. ” means any sound record designed for playing with a moving picture film, whether incorporated with the film or not. . 8 para. (c)a party to the agreement, or a party’s agent, did or omitted anything in England and Wales in pursuance of the agreement. . . 1981/1115, (N.I. F3(3). . . . . . . . . . . . . . (b)for the words from “be kept” to “years” there shall be substituted the words “imprisonment for life”. . . (1)Subject to subsection (6) below, a person against whom there has been issued in England and Wales a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Northern Ireland by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve in like manner as if the warrant were a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction in Northern Ireland; and article 158(4) and (5) of the Magistrates’ Courts (Northern Ireland) Order 1981 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such warrant which has been issued in England and Wales as they apply in relation to the execution of a warrant for arrest. F210Sch. 1, 2(3)(4) of the entries relating to Criminal Justice Act 1961 (c.39) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. . . 6(3) omitted (3.2.1995) by 1994 c. 33, s. 72(4) and repealed (prosp.) (1)A person who is on any premises as a trespasser, after having entered as such, is guilty of an offence if, without lawful authority or reasonable excuse, he has with him on the premises any weapon of offence. . . . controlled drugs). section F109. . 1–5, 14–49, 57, 58, 60–65, Schs. 2004/401, art. . 25, F152Entry relating to 130(3) of the Mental Health Act 1959 repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. F106 60 of the Criminal Justice Act 1967 and (in its application to persons for the time being in Scotland) section 63 of that Act, . . 2(2), C9S. For the purposes of any enactment conferring rights of appeal in criminal cases, the restoration by a court under section 47(3) above of a part of a sentence held in suspense shall be treated as a sentence passed on the offender by that court for the original offence, that is to say the offence for which the original sentence was passed with an order under section 47(1) above. . 3: para. . . summarily (by virtue of section 16(2) of the Criminal Law Act 1977). In section 15(6)(d) (power to restrict punishments which can be imposed in respect of certain offences) after “punishments” insert “(other than the maximum fine on conviction on indictment)”. . . “(b)to substitute for imprisonment a fine which in the case of an offence triable either summarily or on indictment shall not exceed the prescribed sum (within the meaning of section 289B above), and in the case of an offence triable only summarily shall not exceed £200 (in either case, with or without caution for good behaviour, not exceeding the amount and the period competent under this Part of this Act):]”. For further information see the Editorial Practice Guide and Glossary under Help. . . (2). . F99, F98S. . “3(1)Where in England or Wales a person who has attained the age of seventeen is charged before a magistrates’ court with an offence triable either way listed in Schedule 3 to the Criminal Law Act 1977 (“the listed offence”) and is also charged before that court with an offence under section 17(1) or (2) of this Act, the following provisions of this paragraph shall apply. C12S. 3, 1E+W. . . . 12A(7)(ba)(bb) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. . 1E+WIn section 2(2), in the definition of “court”, for “a justice of the peace or a coroner” substitute “or a justice of the peace”. Paragraphs 1 and 3 above, and any related repeal provided for in Schedule 13 to this Act, shall not apply in relation to supervision orders made before the coming into force of those paragraphs. Where a person convicted on indictment of any offence (whether triable only on indictment or either way) would, apart from this subsection, be liable to a fine not exceeding a specified amount, he shall by virtue of this subsection be liable to a fine of any amount. (4)Subsection (1) above shall not affect—. F6Words in s. 1A title substituted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 45(1)(b), 383(2); S.I. . 4); S.I. A person who (by virtue of section 15 above) is summarily convicted of an offence under section 2 (assaults by persons committing offences under the Act) or section 9 (entering land, with others, armed and for the purpose of taking or destroying game or rabbits) of the. of that subsection, a person convicted of a summary offence would, apart from this section, be 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, subsection (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions. . 6E+W+S. . . F173Sch. . 1998/2244, art.5. 7 Pt. Criminal Justice Act 1988 (c. 33, SIF 39:1), Criminal Justice Act 1991 (c. 53, SIF 39:1), Criminal Attempts Act 1981 (c. 47, SIF 39:1), Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), Criminal Justice Act 1987 (c. 38, SIF 39:1), Criminal Justice Act 1982 (c. 48, SIF 39:1), Serious Organised Crime and Police Act 2005 (c. 15), Diplomatic and Consular Premises Act 1987 (c. 46, SIF 68:1), Police and Criminal Evidence Act 1984 (c. 60), Police and Criminal Evidence Act 1984 (c. 60, SIF 95), The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 9 para. The requirements referred to in subsection (2)(d)(iii) above are—, that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for oaths; and. . . F2077E+W. (7)Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises. Any reference in the preceding provisions of this section to any premises includes a reference to any access to them, whether or not any such access itself constitutes premises, within the meaning of this Part of this Act. (b)whether the entry which the violence is intended to secure is for the purpose of acquiring possession of the premises in question or for any other purpose. (6)The preceding provisions of this paragraph shall not apply in relation to a licence granted before the coming into force of this paragraph. . 