ Courts Act 1952” there shall be substituted the words “, under section 72A of the Magistrates’ Courts Act 1952 or under section 104A of the Magistrates’ Courts Act (Northern Ireland) 1964]”.
In section 414(1) after the word “convicted” there shall be inserted the words “summarily by a sheriff or stipendiary magistrate]”.
In section 462, in the interpretation of “fine” there shall be inserted after the word “includes” the words “(a) any pecuniary penalty, and (b)]”.
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items 4, 6, 7, 8 and 18 shall be deleted ; and
the items set out in the following table shall be inserted as there indicated ; and
the items shall be renumbered accordingly.
There shall be inserted a new Schedule 7B which shall be identical with Schedule 5 to this Act except that—
the words " Triable Either Way " in the heading shall be omitted; and
in paragraph 1(2), for the words from the beginning to "does not apply" there shall be substituted the words " The offences to which (as provided in section 289B(7) above) section 289B(1) does not apply ".
There shall be inserted a new Schedule 7C which shall be identical with Schedule 6 to this Act except that the items relating to the following enactments shall be deleted— Metropolitan Police Act 1839 Offences against the Person Act 1861 Licensing Act 1872 Licensing Act 1902 Protection of Animals Act 1911 Children and Young Persons Act 1933 Public Health Act 1936 Education Act 1944 Water Act 1945 sections 37(1) and 40(3) of the National Assistance Act 1948 Children Act 1948 Midwives Act 1951 sections 8 and 9 of the Pests Act 1954 Food and Drugs Act 1955 Nurses Act 1957 Highways Act 1959 Street Offences Act 1959 Mental Health Act 1959 Deer Act 1963 Licensing Act 1964 Police Act 1964 Housing Act 1964 Housing Act 1969 Late Night Refreshment Houses Act 1969 Nursing Homes Act 1975.
Section 65.
In section 2 (assaults by persons committing offences under the Act), for the words from "whether it be" onwards substitute " be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both " .
In section 9 (entering land, with others, armed and for the purpose of taking or destroying game or rabbits), for the words from "at the discretion of the court" onwards substitute " on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both. ".
In section 2 (assaults by persons committing offences under the Act), for the words from “whether it be” onwards substitute “be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding £500, or both”.
In section 9 (entering land, with others, armed and for the purpose of taking or distroying game or rabbits), for the words from “at the discretion of the court” onwards substitute “on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500, or to both”.
Section 24 (offence of possessing stolen goods without a satisfactory explanation) shall cease to have effect.
Section 24 (offence of possessing stolen goods without a satisfactory explanation) shall cease to have effect.
and of which the part which is held in suspense were the aggregate of all parts of the sentences which were ordered to be held in suspense under that section. Section 47(6) of this Act shall have effect, in relation to any consecutive sentence passed with an order under section 47(1) of this Act, as if for the words following the word “prison” there were substituted the following wordsif— . In this paragraph “a consecutive sentence” means a sentence which is one of two or more sentences of imprisonment the terms of which have been ordered to run consecutively.
In section 8 (abettors in misdmeanors,) for “any misdemeanor” substitute “any indictable offence”, and for “a misdemeanor” substitute “an offence”.
For section 16 (sending letters threatening to murder) substitute—
in the case of a person under that age arrested in Northern Ireland, a young offenders centre; and
Section 7 (offences of possessing, without a satisfactory explanation public stores suspected of being stolen) and section 9 (offence, applicable to certain dealers and others, of possessing, without a satisfactory explanation, property reasonabley believed to be public stores) shall cease to have effect.
“imprisonment” includes, in the case of a person who is under the age of 21 years, detention;
In section 3(1) (attempt to cause explosion, or making or keeping explosive, with intent to endanger life or property in the United Kingdom or the Republic of Ireland), for “a term not exceeding twenty years” substitute “life”.
Section 4(2) (duty of coroner to take depositions in a case of murder or manslaughter) shall cease to have effect.
