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Section 170.
1 Section 30 of the Criminal Law Act 1826 (which enables a court to order payment of compensation to relatives of a man killed in endeavouring to make an arrest) shall cease to have effect.
2 The Offences against the Person Act 1861 shall be amended as follows.
3 There shall be omitted from section 44 (certificates as to cases of assault or battery) the word “such”, in the first place where it occurs, and the words “under either of the last two preceding sections,”.
4 In section 45 (bars to further proceedings) for the words “in either of the last three preceding sections mentioned” there shall be substituted the words “is mentioned in section 44 of this Act”.
5 Section 28 of the Bankruptcy Act 1914 (effect of order of discharge) shall have effect as if amounts payable under confiscation orders were debts excepted under subsection (1)(a) of that section.
6 In section 49(1)(g) of the Land Registration Act 1925 (protection of certain interests by notice) for the words “or the Drug Trafficking Offences Act 1986” there shall be substituted the words “, the Drug Trafficking Offences Act 1986 or the Criminal Justice Act 1988”.
7 In section 112A(1) of that Act (inspection in connection with criminal proceedings), after the word “Prosecutions,” there shall be inserted the words “the Director of the Serious Fraud Office”.
This paragraph shall cease to have effect on the day appointed under section 3(2) of the Land Registration Act 1988 for the coming into force of that Act.
8 In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) after the third paragraph there shall be inserted the following paragraph—
“Common assault, or battery.”.
9 References in that Act to the offences mentioned in Schedule 1 to the Act shall include offences under Part I of the [1984 c. 37.] Child Abduction Act 1984.
10 The following paragraph shall be substituted for paragraph (iA) of the proviso to subsection (2) of section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedures for indictment of offenders)—
“(iA) in a case to which paragraph (aa) above applies, the bill of indictment may include, either in substitution for or in addition to any count charging an offence specified in the notice of transfer, any counts founded on material that accompanied the copy of that notice which, in pursuance of regulations under section 5(9) of the Criminal Justice Act 1987, was given to the person charged, being counts which may lawfully be joined in the same indictment;”.
11 The following paragraph shall be inserted after paragraph (a) of subsection (1) of section 43 of the Prison Act 1952—
“(aa) young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution;”.
12 In subsection (3) of that section, for the word “or” there shall be substituted the words “and a person aged 17 years or over may be detained in such a centre”.
13 In section 5 of the Visiting Forces Act l952 (custody of offenders against United Kingdom law)—
(a) for each of the references in subsections (2) and (4) to section 43 of the Magistrates' [1980 c. 43.] Courts Act l980 there shall be substituted references to Part IV of the Police and Criminal [1984 c. 60.] Evidence Act l984; and
(b) the following subsection shall be substituted for subsection (3)—
“(3) In the application of subsection (2) of this section to Scotland,—
(a) for the first reference to Part IV of the Police and Criminal Evidence Act 1984 there shall be substituted a reference to section 32(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975; and
(b) for the words “in accordance with the said Part IV, be released on bail or” there shall be substituted the words “if not liberated under section 294(2) of that Act, be”.”.
14 (1) In subsection (1) of section 12 of that Act, in the definition of “visiting force”, after the words “United Kingdom”, in the first place where they occur, there shall be inserted the words “(including United Kingdom territorial waters), or in any place to which subsection (1A) below applies,”.
(2) The following subsection shall be inserted after that subsection—
“(1A) This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the [1964 c. 29.] Continental Shelf Act 1964 or any waters within 500 metres of such an installation.”.
15 —In paragraphs 1(a) and 2(a) of the Schedule, after the word “rape,” there shall be inserted the word “, torture”.
16 In paragraph 4 of the Schedule to the Backing of Warrants (Republic of Ireland) Act 1965 (powers as to costs and legal aid) for the words from “section 1” to “central funds)” there shall be substituted the words “sections 16(1) and 17(1) of the [1985 c. 23.] Prosecution of Offences Act 1985”.
17 The Criminal Justice Act 1967 shall be amended as follows.
18 In section 62—
(a) in subsection (10) (subsequent release of prisoner whose licence has been revoked) for the words “one year” there shall be substituted the words “the specified period”; and
(b) the following subsection shall be inserted after that subsection—
“(10A) In subsection (10) above “the specified period” has the same meaning as in section 60(1) above.”.
19 In subsection (6) of section 67 (computation of sentences) for “(1)” there shall be substituted “(1A)”.
20 The Criminal Appeal Act 1968 shall be amended as follows.
21 Section 9 shall be renumbered so as to become section 9(1); and at the end of the resulting subsection (1) there shall be added the following subsection—
“(2) A person who on conviction on indictment has also been convicted of a summary offence under section 41 of the Criminal Justice Act 1988 (power of Crown Court to deal with summary offence where person committed for either way offence) may appeal to the Court of Appeal against any sentence passed on him for the summary offence (whether on his conviction or in subsequent proceedings) under subsection (7) of that section.”
