Legalize / United Kingdom / Public General Act

Criminal Justice Act 1988

Type Public General Act

Publication 1988-07-29

Last updated 2025-10-29

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part I — Extradition

Preliminary

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Orders in Council as to arrangements for extradition

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(1) Where general extradition arrangements have been made, Her Majesty may, by Order in Council reciting or embodying their terms, direct that extradition procedures shall be available as between the United Kingdom and the foreign state, or any foreign state, with whom they have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

(2) An Order in Council under this section shall not be made unless the general extradition arrangements to which it relates—

(a) provide for their determination after the expiration of a notice given by a party to them and not exceeding one year or for their denunciation by means of such a notice; and

(b) are in conformity with the provisions of this Part of this Act, and in particular with the restrictions on return contained in this Part of this Act.

(3) An Order in Council under this section shall be conclusive evidence that the arrangements therein referred to comply with this Part of this Act and that this Part of this Act applies in the case of the foreign state, or any foreign state, mentioned in the Order.

(4) An Order in Council under this section shall be laid before Parliament after being made.

(5) An Order in Council under this section which does not provide that a person may only be returned to the foreign state requesting his return if the court before which he is brought under section 6 below is satisfied that the evidence would be sufficient to warrant his trial if the extradition crime had taken place within the jurisdiction of the court shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) On the commencement of this Part of this Act the power conferred by section 2 of the Extradition Act 1870 to direct that that Act shall apply in the case of a foreign state shall cease to be exercisable, but nothing in this Part of this Act affects any Order in Council made under that section or the operation of any enactment in relation to a foreign state in whose case an Order in Council under that section is in force.

Marriage and other relationships

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(1) A person shall not be returned to a foreign state under this Part of this Act, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority—

(a) that the offence of which that person is accused or was convicted is an offence of a political character;

(b) that it is an offence under military law which is not also an offence under the general criminal law;

(c) that the request for his return (though purporting to be made on account of an extradition crime) is in fact made for the purpose of prosecuting or punishing him on account of his race, religion, nationality or political opinions; or

(d) that he might, if returned, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.

(2) A person who is alleged to be unlawfully at large after conviction of an extradition crime by a court in a foreign state shall not be returned to that state, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority—

(a) that the conviction was obtained in his absence; and

(b) that it would not be in the interests of justice to return him to the foreign state on the ground of that conviction.

(3) A person accused of an offence shall not be returned to a foreign state, or committed to or kept in custody for the purposes of such return, if it appears to an appropriate authority that if charged with that offence in the United Kingdom he would be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(4) A person shall not be returned to a foreign state, or committed to or kept in custody for the purposes of such return, unless provision is made by the law of that state, or by an arrangement made with that state, for securing that he will not, unless he has first had an opportunity to leave that state, be dealt with in that state for or in respect of any offence committed before his return to it other than—

(a) the offence in respect of which his return is ordered;

(b) an offence, other than an offence excluded by subsection (5) below, which is disclosed by the particulars furnished under section 4(2)(b) below; or

(c) subject to subsection (6) below, any other offence being an extradition crime in respect of which the Secretary of State may consent to his being dealt with.

(5) The offences excluded from paragraph (b) of subsection (4) above are offences in relation to which an order for the return of the person concerned could not lawfully be made in accordance with the provisions of this Part of this Act.

(6) The Secretary of State may not give consent under paragraph (c) of that subsection in respect of an offence in relation to which it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Part of this Act.

(7) In this Part of this Act “appropriate authority” means—

(a) the Secretary of State;

(b) the court of committal;

(c) the High Court or High Court of Justiciary on an application for habeas corpus or for review of the order of committal.

Procedure

Extradition request and authority to proceed

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(1) Subject to the provisions of this Part of this Act relating to provisional warrants, a person shall not be dealt with under this Part of this Act except in pursuance of an order of the Secretary of State (in this Part of this Act referred to as an “authority to proceed”) issued in pursuance of a request (in this Part of this Act referred to as an “extradition request”) for the surrender of a person under this Part of this Act made by some person recognised by the Secretary of State as a diplomatic representative of a foreign state.

(2) There shall be furnished with any such request—

(a) particulars of the person whose return is requested;

(b) particulars of the offence of which he is accused or was convicted (including information sufficient to justify the issue of a warrant for his arrest under this Part of this Act);

(d) in the case of a person unlawfully at large after conviction of an offence, a certificate of the conviction and sentence,

and copies of them shall be served on the person whose return is requested before he is brought before a court under section 6 below.

(3) Rules under section 144 of the Magistrates' Courts Act 1980 may make provision as to the procedure for service under subsection (2) above in England and Wales.

(4) The High Court of Justiciary may, by Act of Adjournal, make rules as to the procedure for service under subsection (2) above in Scotland.

(5) On receipt of any such request the Secretary of State may issue an authority to proceed unless it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made, in accordance with the provisions of this Part of this Act.

(6) An authority to proceed shall specify the offence or offences under the law of the United Kingdom which it appears to the Secretary of State would be constituted by equivalent conduct in the United Kingdom.

(7) In this Part of this Act “warrant”, in the case of any foreign state, includes any judicial document authorising the arrest of a person accused or convicted of a crime.

