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Criminal Justice Act 1988

1988 CHAPTER 33

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Extradition

    1. Preliminary

      1. 1. Scope of Part I.

      2. 2. Orders in Council as to arrangements for extradition.

      3. 3. General restrictions on return.

    2. Procedure

      1. 4. Extradition request and authority to proceed.

      2. 5. Arrest for purposes of committal.

      3. 6. Proceedings for committal.

      4. 7. Statement of case by court.

      5. 8. Application for habeas corpus etc.

      6. 9. Order for return to requesting state.

      7. 10. Simplified procedure.

      8. 11. Special extradition arrangements.

      9. 12. Discharge in case of delay.

      10. 13. Authentication of foreign documents.

      11. 14. Custody.

      12. 15. Form of warrants and orders.

    3. Treatment of persons returned from foreign states

      1. 16. Restrictions upon proceedings for other offences.

      2. 17. Restoration of persons not tried or acquitted.

    4. Repatriation cases

      1. 18. Persons serving sentences outside country of conviction.

    5. Channel Islands, Isle of Man and colonies

      1. 19. Application to Channel Islands and Isle of Man.

      2. 20. Application of general extradition arrangements to colonies.

      3. 21. Special extradition arrangements—colonies.

    6. Suppression of terrorism

      1. 22. Suppression of terrorism.

  2. Part II

    Documentary Evidence in Criminal Proceedings

    1. 23. First-hand hearsay.

    2. 24. Business etc. documents.

    3. 25. Principles to be followed by court.

    4. 26. Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations.

    5. 27. Proof of statements contained in documents.

    6. 28. Documentary evidence—supplementary.

  3. Part III

    Other Provisions about Evidence in Criminal Proceedings

    1. 29. Issue of letters of request.

    2. 30. Expert reports.

    3. 31. Form of evidence and glossaries.

    4. 32. Evidence through television links.

    5. 33. Evidence of persons under 14 in committal proceedings.

    6. 34. Abolition of requirement of corroboration for unsworn evidence of children.

  4. Part IV

    Reviews of Sentencing

    1. 35. Scope of Part IV.

    2. 36. Reviews of sentencing.

  5. Part V

    Jurisdiction, Imprisonment, Fines Etc.

    1. Jurisdiction

      1. 37. Certain either way offences relating to motor vehicles to be summary offences.

      2. 38. Criminal damage etc. as summary offences.

      3. 39. Common assault and battery to be summary offences.

      4. 40. Power to join in indictment count for common assault etc.

      5. 41. Power of Crown Court to deal with summary offence where person committed for either way offence.

      6. 42. Amendments relating to committal for sentence.

    2. Power of Court of Appeal to order retrial

      1. 43. Power of Court of Appeal to order retrial.

    3. Imprisonment

      1. 44. Firearms offences.

      2. 45. Increase in maximum term of imprisonment for cruelty to children and young persons.

      3. 46. Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.

      4. 47. Corruption.

      5. 48. Increase in penalty for insider dealing.

      6. 49. Repeal of s.134 of Magistrates' Courts Act 1980.

      7. 50. Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.

    4. Maximum fines under subordinate legislation

      1. 51. Statutory maximum as penalty on summary conviction for offences triable either way under subordinate legislation.

      2. 52. Penalties on conviction for summary offences under subordinate legislation—conversion of references to amounts to references to levels on scale.

      3. 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.

      4. 54. Fines on summary conviction for offences under subordinate instruments—conversion to references to levels on scale—Scotland.

      5. 55. Fines under secondary subordinate instruments—England and Wales.

      6. 56. Fines under secondary subordinate instruments—Scotland.

      7. 57. Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.

      8. 58. Byelaws relating to the burning of crop residues.

    5. Exceptionally high maximum fines

      1. 59. Power to alter exceptionally high maximum fines.

    6. Default in payment of fines etc.

      1. 60. Periods of imprisonment for default.

      2. 61. Default—procedure.

      3. 62. Fines on companies.

    7. Fines and other pecuniary penalties—miscellaneous

      1. 63. Fixed penalty notices.

      2. 64. Increase of maximum fine under s.32 of the Game Act 1831.

      3. 65. Powers of civilian fine enforcement officers.

      4. 66. Fisheries offences on River Tweed.

      5. 67. Fines imposed and recognizances forfeited by coroners.

      6. 68. Causing death by reckless driving—increased minimum disqualification period.

    8. Forfeiture

      1. 69. Forfeiture—general.