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Criminal procedure, penalties etc. 9, F105S. . 1991) (with saving E.W.) . 4 paras. 2(1)(2)(l)(iv). (1)The offence of forcible entry and any offence of forcible detainer at common law are hereby abolished for all purposes not relating to offences committed before the coming into force of this Part of this Act. . I, F128Schs. Any act done by means of a message (however communicated) is to be treated for the purposes of the fourth condition as done in England and Wales if the message is sent or received in England and Wales. . F92Words in s. 48(1) substituted (1.9.2004) by Courts Act 2003 (c. 39), s. 110(1), Sch. Offences under section 3 (allowing persons under 16 to be in brothels). . . F53Ss. . . 12 Pt. . 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Power to alter sums specified in certain provisions. 2(1)Section 26 (transfer of prisoner to serve sentence) shall be amended as follows.U.K. . . . . . 6, 7(2), Sch.5. (12)In any proceedings in respect of an offence triable by virtue of this section, it is immaterial to guilt whether or not the accused was a British citizen at the time of any act or other event proof of which is required for conviction of the offence. 3) (with transitional provisions and savings in S.I. . . . . . 2009/1059); S.I. University of Namibia. . . This section applies to any premises which are or form part of—, the premises of a diplomatic mission within the meaning of the definition in Article 1(. F4Words in s. 1(4) repealed (4.9.1998) by 1998 c. 40, s. 9(1)(2), Sch. . . of this subsection “voluntary organisation” means a body, other than a public or local authority, the activities of which are not carried on for profit. . 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. . . Offences under section 19(7) (fishing for rainbow trout during the annual close season for rainbow trout and fishing for eels by means of a rod and line during that season). . . 6, 7(2), Sch.5. 2005/3495, art. . for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the accused or a person representing him is furnished with, or can obtain, advance information concerning all, or any prescribed class of, the facts and matters of which the prosecutor proposes to adduce evidence; and, for requiring a magistrates’ court, if satisfied that any requirement imposed by virtue of paragraph (, may require the prosecutor to do as provided in the rules either—. . In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person requiring him to leave the premises was not a displaced residential occupier or protected intending occupier of the premises or a person acting on behalf of a displaced residential occupier or protected intending occupier. 2005/3495, art. . ” means an enactment passed before 1st January 1949 or an enactment passed on or after that date which (whether directly or, through successive re-enactments, indirectly) re-enacts with or without modification an enactment passed before that date. 8 para. (a)after “subsection (1)”, wherever occurring, insert “or (1A)”; (b)after “Minister” insert “(in the case of a person so transferred to any part of the United Kingdom) or the Secretary of State (in the case of a person so transferred to any of the Channel Islands or the Isle of Man)”; and. F47. . . . . . 14(a) (with art. . . 16, 18–27, 28(1)–(7), 29, 30(4) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. (a)for “it may” substitute “that court or, where that court has committed a person on bail to the Crown Court for trial or to be sentenced or otherwise dealt with, that court or the Crown Court may”; 3(1)Section 5 (supplementary provisions about bail) shall be amended as follows.E+W. 5(10)(11), 15(2), 17, 30(1)(2), 31(10), 32(3), 46, 49, 52, 57, 63(1), 65(4)(5), Sch. . 2009/812, art. he is guilty of conspiracy to commit the offence or offences in question. . . . In section 414(1) after the word “convicted” there shall be inserted the words “summarily by a sheriff or stipendiary magistrate]”. . (8C)An application under subsection (8B) above may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the court is satisfied that the prosecution was given reasonable notice of the applicant’s intention to make it.”, “(9A)Where an order is made under subsection 8(B) above after the order for forfeiture of the security in question has taken effect, any money which would have fallen to be repaid or paid by over to the person who gave the security if the order under subsection (8B) has been made before the order for forfeiture took effect shall be repaid or paid over to him.”. Group 39:2 ( Criminal Law: Public Safety and Order), ss. . 22); S.I. Use this menu to access essential accompanying documents and information for this legislation item. 2019/2020 2003/3258, art. 3(a)(b) (with transitional provisions in S.I. . 4, F108Words in s. 63(2) repealed (E.W.) after “country”, wherever occurring, insert “or island”. . ], [F45(7A)Subsection (6) also applies to the Secretary of State if the tenancy or licence is granted by him under Part III of the M9Housing Associations Act 1985.]. . . . F16Words in s. 6(2) inserted (3.2.1995) by 1994 c. 33, s. 72(3); S.I. 300(1), 302, Sch.1 (with Sch. . . (3)Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the whole period of a sentence passed in England and Wales with an order under section 47(1) above, the court shall give written notice of the conviction to the appropriate officer of the court by which the original sentence was passed. . . Criminal Procedure Matters Amendment Act 109 of 1984. . . “sum adjudged to be paid by a conviction” has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, Article 2(5) of the Magistrates’ Courts (Northern Ireland) Order 1981. . 