Royal Arms Criminal Justice Act 1988

1988 c. 33

 

© Crown Copyright 1988

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  Criminal Justice Act 1988
 

1988 c. 33

 


ARRANGEMENT OF SECTIONS

Part I
Extradition
Preliminary
1.  Scope of Part I.
2.  Orders in Council as to arrangements for extradition.
3.  General restrictions on return.
 
Procedure
4.  Extradition request and authority to proceed.
5.  Arrest for purposes of committal.
6.  Proceedings for committal.
7.  Statement of case by court.
8.  Application for habeas corpus etc.
9.  Order for return to requesting state.
10.  Simplified procedure.
11.  Special extradition arrangements.
12.  Discharge in case of delay.
13.  Authentication of foreign documents.
14.  Custody.
15.  Form of warrants and orders.
 
Treatment of persons returned from foreign states
16.  Restrictions upon proceedings for other offences.
17.  Restoration of persons not tried or acquitted.
 
Repatriation cases
18.  Persons serving sentences outside country of conviction.
 
Channel Islands, Isle of Man and colonies
19.  Application to Channel Islands and Isle of Man.
20.  Application of general extradition arrangements to colonies.
21.  Special extradition arrangements—colonies.
 
Suppression of terrorism
22.  Suppression of terrorism.
 
Part II
Documentary Evidence in Criminal Proceedings
23.  First-hand hearsay.
24.  Business etc. documents.
25.  Principles to be followed by court.
26.  Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations.
27.  Proof of statements contained in documents.
28.  Documentary evidence—supplementary.
 
Part III
Other Provisions about Evidence in Criminal Proceedings
29.  Issue of letters of request.
30.  Expert reports.
31.  Form of evidence and glossaries.
32.  Evidence through television links.
33.  Evidence of persons under 14 in committal proceedings.
34.  Abolition of requirement of corroboration for unsworn evidence of children.
 
Part IV
Reviews of Sentencing
35.  Scope of Part IV.
36.  Reviews of sentencing.
 
Part V
Jurisdiction, Imprisonment, Fines Etc.
Jurisdiction
37.  Certain either way offences relating to motor vehicles to be summary offences.
38.  Criminal damage etc. as summary offences.
39.  Common assault and battery to be summary offences.
40.  Power to join in indictment count for common assault etc.
41.  Power of Crown Court to deal with summary offence where person committed for either way offence.
42.  Amendments relating to committal for sentence.
 
Power of Court of Appeal to order retrial
43.  Power of Court of Appeal to order retrial.
 
Imprisonment
44.  Firearms offences.
45.  Increase in maximum term of imprisonment for cruelty to children and young persons.
46.  Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.
47.  Corruption.
48.  Increase in penalty for insider dealing.
49.  Repeal of s.134 of Magistrates' Courts Act 1980.
50.  Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.
 
Maximum fines under subordinate legislation
51.  Statutory maximum as penalty on summary conviction for offences triable either way under subordinate legislation.
52.  Penalties on conviction for summary offences under subordinate legislation—conversion of references to amounts to references to levels on scale.
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.
54.  Fines on summary conviction for offences under subordinate instruments—conversion to references to levels on scale—Scotland.
55.  Fines under secondary subordinate instruments—England and Wales.
56.  Fines under secondary subordinate instruments—Scotland.
57.  Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.
58.  Byelaws relating to the burning of crop residues.
 
Exceptionally high maximum fines
59.  Power to alter exceptionally high maximum fines.
 
Default in payment of fines etc.
60.  Periods of imprisonment for default.
61.  Default—procedure.
62.  Fines on companies.
 
Fines and other pecuniary penalties—miscellaneous
63.  Fixed penalty notices.
64.  Increase of maximum fine under s.32 of the Game Act 1831.
65.  Powers of civilian fine enforcement officers.
66.  Fisheries offences on River Tweed.
67.  Fines imposed and recognizances forfeited by coroners.
68.  Causing death by reckless driving—increased minimum disqualification period.
 
