Criminal Justice Act 1982
1982 c. 48
An Act to make further provision as to the sentencing and treatment of offenders (including provision as to the enforcement of fines and the standardisation of fines and of certain other sums specified in enactments relating to the powers of criminal courts); to make provision for the prescribing of criteria for the placing and keeping of children in different descriptions of accommodation in community homes; to amend the law of Scotland relating to the mode of trial of certain offences and the recall of witnesses; to amend the law of England and Wales relating to the remand in custody of accused persons and to the grant of bail to persons convicted or sentenced in the Crown Court; to abolish (subject to savings) the right of a person accused in criminal proceedings under the law of England and Wales to make an unsworn statement; and for connected purposes.
[28th October 1982]
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:—
10 Computation of custodial sentences for young offenders.
The following subsections shall be added at the end of section 67 of the Criminal Justice Act 1967 (reduction of custodial sentence by period already spent in custody)—
(5) This section applies—
(a) to orders made under section 4 of the Criminal Justice Act 1982 (detention centre orders); and
(b) to sentences passed by virtue of section 6 of the Criminal Justice Act 1982 (youth custody sentences),
as it applies to sentences of imprisonment.
(6) The reference in subsection (1) above to an offender being committed to custody by an order of a court includes a reference to his being committed to a remand centre or to prison under section 23 of the Children and Young Persons Act 1969 or section 37 of the Magistrates’ Courts Act 1980 but does not include a reference to his being committed to the care of a local authority under the said section 23.
.
The following section shall be substituted for section 43 of the Prison Act 1952—
Remand centres, detention centres and youth custody centres.
43 (1) The Secretary of State may provide—
(a) remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence;
(b) detention centres, that is to say places in which male offenders not less than 14 but under 21 years of age who are ordered to be detained in such centres under the Criminal Justice Act 1982 may be kept for short periods under discipline suitable to persons of their age and description; and
(c) youth custody centres, that is to say places in which offenders not less than 15 but under 21 years of age may be detained and given training, instruction and work and prepared for their release.
(2) The Secretary of State may from time to time direct—
(a) that a woman aged 21 years or over who is serving a sentence of imprisonment or who has been committed to prison for default shall be detained in a remand centre or a youth custody centre instead of a prison;
(b) that a woman aged 21 years or over who is remanded in custody or committed in custody for trial or sentence shall be detained in a remand centre instead of a prison;
(c) that a person under 21 but not less than 17 years of age who is remanded in custody or committed in custody for trial or sentence shall be detained in a prison instead of a remand centre or a remand centre instead of a prison, notwithstanding anything in section 27 of the Criminal Justice Act 1948 or section 23(3) of the Children and Young Persons Act 1969.
(3) Notwithstanding subsection (1) above, any person required to be detained in an institution to which this Act applies may be detained in a remand centre for any temporary purpose or for the purpose of providing maintenance and domestic services for that centre.
(4) Sections 5A, 6(2) and (3), 16, 22, 25 and 36 of this Act shall apply to remand centres, detention centres and youth custody centres and to persons detained in them as they apply to prisons and prisoners.
(5) The other provisions of this Act preceding this section, except sections 28 and 37(2) above, shall apply to such centres and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptations and modifications as may be specified in rules made by the Secretary of State.
(6) References in the preceding provisions of this Act to imprisonment shall, so far as those provisions apply to institutions provided under this section, be construed as including references to detention in those institutions.
(7) Nothing in this section shall be taken to prejudice the operation of section 12 of the Criminal Justice Act 1982.
.
29 Power of Crown Court to grant bail pending appeal.
(1) In section 81 of the Senior Courts Act 1981 —
(a) in subsection (1) (which lists cases in which the Crown Court may grant bail) at the end of paragraph (e) there shall be added—
or
(f) to whom the Crown Court has granted a certificate under section 1(2) or 11(1A) of the Criminal Appeal Act 1968 or under subsection (1B) below;
;
(b) the following subsections shall be inserted after that subsection—
(1A) The power conferred by subsection (1)(f) does not extend to a case to which section 12 or 15 of the Criminal Appeal Act 1968 (appeal against verdict of not guilty by reason of insanity or against finding of disability) applies.