In section 2(1) (under which an offence carrying a sentence of five years imprisonment or more is an arrestable offence) after " five years" insert " (or might be so sentenced but for the restrictions imposed by section 29 of the Criminal Law Act 1977) " and at the end add— The said restrictions are those which apply where, in pursuance of subsection (2) of section 23 of the said Act of 1977 (certain offences to be tried summarily if value involved is small) a magistrates' court summarily convicts a person of a scheduled offence within the meaning of the said section 23.
in paragraph (b), for " hear " substitute " try "; and
after that paragraph add " and sections 19 to 26 of the Criminal Law Act 1977 shall (in either case) not apply. ".
In section 29(5)(carrying on an unregistered voluntary home) omit the words from “and to a further fine” onwards (which provide for a fine of £2 in respect of each day during which an offence under the subsection continues after conviction).
Section 19 (attendance at an attendance centre) shall be amended as follows.
In subsection (3) (power to discharge or vary an order for attendance at a centre)—
for the words from the beginning to " acts " (which restrict jurisdiction under the subsection to the court which made the order or a justice acting for the same petty sessional division or place as that court) substitute " A magistrates' court acting for the petty sessions area in which the attendance centre specified in an order made under subsection (1) of this section is situated " ; and
omit " or justice " .
In subsection (7) (power to deal with offender for failure to attend, or breach of rules while attending, at centre)—
for "the petty sessional division or place for which the court which made the order acts" substitute " the petty sessions area in which the attendance centre specified in the order is situated "; and
for the words from " a court" to " the justice acts" substitute " a magistrates' court acting for that area ".
In section 45, as amended by Schedule 4 to the Criminal Justice Act 1961 (release of persons sentenced to Borstal training), substitute " one year "for " two years "—
in subsection (3) (where those words give the period of supervision after release);
in the first place where they occur in subsection (4) (where they give the period of liability to recall) ; and
wherever they occur in the proviso to subsection (4).
Paragraph 1 above shall not apply in relation to a person sentenced to Borstal training whose original release from a Borstal institution occurred before the coming into force of this paragraph.
In section 2 (jurisdiction to deal with charges)—
in subsection (4) jurisdiction of magistrates' court to try an indictable offence summarily), for the words from the beginning to " indictable offence " substitute—; and
after subsection (4) insert—.
In section 14(4), for the words from " if" to " examining justices " (which state the circumstances in which a court adjourning the trial of an information is obliged to remand the accused) substitute if the offence is triable either way and—.
In section 22 (effect of dismissal of information for indictable offence), for the words from " that" to " only " substitute " triable either way ".
In section 23 (using in summary trial evidence given before examining justices), for " the preceding provisions of this Act" substitute " section 25(3) or (7) of the Criminal Law Act 1977 " .
In section 29 (committal for sentence for indictable offence tried summarily), for the words from the beginning to " indictable offence " substitute " Where on the summary trial of an offence triable either way (not being an offence as regards which this section is excluded by section 29 of the Criminal Law Act 1977) " .
In section 35 (aiders and abettors), before the words "A person " insert " (1) " and at the end add—.
In section 87(2) (time-limit of fourteen days for applying to magistrates' court to state a case) for " fourteen days " substitute " twenty-one days ". Sub-paragraph (1) above shall not apply in relation to a decision of a magistrates' court given before the coming into force of this paragraph.
In section 98(3)(b) (requirements as to place of sitting of magistrates' court exercising certain functions) for " an offence that is not indictable " substitute " a summary offence " .
In section 105(4) proviso (c) (power of magistrates' court to remand for more than eight days if not constituted or sitting in a place allowing it to proceed to summary trial of an offence triable either way), for the words from " on indictment " to " but" substitute " either way, then, if it falls to the court to try the case summarily but the court " .
