Criminal Justice Act 1993 (c. 36)

(The document as of February, 2008)

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(b) for paragraph (a) substitute--

" (a) if it appears to the Lord Advocate that, as the case may be--

(i) the sentence is unduly lenient;

(ii) the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;

(iii) to dismiss with an admonition or to discharge absolutely is unduly lenient; or

(iv) the deferment of sentence is inappropriate or on unduly lenient conditions; " .

(3) In section 442(1) of that Act (rights of appeal in summary proceedings)--

(a) in paragraph (a)--

(i) after "person convicted" insert ", or found to have committed an offence,";

(ii) in sub-paragraph (i), after "conviction" insert "or finding";

(iii) after sub-paragraph (ii) (and before the word "or") insert--

" (iia) against his absolute discharge or admonition or any probation order or any community service order under the [1978 c. 49] Community Service by Offenders (Scotland) Act 1978 or any order deferring sentence; " ; and

(iv) in sub-paragraph (iii), after "sentence" add "or disposal or order"; and

(b) in paragraph (c)--

(i) after "conviction" insert "or, whether the person has been convicted or not, against any probation order or any community service order under the Community Service by Offenders (Scotland) Act 1978 or against the person's absolute discharge or admonition or against any order deferring sentence";

(ii) for "the sentence is unduly lenient" substitute-- " , as the case may be--

(i) the sentence is unduly lenient;

(ii) the making of the probation order or community service order is unduly lenient or its terms are unduly lenient;

(iii) to dismiss with an admonition or to discharge absolutely is unduly lenient; or

(iv) the deferment of sentence is inappropriate or on unduly lenient conditions; " .

69 Supervised release of certain young offenders in Scotland

In section 212A of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (which makes provision for the supervised release of short-term prisoners in Scotland) at the end add--

" (7) The foregoing provisions of this section apply to a person sentenced under section 207 or 415 of this Act as the provisions apply to a person sentenced to a period of imprisonment. " .

70 Penalties under implementation regulations

(1) Paragraphs 8(3), 9(2) and 10(3) of Schedule 8 to the Banking Coordination (Second Council Directive) Regulations 1992 shall cease to have effect.

(2) Regulations under section 2(2) of the [1972 c. 68.] European Communities Act 1972 for the purpose of implementing--

(a) Article 15 of the Second Banking Co-ordination Directive (which requires the United Kingdom to make provision for the exercise in the United Kingdom by supervisory authorities of other member States of information and inspection powers in relation to institutions authorised by them), or

(b) Articles 3, 6 and 7 of the Supervision of Credit Institutions Directive (which make similar provision in relation to the consolidated supervision of credit institutions),

may, notwithstanding paragraph 1(1)(d) of Schedule 2 to that Act, create offences punishable in the same way as offences under sections 39, 40 and 41 of the [1987 c. 22.] Banking Act 1987.

(3) In this section--

"the Second Banking Co-ordination Directive" means the [O.J. No. L386/1.] Community Council Directive No. 89/646/EEC on the co-ordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions and amending Directive 77/780/EEC; and
"the Supervision of Credit Institutions Directive" means the [O.J. No. L110/52.] Community Council Directive No. 92/30/EEC on the supervision of credit institutions on a consolidated basis.

(4) Subsection (1) shall not affect the punishment for an offence committed before that subsection comes into force.

71 Offences in connection with taxation etc. in the EC

(1) A person who, in the United Kingdom, assists in or induces any conduct outside the United Kingdom which involves the commission of a serious offence against the law of another member State is guilty of an offence under this section if--

(a) the offence involved is one consisting in or including the contravention of provisions of the law of that member State which relate to any of the matters specified in subsection (2);

(b) the offence involved is one consisting in or including the contravention of other provisions of that law so far as they have effect in relation to any of those matters; or

(2) The matters mentioned in subsection (1) are--

(a) the determination, discharge or enforcement of any liability for a Community duty or tax;

(b) the operation of arrangements under which reliefs or exemptions from any such duty or tax are provided or sums in respect of any such duty or tax are repaid or refunded;

(c) the making of payments in pursuance of Community arrangements made in connection with the regulation of the market for agricultural products and the enforcement of the conditions of any such payments;

(d) the movement into or out of any member State of anything in relation to the movement of which any Community instrument imposes, or requires the imposition of, any prohibition or restriction; and

(e) such other matters in relation to which provision is made by any Community instrument as the Secretary of State may by order specify.