      2. 70. Forfeiture for drug offences.

  6. Part VI

    Confiscation of the Proceeds of an Offence

    1. 71. Confiscation orders.

    2. 72. Making of confiscation orders.

    3. 73. Statements, etc. relevant to making confiscation orders.

    4. 74. Definition of principal terms used.

    5. Enforcement, etc. of confiscation orders

      1. 75. Application of procedure for enforcing fines.

      2. 76. Cases in which restraint orders and charging orders may be made.

      3. 77. Restraint orders.

      4. 78. Charging orders in respect of land, securities, etc.

      5. 79. Charging orders: supplementary provisions.

      6. 80. Realisation of property.

      7. 81. Application of proceeds of realisation and other sums.

      8. 82. Exercise of powers by High Court or receiver.

      9. 83. Variation of confiscation orders.

      10. 84. Bankruptcy of defendant etc.

      11. 85. Sequestration in Scotland of defendant etc.

      12. 86. Winding up of company holding realisable property.

      13. 87. Insolvency officers dealing with property subject to restraint order.

      14. 88. Receivers: supplementary provisions.

      15. 89. Compensation.

    6. Enforcement in Scotland

      1. 90. Recognition and enforcement of orders in Scotland.

      2. 91. Supplementary.

      3. 92. Inhibition and arrestment of property in Scotland.

      4. 93. Proof in Scotland of High Court orders.

    7. Enforcement of external orders

      1. 94. Enforcement of Northern Ireland orders.

      2. 95. Enforcement of Northern Ireland order in Scotland.

      3. 96. Enforcement of other external orders.

      4. 97. Registration of external confiscation orders.

    8. Miscellaneous and supplemental

      1. 98. Disclosure of information subject to contractual restriction upon disclosure.

      2. 99. Authorisation of delay in notifying arrest etc.

      3. 100. Power to inspect Land Register, etc.

      4. 101. Abolition of power to make criminal bankruptcy order.

      5. 102. Part VI—Interpretation.

      6. 103. Amendments of Drug Trafficking Offences Act 1986 and Criminal Justice (Scotland) Act 1987.

  7. Part VII

    Compensation by Court and Criminal Injuries Compensation Board

    1. Powers of court

      1. 104. Compensation orders.

      2. 105. Enforcement of compensation orders.

      3. 106. Discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation.

    2. Compensation for victim out of forfeited property

      1. 107. Power to make order applying proceeds of sale of property forfeited by offender for benefit of victim.

    3. The Criminal Injuries Compensation Scheme

      1. 108. The Criminal Injuries Compensation Board and the administration of the scheme.

      2. 109. Criminal injuries.

      3. 110. Qualifying injuries.

      4. 111. Awards of compensation.

      5. 112. Powers to withhold and reduce compensation.

      6. 113. Right of appeal.

      7. 114. Minimum awards.

      8. 115. Reimbursement and recovery.

      9. 116. Reimbursement and recovery in Scotland.

      10. 117. Inalienability of compensation awards.

  8. Part VIII

    Amendments of Law Relating to Juries

    1. 118. Abolition of peremptory challenge.

    2. 119. Persons aged between 65 and 70 to be eligible as jurors.

    3. 120. Discretionary deferral of jury service.

    4. 121. Continuation of trials for murder on death or discharge of juror.

    5. 122. Autrefois acquit and autrefois convict.

  9. Part IX

    Young Offenders

    1. 123. Custodial sentences for young offenders.

    2. 124. Detention of young offenders in Scotland.

    3. 125. Abolition of power of courts to commit juvenile to remand centre instead of local authority care.

    4. 126. Amendment of section 53(2) of Children and Young Persons Act 1933.

    5. 127. Payment of fine by parent or guardian.

    6. 128. Supervision.

    7. 129. Signature of orders relating to detention of young offenders.

    8. 130. Computation of sentence—time passed in care of local authority in accommodation provided for restricting liberty.

  10. Part X

    Probation and the Probation Service Etc.

    1. 131. Bail: hostel conditions.

    2. 132. Administration of the probation service etc.

  11. Part XI

    Miscellaneous

    1. Miscarriages of justice

      1. 133. Compensation for miscarriages of justice.

    2. Torture

      1. 134. Torture.

      2. 135. Requirement of Attorney General’s consent for prosecutions.

      3. 136. Extradition under 1870 Act.

      4. 137. Extradition under Part I.

      5. 138. Application to Channel Islands, Isle of Man and colonies.