In section 108(2) (power of a magistrates' court to impose consecutive terms of imprisonment for an indictable offence tried summarily subject to an overall limit of 12 months), for the words " an indictable offence tried summarily under section 19 of this Act" substitute " an offence triable either way which was tried summarily otherwise than in pursuance of section 23(2) of the Criminal Law Act 1977 ".
After section 130 insert—.
In Schedule 2 (corporations)—
in paragraph 3, for sub-paragraph (b) (representative of corporation may consent or object to summary trial or claim trial by jury), substitute—;
for paragraph 9 (corporation and individual jointly charged with corporation not to be tried summarily unless both consent or neither claims jury trial) substitute—.
In section 29(4) (correction of error in register resulting from error in information given by a coroner's certificate), for the words preceding " the coroner, if satisfied ", substitute— .
In section 29(4) (correction of error in register resulting from error in information given by a coroner’s certificate), for the words preceding “the coroner, if satisfied”, substitute— .
A prosecution for an offence to which paragraph 14 or 15 (incest and attempts thereat) of Part II of Schedule 2 (table of offences with mode of prosecution) relates shall not be commenced except by or with the consent of the Director of Public Prosecutions ; and accordingly in sub-paragraph (a) and (b) of each of those paragraphs, in the second column, for the words from " without" to " behalf " substitute " except by or with the consent ".
In paragraphs 17 and 18 of the said Part II (indecent assault)—
summarily (by virtue of section 16(2) of the Criminal Law Act 1977).
As provided by section 28(1) of that Act (that is to say, six months or the prescribed sum within the meaning of that section, or both).
A prosecution for an offence to which paragraph 14 or 15 (incest and attempts thereat) of Part II of Schedule 2 (table of offences with mode of prosecution) relates shall not be commenced except by or with the consent of the Director of Public Prosecutions; and accordingly in sub-paragraph (a) and (b) of each of those paragraphs, in the second column, for the words from “without” to “behalf” substitute “except by or with the consent”.
In paragraphs 17 and 18 of the said Part II (indecent assault)—
for sub-paragraph (ii)in the second column substitute—;
As provided by section 28(1) of that Act (that is to say six months or the prescibed sum within the meaning of that section, or both).
In section 50 (prohibition of certain payments), after subsection (3) insert— In paragraph (c) of this subsection “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit.
In section 3(3) (powers of search and seizure) at end add— Provided also that this subsection does not apply in relation to any article seized under subsection (1) of this section which is returned to the occupier of the premises or, as the case may be, to the user of the stall or vehicle in or on which it was found.
In section 3(3) (powers of search and seizure) at end add— Provided also that this subsection does not apply in relation to any article seized under subsection (1) of this section which is returned to the occupier of the premises or, as the case may be, to the user of the stall or vehicle in or on which it was found.
In section 12(1) (return to borstal institution on re-conviction) for paragraph (b) (which relates to the re-conviction of a person who has become unlawfully at large from such an institution and has not returned or been returned thereto) substitute—.
Section 26 (transfer of prisoner to serve sentence) shall be amended as follows. In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)— In subsection (4) (prisoner transferred to any part of the United Kingdom to be treated as if sentenced by a court there), after " any part of the United Kingdom " insert " or to any of the Channel Islands or the Isle of Man ", and for " in that part of the United Kingdom " substitute " there ". In paragraphs (a) and (b) of subsection (6) (supervision on release otherwise than in place of sentence) after " United Kingdom " insert " or island " .
Section 28 (transfer of prisoner for trial) shall be amended as follows. In subsection (1) (power of responsible Minister to order transfer from one part of the United Kingdom to another)— After subsection (1) insert—. In subsection (2) (treatment of transferred prisoner while he remains in the part of the United Kingdom to which he has been transferred under subsection (1)), omit " subsection (1) of " and after " United Kingdom " insert " or island ". In subsection (3) (transfer back after trial)—
Section 29 (removal of detained person in the interests of justice or for the purposes of a public inquiry) shall be amended as follows. In subsection (1) (power of responsible Minister to direct removal from one place to another within the United Kingdom), after " other part of the United Kingdom " insert " or in any of the Channel Islands or the Isle of Man ". After subsection (1) insert—. In subsection (2), for " responsible Minister" substitute " Minister by whom that direction is given ".
