Criminal Justice Act 1988 (c. 33)

(The document as of February, 2008)

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(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. "

Aviation Security Act 1982 (c. 36)

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--

" 9A Extradition under Part I of Criminal Justice Act 1988

(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. " .

Civic Government (Scotland) Act 1982 (c. 45)

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)".

Criminal Justice Act 1982 (c. 48)

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--

" CRIMINAL JUSTICE ACT 1988 (c. 33)

26 Section 134 (torture). "

Transport Act 1982 (c. 49)

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,".

Nuclear Material (Offences) Act 1983 (c. 18)

95 The following section shall be inserted after section 5 of the Nuclear Material (Offences) Act 1983 (extradition)--

" 5A Extradition under Part I of Criminal Justice Act 1988

(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. "

Police and Criminal Evidence Act 1984 (c. 60)

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--

" Criminal Justice Act 1988 (c. 33)

9 Section 134 (Torture). "

Prosecution of Offences Act 1985 (c. 23)

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); "

Local Government Act 1985 (c. 51)

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".

Bankruptcy (Scotland) Act 1985 (c. 66)

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.

Insolvency Act 1986 (c. 45)

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.

Criminal Justice Act 1987 (c. 38)Criminal Justice (Scotland) Act 1987 (c. 41)

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; " .

Criminal Justice Act 1987 (c. 38)

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)".

Criminal Justice (Scotland) Act 1987 (c. 41)

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. " .

The Public Order (Northern Ireland) Order 1987 S.I. 1987 No. 463 (N.I.7)

118 (1) In Article 24(2) of the Public Order (Northern Ireland) Order 1987, for the words "or Part IV" there shall be substituted the words "Part IV or section 139 of the Criminal Justice Act 1988".

(2) In Article 26(1) of that Order, for the words "or 22(1)" there shall be substituted the words "22(1) or section 139 of the Criminal Justice Act 1988".

(3) In Article 26(2) (c) of that Order, after the words "Article 22(1)" there shall be inserted the words "or section 139 of the Criminal Justice Act 1988", and after the word "weapon" there shall be inserted the words "or article, as the case may be,".

Section 170.