Arrest for purposes of committal

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(1) For the purposes of this Part of this Act a warrant for the arrest of a person accused in a foreign state of an extradition crime, or alleged to be unlawfully at large after conviction in a foreign state of an extradition crime, may be issued—

(a) on the receipt of an authority to proceed, by—

(i) the chief metropolitan stipendiary magistrate or metropolitan stipendiary magistrate designated for the purposes of this Part of this Act by the Lord Chancellor; or

(ii) the sheriff of Lothian and Borders;

(b) without such an authority—

(i) by a metropolitan stipendiary magistrate;

(ii) by a justice of the peace in any part of the United Kingdom; and

(iii) in Scotland, by a sheriff,

upon information that the said person is or is believed to be in or on his way to the United Kingdom;

and any warrant issued by virtue of paragraph (b) above is in this Part of this Act referred to as a “provisional warrant”.

(2) A person empowered to issue warrants of arrest under this section may issue such a warrant if he is supplied with such information as would in his opinion authorise the issue of a warrant for the arrest of a person accused of conduct which would constitute an offence punishable under the law of the United Kingdom with imprisonment for a period of not less than 12 months or, as the case may be, of a person alleged to be unlawfully at large after conviction of such an offence within his jurisdiction.

(3) Where a provisional warrant is issued under this section, the authority by whom it is issued shall forthwith give notice to the Secretary of State, and transmit to him the information, or certified copies of the information, upon which it was issued; and the Secretary of State may in any case, and shall, if he decides not to issue an authority to proceed in respect of the person to whom the warrant relates, by order cancel the warrant and, if that person has been arrested under it, discharge him from custody.

(4) A warrant of arrest issued under this section may, without being backed, be executed in any part of the United Kingdom and may be so executed by any person to whom it is directed or by any constable.

Proceedings for committal

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(1) A person arrested in pursuance of a warrant under section 5 above shall (unless previously discharged under subsection (3) of that section) be brought as soon as practicable before a court (in this Part of this Act referred to as “the court of committal”) consisting of the chief metropolitan stipendiary magistrate or a metropolitan stipendiary magistrate designated as mentioned in section 5(1)(a) above or the sheriff of Lothian and Borders, as may be directed by the warrant.

(2) For the purposes of proceedings under this section the court of committal shall have the like jurisdiction and powers, as nearly as may be, including power to remand in custody or on bail, as a magistrates' court acting as examining justices.

(3) For the purposes of proceedings under this section a court of committal in Scotland shall have the like powers, including power to adjourn the case and meanwhile to remand the person arrested under the warrant either in custody or on bail, and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were summary proceedings in respect of an offence alleged to have been committed by that person; and the provisions of the Legal Aid (Scotland) Act 1986 relating to such proceedings or any appellate proceedings following thereon shall apply accordingly to that person.

(4) Where an Order in Council such as is mentioned in subsection (8) below is in force in relation to the foreign state, there is no need to furnish the court of committal with evidence sufficient to warrant the trial of the arrested person if the extradition crime had taken place within the jurisdiction of the court.

(5) Where the person arrested is in custody by virtue of a provisional warrant and no authority to proceed has been received in respect of him, the court of committal may fix a period (of which the court shall give notice to the Secretary of State) after which he will be discharged from custody unless such an authority has been received.

(6) In exercising the power conferred by subsection (5) above in a case when the extradition request is made under general extradition arrangements the court shall have regard to any period specified for the purpose in the Order in Council relating to the arrangements.

(7) Where—

(a) the extradition request is made under general extradition arrangements but no period is so specified; or

(b) the application is made under special extradition arrangements,

the court of committal may fix a reasonable period.

(8) Where an authority to proceed has been issued in respect of the person arrested and the court of committal is satisfied, after hearing any representations made in support of the extradition request or on behalf of that person, that the offence or any of the offences to which the authority relates is an extradition crime, and is further satisfied—

(a) where that person is accused of the offence, unless an Order in Council giving effect to general extradition arrangements otherwise provides, that the evidence would be sufficient to warrant his trial if the extradition crime had taken place within the jurisdiction of the court;

(b) where that person is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large,

the court, unless his committal is prohibited by any other provision of this Part of this Act, shall commit him—

(i) to await the Secretary of State’s decision as to his return to the foreign state that made the extradition request; and

(ii) if the Secretary of State decides that he shall be returned to that state, to await his return.

(9) If the court commits a person under subsection (8) above, it shall issue a certificate of the offence against the law of the United Kingdom which would be constituted by his conduct.

(10) A person may be committed in the exercise of the power conferred by subsection (8) above either to custody or on bail.

(11) If the court commits a person to custody in the exercise of that power, it may subsequently grant him bail if it considers it appropriate to do so.

(12) If—

(a) the court is not satisfied as mentioned in subsection (8) above in relation to the person arrested; or

(b) his committal is prohibited by a provision of this Part of this Act,

it shall discharge him.

Statement of case by court

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(1) If the court of committal refuses to make an order of committal in relation to a person under section 6 above in respect of the offence or, as the case may be, any of the offences, to which the authority to proceed relates, the state seeking the surrender of that person to it may question the proceeding on the ground that it is wrong in law by applying to the court to state a case for the opinion of the High Court or, in Scotland, the High Court of Justiciary on the question of law involved.

(2) If the state seeking his surrender immediately informs the court of committal that it intends to make such an application, the court shall make an order providing for his detention, or directing that he shall not be released except on bail.

(3) Rules of Court may specify—

(a) a period within which a state must make such an application unless the Court grants a longer period; and

(b) a period within which the court of committal must comply with such an application.

(4) Where the court of committal fails to comply with an application under subsection (1) above within the period specified in Rules of Court, the High Court or, in Scotland, the High Court of Justiciary may, on the application of the state that applied for the case to be stated, make an order requiring the court to state a case.

(5) The High Court or High Court of Justiciary shall have power—

(a) to remit the case to the court of committal to decide it according to the opinion of the High Court or High Court of Justiciary on the question of law; or

(b) to dismiss the appeal.

