Criminal Justice Act 1988
1988 c. 33
An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.
[29th July 1988]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) Schedule 1 to the Suppression of Terrorism Act 1978 shall be amended as follows.
(2) The following sub-paragraph shall be inserted before paragraph 8(a)—
(za) section 4 (soliciting etc. to commit murder);
.
(3) The following shall be inserted after paragraph 9—
9A The offence of torture under section 134 of the Criminal Justice Act 1988.
.
(4) The following shall be inserted after paragraph 13—
Nuclear material
13A An offence under any provision of the Nuclear Material (Offences) Act 1983.
.
(5) The following shall be added at the end—
Conspiracy
21 An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule.
.
(1) Subject—
(a) to subsection (4) below; and
(b) to paragraph 1A of Schedule 2 to the Criminal Appeal Act 1968 (evidence given orally at original trial to be given orally at retrial); . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—
(i) the requirements of one of the paragraphs of subsection (2) below are satisfied; or
(ii) the requirements of subsection (3) below are satisfied.
(2) The requirements mentioned in subsection (1)(i) above are—
(a) that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;
(b) that—
(i) the person who made the statement is outside the United Kingdom; and
(ii) it is not reasonably practicable to secure his attendance; or
(c) that all reasonable steps have been taken to find the person who made the statement, but that he cannot be found.
(3) The requirements mentioned in subsection (1)(ii) above are—
(a) that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and
(b) that the person who made it does not give oral evidence through fear or because he is kept out of the way.
(4) Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.
(5) . . .
(1) Subject—
(a) to subsections (3) and (4) below; and
(b) to paragraph 1A of Schedule 2 to the Criminal Appeal Act 1968; . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied—
(i) the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and
(ii) the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.
(2) Subsection (1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it—
(a) in the course of a trade, business, profession or other occupation; or
(b) as the holder of a paid or unpaid office.
(3) Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.
(4) A statement prepared otherwise than in accordance with section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below for the purposes—
(a) of pending or contemplated criminal proceedings; or
(b) of a criminal investigation,
shall not be admissible by virtue of subsection (1) above unless—
(i) the requirements of one of the paragraphs of subsection (2) of section 23 above are satisfied; or
(ii) the requirements of subsection (3) of that section are satisfied; or
(iii) the person who made the statement cannot reasonably be expected (having regard to the time which has elapsed since he made the statement and to all the circumstances) to have any recollection of the matters dealt with in the statement.
(5) . . .
(1) If, having regard to all the circumstances—
(a) the Crown Court—
(i) on a trial on indictment;
(ii) on an appeal from a magistrates’ court; . . .
(iii) on the hearing of an application under section 6 of the Criminal Justice Act 1987 (applications for dismissal of charges of fraud transferred from magistrates’ court to Crown Court); or
(iv) on the hearing of an application under paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal of charges in certain cases involving children transferred from magistrates’ court to Crown Court); or
(b) the criminal division of the Court of Appeal; or
(c) a magistrates’ court on a trial of an information,
is of the opinion that in the interests of justice a statement which is admissible by virtue of section 23 or 24 above nevertheless ought not to be admitted, it may direct that the statement shall not be admitted.
(2) Without prejudice to the generality of subsection (1) above, it shall be the duty of the court to have regard—
(a) to the nature and source of the document containing the statement and to whether or not, having regard to its nature and source and to any other circumstances that appear to the court to be relevant, it is likely that the document is authentic;
(b) to the extent to which the statement appears to supply evidence which would otherwise not be readily available;
(c) to the relevance of the evidence that it appears to supply to any issue which is likely to have to be determined in the proceedings; and
(d) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them.
26 Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations.
Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes—
(a) of pending or contemplated criminal proceedings; or
(b) of a criminal investigation,
the statement shall not be given in evidence in any criminal proceedings without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice; and in considering whether its admission would be in the interests of justice, it shall be the duty of the court to have regard—
(i) to the contents of the statement;
(ii) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and
(iii) to any other circumstances that appear to the court to be relevant.
. . . .
Where a statement contained in a document is admissible as evidence in criminal proceedings, it may be proved—
(a) by the production of that document; or
(b) (whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,
authenticated in such manner as the court may approve; and it is immaterial for the purposes of this subsection how many removes there are between a copy and the original.
. . . .