In section 39(1) (interpretation) in paragraph (b) of the definition of " responsible Minister" for " the Minister of Home Affairs for Northern Ireland " substitute " the Secretary of State ".
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Section 26 (transfer of prisoner to serve sentence) shall be amended as follows. In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 28 (transfer of prisoner for trial) shall be amended as follows. In subsection (1) (power of responsible Minister to order transfer from one part of the United Kingdom to another)— After subsection (1) insert—. In subsection (2) (treatment of transferred prisoner while he remains in the part of the United Kingdom to which he has been transferred under subsection (1)), omit “subsection (1) of” and after “United Kingdom” insert “or island”. In subsection (3) (transfer back after trial)—
Section 29 (removal of detained person in the interests of justice or for the purposes of a public inquiry) shall be amended as follows. In subsection (1) (power of responsible Minister to direct removal from one place to another within the United Kingdom), after “other part of the United Kingdom” insert “or in any of the Channel Islands or the Isle of Man”. After subsection (1) insert—. In subsection (2), for “responsible Minister” substitute “Minister by whom that direction is given”.
In section 39(1) (interpretation) in paragraph (b) of the definition of “responsible Minister” for “the Minister of Home Affairs for Northern Ireland” substitute “the Secretary of State”.
In section 30(5), as inserted by paragraph 4 of Schedule 7 to the Finance Act 1967 (duty of clerk to licensing justices to send list to Collector of Customs and Excise within eight days of end of licensing sessions)—
for " eight days " substitute " fourteen days "; and
omit the words from " and the clerk " onwards (under which the clerk gets a fee for delivering a list of more than 25 names and commits an offence if he fails to comply with the subsection).
In section 169 (serving or delivering intoxicating liquor to or for consumption by persons under 18)—
in subsection (1) (which prohibits, in licensed premises, the licence holder or his servant from knowingly selling intoxicating liquor to a person under 18 or allowing such a person to consume it in a bar, and the licence holder from knowingly allowing any person to sell it to a person under 18), for " subsection (4)" substitute " subsections (4) and (10) "; and
after subsection (9) add—
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In section 65, after subsection (1) (penalty for failure to comply with notice requiring execution of works under Part II of Housing Act 1961) insert—
In section 65, after subsection (1) (penalty for failure to comply with notice requiring execution of works under Part II of Housing Act 1961 insert— .
In section 110, after subsection (1) (penalty for failure to comply with notice requiring execution of works) insert— .
In section 2(1) (under which an offence carrying a sentence of five years imprisonment or more is an arrestable offence) after “five years” insert “(or might be so sentenced but for the restrictions imposed by section 29 of the Criminal Law Act 1977)” and at the end add— The said restrictions are those which apply where, in pursuance of subsection (2) of section 23 of the said Act of 1977 (certain offences to be tried summarily if value involved is small) a magistrates’ court summarily convicts a person of a scheduled offence within the meaning of the said section 23.
In section 43(2) (penalty for contravention of designation order having effect by virtue of section 39(1)(a)) the words from "in the case of" to " carriageway" (the consequential omission of which was inadvertently not provided for in column 5 of Part II of Schedule 5 to the Road Traffic Act 1974) shall be omitted.
In section 78A (exceeding a speed limit imposed by or under certain enactments), in subsection (3)—
in paragraph (a), after " Act" insert " , except section 13(4); "; and
in paragraph (c), after " 1960 " insert " (except section 13(4) of this Act).
In subsection (5) of section 80 as amended by section 131(2) of the Transport Act 1968 (which provides for payment of a fixed penalty under section 80 to be made to such justices' clerk as may be prescribed)—
for " prescribed" substitute " specified in the notice under subsection (2) above relating to that penalty ";
for " the prescribed justices' clerk " substitute " the justices' clerk so specified "; and
omit " by virtue of regulations made for the purposes of this subsection ".