(6) Where the court dismisses an appeal relating to an offence, it shall by order declare that that offence is not an offence in respect of which the Secretary of State has power to make an order under section 9 below in respect of the person whose return was requested.

(7) An order made by a metropolitan magistrate under subsection (2) above shall cease to have effect if—

(a) the court dismisses the appeal in respect of the offence or all the offences to which it relates; and

(b) the state seeking surrender does not immediately—

(i) apply for leave to appeal to the House of Lords; or

(ii) inform the court that it intends to apply for leave.

(8) An order made by the sheriff of Lothian and Borders under subsection (2) above shall cease to have effect if the court dismisses the appeal in respect of the offence or all the offences to which it relates.

(9) In relation to a decision of a court on an appeal under this section, section 1 of the Administration of Justice Act 1960 (right of appeal to House of Lords) shall have effect as if so much of subsection (2) as restricts the grant of leave to appeal were omitted.

(10) The House of Lords may exercise any powers of the High Court under subsection (5) above and subsection (6) above shall apply to them as it applies to that Court.

(11) Subject to subsections (7) and (8) above, an order under subsection (2) above shall have effect so long as the case is pending.

(12) For the purposes of this section a case is pending (unless proceedings are discontinued) until (disregarding any power of a court to grant leave to take any step out of time) there is no step that the foreign state can take.

(13) In the application to Scotland of this section, subsections (9) and (10) shall be omitted and, in relation to an appeal under this section in Scotland, the court may make an order providing for the detention of the person to whom it relates or it may grant bail; and section 446(2) of the Criminal Procedure (Scotland) Act 1975 shall apply for the purpose of such an appeal as it applies for the purpose of an appeal such as is mentioned in section 444 of that Act.

Application for habeas corpus etc

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(1) Where a person is committed under section 6 above, the court shall inform him in ordinary language of his right to make an application for habeas corpus, and shall forthwith give notice of the committal to the Secretary of State.

(2) A person committed under section 6 above shall not be returned under this Part of this Act—

(a) in any case, until the expiration of the period of 15 days beginning with the day on which the order for his committal is made;

(b) if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.

(3) Without prejudice to any jurisdiction of the High Court apart from this section, the court shall order the applicant’s discharge if it appears to the Court, in relation to the offence, or each of the offences, in respect of which the applicant’s return is sought, that—

(a) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(b) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

it would, having regard to all the circumstances, be unjust or oppressive to return him.

(4) On any such application the court may receive additional evidence relevant to the exercise of their jurisdiction under section 3 above or subsection (3) above.

(5) Proceedings on an application for habeas corpus shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

(6) In the application of this section to Scotland—

(a) references to an application for habeas corpus shall be construed as references to an application for review of the order of committal; and

(b) the reference to the High Court shall be construed as a reference to the High Court of Justiciary.

Order for return to requesting state

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(1) Where a person is committed under section 6 above and is not discharged by order of the High Court or the High Court of Justiciary, the Secretary of State may by warrant order him to be returned to the state by which the extradition request was made unless his return is prohibited, or prohibited for the time being, by this Part of this Act, or the Secretary of State decides under this section to make no such order in his case.

(2) The Secretary of State shall give the person to whom an order under subsection (1) above would relate notice in writing that he is contemplating making such an order.

(3) The person to whom such an order would relate shall have a right to make representations, at any time before the expiration of the period of 15 days commencing with the date on which the notice is given, as to why he should not be returned to the foreign state, and unless he waives that right, no such order shall be made in relation to him before the end of that period.

(4) A notice under subsection (2) above shall explain in ordinary language the right conferred by subsection (3) above.

(5) It shall be the duty of the Secretary of State to consider any representations made in the exercise of that right.

(6) Unless the person to whom it relates waives the right conferred on him by subsection (7) below, he shall not be returned to the foreign state until the expiration of the period of 7 days commencing with the date on which the warrant is issued or such longer period as—

(a) in England and Wales, rules of court under section 84 of the Supreme Court Act 1981, or

(b) in Scotland, the High Court of Justiciary by Act of Adjournal

may provide.

(7) At any time within that period he may apply for leave to seek judicial review of the Secretary of State’s decision to make the order.

(8) If he applies for judicial review, he may not be returned so long as the proceedings for judicial review are pending.

(9) Proceedings for judicial review shall be treated for the purposes of this section as pending (unless they are discontinued) until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

(10) A warrant under this section—

(a) shall state in ordinary language that the Secretary of State has considered any representations made in the exercise of the right conferred by subsection (3) above; and

(b) shall explain in ordinary language the rights conferred by this section on a person whose return to a foreign state has been ordered under this section,

and a copy shall be given to the person to whom it relates as soon as the order for his return is made.

(11) Without prejudice to his general discretion as to the making of an order for the return of a person to a foreign state under this Part of this Act—

(a) the Secretary of State shall not make an order in the case of any person if it appears to the Secretary of State that—

(i) by reason of the trivial nature of the offence of which he is accused or was convicted; or

(ii) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case may be; or

(iii) because the accusation against him is not made in good faith in the interests of justice,

it would, having regard to all the circumstances, be unjust or oppressive to return him; and

(b) the Secretary of State may decide not to make an order for the return of a person accused or convicted of an extradition crime constituted by conduct not punishable with death in Great Britain if that person could be or has been sentenced to death for that offence in the state by which the request for his return is made.