    3. Articles with blades or points and offensive weapons

      1. 139. Offence of having article with blade or point in public place.

      2. 140. Extension of constable’s power to stop and search.

      3. 141. Offensive weapons.

      4. 142. Power of justice of the peace to authorise entry and search of premises for offensive weapons.

    4. Serious fraud

      1. 143. Assistance to Isle of Man and Channel Islands.

      2. 144. Transferred charges.

      3. 145. Power to petition for winding-up etc. on information obtained on investigation by Director of Serious Fraud Office.

    5. Evidence before Service courts

      1. 146. Evidence before courts-martial etc.

    6. Amendments of Police and Criminal Evidence Act 1984 etc.

      1. 147. Searches of detained persons.

      2. 148. Computer data about fingerprints.

      3. 149. Body samples—Northern Ireland.

    7. Provisions relating to Customs and Excise

      1. 150. Bail for persons in customs detention.

      2. 151. Customs and Excise power of arrest.

      3. 152. Remands of suspected drug offenders to customs detention.

    8. Bail and custody

      1. 153. Court to give reasons for granting bail to a person accused of serious offence.

      2. 154. Decisions where bail refused on previous hearing.

      3. 155. Remands in custody for more than eight days.

    9. Appeals

      1. 156. Appeals to Crown Court.

      2. 157. Groundless appeals and applications for leave to appeal.

    10. Reports of criminal proceedings

      1. 158. Anonymity in rape etc. cases.

      2. 159. Crown Court proceedings—orders restricting or preventing reports or restricting public access.

    11. Possession of indecent photograph of child

      1. 160. Summary offence of possession of indecent photograph of child.

      2. 161. Possession of indecent photographs of children: Scotland.

    12. Video recordings

      1. 162. Enforcement of Video Recordings Act 1984.

    13. Restitution orders

      1. 163. Application of restitution orders to the Crown.

    14. Magistrates' courts areas and officers

      1. 164. Alteration of names of petty sessions areas.

      2. 165. Officers of inner London magistrates' courts.

    15. Costs and expenses

      1. 166. Costs and expenses of prosecution witnesses and other persons.

    16. Acquisition of easements etc.

      1. 167. Acquisition of easements etc. under Prison Act 1952.

  12. Part XII

    General and Supplementary

    1. 168. Northern Ireland.

    2. 169. Financial provision.

    3. 170. Minor and consequential amendments and repeals.

    4. 171. Commencement.

    5. 172. Extent.

    6. 173. Citation.

    1. Schedule 1

      Amendments of Extradition Act 1870, Backing of Warrants (Republic of Ireland) Act 1965 and Fugitive Offenders Act 1967.

      1. Part I

        Extradition Act 1870.

      2. Part II

        Backing of Warrants (Republic of Ireland) Act 1965.

      3. Part III

        Fugitive Offenders Act 1967.

    2. Schedule 2

      Documentary evidence— supplementary.

    3. Schedule 3

      Reviews of sentencing— supplementary.

    4. Schedule 4

      Confiscation orders.

      1. Part I

        Offences in respect of which magistrates' courts may make confiscation orders.

      2. Part II

        Orders varying list of offences.

    5. Schedule 5

      Drug trafficking amendments.

      1. Part I

        Amendments of Drug Trafficking Offences Act 1986.

      2. Part II

        Amendments of Criminal Justice (Scotland) Act 1987.

    6. Schedule 6

      The Criminal Injuries Compensation Board.

    7. Schedule 7

      Compensation.

    8. Schedule 8

      Custodial sentences for young offenders.

      1. Part I

        Amendments.

      2. Part II

        Transitional provisions.

    9. Schedule 9

      Detention of young offenders in Scotland.

      1. Part I

        Amendments.

      2. Part II

        Transitional provisions.

    10. Schedule 10

      Supervision.

      1. Part I

        Sections substituted for section 12 of Children and Young Persons Act 1969.

      2. Part II

        Amendments consequential on substitution of sections set out in Part I for section 12.

      3. Part III

        Amendments of section 15.

      4. Part IV

        Section inserted after section 16.

    11. Schedule 11

      Administration of the probation service etc.

    12. Schedule 12

      Assessors of compensation for miscarriages of justice.

    13. Schedule 13

      Evidence before courts-martial etc.

    14. Schedule 14

      Body samples— Northern Ireland.

    15. Schedule 15

      Minor and consequential amendments.

    16. Schedule 16

      Repeals.

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:—

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