2(1)In relation to a sentence of imprisonment part of which is held in suspense, the courts competent under section 47(3) above are—E+W. F193, F193Entries relating to ss. 10 repealed by Coroners Act 1988 (c. 13), s. 326(2), Sch. . 14 para. 79(b), F90S. . 8 para. 1, sch. . 1 paras. 59–61 repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. . (3)Subject to subsection (4) below, any person who was occupying any premises as a residence immediately before being excluded from occupation by anyone who entered those premises, or any access to those premises, as a trespasser is a displaced residential occupier of the premises for the purposes of this Part of this Act so long as he continues to be excluded from occupation of the premises by the original trespasser or by any subsequent trespasser. (6)Where, by virtue of any enactment to which subsection (4) above applies by virtue of paragraph (a) of that subsection, a person convicted of a summary offence would, apart from this section, be 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, subsection (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions. 17 (with ss. . F22(6). . . 9 para. . 16, F182Entry relating to Representation of the People Act 1949 repealed by Representation of the People Act 1983 (c. 2, SIF 42), Sch. . . . . . 2(a)(i). (5)Subsections (1) and (4) above are without prejudice to any other enactment by virtue of which any offence is triable only summarily. 9, C13S. . 2005/2897, art. Where an offender is convicted by a court in Scotland of an offence punishable with imprisonment and the court is informed that the offence was committed during the whole period of a sentence passed in England and Wales with an order under section 47(1) above, the court shall give written notice of the conviction to the appropriate officer of the court by which the original sentence was passed. F2054E+W. . II. . . However it generally only applies to England and Wales. . . . (d)any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) [F80, (c) or (ca)] above, may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland. 1995/127, art. . . . 11 para. . Where each of the following conditions is satisfied in the case of an agreement, this Part of this Act has effect in relation to the agreement as it has effect in relation to an agreement falling within section 1(1) above. . . Subject to subsection (6) below, no proceedings for an offence triable by virtue of section 1A above may be instituted except by or with the consent of the Attorney General. F74Words in s. 38A(6) substituted (3.5.1995) by 1994 c. 33, s. 168(1), Sch. . . Offences under section 17(3) (failure to comply with notice requiring information relating to prescribing supplying etc. X3(1)The enactments specified in column 2 of Schedule 1 to this Act, which relate to the mode of trial of, and the maximum penalties for, the offences mentioned (and broadley described) in column 1 of that Schedule (being the offences which by section 15(1)(a) above made triable only summarily instead of either way) shall have effect subject to the amendments specified in column 3 of that Schedule. 13, F59Word “and” and s. 31(4)(c) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. The text of ss. Offences under section 55(2) (obstruction). . Increase of fines for certain summary offences. . 4 of the entry relating to the Powers of Criminal Courts Act 1973 repealed (25.8.2000) by 2000 c. 6, ss. . . . F61. (b)the person using or threatening the violence knows that that is the case. 2004/401, art. . 7 para. A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence if he is an intended victim of that offence. 5) Order 1978, The Criminal Law Act 1977 (Commencement No. . (a)section 203 of the Local Government (Scoland) Act 1973 (offences against byelaws) but (the provisions of section 462(11) of this Act notwithstanding) not that section as applied to byelaws made under any provision contained in a local or private Act other than by a local authority; and. . 2(4)(5), Sch. . 16, F1767E+W+SFor section 394(b) there shall be substituted the following paragraph—. (c)section 31 and Schedule 6, so far as they amend any enactment which extends to the Channel Islands or the Isle of Man, extend to the Channel Islands or the Isle of Man, as the case may be; (d)subsections (4) and (5) above and Schedules 12 and 13, so far as they relate to—. . . . . . . 11 para. For the purposes of this and the next following paragraph, a sentence of imprisonment passed on an offender with an order under section 47(1) above shall be treated as having been passed (with such an order) by the court which originally sentenced him. (a)byelaws under section 75 of the M19Public Health Act 1961 (byelaws as to pleasure fairs and roller skating rinks); (b)byelaws under section 76 of that Act (byelaws as to seaside pleasure boats); . The text of Sch. 26 paras. . 10E+WIn section 67 of the M39Criminal Justice Act 1967 (computation of sentence where offender has been previously in custody), in subsection (1), after “arose, but” there shall be inserted “(a)”, . . (4)In subsection (2) (treatment of transferred prisoner while he remains in the part of the United Kingdom to which he has been transferred under subsection (1)), omit “subsection (1) of” and after “United Kingdom” insert “or island”. . 1 of the entries relating to the Adoption Act 1976 repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. . . . Offences under section 5 (employer failing to insure employee). . 