(1B) A certificate under this subsection is a certificate that a case is fit for appeal on a ground which involves a question of law alone.
(1C) The power conferred by subsection (1)(f) is to be exercised—
(a) where the appeal is under section 1 or 9 of the Criminal Appeal Act 1968, by the judge who tried the case; and
(b) where it is under section 10 of that Act, by the judge who passed the sentence.
(1D) The power may only be exercised within twenty-eight days from the date of the conviction appealed against, or in the case of appeal against sentence, from the date on which sentence was passed or, in the case of an order made or treated as made on conviction, from the date of the making of the order.
(1E) The power may not be exercised if the appellant has made an application to the Court of Appeal for bail in respect of the offence or offences to which the appeal relates.
(1F) It shall be a condition of bail granted in the exercise of the power that, unless a notice of appeal has previously been lodged in accordance with subsection (1) of section 18 of the Criminal Appeal Act 1968—
(a) such a notice shall be so lodged within the period specified in subsection (2) of that section; and
(b) not later than 14 days from the end of that period, the appellant shall lodge with the Crown Court a certificate from the registrar of criminal appeals that a notice of appeal was given within that period.
(1G) If the Crown Court grants bail to a person in the exercise of the power, it may direct him to appear—
(a) if a notice of appeal is lodged within the period specified in section 18(2) of the Criminal Appeal Act 1968 at such time and place as the Court of Appeal may require; and
(b) if no such notice is lodged within that period, at such time and place as the Crown Court may require.
.
(2) In the Criminal Appeal Act 1968—
(a) in section 11—
(i) in subsection (1), for the word “An" there shall be substituted the words “Subject to subsection (1A) below, an"; and
(ii) the following subsection shall be inserted after that subsection—
(1A) If the judge who passed the sentence grants a certificate that the case is fit for appeal under section 9 or 10 of this Act, an appeal lies under this section without the leave of the Court of Appeal.
;
(b) the following section shall be substituted for section 19—
Bail.
19 (1) The Court of Appeal may, if they think fit,—
(a) grant an appellant bail pending the determination of his appeal; or
(b) revoke bail granted to an appellant by the Crown Court under paragraph (f) of section 81(1) of the Supreme Court Act 1981; or
(c) vary the conditions of bail granted to an appellant in the exercise of the power conferred by that paragraph.
(2) The powers conferred by subsection (1) above may be exercised—
(a) on the application of an appellant; or
(b) if it appears to the registrar of criminal appeals of the Court of Appeal (hereafter referred to as “the registrar”) that any of them ought to be exercised, on a reference to the court by him.
;
(c) the following paragraph shall be substituted for section 31(2)(e)—
(e) to exercise the powers conferred by section 19 of this Act;
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(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Secretary of State may order that persons of any class specified in the order who are serving a sentence of imprisonment, other than—
(a) imprisonment for life , imprisonment for public protection , a serious terrorism sentence ... or an extended sentence ...; or
(b) imprisonment to which they were sentenced—
(i) for an excluded offence;
(ii) for attempting to commit such an offence;
(iii) for conspiracy to commit such an offence; or
(iv) for aiding or abetting, counselling, procuring or inciting the commission of such an offence, or
(c) imprisonment to which they were sentenced for an offence under section 42 of the Armed Forces Act 2006 (criminal conduct) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is—
(i) an excluded offence;
(ii) an attempt to commit an excluded offence;
(iii) conspiracy to commit an excluded offence; or
(iv) aiding or abetting, counselling, procuring or inciting the commission of an excluded offence,
shall be released from prison at such time earlier (but not more than six months earlier) than they would otherwise be so released as may be fixed by the order; but the Secretary of State shall not make an order under this section unless he is satisfied that it is necessary to do so in order to make the best use of the places available for detention.