(3) For the purposes of this section--

(a) an offence against the law of a member State is a serious offence if provision is in force in that member State authorising the sentencing, in some or all cases, of a person convicted of that offence to imprisonment for a maximum term of twelve months or more; and

(b) the question whether any conduct involves the commission of such an offence shall be determined according to the law in force in the member State in question at the time of the assistance or inducement.

(4) In any proceedings against any person for an offence under this section it shall be a defence for that person to show--

(a) that the conduct in question would not have involved the commission of an offence against the law of the member State in question but for circumstances of which he had no knowledge; and

(b) that he did not suspect or anticipate the existence of those circumstances and did not have reasonable grounds for doing so.

(5) For the purposes of any proceedings for an offence under this section, a certificate purporting to be issued by or on behalf of the government of another member State which contains a statement, in relation to such times as may be specified in the certificate--

(a) that a specified offence existed against the law of that member State,

(b) that an offence against the law of that member State was a serious offence within the meaning of this section,

(c) that such an offence consists in or includes the contravention of particular provisions of the law of that member State,

(d) that specified provisions of the law of that member State relate to, or are capable of having an effect in relation to, particular matters,

(e) that specified conduct involved the commission of a particular offence against the law of that member State, or

(f) that a particular effect in that member State in relation to any matter would result from specified conduct,

shall, in the case of a statement falling within paragraphs (a) to (d), be conclusive of the matters stated and, in the other cases, be evidence, and in Scotland sufficient evidence, of the matters stated.

(6) A person guilty of an offence under this section shall be liable--

(a) on summary conviction, to a penalty of the statutory maximum or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction on indictment, to a penalty of any amount or to imprisonment for a term not exceeding seven years or to both.

(7) Sections 145 to 152 and 154 of the [1979 c. 2.] Customs and Excise Management Act 1979 (general provisions as to legal proceedings) shall apply as if this section were contained in that Act; and an offence under this section shall be treated for all purposes as an offence for which a person is liable to be arrested under the customs and excise Acts.

(8) The power of the Secretary of State to make an order under subsection (2)(e) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(9) In this section--

"another member State" means a member State other than the United Kingdom;
"Community duty or tax" means any of the following, that is to say--
(a)
any Community customs duty;
(b)
an agricultural levy of the Economic Community;
(c)
value added tax under the law of another member State;
(d)
any duty or tax on tobacco products, alcoholic liquors or hydrocarbon oils which, in another member State, corresponds to any excise duty;
(e)
any duty, tax or other charge not falling within paragraphs (a) to (d) of this definition which is imposed by or in pursuance of any Community instrument on the movement of goods into or out of any member State;
"conduct" includes acts, omissions and statements;
"contravention" includes a failure to comply; and
"the customs and excise Acts" has the same meaning as in the Customs and Excise Management Act 1979.

(10) References in this section, in relation to a Community instrument, to the movement of anything into or out of a member State include references to the movement of anything between member States and to the doing of anything which falls to be treated for the purposes of that instrument as involving the entry into, or departure from, the territory of the Community of any goods (within the meaning of that Act of 1979).

72 Backing of warrants: safeguards

(1) The [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965 shall be amended as follows.

(2) In section 2 (proceedings before magistrates' courts), the following subsection shall be added at the end--

" (5) The Secretary of State may by order provide that an order may not be made under subsection (1) of this section if it is shown to the satisfaction of the court that no provision is made in the law of the Republic, in respect of a person delivered up to the Republic by the United Kingdom, corresponding to the provision made by or under sections 6A and 6B of this Act in respect of a person delivered up to the United Kingdom by the Republic. " .

(3) The following sections shall be inserted after section 6--

" 6A Persons delivered up by the Republic: the rule of speciality

(1) The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic ("the defendant") may be dealt with for, or in respect of, any offence committed before his surrender, other than the offence for which he was delivered up.

