Office of Public Sector Information
SCHEDULE 15 continued
63 At the end of subsection (1)(b) of section 61 of the Justices of the Peace Act 1979 (application of fines and fees) there shall be added the words “and sums paid into court in pursuance of orders under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (compensation orders)”.
64 In section 73(1)(b) of the Child Care Act 1980 (places of safety etc.) for the words “section 38(7)” there shall be substituted the words “section 38(6)”.
65 The Magistrates' Courts Act 1980 shall be amended as follows.
66 In section 6(5) (display of notice of committal or discharge) for the words from “section” to the end there shall be substituted the words “section 4 of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976 (anonymity of complainant in rape etc. cases)”.
67 In subsection (1) of section 37 (committal to Crown Court for sentence), for the words “nor more than 16” there shall be substituted the words “but under 17”.
68 At the end of subsection (8) of section 102 (written statement before examining justices) there shall be added the words “and section 40 of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc.) shall be given a corresponding construction”.
69 (1) In subsection (3A) of section 128 (remand in custody without accused being brought before court)—
(a) after the word “custody” there shall be inserted the words “and the remand was not a remand under section 128A below for a period exceeding 8 clear days,”; and
(b) after the word “him” there shall be inserted the words “(otherwise than in the exercise of the power conferred by that section)”.
(2) In subsection (6) of that section (which lists the cases in which a magistrates' court may remand a person for a period exceeding 8 clear days) for the word “section”, in the first place where it occurs, there shall be substituted the words “sections 128A and”.
70 The following subsection shall be inserted after subsection (2) of section 133 (limit on length of imprisonment or youth custody where consecutive terms are imposed)—
“(2A) In relation to the imposition of terms of detention in a young offender institution subsection (2) above shall have effect as if the reference to an offence triable either way were a reference to such an offence or an offence triable only on indictment.”.
71 The Criminal Appeal (Northern Ireland) Act 1980 shall be amended as follows.
72 The following subsection shall be substituted for subsection (4) of section 10 (supplementary provisions as to appeals against sentence)—
“(4) The power of the Court under section 4(2) of this Act or subsection (3) above to pass a sentence which the Crown Court has power to pass for an offence shall, notwithstanding that the Crown Court made no order under section 19(1) of the [1968 c. 29 (N.I.).] Treatment of Offenders Act (Northern Ireland) 1968 in respect of a suspended sentence or order for detention previously passed or made on or in relation to the appellant for another offence, include power to deal with the appellant in respect of that sentence or order for detention where the Crown Court made no order in respect of it.”.
73 The following section shall be inserted after section 16—
(1) Subject to subsection (2) below, a person who wishes to appeal under section 44 of the 1978 c. 23.Judicature (Northern Ireland) Act 1978 from any order or decision of the Crown Court in the exercise of jurisdiction to punish for contempt of court shall give notice of appeal in the prescribed manner within twenty-eight days from the date of the order or decision appealed against.
(2) The time for giving notice under this section may be extended either before or after its expiry by the Court.”.
74 The following section shall be substituted for section 17—
(1) The Court of Appeal may, if it thinks fit—
(a) grant an appellant bail pending the determination of his appeal; or
(b) vary the conditions of bail granted to an appellant in the exercise of the power conferred by paragraph (a) above; or
(c) revoke bail granted to an appellant under paragraph (a) above.
(2) The powers conferred by subsection (1) above may be exercised—
(a) on the application of the appellant; or
(b) if it appears to the Master that any of them ought to be exercised, on a reference to the court by him.”.
75 The following section shall be substituted for section 18—
If it appears to the Master that a notice of appeal or of application for leave to appeal under this Part of this Act does not show any substantial ground of appeal, he may refer the appeal or application for leave to the Court of Appeal for summary determination; and the Court may then, if it considers that the appeal or application for leave is frivolous or vexatious, and can be determined without adjourning the proceedings for a full hearing, dismiss the appeal or application for leave summarily without calling on any one to attend the hearing or to appear for the Crown thereon.”.