(1A) In this section—
(a) references to a sentence of imprisonment include a sentence of detention (other than a sentence of service detention within the meaning of the Armed Forces Act 2006), including a detention and training order and an order under section 211 of the Armed Forces Act 2006;
(b) references to a sentence of imprisonment for life include custody for life and detention at Her Majesty's pleasure;
(c) references to a sentence of imprisonment for public protection are to a sentence under section 225 or 226 of the Criminal Justice Act 2003, including a sentence passed as a result of section 219 or 221 of the Armed Forces Act 2006;
(ca) references to a serious terrorism sentence are to a sentence under section 268A or 282A of the Sentencing Code;
(d) references to an extended sentence are to a sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 or under section 254, 266 or 279 of the Sentencing Code, including a sentence passed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006;
(e) references to prison include youth detention accommodation (within the meaning of section 248 of the Sentencing Code).
(2) In this section “excluded offence” means—
(a) an offence (whether at common law or under any enactment) specified in Part I of Schedule 1 to this Act; and
(b) an offence under an enactment specified in Part II of that Schedule; and
(c) an offence specified in Part III of that Schedule.
(2A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, encouragement and assistance and aiding and abetting outside England and Wales) applies for the purposes of subsection (1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (1)(c)(ii) to (iv).
(3) No person may be released under this section if—
(a) he is subject to more than one sentence of imprisonment; and
(b) at least one of the terms that he has to serve is for an offence mentioned in subsection (1)(b)(i), (ii), (iii) or (iv) or (1)(c) above.
(4) An order under this section—
(a) may define a class of persons in any way;
(b) may relate to one or more specified prisons, or to prisons of a specified class (however defined), or to prisons generally; and
(c) may make the time at which a person of any specified class is to be released depend on any circumstances whatever.
(5) Where a person who is to be released from prison in pursuance of an order under this section is a person serving a sentence of imprisonment in respect of whom an extended sentence certificate (within the meaning of the Powers of Criminal Courts Act 1973) was issued when the sentence was passed, his release shall be a release on licence under section 60 of the Criminal Justice Act 1967, irrespective of whether at the time of his release he could have been released on licence under that section by virtue of subsection (3) thereof.
(6) Where a person ... is released from prison in pursuance of an order under this section, his sentence shall expire on his release.
(6A) Subsection (6) does not apply—
(a) where the person is within subsection (5), or
(b) where the sentence is a detention and training order or a sentence under section 211 of the Armed Forces Act 2006.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) An order under this section shall be made by statutory instrument.
(9) No order under this section shall be made unless—
(a) a draft of the order has been laid before Parliament and approved by resolution of each House of Parliament; or
(b) the expedited procedure conditions are satisfied.
(10) The expedited procedure conditions are satisfied if—
(a) the order does not provide for the release of any persons before one month earlier than they would otherwise be released; and
(b) it is declared in the order that it appears to the Secretary of q State that by reason of urgency it is necessary to make the order without a draft having been so approved.
(11) Every such order (except such an order of which a draft has been so approved)—
(a) shall be laid before Parliament; and
(b) shall cease to have effect at the expiry of a period of 40 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.
(12) In reckoning for the purposes of subsection (11) above any period of 40 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
(13) An order under this section shall not remain in force after the expiration of 6 months beginning with the date on which it is made, but without prejudice to the power of the Secretary of State to revoke it or to make a further order under this section.
(14) Section 5 of the Imprisonment (Temporary Provisions) Act 1980 (which is superseded by this section) shall cease to have effect.
35 Abolition of enhanced penalties on subsequent conviction of summary offences under Acts of Parliament.
(1) Subject to subsection (3) below, this section applies where under an Act a person convicted of a summary offence—
(a) is liable to a fine or maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction; or
(b) is liable to imprisonment for a longer term in the case of a second or subsequent conviction; or
(c) is only liable to imprisonment in the case of a second or subsequent conviction.
(2) Where this section applies, a person guilty of such an offence shall be liable on summary conviction—
(a) to a fine or, as the case may be, a maximum fine of an amount not exceeding the greatest amount;
(b) to imprisonment for a term not exceeding the longest or only term,
to which he would have been liable before this section came into force if his conviction had satisfied the conditions required for the imposition of a fine or maximum fine of that amount or imprisonment for that term.
(3) This section does not apply to offences under—
(a) section 33 to 36 of the Sexual Offences Act 1956 (brothel-keeping and prostitution); or
(b) section 1(2) of the Street Offences Act 1959 (loitering and soliciting for the purpose of prostitution).