Forfeiture
69.  Forfeiture—general.
70.  Forfeiture for drug offences.
 
Part VI
Confiscation of the Proceeds of an Offence
71.  Confiscation orders.
72.  Making of confiscation orders.
73.  Statements, etc. relevant to making confiscation orders.
74.  Definition of principal terms used.
 
Enforcement, etc. of confiscation orders
75.  Application of procedure for enforcing fines.
76.  Cases in which restraint orders and charging orders may be made.
77.  Restraint orders.
78.  Charging orders in respect of land, securities, etc.
79.  Charging orders: supplementary provisions.
80.  Realisation of property.
81.  Application of proceeds of realisation and other sums.
82.  Exercise of powers by High Court or receiver.
83.  Variation of confiscation orders.
84.  Bankruptcy of defendant etc.
85.  Sequestration in Scotland of defendant etc.
86.  Winding up of company holding realisable property.
87.  Insolvency officers dealing with property subject to restraint order.
88.  Receivers: supplementary provisions.
89.  Compensation.
 
Enforcement in Scotland
90.  Recognition and enforcement of orders in Scotland.
91.  Supplementary.
92.  Inhibition and arrestment of property in Scotland.
93.  Proof in Scotland of High Court orders.
 
Enforcement of external orders
94.  Enforcement of Northern Ireland orders.
95.  Enforcement of Northern Ireland order in Scotland.
96.  Enforcement of other external orders.
97.  Registration of external confiscation orders.
 
Miscellaneous and supplemental
98.  Disclosure of information subject to contractual restriction upon disclosure.
99.  Authorisation of delay in notifying arrest etc.
100.  Power to inspect Land Register, etc.
101.  Abolition of power to make criminal bankruptcy order.
102.  Part VI—Interpretation.
103.  Amendments of Drug Trafficking Offences Act 1986 and Criminal Justice (Scotland) Act 1987.
 
Part VII
Compensation by Court and Criminal Injuries Compensation Board
Powers of court
104.  Compensation orders.
105.  Enforcement of compensation orders.
106.  Discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation.
 
Compensation for victim out of forfeited property
107.  Power to make order applying proceeds of sale of property forfeited by offender for benefit of victim.
 
The Criminal Injuries Compensation Scheme
108.  The Criminal Injuries Compensation Board and the administration of the scheme.
109.  Criminal injuries.
110.  Qualifying injuries.
111.  Awards of compensation.
112.  Powers to withhold and reduce compensation.
113.  Right of appeal.
114.  Minimum awards.
115.  Reimbursement and recovery.
116.  Reimbursement and recovery in Scotland.
117.  Inalienability of compensation awards.
 
Part VIII
Amendments of Law Relating to Juries
118.  Abolition of peremptory challenge.
119.  Persons aged between 65 and 70 to be eligible as jurors.
120.  Discretionary deferral of jury service.
121.  Continuation of trials for murder on death or discharge of juror.
122.  Autrefois acquit and autrefois convict.
 
Part IX
Young Offenders
123.  Custodial sentences for young offenders.
124.  Detention of young offenders in Scotland.
125.  Abolition of power of courts to commit juvenile to remand centre instead of local authority care.
126.  Amendment of section 53(2) of Children and Young Persons Act 1933.
127.  Payment of fine by parent or guardian.
128.  Supervision.
129.  Signature of orders relating to detention of young offenders.
130.  Computation of sentence—time passed in care of local authority in accommodation provided for restricting liberty.
 
Part X
Probation and the Probation Service Etc.
131.  Bail: hostel conditions.
132.  Administration of the probation service etc.
 
Part XI
Miscellaneous
Miscarriages of justice
133.  Compensation for miscarriages of justice.
 
Torture
134.  Torture.
135.  Requirement of Attorney General's consent for prosecutions.
136.  Extradition under 1870 Act.
137.  Extradition under Part I.
138.  Application to Channel Islands, Isle of Man and colonies.
 