76 (1) In section 44(1) (constitution of Court of Appeal on appeals or references), after the word “Act” there shall be inserted the words “or section 36 of the Criminal Justice Act 1988”.
(2) In section 44(4)(b) (judge of the Court of Appeal not to hear or determine applications relating to reference under section 14 or 15 where he was the trial judge), after the word “Act” there shall be inserted the words “or section 36 of the Criminal Justice Act 1988.”.
77 The following paragraph shall be substituted for section 45(2)(d)—
“(d) to exercise the powers conferred by section 17 of this Act;”.
78 The following subsection shall be inserted after section 45(3)—
“(3A) The power of the Court of Appeal to grant leave to appeal under section 159 of the Criminal Justice Act 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.”.
79 In the proviso to section 47(5) of the Supreme Court Act 1981 (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)”.
80 The following paragraph shall be inserted after subsection (4)(a) of section 55 of that Act (constitution of criminal division of Court of Appeal)—
“(aa) reviewing sentencing under Part IV of the Criminal Justice Act 1988;”.
81 The following sections shall be inserted after section 93 of the Civil Aviation Act 1982—
(1) Where—
(a) no such arrangement as is mentioned in section 2 of the [1870 c. 52.] Extradition Act 1870 has been made with a Convention country; and
(b) general extradition arrangements have not been made with that country 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 country, 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 country under Part I of that Act, but only in respect of the following offences—
(i) an offence committed on board an aircraft in flight registered in that country;
(ii) an attempt to commit such an offence;
(iii) counselling, procuring, commanding, aiding or abetting such an offence; and
(iv) being accessory before or after the fact to such an offence.
(2) The provision 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) Subsections (4) and (5) of section 92 above shall apply for the purposes of this section as they apply for the purposes of that section.
(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 93 above.
(2) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 93A above and to section 92(4) and (5) above as they apply for the purposes of section 93A above.”.
82 In section 18(4A) of the Civil Jurisdiction and Judgments Act 1982 (exception from provisions regulating the enforcement of UK judgments in other parts of the United Kingdom in respect of the enforcement in Scotland of High Court orders made under the [1986 c. 32.] Drug Trafficking Offences Act 1986), after “1986” there shall be inserted the words “or Part VI of the Criminal Justice Act 1988 (confiscation of the proceeds of offences)”.
83 The following section shall be inserted after section 3 of the Taking of Hostages Act 1982—
(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; 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 under this Act;
(ii) an attempt to commit such an offence;
(iii) counselling, procuring, commanding, aiding or abetting such an offence; and
(iv) being accessory before or after the fact to such an offence.
(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
(a) section 1(1) to (8);
(b) sections 3 to 10; and
(c) sections 12 to 18.
(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.
(4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which is—
(a) an offence mentioned in subsection (a) 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.
(5) In this section “the Convention” means the International Convention against the Taking of Hostages opened for signature at New York on 18 December 1979.”
84 The following subsections shall be substituted for section 5(1) of that Act—
“(1) Sections 17 and 22 of the [1870 c. 52.] Extradition Act 1870 shall extend to section 3(1) and (4) above.
(1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 3A above.”
85 The Aviation Security Act 1982 shall be amended as follows.
86 In subsection (3) of section 9, after the word “above” there shall be inserted the words “and of section 9A below”.
87 The following section shall be inserted after that section—
(1) Where—
(a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to a relevant Convention; and
(b) general extradition arrangements have not been made with that State under Part I of the Criminal Justice Act 1988,
Her Majesty may by Order in Council direct that the provisions of the Criminal Justice Act 1988 specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the relevant Convention constituted general extradition arrangements made with that State under Part I of that Act, but only in respect of the following offences—
(i) offences which are offences in pursuance of that Convention;
(ii) an attempt to commit such an offence;
(iii) counselling, procuring, commanding, aiding or abetting such an offence; and
(iv) being accessory before or after the fact to such an offence.
(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
(a) section 1(1) to (8);
(b) sections 3 to 10; and
(c) sections 12 to 18.
(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.