In section 92, for " Summary Jurisdiction (Scotland) Act 1954 " substitute " Criminal Procedure (Scotland) Act 1975 ".
Section 3 (restrictions on reports of committal proceedings) shall be amended as follows—
in subsection (1), for " subsections (2) and (3) " substitute " subsections (2), (3) and (8) " ;
in subsection (3) (under which it is not unlawful to report, " as part of a report of a summary trial, so much of any committal proceedings as precedes a determination by the court to proceed to try the case summarily) for the words from " section 18 " to " 1969 " substitute " section 25(3) or (7) of the Criminal Law Act 1977 (power to change from committal proceedings to summary trial) " ;
after subsection (7) add—.
In section 22, as amended by paragraph 37 of Schedule 2 to the Bail Act 1976, (extension of power of High Court to grant, or vary conditions of, bail)—
in subsections (1) and (2) for " inferior court " substitute " magistrates' court " ; and
in subsection (4) omit " ' inferior court' means a magistrates' court or a coroner and " .
In reckoning for the purposes of this subsection any period of twenty-four hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
Section 24 (process for minor offences) shall be amended as follows. In subsection (3) (under which proceedings are void if the defendant makes a statutory declaration that he did not know of the proceedings until a date after the trial of the information was begun and that declaration is served on the clerk to the justices within fourteen days of that date) for " fourteen days " substitute " twenty-one days ". After subsection (4) (service of statutory declaration) insert—. The preceding provisions of this paragraph shall not apply in relation to proceedings commenced before the corning into force of this paragraph.
In section 44(5) (restrictions on magistrates' court's power to issue a warrant of commitment for a default in paying a sum adjudged to be paid by a conviction), for paragraph (b) substitute—
After section 44 insert as section 44A—.
Section 60 (release on licence of persons serving determinate sentences) shall be amended as follows. Provided that in England and Wales a person within paragraph (b) of this subsection shall not be released on licence by virtue of this subsection after he has attained the age of twenty-two. After subsection (5) insert—. In subsection (6) (duration of licence, after "this section" insert " in Scotland " and, in paragraph (a), omit the words from " to a person " where they first occur to " or " . Omit subsection (8)(d). The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.
Section 63 (supervision of young, short-term prisoners after release) shall be amended as follows. In subsection (1), for " shall be subject after his release from prison " substitute " shall, if released from prison before he has attained the age of twenty-two, be subject after his release ". After subsection (1) insert—. In subsection (2), for " the foregoing subsection" substitute " subsection (1) of this section ". The preceding provisions of this paragraph shall not apply in relation to a person whose period of supervision under Schedule 1 to the Criminal Justice Act 1961 began before the coming into force of this paragraph.
In section 91 (drunkenness in a public place) omit subsection (5).
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In section 22, as amended by paragraph 37 of Schedule 2 to the Bail Act 1976, (extension of power of High Court to grant, or vary conditions of, bail)—
in subsection (1) and (2) for “inferior court” substitute “magistrates’ court”; and
in subsection (4) omit “ “inferior court” means a magistrates’, court or a coroner and”.
In reckoning for the purposes of this subsection any period of twenty-four hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
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Section 60 (release on license of persons serving determinate sentences) shall be amended as follows— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (5) insert—. In subsection (6) (duration of a licence, after “this section” insert “in Scotland” and, in paragraph (a), omit the words from “to a person” where they first occur to “or”. Omit subsection (8)(d). The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph.
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in subsection 91 (drunkeness in a public place) omit subsection (5).
In section 49(1) (certain offences to be triable summarily), after " triable " insert " only ".
Paragraph 1 above shall be deemed to have had effect as from the passing of the Companies Act 1967.
In subsection 49(1) (certain offences to be triable summarily), after “triable” insert “only”.