Articles with blades or points and offensive weapons
139.  Offence of having article with blade or point in public place.
140.  Extension of constable's power to stop and search.
141.  Offensive weapons.
142.  Power of justice of the peace to authorise entry and search of premises for offensive weapons.
 
Serious fraud
143.  Assistance to Isle of Man and Channel Islands.
144.  Transferred charges.
145.  Power to petition for winding-up etc. on information obtained on investigation by Director of Serious Fraud Office.
 
Evidence before Service courts
146.  Evidence before courts-martial etc.
 
Amendments of Police and Criminal Evidence Act 1984 etc.
147.  Searches of detained persons.
148.  Computer data about fingerprints.
149.  Body samples—Northern Ireland.
 
Provisions relating to Customs and Excise
150.  Bail for persons in customs detention.
151.  Customs and Excise power of arrest.
152.  Remands of suspected drug offenders to customs detention.
 
Bail and custody
153.  Court to give reasons for granting bail to a person accused of serious offence.
154.  Decisions where bail refused on previous hearing.
155.  Remands in custody for more than eight days.
 
Appeals
156.  Appeals to Crown Court.
157.  Groundless appeals and applications for leave to appeal.
 
Reports of criminal proceedings
158.  Anonymity in rape etc. cases.
159.  Crown Court proceedings—orders restricting or preventing reports or restricting public access.
 
Possession of indecent photograph of child
160.  Summary offence of possession of indecent photograph of child.
161.  Possession of indecent photographs of children: Scotland.
 
Video recordings
162.  Enforcement of Video Recordings Act 1984.
 
Restitution orders
163.  Application of restitution orders to the Crown.
 
Magistrates' courts areas and officers
164.  Alteration of names of petty sessions areas.
165.  Officers of inner London magistrates' courts.
 
Costs and expenses
166.  Costs and expenses of prosecution witnesses and other persons.
 
Acquisition of easements etc.
167.  Acquisition of easements etc. under Prison Act 1952.
 
Part XII
General and Supplementary
168.  Northern Ireland.
169.  Financial provision.
170.  Minor and consequential amendments and repeals.
171.  Commencement.
172.  Extent.
173.  Citation.
 
  Schedule 1—   Amendments of Extradition Act 1870, Backing of Warrants (Republic of Ireland) Act 1965 and Fugitive Offenders Act 1967.
  Part I—   Extradition Act 1870.
  Part II—   Backing of Warrants (Republic of Ireland) Act 1965.
  Part III—   Fugitive Offenders Act 1967.
  Schedule 2—   Documentary evidence— supplementary.
  Schedule 3—   Reviews of sentencing— supplementary.
  Schedule 4—   Confiscation orders.
  Part I—   Offences in respect of which magistrates' courts may make confiscation orders.
  Part II—   Orders varying list of offences.
  Schedule 5—   Drug trafficking amendments.
  Part I—   Amendments of Drug Trafficking Offences Act 1986.
  Part II—   Amendments of Criminal Justice (Scotland) Act 1987.
  Schedule 6—   The Criminal Injuries Compensation Board.
  Schedule 7—   Compensation.
  Schedule 8—   Custodial sentences for young offenders.
  Part I—   Amendments.
  Part II—   Transitional provisions.
  Schedule 9—   Detention of young offenders in Scotland.
  Part I—   Amendments.
  Part II—   Transitional provisions.
  Schedule 10—   Supervision.
  Part I—   Sections substituted for section 12 of Children and Young Persons Act 1969.
  Part II—   Amendments consequential on substitution of sections set out in Part I for section 12.
  Part III—   Amendments of section 15.
  Part IV—   Section inserted after section 16.
  Schedule 11—   Administration of the probation service etc.
  Schedule 12—   Assessors of compensation for miscarriages of justice.
  Schedule 13—   Evidence before courts-martial etc.
  Schedule 14—   Body samples— Northern Ireland.
  Schedule 15—   Minor and consequential amendments.
  Schedule 16—   Repeals.




 
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© Crown copyright 1988 Prepared 20th September 2000