(12) An order for the return of a person to a foreign state under this Part of this Act shall not be made in the case of a person who is serving a sentence of imprisonment or detention, or is charged with an offence, in the United Kingdom—

(a) in the case of a person serving such a sentence, until the sentence has been served;

(b) in the case of a person charged with an offence, until the charge is disposed of or withdrawn or unless an order is made for it to lie on the file and, if it results in his serving a term of imprisonment or detention, until the sentence has been served.

(13) In the application of this section to Scotland, the reference in subsection (12) above to an order being made for the charge to lie on the file shall be construed as a reference to the diet being deserted pro loco et tempore.

(14) The Secretary of State may decide to make no order under this section for the return of a person committed in consequence of an extradition request if another extradition request has been made in respect of him and it appears to the Secretary of State, having regard to all the circumstances of the case and in particular—

(a) the relative seriousness of the offences in question;

(b) the date on which each such request was made; and

that preference should be given to that other request.

Simplified procedure

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(1) A person may give notice that he waives the rights conferred on him by section 8 above.

(2) A notice under this section shall be given in England and Wales in the manner prescribed by rules under section 144 of the Magistrates' Courts Act 1980, and, without prejudice to the generality of subsection (1) of that section, the power to make such rules shall include power to make provision for a magistrate to order the committal for return of a person with his consent at any time after his arrest.

(3) A notice under this section shall be given in Scotland in the manner prescribed by the High Court of Justiciary by Act of Adjournal and the sheriff may order the committal for return of a person with his consent at any time after his arrest.

(4) Where an order is made under this section, this Part of this Act shall cease to apply to the person in respect of whom it is made, except that, if within one month after the order is made, he is not surrendered to the foreign state to which he is to be returned, the High Court or, in Scotland, the High Court of Justiciary, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.

Special extradition arrangements

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(1) Where special extradition arrangements have been made in respect of a person, extradition procedures shall be available in the case of that person, as between the United Kingdom and the foreign state with whom the arrangements have been made, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the arrangements.

(2) If the Secretary of State issues a certificate of special extradition arrangements, it shall be conclusive evidence of all matters stated in it.

(3) In subsection (2) above “certificate of special extradition arrangements” means a certificate—

(a) that special extradition arrangements have been made in respect of a person as between the United Kingdom and a foreign state specified in the certificate; and

(b) that extradition procedures are available in the case of that person as between the United Kingdom and the foreign state to the extent specified in the certificate.

Discharge in case of delay

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(1) If a person committed under section 6 above is still in the United Kingdom after the expiration of the relevant period, he may apply to the High Court or the High Court of Justiciary for his discharge.

(2) Unless he has instituted proceedings for judicial review of the Secretary of State’s decision to order his return, the relevant period is—

(a) the period of two months beginning with the first day on which, having regard to section 8(2) above, he could have been returned;

(b) where a warrant for his return has been issued under section 9 above, the period of one month beginning with the day on which that warrant was issued.

(3) If he has instituted such proceedings, the relevant period is the period expiring one month after they end.

(4) Proceedings for judicial review end for the purposes of this section—

(a) if they are discontinued, on the date of discontinuance; and

(b) if they are determined, on the date on which (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal.

(5) If upon an application under this section the court is satisfied that reasonable notice of the proposed application has been given to the Secretary of State, the court may, unless sufficient cause is shown to the contrary, by order direct the applicant to be discharged and if a warrant for his return has been issued under section 9 above, quash that warrant.

Authentication of foreign documents

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(1) For the purposes of this Part of this Act foreign documents may be authenticated by the oath of a witness, but shall in any case be deemed duly authenticated—

(a) if they purport to be signed or certified by a judge, magistrate or officer of the foreign state where they were issued; and

(b) if they purport to be certified by the Minister of Justice, or some other Minister of State, of the foreign state.

(2) Judicial notice shall be taken of such certification as is mentioned in subsection (1)(b) above, and documents authenticated by such certification shall be received in evidence without further proof.

Custody

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(1) Any person remanded or committed to custody under this Part of this Act shall be committed to the like institution as a person charged with an offence before the court of committal.

(2) If any person who is in custody by virtue of a warrant under this Part of this Act escapes out of custody, he may be retaken in any part of the United Kingdom in like manner as a person escaping from custody under a warrant for his arrest issued in that part in respect of an offence committed in that part.

(3) Where a person, being in custody in any part of the United Kingdom whether under this Part of this Act or otherwise, is required to be removed in custody under this Part of this Act to another part of the United Kingdom and is so removed by sea or by air, he shall be deemed to continue in legal custody until he reaches the place to which he is required to be removed.

(4) A warrant for the return of any person to a foreign state shall be sufficient authority for all persons to whom it is directed and all constables to receive that person, keep him in custody and convey him into the jurisdiction of that foreign state.

Form of warrants and orders

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(1) Any warrant or order to be issued or made by the Secretary of State under this Part of this Act shall be given under the hand of the Secretary of State, a Minister of State or an Under-Secretary of State.

(2) The Secretary of State may by regulations made by statutory instrument prescribe the form of any document (except a notice required under section 10(2) above) required for the purposes of this Part of this Act.

Treatment of persons returned from foreign states

Restrictions upon proceedings for other offences

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(1) Where any person is returned to the United Kingdom by a foreign state in pursuance of general or special extradition arrangements, he shall not, unless he has first been restored or had an opportunity of leaving the United Kingdom, be triable or tried for any offence committed prior to the surrender in any part of the United Kingdom, other than—

(a) an offence in respect of which he was returned; or

(b) any offence disclosed by the particulars furnished to the foreign state on which his return is grounded; or

(2) Where any person returned to the United Kingdom in pursuance of general or special extradition arrangements has been convicted before his return of an offence for which his return was not granted, any punishment for that offence shall by operation of this section be remitted; but his conviction for it shall be treated as a conviction for all other purposes.