22 (1) In subsection (2)(b) of section 10 (proceedings from which an appeal against sentence lies to Court of Appeal)—
(a) after the words “probation order” there shall be inserted the words “, a community service order”; and
(b) before the words “suspended sentence” there shall be inserted the words “wholly or partly”.
(2) In subsection (4) of that section, after the word “section” there shall be inserted the words “and section 11 of this Act”.
23 (1) In subsection (2) of section 11 (supplementary provisions as to appeal against sentence) after “9” there shall be inserted “(1)”.
(2) The following subsections shall be inserted after that subsection—
“(2A) Where following conviction on indictment a person has been convicted under section 41 of the Criminal Justice Act 1988 of a summary offence an appeal or application for leave to appeal against any sentence for the offence triable either way shall be treated also as an appeal or application in respect of any sentence for the summary offence and an appeal or application for leave to appeal against any sentence for the summary offence shall be treated also as an appeal or application in respect of the offence triable either way.
(2B) If the appellant or applicant was convicted on indictment of two or more offences triable either way, the references to the offence triable either way in subsection (2A) above are to be construed, in relation to any summary offence of which he was convicted under section 41 of the Criminal Justice Act 1988 following the conviction on indictment, as references to the offence triable either way specified in the notice relating to that summary offence which was given under subsection (2) of that section.”
24 The following subsection shall be substituted for subsection (4) of that section—
“(4) The power of the Court of Appeal under subsection (3) of this section to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 23(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 or section 47(4) of the [1977 c. 45.] Criminal Law Act 1977 in respect of a suspended or partly suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that sentence where the court below made no order in respect of it.”.
25 The following section shall be inserted after section 18—
(1) A person who wishes to appeal under section 13 of the [1960 c. 65.] Administration of Justice Act 1960 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in such manner as may be directed by rules of court.
(2) Notice of appeal shall be given within twenty-eight days from the date of the order or decision appealed against.
(3) The time for giving notice under this section may be extended, either before or after its expiry, by the Court of Appeal.”.
26 In subsection (1) of section 19 (bail)—
(a) in paragraph (b), the words “or paragraph (a) above” shall be inserted after “1981”; and
(b) in paragraph (c), the words “either of those paragraphs” shall be substituted for the words “that paragraph”.
27 In section 29(2)(b) (circumstances in which there may not be a direction that time spent in custody is not to be reckoned as part of any sentence) for the words “under section 1 of this Act” there shall be substituted the words “under—
(i) section 1 or 11(1A) of this Act; or
(ii) section 81(1B) of the [1981 c. 54.] Supreme Court Act 1981”.
28 The following section shall be substituted for section 30—
(1) The operation of an order for the restitution of property to a person made by the Crown Court shall, unless the Court direct to the contrary in any case in which, in their opinion, the title to the property is not in dispute, be suspended until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, and provision may be made by rules of court for the custody of any property in the meantime.
(2) The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
(3) Where the House of Lords restores a conviction, it may make any order for the restitution of property which the court of trial could have made.”
29 The following shall be substituted for the words in section 31 from the beginning of subsection (1) to “powers” in subsection (2)—
“(1) There may be exercised by a single judge in the same manner as by the Court of Appeal and subject to the same provisions—
(a) the powers of the Court of Appeal under this Part of this Act specified in subsection (2) below;
(b) the power to give directions under section 4(4) of the [1976 c. 23.] Sexual Offences (Amendment) Act 1976; and
(c) the powers to make orders for the payment of costs under sections 16 to 18 of the [1985 c. 23.] Prosecution of Offences Act 1985 in proceedings under this Part of this Act.
(2) The powers mentioned in subsection (1) (a) above”.
30 The following subsection shall be inserted after subsection (2A) of that section—
“(2B) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court”.
31 The following shall be substituted in the first subsection of section 44 for the words from the beginning to “judge”, in the first place where it occurs—
“(1) There may be exercised by a single judge—
(a) the powers of the Court of Appeal under this Part of this Act—
(i) to extend the time for making an application for leave to appeal;
(ii) to make an order for or in relation to bail; and
(iii) to give leave for a person to be present at the hearing of any proceedings preliminary or incidental to an appeal; and
(b) their powers to make orders for the payment of costs under sections 16 and 17 of the [1985 c. 23.] Prosecution of Offences Act 1985 in proceedings under this Part of this Act.”.
32 The following paragraph shall be inserted after paragraph 1 of Schedule 2 (orders for retrial)—
“1A Subject to paragraph 1 above, evidence given orally at the original trial must be given orally at the retrial.”.