(1) Nothing in this Part of this Act shall prejudice—
(a) the admissibility of a statement not made by a person while giving oral evidence in court which is admissible otherwise than by virtue of this Part of this Act; or
(b) any power of a court to exclude at its discretion a statement admissible by virtue of this Part of this Act.
(2) Schedule 2 to this Act shall have effect for the purpose of supplementing this Part of this Act.
(1) An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.
(2) If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.
(3) For the purpose of determining whether to give leave the court shall have regard—
(a) to the contents of the report;
(b) to the reasons why it is proposed that the person making the report shall not give oral evidence;
(c) to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and
(d) to any other circumstances that appear to the court to be relevant.
(4) An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this section “expert report” means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
For the purpose of helping members of juries to understand complicated issues of fact or technical terms Criminal Procedure Rules may make provision—
(a) as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and
(b) as to the furnishing of glossaries for such purposes as may be specified;
in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.
32 Evidence through television links when witness abroad: service courts.
(A1) This section applies only so far as provided by an order under paragraph 8 of Schedule 13.
(1) A person other than the accused may give evidence through a live television link in proceedings to which subsection (1A) below applies if—
(a) the witness is outside the United Kingdom; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
but evidence may not be so given without the leave of the court.
(1A) This subsection applies—
(a) to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under section 9 of the Criminal Appeal Act 1995; and
(b) to proceedings in youth courts , appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Without prejudice to the generality of any enactment conferring power to make Criminal Procedure Rules, such rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this section.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34 Abolition of requirement of corroboration for unsworn evidence of children.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is abrogated . . ..
(3) Unsworn evidence admitted by virtue of section 56 of the Youth Justice and Criminal Evidence Act 1999 may corroborate evidence (sworn or unsworn) given by any other person.
(1) A case to which this Part of this Act applies may be referred to the Court of Appeal under section 36 below (for requests for referrals by victims of crime in England and Wales, see section 2(3A) of the Victims and Prisoners Act 2024).
(2) Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36 below shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part of this Act shall be construed as references to that division.
(3) This Part of this Act applies to any case —
(a) of a description specified in an order under this section; or
(b) in which sentence is passed on a person—
(i) for an offence triable only on indictment; or
(ii) for an offence of a description specified in an order under this section
(4) The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply to any case of a description specified in the order or to any case in which sentence is passed on a person for an offence triable either way of a description specified in the order.
(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this Part of this Act “sentence” has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly.
(7) In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).
(8) Subsection (2) shall be omitted.
(9) In this section—
“offence triable only on indictment” means an offence punishable only on conviction on indictment;
“offence triable either way” means an offence punishable on conviction on indictment or on summary conviction.
(9A) Any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.
(10) For subsection (5) there shall be substituted—
(5) An order under subsection (4) above shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
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(11) The references in subsection (6) to the Criminal Appeal Act 1968 and Part III of the Mental Health Act 1983 shall be respectively construed as references to Part I of the Criminal Appeal (Northern Ireland) Act 1980 and Part III of the Mental Health (Northern Ireland) Order 1986.
(1) If it appears to the Attorney General—
(a) that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and
(b) that the case is one to which this Part of this Act applies,
he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person; and on such a reference the Court of Appeal may—
(i) quash any sentence passed on him in the proceeding; and
(ii) in place of it pass such sentence as they think appropriate for the case and as the court below had power to pass when dealing with him.
(2) Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied if it appears to the Attorney General that the judge
(a) erred in law as to his powers of sentencing; or
(b) failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.
(3) For the purposes of this Part of this Act any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section 11 of the Criminal Appeal Act 1968.
(3A) Where a reference under this section relates to a minimum term order made under section 321 of the Sentencing Code..., the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.
(4) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.
(5) Where the Court of Appeal have concluded their review of a case referred to them under this section the Attorney General or the person to whose sentencing the reference relates may refer a point of law involved in any sentence passed on that person in the proceeding to the Supreme Court for its opinion , and the Supreme Court shall consider the point and give its opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or itself deal with the case.
(6) A reference under subsection (5) above shall be made only with the leave of the Court of Appeal or the Supreme Court ; and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court .
(7) For the purpose of dealing with a case under this section the Supreme Court may exercise any powers of the Court of Appeal.
(8) The supplementary provisions contained in Schedule 3 to this Act shall have effect.
