Criminal Justice Act 1988

Repeal of s.134 of Magistrates' Courts Act 1980

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

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Maximum fines under subordinate legislation

Statutory maximum as penalty on summary conviction for offences triable either way in subordinate legislation

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• (1) For any offence triable either way under a subordinate instrument made before the commencement of this section, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.

• (2) Where apart from this section the maximum fine would be one amount in the case of a first conviction and a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

• (3) Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

• (4) Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to impose penal provisions, being a power which allows the creation of offences triable either way, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of an offence triable either way shall by virtue of this subsection be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment contained in an Act passed before the commencement of this section.

• (5) Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to create offences triable either way, the maximum fine for an offence triable either way so created may be expressed as a fine not exceeding the statutory maximum.

• (6) Subsection (5) above has effect in relation to exercises of powers before as well as after the commencement of this section.

• (7) Nothing in this section shall affect the punishment for an offence committed before the commencement of this section.

• (8) In this section and sections 52, 53, 55, 57 and 59 below “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

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

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• (1) Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.

• (2) In subsection (1) above “relevant subordinate instrument” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.

• (3) Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

• (4) Where there is—

• (a) under any enactment (however framed or worded) contained in an Act passed before the commencement of this section;

• (b) under any instrument (however framed or worded) made by virtue of such an enactment,

a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.

• (5) Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.

Powers to specify maximum fines for summary offences under subordinate instruments— conversion of references to amounts to references to levels on scale—England and Wales

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• (1) Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.

• (2) If an order under section 143 of the Magistrates’ Courts Act 1980 alters the sums specified in section 37(2) of the Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.

• (3) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

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

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In the Criminal Procedure (Scotland) Act 1975, after section 289GC (which is inserted by section 56 of this Act) there shall be inserted the following section—

(289GD) (1) Where an instrument which was made under an enactment on or after 11th April 1983 but before the commencement of section 54 of the Criminal Justice Act 1988 confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable on summary conviction to a fine of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine. (2) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued

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Fines under secondary subordinate instruments— England and Wales

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• (1) This section applies to any instrument (however framed or worded) which—

• (a) was made before 11th April 1983 (the date of the commencement of sections 35 to 50 of the Criminal Justice Act 1982); and

• (b) confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,

but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.

• (2) The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—

• (a) if the specified amount is less than £25 , level 1 on the standard scale;

• (b) if it is £25 or more but less than £50, level 2;

• (c) if it is £50 or more but less than £200, level 3;

• (d) if it is £200 or more but less than £400, level 4; and

• (e) if it is £400 or more, level 5.

• (3) Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.

• (4) Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those maximum fines are to be treated separately for the purposes of this section.

• (5) Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—

• (a) to the alternative fine; and

• (b) to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,

as well as in relation to the fine mentioned in subsection (3) above.

• (6) Section 36 of the Criminal Justice Act 1982 (abolition of enhanced penalties under subordinate instruments) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (2) to the coming into force of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.

Fines under secondary subordinate instruments: Scotland

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• (1) In the Criminal Procedure (Scotland) Act 1975, after section 289GB (which was inserted by the Criminal Justice (Scotland) Act 1987) there shall be inserted the following section—

(289GC) (1) This section applies to any instrument (however framed or worded) which— (a) was made before 11th April 1983 (the date of commencement of Part IV of the Criminal Justice Act 1982); (b) confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000, but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued. (2) The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is— (a) if the specified amount is less than £25, level 1 on the standard scale; (b) if it is £25 or more but less than £50, level 2; (c) if it is £50 or more but less than £200, level 3; (d) if it is £200 or more but less than £400, level 4; and (e) if it is £400 or more, level 5. (3) Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument. (4) Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amount specified as those maximum fines are to be treated separately for the purposes of this section. (5) Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation— (a) to the alternative fine; and (b) to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide, as well as in relation to the fine mentioned in subsection (3) above.

• (2) Section 289E of the Criminal Procedure (Scotland) Act 1975 (penalties for first and subsequent convictions of summary offences to be the same) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (5) to the commencement of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.

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

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• (1) Where a harbour authority is empowered to provide—

• (a) in an instrument made by virtue of an enactment; or

• (b) in an instrument made by virtue of an instrument made under an enactment,

that a person, as regards any summary offence (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this section to making him liable to a fine not exceeding level 4.

• (2) Where any enactment or instrument (“the enabling legislation") (however expressed) provides that a person who contravenes any provision of an instrument (“a regulatory instrument") made by a harbour authority—

• (a) by virtue of the enabling legislation; or

• (b) by virtue of an instrument made under the enabling legislation,

shall be guilty of a summary offence and liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this section enable the harbour authority to provide in a regulatory instrument that a person, as regards any summary offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.