(4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State any act or omission, wherever it takes place, which falls within section 9(4) of this Act shall be deemed to be an offence committed within the territory of that State.”.
88 The following subsections shall be substituted for section 39(1) of that Act—
“(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 9 above.
(1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 9A above and to section 9 above as amended by the Criminal Justice Act 1988.”.
89 In subsection (7) of section 52 of the Civic Government (Scotland) Act 1982 after the word “thereof)” there shall be inserted the words “and in Part III of the Social Work (Scotland) Act 1968 (children in need of compulsory measures of care)”.
90 At the end of section 15(11) of the Criminal Justice Act 1982 (offence of failing to comply with supervision requirements) there shall be added (but not as part of paragraph (b)) the words “but not liable to be dealt with in any other way”.
91 At the end of part II of Schedule 1 to that Act there shall be added—
26 Section 134 (torture).”
92 (1) In subsection (1) of section 34 (endorsement of licences without hearings) and subsections (1) and (3) of section 35 of the Transport Act 1982 (licence receipts), after the word “constable” (in each place) there shall be inserted the words “or authorised person”.
(2) The following subsection shall be added after subsection (10) of that section—
“(11) In this section and section 35 below “authorised person” has the meaning assigned to it by section 28(5) above.”
93 (1) In subsection (1) of section 47 of that Act (evidence in fixed penalty notice cases) after the word “constable”, in the second place where it occurs, there shall be inserted the words “or authorised person”.'
(2) The following subsection shall be inserted after that subsection—
“(1A) In subsection (1) above “authorised person” has the meaning assigned to it by section 28(5) above.”.
94 In section 50(1) of that Act, in the definition of “chief officer of police”, after the word “means” there shall be inserted the words “, except in section 28(5) above,”.
95 The following section shall be inserted after section 5 of the Nuclear Material (Offences) Act 1983 (extradition)—
(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; 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 the Criminal Justice Act 1988, but only in respect of the following offences—
(i) an offence mentioned in paragraph (a), (b), (c) or (d) of subsection (1) of section 1 of this Act which is committed by doing an act in relation to or by means of nuclear material;
(ii) an offence under section 2 of this Act;
(iii) an attempt to commit an offence mentioned in paragraph (i) or (ii) above;
(iv) counselling, procuring, commanding, aiding or abetting such an offence; and
(v) being accessory before or after the fact to such an offence.
(2) The provisions of the Criminal Justice Act 1988 mentioned in subsection (1) above are—
(a) section 1(1) to (8);
(b) sections 3 to 10; and
(c) sections 12 to 18.
(3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.
(4) For the purposes of the provisions of the Criminal Justice Act 1988 specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act wherever committed, 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.
(5) In this section and section 6 below “the Convention” means the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3 March 1980.”.
96 The following subsections shall be substituted for section 7(1) of that Act—
“(1) Sections 17 and 22 of the Extradition Act 1870 shall extend to section 5 above.
(1A) Sections 19 and 20 of the Criminal Justice Act 1988 shall extend to section 5A above.”
97 The Police and Criminal Evidence Act 1984 shall be amended as follows.
98 At the end of subsection (3)(b) of section 24 (arrest) there shall be added the words “other than an offence under section 12(1) of the Theft Act 1968”.
99 In section 55(1) (intimate searches) for the words “such a search” there shall be substituted the words “an intimate search”.
100 In section 65, in the definition of “intimate samples”, for the word “orifice” there shall be substituted the word “orifices”.
101 In section 120 (extent) the second of the two subsections numbered as subsection (9) shall be re-numbered as subsection (9A).
102 At the end of Schedule 5 to that Act there shall be added—
9 Section 134 (Torture).”
103 The following paragraph shall be inserted after subsection (4)(a) of section 16 of the Prosecution of Offences Act 1985 (defence costs)—
“(aa) directs under section 8(1B) of the Criminal Appeal Act 1968 the entry of a judgment and verdict of acquittal;”.