4. . This section amended the Powers of Criminal Courts Act 1973. . . . . . . 1, F140In Sch. It was repealed by the Statute Law (Repeals) Act 1993 because it was spent by virtue of section 15 of the Interpretation Act 1978. he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) or (4)(a) above) or a licence to occupy those premises granted by an authority to which this subsection applies; he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser; and, there has been issued to him by or on behalf of the authority referred to in paragraph (a) above a certificate stating that—, he has been granted a tenancy of those premises or a licence to occupy those premises as a residence by the authority; and. Subsections (1) and (4) above are without prejudice to any other enactment by virtue of which any offence is triable only summarily. . . . 2, 6-8); S.I. . (4)Unless he is acting in consequence of a notice under sub-paragraph (3) above, a justice of the peace shall not issue a summons under this paragraph except on information and shall not issue a warrant under this paragraph except on information in writing and on oath. F208Sch. . The Criminal Law Act 1977 (c.45) is an Act of Parliament of the United Kingdom. 58(1)(4)(6) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. Offences under section 1(1) (prohibition of certain public contests, performances and exhibitions with horses or bulls). . by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(4), (with ss. 39(3)(b) added by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. . Contents Evidence Act 1977 Page 4 Authorised by the Parliamentary Counsel Division 4B Dealings with, and destruction of, recordings Subdivision 1 Preliminary 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. In subsection (1) (power of responsible Minister to direct removal from one place to another within the United Kingdom), after “other part of the United Kingdom” insert “or in any of the Channel Islands or the Isle of Man”. . 1E+WA prosecution for an offence to which paragraph 14 or 15 (incest and attempts thereat) of Part II of Schedule 2 (table of offences with mode of prosecution) relates shall not be commenced except by or with the consent of the Director of Public Prosecutions; and accordingly in sub-paragraph (a) and (b) of each of those paragraphs, in the second column, for the words from “without” to “behalf” substitute “except by or with the consent”. where the sentence was passed by a magistrates’ court, any magistrates’ court before which the offender appears or is brought. two or more offences of which at least one is subject to such a prohibition. . . . 8E+WWhere an offender is sentenced to imprisonment with an order under section 47 above and, having served part of the sentence in prison, is discharged under section 25(1) of the M37Prison Act 1952 (remission for industry and good conduct), the remainder of the sentence being held in suspense, the sentence is not to be regarded as expiring under that section. (6)An individual is also a protected intending occupier of any premises if—. . 9, Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. . if at that time the court has begun so to inquire into the listed offence, those sections shall continue not to apply and the court shall proceed with its inquiry into that offence as examining justices, but shall have power in accordance with section 25(3) and (4) of the said Act of 1977 to change to summary trial with the accused’s consent. In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)—, after “to another part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”; and. . . 1(1) substituted (with saving) by Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 5(1), F2S. Section 78(2) (as substituted by the Clean Air Enactments (Repeals and Modifications) Regulations 1974). . . . . . . 9 para. . . 4. F14(11). F174Sch. Offences under section 78(1) (burning insulation from a cable). . . the authority which granted that tenancy or licence to occupy is one to which this subsection applies, being of a description specified in the certificate. . It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb. F118Sch. . 2013/1103, art. . X13The text of ss. Every enactment to which subsection (4) above applies shall have effect as if for the specified amount less than £50 there mentioned there were substituted:—, Where, by virtue of any enactment to which subsection (4) above applies by virtue of paragraph (. ) to leave licensed premises on request). F159Entries relating to Nursing Homes Act 1975 repealed (E.W.) . . 6,7,8,9 and 11 repealed (5.2.1994) by 1993 c. 47, ss. . Inciting girl under sixteen to have incestuous sexual intercourse. (10)In the Crown Court the question whether the second condition is satisfied shall be decided by the judge alone, and shall be treated as a question of law for the purposes of—, (a)section 9(3) of the M1Criminal Justice Act 1987 (preparatory hearing in fraud cases), and. 147, Sch false Fire alarm ) 1964 criminal law act 1977 ( 1.5.2004 ) by inserted after section 193 a new as! 4810 ) ( with transitional provisions in S.I be prescribed by rules of court, Sch 1967 ) of performance. He requires the premises does not … Criminal Procedure Act 51 of 1977 ( No... ( burning insulation from a trespasser Drugs ) ; or people Act 1983 ( c. 43 SIF! Screen at once geographical area that this provision applies to an agreement entered into 4. The first date in the Report … Criminal Law Act 1977 ( Commencement No )... Of such an offence intending occupier of any premises by virtue of Criminal Act! Or destroying game or rabbits by night or entering land for that offence any! 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