33 In subsection (5) of section 28 of the Theft Act 1968 (orders for restitution) for the words from “sections” to the end there shall be substituted the words “section 30 of the [1968 c. 19.] Criminal Appeal Act 1968 (which relates to the effect on such orders of appeals)”.
34 In subsection (2) of section 2 of the Genocide Act 1969 (genocide offences etc. not to be regarded as political) for the words “and the [1965 c. 45] Backing of Warrants (Republic of Ireland) Act 1965” there shall be substituted the words “, the Backing of Warrants (Republic of Ireland) Act 1965 and Part I of the Criminal Justice Act 1988”.
35 In subsection (1) of section 20A of the Children and Young Persons Act 1969 (power of court to add condition as to charge and control of offender in care), at the end of the first paragraph (b) there shall be inserted the words “or
(c) by virtue of section 15(1) of this Act in a case where—
(i) the supervision order for which the care order was substituted was made under section 7(7) of this Act; and
(ii) the offence in respect of which the supervision order was made was punishable with imprisonment in the case of a person over 21,”.
36 In section 29 of that Act (recognisance on release of arrested child or young person) the words “he or” shall cease to have effect.
37 (1) In section 8(2) of the Tribunals and Inquiries Act 1971 (which excepts certain tribunals from the requirement of concurrence to the exercise of a power to remove tribunal members), after “5A” there shall be inserted “, 5B,”.
(2) In Schedule 1 to that Act (list of tribunals under the direct supervision of the Council on Tribunals) the following entry shall be inserted after the entry the first column of which reads “Commons”—
| “Criminal injuries compensation. | 5B. The Criminal Injuries Compensation Board constituted under Part VII of the Criminal Justice Act 1988.”. |
38 The Powers of Criminal Courts Act 1973 shall be amended as follows.
39 In subsection (1) of section 34A (power of Crown Court to order search of persons before it)—
(a) in paragraph (c), the words “other than an order under section 35 of this Act;” shall cease to have effect; and
(b) the following paragraph shall be inserted after that paragraph—
“(cc) the Crown Court makes an order against a person under section 35 of this Act;”.
40 The following subsection shall be substituted for section 35(4)—
“(4) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, it shall be the duty of the court—
(a) to have regard to his means so far as they appear or are known to the court; and
(b) in a case where it is proposed to make against him both a compensation order and a confiscation order under Part VI of the Criminal Justice Act 1988, also to have regard to its duty under section 72(7) of that Act (duty where the court considers that the offender’s means are insufficient to satisfy both orders in full to order the payment out of sums recovered under the confiscation order of sums due under the compensation order)”.
41 In subsection (4)(b) of section 43 (power to deprive offender of property) for the words from “or” to the end there shall be substituted the words “or, where an order is made under subsection (1)(a) above, that he did not know, and had no reason to suspect, that the property was likely to be used for the purpose mentioned in that paragraph”.
42 In sub-paragraph (2A)(b) of paragraph 3 (which empowers a probation committee to provide certain facilities) of Schedule 3 for the words “subsection (3C) of that section,” there shall be substituted the words “section 12A(3) of that Act,”.
43 In section 28(7A) of the Legal Aid Act 1974 for the words “the person charged” there shall be substituted “a person to whom the notice relates”.
44 In subsection (1) of section 3 of the Juries Act 1974 (electoral register as basis of jury selection) for “sixty five” there shall be substituted “seventy”.
45 In section 6(1) of that Act (summoning of jury in exceptional circumstances) for the word “refusals” there shall be substituted the word “excusals”.
46 In section 20(4) of that Act (offences) after the word “excusal” there shall be inserted the words “or deferral”.
47 In section 1(2)(a) of the Rehabilitation of Offenders Act 1974 (failure to pay fines etc. not to prevent a person from becoming rehabilitated) the reference to a fine or other sum adjudged to be paid by or imposed on a conviction does not include a reference to an amount payable under a confiscation order.
48 In each of sections 171 and 368 of the Criminal Procedure (Scotland) Act 1975 (which make provision as to the presumption and determination of the ages of children) in subsection (3) for the words “and (d)” there shall be substituted the words “(d) and (e)”.
49 In section 289G of that Act (which creates the standard scale and amends certain enactments accordingly) in subsection (13) (inserted by section 66 of the [1987 c. 41.] Criminal Justice (Scotland) Act 1987)—
(a) after the word “is” there shall be inserted “(a)”;
(b) for the words from “1987” there shall be substituted—
“(b) under any instrument (however framed or worded) made by virtue of such an enactment,
a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.”.
50 In Schedule 1 to that Act (which lists offences against children under the age of 17 years to which special provisions apply) after paragraph (a) there shall be inserted the following paragraph—
“(aa) any offence under section 80(7) of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (commission of a homosexual act in certain circumstances).”
51 In the said Schedule 1 after paragraph (d) there shall be inserted the following paragraph—
“(e) any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under the age of 17 years.”