36 Abolition of enhanced penalties under subordinate instruments.
(1) This section applies where an Act (however framed or worded) confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction—
(a) to a fine or maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction; or
(b) to imprisonment for a longer term in the case of a second or subsequent conviction; or
(c) to imprisonment only in the case of a second or subsequent conviction.
(2) Any such Act shall have effect as if it conferred power by subordinate instrument to make a person liable—
(a) to a fine or, as the case may be, a maximum fine of an amount not exceeding the greatest amount;
(b) to imprisonment for a term not exceeding the longest or only term,
to which he would have been liable before this section came into force if his conviction had satisfied the conditions required for the imposition of a fine or maximum fine of that amount or imprisonment for that term.
38 General increase of fines for summary offences under Acts of Parliament.
(1) Subject to subsection (5) below and to section 39(1) below, this section applies to any enactment contained in an Act passed before this Act (however framed or worded) which, as regards any summary offence created not later than 29th July 1977 (the date of the passing of the Criminal Law Act 1977), makes a person liable on conviction to a fine or maximum fine which—
(a) is less than £1,000; and
(b) was not altered by section 30 or 31 of the Criminal Law Act 1977; and
(c) has not been altered since 29th July 1977 or has only been altered since that date by section 35 above.
(2) Subject to subsection (7) below, where an enactment to which this section applies provides on conviction of a summary offence for a fine or maximum fine in respect of a specified quantity or a specified number of things, that fine or maximum fine shall be treated for the purposes of this section as being the fine or maximum fine for the offence.
(3) Where an enactment to which this section applies provides for different fines or maximum fines in relation to different circumstances or persons of different descriptions, they are to be treated separately for the purposes of this section.
(4) An enactment in which section 31(6) and (7) of the Criminal Law Act 1977 (pre-1949 enactments) produced the same fine or maximum fine for different convictions shall be treated for the purposes of this section as if there were omitted from it so much of it as before 29th July 1977 had the effect that a person guilty of an offence under it was liable on summary conviction to a fine or maximum fine less than the highest fine or maximum fine to which he would have been liable if his conviction had satisfied the conditions required for the imposition of the highest fine or maximum fine.
(5) This section shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine or maximum fine for each period of a specified length during which a continuing offence is continued.
(6) The fine or maximum fine for an offence under an enactment to which this section applies shall be increased to the amount at the appropriate level on the standard scale unless it is an enactment in relation to which section 39(2) below provides for some other increase.
(7) Where an enactment to which this section applies provides on conviction of a summary offence for a fine or maximum fine in respect of a specified quantity or a specified number of things but also specifies an alternative fine or maximum fine, subsection (6) above shall have effect to increase—
(a) the alternative fine; and
(b) any amount that the enactment specifies as the maximum which a fine under it may not exceed,
as well as the fine or maximum fine which it has effect to increase by virtue of subsection (2) above.
(8) Subject to subsection (9) below, the appropriate level on the standard scale for the purposes of subsection (6) and (7) above is the level on that scale next above the amount of the fine or maximum fine that falls to be increased.
(9) If the amount of the fine or maximum fine that falls to be increased is £400 or more but less than £500, the appropriate level is £1,000.
(10) Where section 35 above applies, the amount of the fine or maximum fine that falls to be increased is to be taken to be the fine or maximum fine to which a person is liable by virtue of that section.
(1) Section 38 above does not apply—
(a) to any enactment specified in Schedule 2 to this Act; or
(b) to the following enactments—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) any enactment specified in the Schedule to the London Transport Act 1977 or in Schedule 1 to the British Railways Act 1977 to the extent that the enactment was amended by section 12(1) of the former Act or section 13(1) of the latter;
(iii) any enactment specified in Part I of Schedule 2 to the City of London (Various Powers) Act 1977.
(2) The enactments specified in column 2 of Schedule 3 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3.
(3) The enactments specified in column 2 of Schedule 4 to this Act, which relate to certain maximum fines that may be imposed on a person otherwise than on conviction of an offence, their broad effect being described in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3.