Restoration of persons not tried or acquitted

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(1) This section applies to any person accused of an offence under the law of the United Kingdom who is returned to the United Kingdom in pursuance of general or special extradition arrangements.

(2) If in the case of a person to whom this section applies either—

(a) proceedings against him for the offence for which he was returned are not begun within the period of six months beginning with the day of his arrival in the United Kingdom on being returned; or

(b) on his trial for that offence, he is acquitted or discharged under any of the following provisions—

(i) section 7(1) of the Powers of Criminal Courts Act 1973;

(ii) section 182 or 383 of the Criminal Procedure (Scotland) Act 1975;

(iii) section 5(1) of the Probation Act (Northern Ireland) 1950,

the Secretary of State may, if he thinks fit, on the request of that person, arrange for him to be sent back free of charge and with as little delay as possible to the foreign state from which he was returned.

Repatriation cases

Persons serving sentences outside country of conviction

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(1) This section applies where—

(a) a request is made—

(i) by some person recognised as a diplomatic representative of a foreign state in the case of which the Extradition Act 1870 applies or as between which and the United Kingdom extradition procedures under this Part of this Act are available; or

(ii) by or on behalf of the Government of a Commonwealth country which is a designated Commonwealth country, as defined in subsection (1) of section 2 of the Fugitive Offenders Act 1967, or the Governor of a United Kingdom dependency, as defined in subsection (2) of that section,

for the arrest and return of a person in the United Kingdom who is alleged to be unlawfully at large from a prison in which he was serving a sentence in pursuance of international arrangements for the repatriation of prisoners sentenced in one country (“the country of conviction”) to serve their sentences in another (“the country of imprisonment”); and

(b) there are furnished with the request—

(i) particulars of the person whose return or surrender is requested;

(ii) particulars of the offence of which he was convicted (including information sufficient to justify the issue of a warrant for his arrest under the relevant legislation);

(iii) a certificate of the conviction and sentence; and

(iv) a certificate of the international arrangements for repatriation under which he was held.

(2) Where this section applies, the relevant legislation shall have effect—

(a) if the request is from the country of conviction, as if the person to whom the request relates were alleged to be unlawfully at large from a prison in that country; and

(b) if it is from the country of imprisonment, as if he were alleged to have been convicted of a corresponding offence under the law of that country committed there,

and the question whether the person to whom the request relates is to be returned shall be determined, subject to subsection (3) below, in accordance with that legislation.

(3) A person shall not be returned under subsection (2)(b) above unless—

(a) the offence was committed in the country of conviction; or

(b) the offence was not committed there but was committed in circumstances in which he might be returned on a request made by the country of conviction.

(4) In this section “the relevant legislation” means—

(a) if the request is made by some person recognised as a diplomatic representative of a foreign state in the case of which the Extradition Act 1870 applies, the Extradition Acts 1870 to 1935 as they apply in the case of that state;

(b) if it is made by some person recognised as a diplomatic representative of a foreign state as between whom and the United Kingdom extradition procedures under this Part of this Act are available, the following provisions of this Act, as they apply in the case of that state—

(i) section 1(1) to (8); and

(ii) sections 2 to 17; and

(c) if it is made by or on behalf of the Government of a designated Commonwealth country or the Governor of a United Kingdom dependency, the Fugitive Offenders Act 1967 as it applies in the case of that country or dependency.

Channel Islands, Isle of Man and colonies

Application to Channel Islands and Isle of Man

19

(1) Subject to the provisions of this section, sections 1 to 18 above shall extend to the Channel Islands and the Isle of Man, and shall have effect as if each of them were part of the United Kingdom.

(2) Her Majesty may by Order in Council direct that any of the provisions mentioned in subsection (1) above shall, in its application to any of the said islands, have effect subject to such exceptions, adaptations or modifications as may be specified in the Order.

Application of general extradition arrangements to colonies

20

(1) Upon the making of an Order in Council under section 2 above, the provisions of this Act specified in subsection (2) below shall, unless the Order otherwise provides, extend to every colony, as regards the extradition arrangements to which the Order refers, but subject—

(a) to the modifications set out in subsections (3) to (6) below; (b) to any further modifications as to procedure prescribed by the law of the colony; and

(2) The provisions of this Act mentioned in subsection (1) above are—

(a) section 1(1) to (8);

(b) sections 3 to 10;

(d) this section.

(3) A reference to the colony shall be substituted for any reference to the United Kingdom or Great Britain.

(4) An extradition request may be made to the Governor and the Governor may exercise the powers of the Secretary of State.

(5) A reference to a consular representative recognised by the Governor shall be substituted for the reference in section 4(1) above to a diplomatic representative recognised by the Secretary of State.

(6) Any reference to a magistrate, judge or court shall be construed as a reference to such judicial authority as the law of the colony may provide.

(7) Her Majesty may by Order in Council direct that in any colony specified in the Order—

(a) the Extradition Act 1870 shall have effect with the amendments made by this Act; and

(b) the Fugitive Offenders Act 1967 shall have effect with the amendments and repeals so made.

Special extradition arrangements—colonies

21

(1) Her Majesty may by Order in Council direct that this section shall extend to any colony specified in the Order in the case of foreign states with whom there are no general extradition arrangements, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order.