52 In section 2(2) the following definitions shall be inserted before the definition of “child”—
““bail hostel” and “probation hostel” have the same meanings as in the [1973 c. 62.] Powers of Criminal Courts Act 1973,”.
53 (1) The Sexual Offences (Amendment) Act 1976 shall have effect subject to the following amendments (which relate to Northern Ireland).
(2) In section 5(1)(b), for the word “both” there shall be substituted the word “all”.
(3) In section 7(6), for the words from “(including” to “6(4)(b))” there shall be substituted the words “and to such a publication or broadcast or inclusion in a cable programme in Northern Ireland as is mentioned in section 4(1) as adapted by section 5(1)(b)”.
54 The following sections shall be substituted for section 3 of the Internationally Protected Persons Act 1978—
(1) An offence under section 1(3)(a) of this Act shall be deemed to be included in the list of extradition crimes in Schedule 1 to the [1870 c. 52.] Extradition Act 1870.
(2) for the purposes of that Act any act, wherever committed, which is any of the following offences—
(a) an offence mentioned in paragraph (a) of subsection (1) of section 1 of this Act which is committed against a protected person within the meaning of that section;
(b) an offence mentioned in paragraph (b) of that subsection which is committed in connection with such an attack as is so mentioned;
(c) an attempt to commit an offence mentioned in the preceding paragraphs; or
(d) an offence under section 1(3) of this Act,
and an offence against the law of any State in the case of which the [1870 c. 52.] Extradition Act 1870 is applied by an Order in Council under section 2 of that Act shall be deemed to be an offence committed within the jurisdiction of that State.
(1) Where—
(a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Convention mentioned in the title to this Act; and
(b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences—
(i) an offence mentioned in section 3(2)(a) or (b) above;
(ii) an attempt to commit such an offence;
(iii) counselling, procuring, commanding, aiding or abetting such an offence;
(iv) being accessory before or after the fact to such an offence; and
(v) an offence under section 1(3) of this Act.
(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
(a) section 1(1) to (8);
(b) sections 3 to 10; and
(c) sections 12 to 18.
(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.
(4) For the purposes of the provisions of that Act specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is—
(a) an offence mentioned in subsection (1) above; and
(b) an offence against the law of that State,
shall be deemed to be an offence committed within the territory of that State.”
55 The following subsections shall be substituted for section 4(1) of that Act—
“(1) Sections 17 and 22 of the [1870 c. 52.] Extradition Act 1870 shall extend to section 3 above.
(1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 3A above.”.
56 In section 49(6) of the Judicature (Northern Ireland) Act 1978 (variation of sentences) after the word “appeal)” there shall be inserted the words “and for the purposes of paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act.)”.
57 The words “or Part I of the Criminal Justice Act 1988” shall be inserted after the words “the Extradition Act 1870” in sections 1(3)(a) and 5(1)(b) of the Suppression of Terrorism Act 1978.
58 In Schedule 1 to the Interpretation Act l978—
(a) after the definition of “Sheriff” there shall be inserted—
““The standard scale”, with reference to a fine or penalty for an offence triable only summarily,—
(a) in relation to England and Wales, has the meaning given by section 37 of the Criminal Justice [1982 c. 48.] Act l982;
(b) in relation to Scotland, has the meaning given by section 289G of the Criminal [1975 c. 21.] Procedure (Scotland) Act l975;
(c) in relation to Northern Ireland, has the meaning given by Article 5 of the [S.I. 1984/703 (N.I. 3).] Fines and Penalties (Northern Ireland) Order 1984.”;
(b) after the definition of “Statutory declaration” there shall be inserted—
““Statutory maximum”, with reference to a fine or penalty on summary conviction for an offence,—
(a) in relation to England and Wales, means the prescribed sum within the meaning of section 32 of the Magistrates' [1980 c. 43.] Courts Act l980;
(b) in relation to Scotland, means the prescribed sum within the meaning of section 289B(6) of the [1975 c. 21.] Criminal Procedure (Scotland) Act l975; and
(c) in relation to Northern Ireland, means the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order l984.”.
59 In the definition of “offence triable either way” in that Schedule, after the word “offence”, in the second place where it occurs, there shall be inserted the words “, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988”.
60 The Protection of Children Act 1978 shall be amended as follows.
61 (1) In subsection (1) of section 4 (entry, search and seizure) for the words from “are” to the end there shall be substituted the words “is an indecent photograph of a child”.
(2) In subsection (2) of that section the words from “taken” to the end shall cease to have effect.
62 (1) In subsection (2) of section 5 (forfeiture) the words from “taken” to “distributed or shown,” shall cease to have effect.
(2) In subsection (6) of that section, after “1(1)” there shall be inserted “or section 160 of the Criminal Justice Act 1988”.
Criminal Justice Act 1988