SCHEDULE 16 Repeals

7 Geo. 4. c. 24.	Criminal Law Act 1826.	Section 30.
24 & 25 Vict. c. 100.	Offences against the Person Act 1861.	Sections 42 and 43.
		In section 44, the word "such", in the first place where it occurs, and the words "under either of the last two preceding sections".
		Section 46.
		In section 47, the words from "and" to the end.
6 & 7 Geo. 5. c. 64.	Prevention of Corruption Act 1916.	Sections 1 and 3.
15 & 16 Geo. 5. c. 86.	Criminal Justice Act 1925.	Section 39.
23 & 24 Geo. 5. c. 12.	Children and Young Persons Act 1933.	Section 1(5) and (6).
		In section 38(1), the proviso.
		In Schedule 1, in the third paragraph, the words "forty-two, forty-three".
1 Edw. 8. & 1 Geo. 6. c. 37.	Children and Young Persons (Scotland) Act 1937.	Section 12(5) and (6).
15 & 16 Geo. 6. and 1 Eliz. 2. c. 52.	Prison Act 1952.	Section 43(1)(b) and (c).
1952 c. 61.	Prisons (Scotland) Act 1952.	In section 31(1), paragraph (b).
		In section 31(3), the words "detention centre".
		In section 31(4), the words "detention centres" wherever they occur.
		In section 34, the words "or a detention centre".
		In section 35(1), the words "detention centres".
		In section 37(1), the words "or detention centre".
		In section 37(2), the words "or detention centre" wherever they occur.
9 & 10 Eliz. 2. c. 39.	Criminal Justice Act 1961.	Section 2.
1967 c. 68.	Fugitive Offenders Act 1967.	In section 8(1) and (2), the words "to custody".
		In section 11(1), the words "in respect of a person in custody thereunder".
		In section 16(1), the words "(except for purposes of the references to the United Kingdom in section 3)".
		Schedule 1.
1967 c. 80.	Criminal Justice Act 1967.	Section 49.
		In Schedule 3, Part I, the entry relating to the Prevention of Corruption Act 1906.
1968 c. 19.	Criminal Appeal Act 1968.	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".
		Section 10(3)(d).
		Section 42.
1968 c. 27.	Firearms Act 1968.	In section 21(2), the words "to borstal training, to corrective training for less than three years or".
		In section 52(1)(a), the words "preventive detention, corrective training, borstal training,".
1969 c. 12.	Genocide Act 1969.	Section 2(1)(b) and the word "and" immediately preceding it.
		In section 3(1), the words "and sections 16 and 17 of the Fugitive Offenders Act 1967".
1969 c. 54.	Children and Young Persons Act l969.	In section 16(10), the words from "and the provisions" to the end.
		Sec "detention centre".
1972 c. 20.	Road Traffic Act 1972.	In section 100, the words "or attempting to drive".
1972 c. 71.	Criminal Justice Act 1972.	Section 28(3).
		In Schedule 5, the amendment of the Criminal Appeal Act l968.
1973 c. 14.	Costs in Criminal Cases Act 1973.	In Schedule 1, paragraph 3.
1973 c. 62.	Powers of Criminal Courts Act 1973.	Section 22(5).
		In section 34A(1)(c), the words "other than an order under section 35 of this Act".'
		Sections 39 and 40.
		In section 57(3), the definition of "detention centre".
		In Schedule 3, paragraph 2(4)(b) and the word "and" immediately preceding it, and paragraph 7.
		In Schedule 5, paragraph 29.
1974 c. 23.	Juries Act 1974.	In section 12(1)(a), the words "not more than three jurors without cause and".
		In section 16(2), the words "for murder or".
1976 c. 82.	Sexual Offences (Amendment) Act 1976.	In section 4, in subsection (3), the words "before the Crown Court at which a person is charged with a rape offence" and "relating to the complainant", and subsection (7)(a).
		In section 5(6), the words from the beginning to "and", in the second place where it occurs.
		Section 6.
		In section 7, in subsection (4), the words "and 6(4)(b)", in subsection (5), the words "and 6" and in subsection (6), the words "and section 6(1) as adapted by section 6(4)(b)."
1977 c. 45.	Criminal Law Act 1977.	Section 43.
		In Schedule 5, paragraph 2, so far as relating to section 99(b) of the Road Traffic Act 1972.
		In Schedule 6, the entry relating to the Offences against the Person Act 1861.
		In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 4(b) and (c).
1978 c. 26.	Suppression of Terrorism Act 1978.	Section 3(2).
1978 c. 31.	Theft Act 1978.	In section 5(3) the words from "and" to the end.
1978 c. 37.	Protection of Children Act 1978.	In section 1(6), paragraph (b) and the word "and" immediately preceding it and the words "and sections 16 and 17 of the 1967 Act".
		In section 4(2), the words from "taken" to the end.
		In section 5(2), the words from "taken" to "distributed or shown,".
1980 c. 9.	Reserve Forces Act 1980.	In Schedule 1, paragraph 5(c)(ii) and the word "or" immediately preceding it.
1980 c. 43.	Magistrates' Courts Act 1980.	Section 22(7).
		Section 32(7).
		Section 134.
		In section 143, subsection (2)(l) to (n), subsections (4) and (5) and in subsection (6) the words "or (4)".
		In Schedule 1, in paragraph 5(h), the words "-- common assault".
1982 c. 16.	Civil Aviation Act 1982.	Section 93(3).
1982 c. 28.	Taking of Hostages Act 1982.	In section 3, subsection (1)(b) and the word "and" immediately preceding it and subsections (3) and (5).
1982 c. 36.	Aviation Security Act 1982.	In section 9, subsection (1)(b)	Sections 74 and 75.
		In section 80(1), the words "section 74; section 75;".
		In Schedule 8, paragraphs 3(c) and 7(d).
1983 c. 18.	Nuclear Material (Offences) Act 1983.	In section 5, subsection (1)(b) and the word "and" immediately preceding it, and subsections (2) and (4).
1984 c. 39.	Video Recordings Act 1984.	Section 15(2), (4) and (5).
1984 c. 46.	Cable and Broadcasting Act 1984.	In Schedule 5, paragraph 34(6).
1984 c. 47.	Repatriation of Prisoners Act 1984.	In Schedule 1, paragraph 4.
1984 c. 60.	Police and Criminal Evidence Act 1984.	Section 24(2)(e).
		In section 65, the word "and" before "references".
		Section 68.
		In Schedule 3, paragraphs 1 to 7 and paragraph 13.
1985 c. 13.	Cinemas Act 1985.	In Schedule 2, paragraph 11.
1985 c. 37.	Prohibition of Female Circumcision Act 1985.	Section 3(1)(b) and the word "and" immediately preceding it.
1985 c. 51.	Local Government Act 1985.	In section 15(5), the words "or 7".
1985 c. 65.	Insolvency Act 1985.	In Schedule 8, paragraph 24.
1986 c. 32.	Drug Trafficking Offences Act 1986.	In section 6, in subsection (1), paragraph (b) and the word "and" immediately preceding it, in subsection (3), the words "or 9" and subsection (5).
		Section 10(1).
		Section 15(5)(b) and (c).
		In section 17(1), the words from "but" to the end.
		In section 19, in subsection (1) (b) (i), the words "(and no conviction for any drug trafficking offence is substituted)" and in subsection (2), in paragraph (a), the words "and that, but for that default, the proceedings would not have been instituted or continued," and in paragraph (b), the word "substantial".
		In section 25(3), the words "varying or revoking a previous Order in Council".
		In section 38(11), the words "in England and Wales".
1986 c. 45.	Insolvency Act 1986.	Section 264(1)(d) and the word "or" immediately preceding it.
		Section 266(4).
		Section 267(3).
		Section 277.
		Section 282(2).
		In section 293(1), the words "does not apply where the bankruptcy order was made on a petition under section 264(1)(d) (criminal bankruptcy); and it".
		Section 297(1).
		Section 327.
		Section 341(4) and (5).
		Section 382(1)(c).
		In section 383(1)(a), the words from "(being," to "question)".
		In section 385(1), the definition of "criminal bankruptcy order".
		Section 402.
1987 c. 38.	Criminal Justice Act 1987.	Section 9(3)(a).
		In section 11, in subsection (8)(e), the word "engaged", and subsection (11).
		In Schedule 2, paragraph 1(2).
1987 c. 41.	Criminal Justice (Scotland) Act 1987.	Section 45(7)(c)(ii) and the word "and" immediately preceding it.
1988 c. 13.	Coroners Act 198 Notes 1 The repeals in the Offences against the Person Act 1861 and the Prevention of Corruption Act 1916 do not extend to Northern Ireland. 2 The repeal in the Road Traffic Act 1972 does not extend to Scotland. 3 The repeal of sections 74 and 75 of the Criminal Justice Act 1982 and the repeals in sections 80 and 81 of that Act do not affect those sections as they apply-- (a) in any of the Channel Islands; or (b) in the Isle of Man, and any Order in Council applying section 74(1) or 75 to any of those Islands shall continue to have effect as if this Act had not been passed. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 -- Back -- Stat		Other