Paragraph 1 above shall be deemed to have had an effect as from the passing of the Companies Act 1967.
“fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution;
For paragraph 3 of Part II of Schedule 6 (under which a person charged with an offence specified in Schedule 1 to the Magistrates’ Courts Act 1952 and an offence under section 17(1) or (2) of the Firearms Act 1968 (using firearm to resist arrest, and possessing firearm while committing certain offences) may not be tried summarily for the former if he is sent for trial for the latter) substitute the following paragraph— .
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Section 12 (power to include requirements in supervision orders) shall be amended as follows. In subsection (2) (directions which order may empower supervisor to give), omit paragraph (a) (directions to live for a single period at a place specified by the supervisor) and for " paragraph (a) or (b) or paragraph (a) and (b) " substitute " paragraph (b) ". In subsection (3) (restrictions as to periods specified in supervisor's directions)—
In section 13(3) (selection of supervisor for person placed under supervision of probation officer), omit the words from " or if " to " place" (which provide for the selected officer to be changed at the instance of the case committee).
In section 15(1) (variation and discharge of supervision order where supervised person is under the age of eighteen) for the words from "twelve months" to "with that date" substitute " three months beginning with the date when the order was originally made ", and omit " in either case ".
In section 16(10) (meaning of "attendance centre order" etc. for purposes of section 15(4)(a))—
after “In”, where it first occurs, insert “ paragraph (b) of subsection (2A) and ”;
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In paragraph 6 of Schedule 4 (restriction on power to make attendance centre order), at the end add " other than one consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction ".
Paragraphs 1 and 3 above, and any related repeal provided for in Schedule 13 to this Act, shall not apply in relation to supervision orders made before the corning into force of those paragraphs.
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In section 13(3) (selection of supervisor for person placed under supervision of probation officer), omit the words from “or if,” to “place” (which provide for the selected officer to be changed at the instance of the case committee).
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In section 16(10) (meaning of “ attendance centre order” etc. for purposes of section 15(4)(a))—
In paragraph 6 of Schedule 4 (restriction on power to make attendance centre order), at the end add “ other than one consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction ”.
Paragraphs 1 and 3 above, and any related repeal provided for in Schedule 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those paragraphs.
In section 179 (restrictions on prosecutions for certain offences), in subsection (1) (offences to which section applies), after paragraph (a) insert—.
In Part I of Schedule 4 (prosecution and punishment of offences), in column 7 (additional provisions)—
in the entry relating to section 3, for " 4 " substitute " 3A, 4, 5 " ;
in the entry relating to section 18, after " paragraphs " insert " 3A ".
Part IV of Schedule 4 (supplementary provisions as to prosecution, trial and punishment of offences) shall be amended as follows. After paragraph 3 insert the following paragraph—
Paragraph 9 of Schedule 6 (right of members of value added tax tribunals to refuse to serve on juries) shall cease to have effect as regards juries in England and Wales.
In section 34(1) (power of constable to take drunken offender to a place approved by the Secretary of State as a medical treatment centre for alcoholics), omit " medical ".
In section 41(4) (time-limit of fourteen days for the exercise of power of magistrates' court to re-open a case to rectify mistakes etc.) for " fourteen days " substitute " twenty-eight days ".
Paragraph 2 above shall not apply in relation to sentences or other orders imposed or made, or findings of guilt pronounced, before the coming into force of this paragraph.
In section 9(4) (abatement of salaries of holders of certain judicial offices, including the stipendiary magistrates mentioned in subsection (1)(e) and (f), by reference to pensions payable in respect of any public office in the United Kingdom or elsewhere), after " United Kingdom or " insert " , except as respects any holder of judicial office mentioned in subsection (1)(e) or (f) above, ".
Paragraph 1 above shall be deemed to have had effect as from the passing of the Administration of Justice Act 1973.