(2) Where arrangements have been made in respect of a person under which extradition procedures under this Part of this Act will be available as between a colony to which this section applies and a foreign state, such extradition procedures shall be available in the case of that person, as between the colony and the state with whom the arrangements have been made, subject—

(a) to the modifications of the provisions of this Act specified in subsection (2) of section 20 above set out in subsections (3) to (6) of that section;

(b) to any further modifications as to procedure prescribed by the law of the colony; and

(3) The provisions of this Act mentioned in section 20(2)(a) to (c) above shall extend to the colony so far as is necessary for the purposes of the arrangements.

(4) If the governor or the Secretary of State issues a certificate—

(a) that such arrangements have been made; and

(b) that extradition procedures are available in the case of the person named in the certificate as between the colony and the foreign state to the extent specified in the certificate,

it shall be conclusive evidence of all matters stated in it.

Suppression of terrorism

22

(1) Schedule 1 to the Suppression of Terrorism Act 1978 shall be amended as follows.

(2) The following sub-paragraph shall be inserted before paragraph 8(a)—

(za) section 4 (soliciting etc. to commit murder);

(3) The following shall be inserted after paragraph 9—

(9A) The offence of torture under section 134 of the Criminal Justice Act 1988.

(4) The following shall be inserted after paragraph 13—

(13A) An offence under any provision of the Nuclear Material (Offences) Act 1983.

(5) The following shall be added at the end—

(21) An offence of conspiring to commit any offence mentioned in a preceding paragraph of this Schedule.

Part II — Documentary Evidence in Criminal Proceedings

First-hand hearsay

23

(1) Subject—

(a) to subsection (4) below; and

(b) to paragraph 1A of Schedule 2 to the Criminal Appeal Act 1968 (evidence given orally at original trial to be given orally at retrial); . . .

a statement made by a person in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence by him would be admissible if—

(i) the requirements of one of the paragraphs of subsection (2) below are satisfied; or

(ii) the requirements of subsection (3) below are satisfied.

(2) The requirements mentioned in subsection (1)(i) above are—

(a) that the person who made the statement is dead or by reason of his bodily or mental condition unfit to attend as a witness;

(b) that—

(i) the person who made the statement is outside the United Kingdom; and

(ii) it is not reasonably practicable to secure his attendance; or

(3) The requirements mentioned in subsection (1)(ii) above are—

(a) that the statement was made to a police officer or some other person charged with the duty of investigating offences or charging offenders; and

(b) that the person who made it does not give oral evidence through fear or because he is kept out of the way.

(4) Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.

(5) . . .

Business etc. documents

24

(1) Subject—

(a) to subsections (3) and (4) below; and

(b) to paragraph 1A of Schedule 2 to the Criminal Appeal Act 1968; . . .

a statement in a document shall be admissible in criminal proceedings as evidence of any fact of which direct oral evidence would be admissible, if the following conditions are satisfied—

(i) the document was created or received by a person in the course of a trade, business, profession or other occupation, or as the holder of a paid or unpaid office; and

(ii) the information contained in the document was supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with.

(2) Subsection (1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied received it—

(a) in the course of a trade, business, profession or other occupation; or

(b) as the holder of a paid or unpaid office.

(3) Subsection (1) above does not render admissible a confession made by an accused person that would not be admissible under section 76 of the Police and Criminal Evidence Act 1984.

(4) A statement prepared otherwise than in accordance with section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below for the purposes—

(a) of pending or contemplated criminal proceedings; or

(b) of a criminal investigation,

shall not be admissible by virtue of subsection (1) above unless—

(i) the requirements of one of the paragraphs of subsection (2) of section 23 above are satisfied; or

(ii) the requirements of subsection (3) of that section are satisfied; or

(iii) the person who made the statement cannot reasonably be expected (having regard to the time which has elapsed since he made the statement and to all the circumstances) to have any recollection of the matters dealt with in the statement.

(5) . . .

Principles to be followed by court

25

(1) If, having regard to all the circumstances—

(a) the Crown Court—

(i) on a trial on indictment;

(ii) on an appeal from a magistrates’ court; . . .

(iii) on the hearing of an application under section 6 of the Criminal Justice Act 1987 (applications for dismissal of charges of fraud transferred from magistrates’ court to Crown Court); or

(iv) on the hearing of an application under paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal of charges in certain cases involving children transferred from magistrates’ court to Crown Court); or

(b) the criminal division of the Court of Appeal; or

is of the opinion that in the interests of justice a statement which is admissible by virtue of section 23 or 24 above nevertheless ought not to be admitted, it may direct that the statement shall not be admitted.

(2) Without prejudice to the generality of subsection (1) above, it shall be the duty of the court to have regard—

(a) to the nature and source of the document containing the statement and to whether or not, having regard to its nature and source and to any other circumstances that appear to the court to be relevant, it is likely that the document is authentic;

(b) to the extent to which the statement appears to supply evidence which would otherwise not be readily available;

(c) to the relevance of the evidence that it appears to supply to any issue which is likely to have to be determined in the proceedings; and

(d) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them.

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

26

Where a statement which is admissible in criminal proceedings by virtue of section 23 or 24 above appears to the court to have been prepared, otherwise than in accordance with section 7 of the Crime (International Co-operation) Act 2003 or an order under paragraph 6 of Schedule 13 to this Act or under section 30 or 31 below, for the purposes—

(a) of pending or contemplated criminal proceedings; or

(b) of a criminal investigation,

the statement shall not be given in evidence in any criminal proceedings without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice; and in considering whether its admission would be in the interests of justice, it shall be the duty of the court to have regard—

(i) to the contents of the statement;

(ii) to any risk, having regard in particular to whether it is likely to be possible to controvert the statement if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(iii) to any other circumstances that appear to the court to be relevant.