(2) In subsection (1) of this section, "corresponding" means corresponding to provisions contained in this Act.

(3) Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section--

(a) where consent is given by a Minister of the Republic;

(b) where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;

(c) where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it;

(d) where the description of the offence charged in the United Kingdom is altered in the course of proceedings but the offence under its new description is shown by its constituent elements to be an offence for which the defendant could have been delivered up under the corresponding legislation.

6B Extradition to third country

(1) The Secretary of State may by order provide that, except in such cases as may be specified in the order, no person delivered up to the United Kingdom under corresponding arrangements in force in the Republic ("the defendant") may be delivered up to a territory other than the Republic to be dealt with for, or in respect of, any offence committed before his surrender to the United Kingdom.

(2) In subsection (1) of this section "corresponding" means corresponding to provisions contained in this Act.

(3) Any order under this section may, in particular, specify the following cases for the purposes of subsection (1) of this section--

(a) where consent is given by a Minister of the Republic;

(b) where the defendant, having had an opportunity to leave the United Kingdom, has not done so within 45 days of his final discharge in respect of the offence for which he was delivered up;

(c) where the defendant has, after being returned to the United Kingdom, left the United Kingdom and subsequently returned to it.

6C Provisions supplementing sections 2(5), 6A and 6B

(1) The power to make an order under section 2(5), 6A or 6B of this Act shall be exercisable by statutory instrument.

(2) Any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Any such order may--

(a) make different provision for different cases; and

(b) make such incidental or supplemental provision as the Secretary of State considers appropriate.

(4) Any incidental or supplemental provision may, in particular, include--

(a) in the case of an order under section 2(5) of this Act, provision as to the circumstances in which, and the presumptions which may be applied in considering whether, provision made by the law of the Republic is to be treated as corresponding to provision made by or under section 6A or 6B of this Act;

(b) in the case of an order under section 6A or 6B of this Act--

(i) provision as to the notification of any consent;

(ii) provision as to the drawing up of any document to support a request for consent.

(5) Where any consent is notified in accordance with the provisions of an order under section 6A or 6B of this Act--

(a) judicial notice shall be taken of that consent; and

(b) a certificate of the Secretary of State to the effect that that consent was given in accordance with those provisions shall be evidence without further proof (or in Scotland sufficient evidence). " .

73 Power of Secretary of State to make grants in relation to combating drug misuse

(1) The Secretary of State may, with the consent of the Treasury, pay such grants, to such persons, as he considers appropriate in connection with measures intended--

(a) to combat or deal with drug trafficking or the misuse of drugs; or

(b) to deal with consequences of the misuse of drugs.

(2) Any such grant may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.

(3) Payments under this section shall be made out of money provided by Parliament.

74 Persons not eligible for early release

(1) Part II of Schedule 1 to the [1982 c. 48.] Criminal Justice Act 1982 (persons convicted of offences under certain enactments not eligible for early release) shall be amended as follows.

(2) In the entry relating to the [1986 c. 32.] Drug Trafficking Offences Act 1986, the following paragraph shall be inserted before paragraph 26--

" 25A Section 23A (acquisition, possession or use of proceeds of drug trafficking). " .

(3) In the entry relating to the [1988 c. 33.] Criminal Justice Act 1988, the following paragraphs shall be inserted before paragraph 30--

" 29A Section 93A (assisting another to retain the benefit of criminal conduct).

29B Section 93B (acquisition, possession or use of proceeds of criminal conduct).

29C Section 93C (concealing or transferring proceeds of criminal conduct). " .

75 Compassionate release of certain children and other persons in Scotland

(1) In section 7(5) of the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993 (which applies provisions of that Act to certain children), for "Sections", where it first occurs, substitute "Without prejudice to section 6(1)(b)(ii) of this Act, sections 3,".

(2) In paragraph 2(2) of Schedule 6 to that Act (which makes transitional provision as respects release on licence on compassionate grounds) after "Act" insert ", and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph,".