(9) In the application of this section to Northern Ireland—
(a) any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland ;
(aa) subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted
impose a sentence required by—
(i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,
(ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,
(iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or
(iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;
(b) the references to sections 11 and 35(1) of the Criminal Appeal Act 1968 shall be construed as references to sections 10(2) and 33(1) of the Criminal Appeal (Northern Ireland) Act 1980, respectively., and
(c) the reference in subsection (3A) to a minimum term order made under section 321 of the Sentencing Code shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 ...
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Certain either way offences relating to motor vehicles to be summary offences.
(1) In section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.)—
(a) in subsection (2), for the words “on conviction on indictment be liable to imprisonment for a term not exceeding three years." there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both."; and
(b) at the end of subsection (4) there shall be added the words “and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.".
(2)
(1) In subsection (1) of section 22 of the Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage is charged and it appears to a magistrates’ court clear that the value involved does not exceed the relevant sum, the court is required to proceed as if the offence charged were triable only summarily) in the second paragraph (which states the relevant sum) for “£400" there shall be substituted “£2,000".
(2) Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.
(3) The following subsection shall be inserted after subsection (10) of that section—
(11) Where—
(a) the accused is charged on the same occasion with two or more scheduled offences and it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; or
(b) the offence charged consists in incitement to commit two or more scheduled offences,
this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved.
.
(4) Subsection (3) above does not apply where any of the offences are charged in respect of acts done before this section comes into force.
39 Common assault and battery to be summary offences.
(1) Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
(2) Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).
39A Time limit for prosecution of common assault or battery in domestic abuse cases
(1) This section applies to proceedings for an offence of common assault or battery where—
(a) the alleged behaviour of the accused amounts to domestic abuse, and
(b) the condition in subsection (2) or (3) is met.
(2) The condition in this subsection is that—
(a) the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and
(b) the complainant has provided the statement to—
(i) a constable of a police force, or
(ii) a person authorised by a constable of a police force to receive the statement.
(3) The condition in this subsection is that—
(a) the complainant has been interviewed by—
(i) a constable of a police force, or
(ii) a person authorised by a constable of a police force to interview the complainant, and
(b) a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings.
(4) Proceedings to which this section applies may be commenced at any time which is both—
(a) within two years from the date of the offence to which the proceedings relate, and
(b) within six months from the first date on which either of the conditions in subsection (2) or (3) was met.
(5) This section has effect despite section 127(1) of the Magistrates’ Court Act 1980 (limitation of time).
(6) In this section—
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
“police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985;
“video recording” has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999;
“witness statement” means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967.
(7) This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.
40 Power to join in indictment count for common assault etc.
(1) A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—
(a) is founded on the same facts or evidence as a count charging an indictable offence; or
(b) is part of a series of offences of the same or similar character as an indictable offence which is also charged,
but only if (in either case) the facts or evidence relating to the offence ... are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51 or 51A), has been served on the person charged.
(2) Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a magistrates’ court could have dealt with him.
(3) The offences to which this section applies are—
(a) common assault;
(aa) an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);
(ab) an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)
(ac) an offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer);
(b) an offence under section 12(1) of the Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);
(c) an offence under section 103(1)(b) of the Road Traffic Act 1988 (driving a motor vehicle while disqualified);
(d) an offence mentioned in the first column of Schedule 2 to the Magistrates’ Courts Act 1980 (criminal damage etc.) which would otherwise be triable only summarily by virtue of section 22(2) of that Act; and
(e) any summary offence specified under subsection (4) below.
(4) The Secretary of State may by order made by statutory instrument specify for the purposes of this section any summary offence which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.
(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Criminal Appeal Act 1968 shall be amended as follows.
(2) In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act" shall cease to have effect.
(3) At the end of subsection (1) of section 8 there shall be added the words “but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave."
(4) The following subsections shall be inserted after that subsection—
(1A) Where a person has been ordered to be retried but may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order for retrial and to direct the court of trial to enter a judgment and verdict of acquittal of the offence for which he was ordered to be retried.
(1B) On an application under subsection (1) or (1A) above the Court of Appeal shall have power—
(a) to grant leave to arraign; or
(b) to direct the entry of a judgment and verdict of acquittal,but shall not give leave to arraign unless they are satisfied—
(i) that the prosecution has acted with all due expedition; and
(ii) that there is a good and sufficient cause for a retrial in spite of the lapse of time since the order under section 7 of this Act was made.