Proof of statements contained in documents

27

Where a statement contained in a document is admissible as evidence in criminal proceedings, it may be proved—

(a) by the production of that document; or

(b) (whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,

authenticated in such manner as the court may approve; and it is immaterial for the purposes of this subsection how many removes there are between a copy and the original.

Documentary evidence— supplementary

28

(1) Nothing in this Part of this Act shall prejudice—

(a) the admissibility of a statement not made by a person while giving oral evidence in court which is admissible otherwise than by virtue of this Part of this Act; or

(b) any power of a court to exclude at its discretion a statement admissible by virtue of this Part of this Act.

(2) Schedule 2 to this Act shall have effect for the purpose of supplementing this Part of this Act.

Part III — Other Provisions about Evidence in Criminal Proceedings

Issue of letters of request

29

Expert reports

30

(1) An expert report shall be admissible as evidence in criminal proceedings, whether or not the person making it attends to give oral evidence in those proceedings.

(2) If it is proposed that the person making the report shall not give oral evidence, the report shall only be admissible with the leave of the court.

(3) For the purpose of determining whether to give leave the court shall have regard—

(a) to the contents of the report;

(b) to the reasons why it is proposed that the person making the report shall not give oral evidence;

(c) to any risk, having regard in particular to whether it is likely to be possible to controvert statements in the report if the person making it does not attend to give oral evidence in the proceedings, that its admission or exclusion will result in unfairness to the accused or, if there is more than one, to any of them; and

(d) to any other circumstances that appear to the court to be relevant.

(4) An expert report, when admitted, shall be evidence of any fact or opinion of which the person making it could have given oral evidence.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section “expert report” means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.

Form of evidence and glossaries

31

For the purpose of helping members of juries to understand complicated issues of fact or technical terms Criminal Procedure Rules may make provision—

(a) as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and

(b) as to the furnishing of glossaries for such purposes as may be specified;

in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.

Evidence through television links

32

(A1) This section applies only so far as provided by an order under paragraph 8 of Schedule 13.

(1) A person other than the accused may give evidence through a live television link in proceedings to which subsection (1A) below applies if—

(a) the witness is outside the United Kingdom; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but evidence may not be so given without the leave of the court.

(1A) This subsection applies—

(a) to trials on indictment, appeals to the criminal division of the Court of Appeal and hearings of references under section 9 of the Criminal Appeal Act 1995; and

(b) to proceedings in youth courts , appeals to the Crown Court arising out of such proceedings and hearings of references under section 11 of the Criminal Appeal Act 1995 so arising.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A statement made on oath by a witness outside the United Kingdom and given in evidence through a link by virtue of this section shall be treated for the purposes of section 1 of the Perjury Act 1911 as having been made in the proceedings in which it is given in evidence.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Without prejudice to the generality of any enactment conferring power to make Criminal Procedure Rules, such rules may make such provision as appears to the Criminal Procedure Rule Committee to be necessary or expedient for the purposes of this section.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence of persons under 14 in committal proceedings

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of requirement of corroboration for unsworn evidence of children

34

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any requirement whereby at a trial on indictment it is obligatory for the court to give the jury a warning about convicting the accused on the uncorroborated evidence of a child is abrogated . . ..

(3) Unsworn evidence admitted by virtue of section 56 of the Youth Justice and Criminal Evidence Act 1999 may corroborate evidence (sworn or unsworn) given by any other person.

Part IV — Reviews of Sentencing

Scope of Part IV

35

(1) A case to which this Part of this Act applies may be referred to the Court of Appeal under section 36 below.

(2) Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36 below shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part of this Act shall be construed as references to that division.

(3) This Part of this Act applies to any case —

(a) of a description specified in an order under this section; or

(b) in which sentence is passed on a person—

(i) for an offence triable only on indictment; or

(ii) for an offence of a description specified in an order under this section

(4) The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply to any case of a description specified in the order or to any casein which sentence is passed on a person for an offence triable either way of a description specified in the order.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this Part of this Act “sentence” has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly.

(7) In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).

(8) Subsection (2) shall be omitted.

(9) In this section—

“offence triable only on indictment” means an offence punishable only on conviction on indictment;

“offence triable either way” means an offence punishable on conviction on indictment or on summary conviction.

(9A) Any reference in subsection (4) to the Secretary of State must be construed as a reference to the Department of Justice in Northern Ireland.

(10) For subsection (5) there shall be substituted—

(5) An order under subsection (4) above shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such order shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(11) The references in subsection (6) to the Criminal Appeal Act 1968 and Part III of the Mental Health Act 1983 shall be respectively construed as references to Part I of the Criminal Appeal (Northern Ireland) Act 1980 and Part III of the Mental Health (Northern Ireland) Order 1986.

Reviews of sentencing

36

(1) If it appears to the Attorney General—

(a) that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and

(b) that the case is one to which this Part of this Act applies,

he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person; and on such a reference the Court of Appeal may—

(i) quash any sentence passed on him in the proceeding; and

(ii) in place of it pass such sentence as they think appropriate for the case and as the court below had power to pass when dealing with him.

(2) Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied if it appears to the Attorney General that the judge

(a) erred in law as to his powers of sentencing; or

(b) failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.

(3) For the purposes of this Part of this Act any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section 11 of the Criminal Appeal Act 1968.

(3A) Where a reference under this section relates to a minimum term order made under section 321 of the Sentencing Code..., the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.

(4) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.

(5) Where the Court of Appeal have concluded their review of a case referred to them under this section the Attorney General or the person to whose sentencing the reference relates may refer a point of law involved in any sentence passed on that person in the proceeding to the Supreme Court for its opinion , and the Supreme Court shall consider the point and give its opinion on it accordingly, and either remit the case to the Court of Appeal to be dealt with or itself deal with the case.