76 Life prisoners transferred to Scotland

(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

(2) In section 10 (life prisoners transferred to Scotland)--

(a) in subsection (1), the words "(whether before or after the commencement of this section)" shall cease to have effect;

(b) in subsection (2), after "life prisoner" insert ", except such case as is mentioned in paragraph 7 of Schedule 6 to this Act,"; and

(i) in paragraph (a), after "has" insert "(whether before or after the commencement of this section)"; and

(ii) in paragraph (b), after "Scotland" insert "(whether before or after that commencement)".

(3) In Schedule 6 (transitional provisions and savings)--

(a) in paragraph 1, in the definition of "existing life prisoner", after "person" insert "(other than a transferred life prisoner)";

(b) in paragraph 2(1), for "paragraph 7 below" substitute "to section 10(4) of this Act"; and

" 7 In the case of a transferred life prisoner who is a discretionary life prisoner for the purposes of Part II of the [1991 c. 53.] Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9 of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9. " .

77 Power to extend certain offences to Crown servants and to exempt regulators etc

Schedule 4, which confers power on the Secretary of State to make regulations extending certain provisions to Crown servants and to make regulations exempting persons from certain offences, shall have effect.

PART VII SUPPLEMENTARY

78 Commencement etc

(1) Sections 70 and 71 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(2) Sections 68, 69, 75, 76 and 79(1) to (12), paragraph 2 of Schedule 5 and, in so far as relating to the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 and the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993, Schedule 6, shall come into force on the passing of this Act.

(3) The other provisions of this Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument.

(4) Different days may be appointed under subsection (3) for different provisions and different purposes.

(5) Nothing in any provision in Part I applies to any act, omission or other event occurring before the coming into force of that provision.

(6) Where a person is charged with a relevant offence which was committed before the coming into force of a provision of Part II, Part III, or (as the case may be) Part IV, that provision shall not affect the question whether or not that person is guilty of the offence or the powers of the court in the event of his being convicted of that offence.

(7) Section 4A(3) and (4) of the [1986 c. 32.] Drug Trafficking Offences Act 1986 (inserted by section 14) shall not apply to any proceedings--

(a) for an offence committed before the commencement of section 14; or

(b) for one or more offences, any one of which was so committed.

(8) Section 52B(3) and (4) of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (inserted by section 42) shall not apply to any proceedings--

(a) for an offence committed before the commencement of section 42; or

(b) for one or more offences, any one of which was so committed.

(9) In subsection (6) "relevant offence" means an offence in relation to which provision is made by Part II, Part III or Part IV, other than an offence created by that Part.

(10) An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers appropriate.

(11) For the purposes of section 27 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 15 of Schedule 5 to, this Act shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

(12) For the purposes of section 69 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 17(1), (2), (5), (6) and (7) of Schedule 5 to, this Act (other than sections 43 and 45) shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under section 69(3) of the Act of 1991 which has effect at that time.

79 Short title, extent etc

(1) This Act may be cited as the Criminal Justice Act 1993.

(2) The following provisions of this Act extend to the United Kingdom--

Part V;

sections 21(1) and (3)(h), 23, 24, 45 to 51, 70 to 72, 77, 78 and this section;

Schedules 1 and 2; and

paragraphs 4, 5 and 6 of Schedule 4.

(3) The following provisions of this Act extend only to Great Britain--

sections 13(9) to (11), 21(3)(e), 24(2), (3) and (7) to (10), 29 to 32, 34(1), 35, 67(1) and 73; and

paragraph 3 of Schedule 4.

(4) The following provisions of this Act extend only to Scotland--

sections 17, 19, 20(2), 21(3)(c) and (d), 22(2), 24(12) to (15), 26(2), 33, 68, 69, 75 and 76; and

paragraph 2 of Schedule 4.

(5) Sections 21(3)(f) and 34(2) extend to Scotland and Northern Ireland only.

(6) Sections 36 to 44 extend only to Northern Ireland.

(7) Section 72 also extends to the Channel Islands and the Isle of Man.

(8) The provisions of Schedules 5 and 6 have the same extent as the provisions on which they operate.

(9) Otherwise, this Act extends to England and Wales only.

(10) Her Majesty may by Order in Council direct that such provisions of this Act as may be specified in the Order shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any colony.