In section 9(4) (abatement of salaries of holders of certain judicial offices, including the stipendiary magistrates mentioned in subsection (1)(e) and (f), by reference to pensions payable in respect of any public office in the United Kingdom or elsewhere), after “United Kingdom or” insert “, except as respects any holder of judicial office mentioned in subsection (1)(e) or (f) above,”.
Paragraph 1 above shall be deemed to have had effect as from the passing of the Administration of Justice Act 1973.
Section 1 (deferment of sentence) shall be amended as follows. In subsection (2) (under which passing sentence may not be deferred for more than six months after the date of the conviction), for " of the conviction" substitute " on which the deferment is announced by the court ". After subsection (4) (power of deferring court to pass sentence on offender during period of deferment if he is convicted in Great Britain of another offence) insert—. In subsection (5) (summons to, or warrant for arrest of, offender where the passing of sentence has been deferred) for " it" substitute " or where the offender does not appear on the date so specified, the court ". For subsection (6) (which, where the trial of an information is adjourned by way of deferment under the section, excludes the obligation to remand the offender which would in certain circumstances be imposed by section 14(4) of the Magistrates' Courts Act 1952) substitute—. After subsection (7) add—.
For section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—.
In section 9(1) (breach of conditional discharge by young offenders)—
for the words from " not being" to " 1952" substitute " triable only on indictment in the case of an adult, " ;
for the words from " such an offence " onwards substitute " an offence triable either way and had been tried summarily. ".
In section 15(2) (period within which work under a community service order is to be performed), at the end add " ; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it. ".
In section 17(3) (power of Crown Court to revoke or vary community service orders), for the words from the beginning to "and it appears to the Crown Court" substitute—.
In section 49—
in subsection (1), for "probation hostels and probation homes " substitute " and probation hostels " ;
in subsection (2), for " approved probation hostels and approved probation homes" substitute " and approved probation hostels " .
Section 50 (inspection of approved bail hostels and of non-approved institutions for residence of probationers) shall be amended as follows—
in subsection (1) omit the words " Any approved bail hostel and ", and after " patient" insert " or in which a person is required to reside as a condition of bail granted to him " ;
in subsection (2), after " apply to " insert " an approved bail hostel or ".
Section 51 (expenses and grants) shall be amended as follows—
in subsections (1)(a), (3)(e) and (4)(c), after " servants serving in " insert " approved bail hostels or ";
in subsection (3)(b), for "probation hostels and probation homes " substitute " and probation hostels ".
In section 57(1) (interpretation)—
in the paragraph beginning with the words " ' approved probation hostel' ", for the words from the first " and " to "home approved" substitute " means a probation hostel approved " ; and
in the paragraph beginning with the words "' probation hostel'", omit the words from " being persons who " onwards.
Paragraph 3(2)(b) of Schedule 1 (which precludes a supervising court from amending a probation order so as to require residence in an institution for more than twelve months in all) shall be omitted.
Schedule 3 (the probation and after-care service and its functions) shall be amended as follows. In paragraph 3(1)(b) (remuneration, allowances and expenses of probation officers), for " prescribed " substitute " determined by the Secretary of State under paragraph 18A below ". In paragraph 9 (selection of probation officer for probationer), omit the words from " or if " to "place" (which provide for the selected officer to be changed at the instance of the case committee). In paragraph 18(1)(b) (power to make rules prescribing conditions of service etc. of probation officers and others) omit " conditions of service ". At the end of paragraph 18 insert—. Any provision as to the conditions of service of probation officers or staff appointed under paragraph 10 of Schedule 3 which is made by any rules in force under paragraph 18(1) of that Schedule at the coming into force of sub-paragraphs (4) and (5) above shall have effect as if made by a determination of the Secretary of State under paragraph 18A of that Schedule, and shall accordingly be liable to alteration or cancellation by him by subsequent determination under the said paragraph 18A.
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For section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—.
In section 9(1) (breach of conditional discharge by young offenders)—
for the words from “not being” to “1952” substitute “triable only on indictment in the case of an adult.”;
for the words from “such an offence” onwards substitute “an offence triable either way and had been tried summarily.”.