104 In subsection (11) of section 22 of that Act (power of Secretary of State to set time limits in relation to preliminary steps of criminal proceedings), at the end of paragraph (b) of the definition of “custody of the Crown Court” there shall be added “or
(c) section 5(2)(a) of the Criminal Justice Act 1987 (custody after transfer order in fraud case);”
105 In section 15(4) of the Local Government Act 1985 (probation service) for the words “paragraphs 6 and 7” there shall be substituted the words “paragraph 6”.
106 The Bankruptcy (Scotland) Act 1985 shall be amended as follows.
107 In section 5(4) (interpretation) after “1987” there shall be added the words “, by section 71(9)(a) of the Criminal Justice Act 1988”.
108 In section 7(1) (constitution of apparent insolvency)—
(a) after the words “Drug Trafficking Offences Act 1986” there shall be inserted the words “or by section 78(2) of the Criminal Justice Act 1988”;
(b) after the words “(Scotland) Act 1987” there shall be inserted the words “, by section 71(9)(a) of the said Act of 1988”; and
(c) after the words “Act of 1987” there shall be inserted the words “, by section 77(1) of the said Act of 1988”.
109 Section 55(2) (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
110 Section 281(4) of the Insolvency Act 1986 (discharge of debtor not to release him from liabilities in respect of fines etc.) shall have effect as if the reference to a fine included a reference to a confiscation order.
111 The following paragraph shall be substituted for subsection (6)(j) of section 3 of the Criminal Justice Act 1987 and subsection (5)(k) of section 54 of the Criminal Justice (Scotland) Act 1987 (each of which sections relates to disclosure of information)—
( ) “a person appointed by the Bank of England under section 41 of the [1987 c. 22.] Banking Act 1987 to carry out an investigation and make a report;”.
112 The Criminal Justice Act 1987 shall be amended as follows.
113 (1) In subsection (2) of section 2 (Director’s investigation powers), for the words from “attend” to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith”.
(2) In subsection (3) of that section—
(a) for the words “a specified time and place” there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,”; and
(b) for the word “class” there shall be substituted the word “description”.
114 (1) In subsection (1) of section 11, for the words from “a report” to “containing” there shall be inserted the words “a report of proceedings to which this section applies which contains”.
(2) The following subsection shall be inserted after that subsection—
“(1A) This section applies—
(a) to an application under section 6(1) above; and
(b) to a preparatory hearing and any appeal or application for leave to appeal relating to such a hearing.”
(3) The following subsection shall be substituted for subsection (2)—
“(2) An order that subsection (1) above shall not apply to reports—
(a) of an application under section 6(1) above;
(b) of a preparatory hearing;
(c) of an appeal to the Court of Appeal under section 9(11) above; or
(d) of an application for leave to appeal under that subsection,
may be made—
(i) in a case falling within paragraph (a), (b) or (d) above, by the judge dealing with the matter; and
(ii) in a case falling within paragraph (c) above, by the Court of Appeal.”.
(4) The following subsection shall be inserted after subsection (9)—
“(9A) In subsection (9) above “engaged” means engaged under a contract of service or a contract for services.”
(5) In subsection (15) the following definition shall be added after the definition of “publish”—
““relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.”.
115 In section 13(1), for the words “operates only so as to make for Northern Ireland provision corresponding to” there shall be substituted the words “is made only for purposes corresponding to those of”.
116 In paragraph 6(1) of Schedule 1, for “(4)” there shall be substituted “(5)”.
117 (1) Section 52 of the Criminal Justice (Scotland) Act 1987 (Powers of investigation in relation to serious or complex fraud) shall be amended as follows.
(2) In subsection (1) for the words from “attend” to the end there shall be substituted the words “answer questions or otherwise furnish information with respect to any matter relevant to the investigation at a specified place and either at a specified time or forthwith.”:
(3) In subsection (2)—
(a) for the words “a specified time and place” there shall be substituted the words “such place as may be specified in the notice and either forthwith or at such time as may be so specified,”; and
(b) for the word “class” there shall be substituted the word “description”.
(4) In subsection (5) after the word “him” there shall be inserted “(a)” and at the end of the subsection there shall be added the words “; or
(b) in a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.”.
Criminal Justice Act 1988