(11) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, the regulation of insider dealing shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

(12) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of sections 16, 18 and 29 to 32--

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(13) Schedule 5 (consequential amendments) shall have effect.

(14) The repeals and revocations set out in Schedule 6 (which include the repeal of two enactments which are spent) shall have effect.

SCHEDULES

Section 53(4).

SCHEDULE 1 Special defences

Market makers

1 (1) An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in good faith in the course of--

(a) his business as a market maker, or

(b) his employment in the business of a market maker.

(2) A market maker is a person who--

(a) holds himself out at all normal times in compliance with the rules of a regulated market or an approved organisation as willing to acquire or dispose of securities; and

(b) is recognised as doing so under those rules.

(3) In this paragraph "approved organisation" means an international securities self-regulating organisation approved under paragraph 25B of Schedule 1 to the [1986 c. 60.] Financial Services Act 1986.

Market information

2 (1) An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that--

(a) the information which he had as an insider was market information; and

(b) it was reasonable for an individual in his position to have acted as he did despite having that information as an insider at the time.

(2) In determining whether it is reasonable for an individual to do any act despite having market information at the time, there shall, in particular, be taken into account--

(a) the content of the information;

(b) the circumstances in which he first had the information and in what capacity; and

3 An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows--

(a) that he acted--

(i) in connection with an acquisition or disposal which was under consideration or the subject of negotiation, or in the course of a series of such acquisitions or disposals; and

(ii) with a view to facilitating the accomplishment of the acquisition or disposal or the series of acquisitions or disposals; and

(b) that the information which he had as an insider was market information arising directly out of his involvement in the acquisition or disposal or series of acquisitions or disposals.

4 For the purposes of paragraphs 2 and 3 market information is information consisting of one or more of the following facts--

(a) that securities of a particular kind have been or are to be acquired or disposed of, or that their acquisition or disposal is under consideration or the subject of negotiation;

(b) that securities of a particular kind have not been or are not to be acquired or disposed of;

(c) the number of securities acquired or disposed of or to be acquired or disposed of or whose acquisition or disposal is under consideration or the subject of negotiation;

(d) the price (or range of prices) at which securities have been or are to be acquired or disposed of or the price (or range of prices) at which securities whose acquisition or disposal is under consideration or the subject of negotiation may be acquired or disposed of;

(e) the identity of the persons involved or likely to be involved in any capacity in an acquisition or disposal.

Price stabilisation

5 (1) An individual is not guilty of insider dealing by virtue of dealing in securities or encouraging another person to deal if he shows that he acted in conformity with the price stabilisation rules.

(2) In this paragraph "the price stabilisation rules" means rules which--

(a) are made under section 48 of the [1986 c. 60.] Financial Services Act 1986 (conduct of business rules); and

(b) make provision of a description mentioned in paragraph (i) of subsection (2) of that section (price stabilisation rules).

Section 54.

SCHEDULE 2 Securities

1 Shares and stock in the share capital of a company ("shares").

Debt securities

2 Any instrument creating or acknowledging indebtedness which is issued by a company or public sector body, including, in particular, debentures, debenture stock, loan stock, bonds and certificates of deposit ("debt securities").

Warrants

3 Any right (whether conferred by warrant or otherwise) to subscribe for shares or debt securities ("warrants").

Depositary receipts

4 (1) The rights under any depositary receipt.

(2) For the purposes of sub-paragraph (1) a "depositary receipt" means a certificate or other record (whether or not in the form of a document)--

(a) which is issued by or on behalf of a person who holds any relevant securities of a particular issuer; and

(b) which acknowledges that another person is entitled to rights in relation to the relevant securities or relevant securities of the same kind.

(3) In sub-paragraph (2) "relevant securities" means shares, debt securities and warrants.

Options

5 Any option to acquire or dispose of any security falling within any other paragraph of this Schedule.

Futures

6 (1) Rights under a contract for the acquisition or disposal of relevant securities under which delivery is to be made at a future date and at a price agreed when the contract is made.

(2) In sub-paragraph (1)--

(a) the references to a future date and to a price agreed when the contract is made include references to a date and a price determined in accordance with terms of the contract; and

(b) "relevant securities" means any security falling within any other paragraph of this Schedule.

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