(6) A reference under subsection (5) above shall be made only with the leave of the Court of Appeal or the Supreme Court ; and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or the Supreme Court (as the case may be) that the point is one which ought to be considered by the Supreme Court .

(7) For the purpose of dealing with a case under this section the Supreme Court may exercise any powers of the Court of Appeal.

(8) The supplementary provisions contained in Schedule 3 to this Act shall have effect.

(9) In the application of this section to Northern Ireland—

(a) any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland ;

(aa) subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted

impose a sentence required by— (i) Article 70(2) of the Firearms (Northern Ireland) Order 2004, (ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006, (iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or (iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;

(b) the references to sections 11 and 35(1) of the Criminal Appeal Act 1968 shall be construed as references to sections 10(2) and 33(1) of the Criminal Appeal (Northern Ireland) Act 1980, respectively., and

(c) the reference in subsection (3A) to a minimum term order made under section 321 of the Sentencing Code shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V — Jurisdiction, Imprisonment, Fines, Etc.

Jurisdiction

Certain either way offences relating to motor vehicles to be summary offences

37

(1) In section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.)—

(a) in subsection (2), for the words “on conviction on indictment be liable to imprisonment for a term not exceeding three years." there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both."; and

(b) at the end of subsection (4) there shall be added the words “and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.".

Criminal damage etc. as summary offences

38

(1) In subsection (1) of section 22 of the Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage is charged and it appears to a magistrates’ court clear that the value involved does not exceed the relevant sum, the court is required to proceed as if the offence charged were triable only summarily) in the second paragraph (which states the relevant sum) for “£400" there shall be substituted “£2,000".

(2) Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.

(3) The following subsection shall be inserted after subsection (10) of that section—

(11) Where— (a) the accused is charged on the same occasion with two or more scheduled offences and it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; or (b) the offence charged consists in incitement to commit two or more scheduled offences, this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved.

(4) Subsection (3) above does not apply where any of the offences are charged in respect of acts done before this section comes into force.

Common assault and battery to be summary offences

39

(1) Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.

(2) Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).

Power to join in indictment count for common assault etc

40

(1) A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—

(a) is founded on the same facts or evidence as a count charging an indictable offence; or

(b) is part of a series of offences of the same or similar character as an indictable offence which is also charged,

but only if (in either case) the facts or evidence relating to the offence ... are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51 or 51A), has been served on the person charged.

(2) Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a magistrates’ court could have dealt with him.

(3) The offences to which this section applies are—

(a) common assault;

(aa) an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);

(ab) an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)

(ac) an offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer);

(b) an offence under section 12(1) of the Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);

(d) an offence mentioned in the first column of Schedule 2 to the Magistrates’ Courts Act 1980 (criminal damage etc.) which would otherwise be triable only summarily by virtue of section 22(2) of that Act; and

(e) any summary offence specified under subsection (4) below.

(4) The Secretary of State may by order made by statutory instrument specify for the purposes of this section any summary offence which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments relating to committal for sentence

42

Power of Court of Appeal to order retrial

43

(1) The Criminal Appeal Act 1968 shall be amended as follows.

(2) 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" shall cease to have effect.

(3) At the end of subsection (1) of section 8 there shall be added the words “but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave."

(4) The following subsections shall be inserted after that subsection—

(1A) Where a person has been ordered to be retried but may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order for retrial and to direct the court of trial to enter a judgment and verdict of acquittal of the offence for which he was ordered to be retried. (1B) On an application under subsection (1) or (1A) above the Court of Appeal shall have power— (a) to grant leave to arraign; or (b) to direct the entry of a judgment and verdict of acquittal,but shall not give leave to arraign unless they are satisfied— (i) that the prosecution has acted with all due expedition; and (ii) that there is a good and sufficient cause for a retrial in spite of the lapse of time since the order under section 7 of this Act was made.

(5) Nothing in this section applies where notice of appeal or of application for leave to appeal was given before the commencement of this section.

Imprisonment

Firearms offences

44

(1) Part 1 of Schedule 6 to the Firearms Act 1968 (prosecution and punishment of offences) shall be amended as follows.

(2) For the third and fourth columns of the entries relating to an offence under section 2(1) (possessing, etc. shotgun without shotgun certificate) there shall be substituted—

(a) Summary.	6 months or the statutory maximum or both.
(b) On indictment.	3 years or a fine; or both.

(3) “Life imprisonment” shall be substituted for “14 years" in the fourth column of the entries relating to offences under—

(a) section 17(2) (possessing firearm or imitation firearm at time of committing or being arrested for certain offences); and

(b) section 18(1) (carrying firearm or imitation firearm with criminal intent).

(4) Nothing in this section shall affect the punishment for an offence committed before this section comes into force.

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

45

(1) In section 1(1)(a) of the Children and Young Persons Act 1933 (under which the maximum term of imprisonment for cruelty to persons under 16 is two years) and in section 12(1)(a) of the Children and Young Persons (Scotland) Act 1937 (which makes corresponding provision for Scotland), for “two" there shall be substituted “ten".

(2) Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.

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

46

(1) In section 1(1)(a) of the Prevention of Crime Act 1953 “six months” shall be substituted for “three months".

(2) The maximum fine that may be imposed for an offence under section 1 of the Restriction of Offensive Weapons Act 1959 shall be a fine not exceeding level 5 on the standard scale.

(3) This section shall not have effect in relation to anything done before it comes into force.

Corruption

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Increase in penalty for insider dealing

48

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