(5) Nothing in this section applies where notice of appeal or of application for leave to appeal was given before the commencement of this section.
(1) Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences) shall be amended as follows.
(2) For the third and fourth columns of the entries relating to an offence under section 2(1) (possessing, etc. shotgun without shotgun certificate) there shall be substituted—
(a) Summary. | 6 months or the statutory maximum or both.
(b) On indictment. | 3 years or a fine; or both.
(3) “Life imprisonment” shall be substituted for “14 years" in the fourth column of the entries relating to offences under—
(a) section 17(2) (possessing firearm or imitation firearm at time of committing or being arrested for certain offences); and
(b) section 18(1) (carrying firearm or imitation firearm with criminal intent).
(4) Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
45 Increase in maximum term of imprisonment for cruelty to children and young persons.
(1) In section 1(1)(a) of the Children and Young Persons Act 1933 (under which the maximum term of imprisonment for cruelty to persons under 16 is two years) and in section 12(1)(a) of the Children and Young Persons (Scotland) Act 1937 (which makes corresponding provision for Scotland), for “two" there shall be substituted “ten".
(2) Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.
46 Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.
(1) In section 1(1)(a) of the Prevention of Crime Act 1953 “six months” shall be substituted for “three months".
(2) The maximum fine that may be imposed for an offence under section 1 of the Restriction of Offensive Weapons Act 1959 shall be a fine not exceeding level 5 on the standard scale.
(3) This section shall not have effect in relation to anything done before it comes into force.
51 Statutory maximum as penalty on summary conviction for offences triable either way in subordinate legislation.
(1) For any offence triable either way under a subordinate instrument made before the commencement of this section, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.
(2) Where apart from this section the maximum fine would be one amount in the case of a first conviction and a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
(3) Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
(4) Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to impose penal provisions, being a power which allows the creation of offences triable either way, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of an offence triable either way shall by virtue of this subsection be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment contained in an Act passed before the commencement of this section.
(5) Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to create offences triable either way, the maximum fine for an offence triable either way so created may be expressed as a fine not exceeding the statutory maximum.
(6) Subsection (5) above has effect in relation to exercises of powers before as well as after the commencement of this section.
(7) Nothing in this section shall affect the punishment for an offence committed before the commencement of this section.
(8) In this section and sections 52, 53, 55, 57 and 59 below “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
52 Penalties on conviction for summary offences under subordinate legislation— conversion of references to amounts to references to levels on scale.
(1) Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.
(2) In subsection (1) above “relevant subordinate instrument” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.
(3) Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
(4) Where there is—
(a) under any enactment (however framed or worded) contained in an Act passed before the commencement of this section;
(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.
(5) Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.
53 Powers to specify maximum fines for summary offences under subordinate instruments— conversion of references to amounts to references to levels on scale—England and Wales.
(1) Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
(2) If an order under section 143 of the Magistrates’ Courts Act 1980 alters the sums specified in section 37(2) of the Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.
(3) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.
54 Fines on summary conviction for offences under subordinate instruments— conversion to references to levels on scale—Scotland.
In the Criminal Procedure (Scotland) Act 1975, after section 289GC (which is inserted by section 56 of this Act) there shall be inserted the following section—
Fines on summary conviction for offences under subordinate instruments—conversion to references to levels on scale.
289GD (1) Where an instrument which was made under an enactment on or after 11th April 1983 but before the commencement of section 54 of the Criminal Justice Act 1988 confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable on summary conviction to a fine of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
(2) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued
.
55 Fines under secondary subordinate instruments— England and Wales.
(1) This section applies to any instrument (however framed or worded) which—
(a) was made before 11th April 1983 (the date of the commencement of sections 35 to 50 of the Criminal Justice Act 1982); and
(b) confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,
but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.
(2) The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—
(a) if the specified amount is less than £25 , level 1 on the standard scale;
(b) if it is £25 or more but less than £50, level 2;
(c) if it is £50 or more but less than £200, level 3;
(d) if it is £200 or more but less than £400, level 4; and
(e) if it is £400 or more, level 5.
(3) Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.
(4) Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those maximum fines are to be treated separately for the purposes of this section.
(5) Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—
(a) to the alternative fine; and
(b) to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
as well as in relation to the fine mentioned in subsection (3) above.
(6) Section 36 of the Criminal Justice Act 1982 (abolition of enhanced penalties under subordinate instruments) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (2) to the coming into force of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.