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In section 17(3) (power of Crown Court to revoke or vary community service orders), for the words from the beginning to “and it appears to the Crown Court” substitute—.
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Paragraph 3(2)(b) of Schedule 1 (which precludes a supervising court from amending a probation order so as to require residence in an institution for more than twelve months in all) shall be omitted.
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Section 29 (circumstances in which legal aid may be ordered to be given) shall be amended as follows. In subsection (4) (which provides that before making a legal aid order for the giving of aid to any person, a court must require him to furnish a written statement of his means), at the end add " unless it appears to the court that he is by reason of his physical or mental condition incapable of doing so ". In subsection (5) (which modifies subsections (3) and (4) in their application to persons under the age of sixteen) for " for the word ' shall' in subsection (4) there were substituted the word ' may' " substitute " in subsection (4) for the word ' shall' there were substituted the word ' may' and the words from ' unless ' onwards were omitted ". After subsection (5) insert—.
In section 32 (power to order payment of contributions), after subsection (1) insert—.
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In section 15(6)(d) (power to restrict punishments which can be imposed in respect of certain offences) after “punishments” insert “(other than the maximum fine on conviction on indictment)”.
In section 6(6)(a) (convictions in England and Wales which are to be disregarded for purposes of the provisions of section 6(4)(a) as to the extension of rehabilitation periods) for “an offence which is not triable on indictment” substitute “a summary offence or of a scheduled offence (within the meaning of section 23 the Criminal Law Act 1977) tried summarily in pursuance of subsection (2) of that section (summary trial where value involved is small);”
In section 28(8), for " subsection (6)" substitute " subsection (7) ".
In section 57 (prohibition of certain payments), after subsection (3) insert— In paragraph (c) ' voluntary organisation' means a body, other than a public or local authority, the activities of which are not carried on for profit.
In section 2(2), in the definition of "court", for "a justice of the peace or a coroner " substitute " or a justice of the peace " .
In section 3(8) (power of court granting bail to vary conditions of bail or impose conditions in respect of bail granted unconditionally)—
for " it may " substitute " that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may ";
for " it was " substitute " bail was ";
for “it has” substitute “has been”.
Section 5 (supplementary provisions about bail) shall be amended as follows. After subsection (8) insert— After subsection (9) insert—
In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.
In section 2(2), in the definition of “court”, for “a justice of the peace or a coroner” substitute “or a justice of the peace”.
In section 3(8) (power of the court granting bail to vary conditions of bail or impose conditions in respect of bail granted unconditionally)—
for “it may” substitute “that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may”;
for “it was” substitute “bail was”;
Section 5 (supplementary provisions about bail) shall be amended as follows. After subsection (8) insert— After subsection (9) insert—
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Section 65.
Section 65.
A provision contained in any of sections 15 and 17 above or in Schedule 11 to this Act, and any related amendment or repeal provided for in Schedule 12 or 13 to this Act, shall not apply in relation to proceedings commenced before the coming into force of that provision.
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This paragraph applies to any provision of this Act which relates to the punishment by way of fine or imprisonment which may be imposed on summary conviction of offences mentioned in section 30(3) above, in Schedule 1 . . . to this Act or in Schedule 7A to the Criminal Procedure (Scotland) Act 1975. A provision to which this paragraph applies shall have effect in relation to an offence for which proceedings are commenced after the material time even if that offence was committed before that time; but in the case of an offence committed before the material time, such a provision shall not render a person liable on summary conviction to any punishment greater than that to which he would have been liable on conviction on indictment if at the time of his conviction that provision had not yet come into force. In relation to a provision to which this paragraph applies “the material time” means the time when that provision comes into force.
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Except as provided in paragraph 3 above a provision of this Act . . . which relates to the punishment by way of fine or imprisonment for any offence shall not affect the punishment for an offence committed before that provision comes into force.