Byelaws relating to the burning of crop residues

58

Exceptionally high maximum fines

Power to alter exceptionally high maximum fines

59

• (1) The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

• (a) to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

• (b) to be appropriate to take account of an order altering the standard scale which has been made or is proposed to be made.

• (2) Subsection (1) above applies to any sum which—

• (a) is specified as the maximum fine which may be imposed on conviction of a summary offence; and

• (b) is higher than level 5 on the standard scale.

• (3) The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

• (a) to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

• (b) to be appropriate to take account of an order made or proposed to be made altering the statutory maximum.

• (4) Subsection (3) above applies to any sum which—

• (a) is specified as the maximum fine which may be imposed on summary conviction of an offence triable either way; and

• (b) is higher than the statutory maximum.

• (5) An order under this section—

• (a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

• (b) shall not affect the punishment for an offence committed before it comes into force.

• (6) In this section—

• “enactment” includes an enactment contained in an Act passed after this Act; and

• “subordinate instrument” includes an instrument made after the passing of this Act.

Default in payment of fines etc.

Periods of imprisonment for default

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• (1) In the Table in paragraph 1 of Schedule 4 to the Magistrates’ Courts Act 1980, for the entries relating to amounts not exceeding £10,000 there shall be substituted—

An amount not exceeding £50	5 days
An amount exceeding £50 but not exceeding £100	7 days
An amount exceeding £100 but not exceeding £400	14 days
An amount exceeding £400 but not exceeding £1,000	30 days
An amount exceeding £1,000 but not exceeding £2,000	45 days
An amount exceeding £2,000 but not exceeding £5,000	3 months
An amount exceeding £5,000 but not exceeding £10,000	6 months

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Default – procedure

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• (1) The Magistrates’ Courts Act 1980 shall be amended as follows.

• (2) The following subsections shall be added after section 77(2)—

(3) A magistrates’ court shall have power at any time to do either or both of the following— (a) to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed; (b) to vary any of the conditions on which its issue is postponed, but only if it thinks it just to do so having regard to a change of circumstances since the relevant time. (4) In this section “the relevant time” means— (a) where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and (b) in any other case, the date of the exercise or latest exercise of either or both of the powers. (5) Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting for the petty sessions area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court. (6) Where such an application is referred to the court, it shall be the duty of the clerk of the court— (a) to fix a time and place for the application to be heard; and (b) to give the applicant notice of the time and place which he fixes. (7) Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence. (8) If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.

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• (3) The following subsection shall be inserted after subsection (4) of section 82 (restriction on power to impose imprisonment for default)—

(4A) The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are— (a) a warrant of distress under section 76 above; (b) an application to the High Court or county court for enforcement under section 87 below; (c) an order under section 88 below; (d) an attachment of earnings order; and (e) if the offender is under the age of 21, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders).

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• (4) The following subsections shall be inserted after subsection (5) of that section—

(5A) A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the clerk of the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends. (5B) Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously— (a) inquired into the offender’s means; and (b) postponed the issue of the warrant of commitment under section 77(2) above. (5C) A notice under subsection (5A) above— (a) shall state the time and place appointed for the hearing; and (b) shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing, but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations. (5D) Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice. (5E) Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed. (5F) A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person.

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• (5) The following section shall be substituted for section 85—

(85) (1) Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred— (a) where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of section 77 above, since the relevant time as defined in subsection (4) of that section; and (b) in any other case, since the date of the conviction. (2) Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term. (3) In calculating the reduction in a term of imprisonment required by subsection (2) above any fraction of a day shall be left out of account. (4) Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.

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• (6) In section 121(2) (magistrates’ court to consist of at least 2 justices when holding an inquiry into the means of an offender for the purposes of section 82) after the word “above" there shall be inserted the words “or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment".

Fines on companies

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• (1) The following section shall be inserted after section 87 of the Magistrates’ Courts Act 1980—

(87A) (1) Where— (a) a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and (b) the court has issued a warrant of distress under section 76(1) above for the purpose of levying the sum; and (c) it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same, the clerk of the court may make an application in relation to the company under section 9 or 124 of the Insolvency Act 1986 (administration or winding up). (2) Any expenses incurred under subsection (1) above by the clerk of a magistrates’ court shall be treated for the purposes of Part VI of the Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee.

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• (2) The words “ or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies) ” shall be inserted—

• (a) before the words “or by all" in section 9(1) of the Insolvency Act 1986;

• (b) after the word “contributories" in section 124(1) of that Act.

Fines and other pecuniary penalties—miscellaneous

Fixed penalty notices

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

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Powers of civilian fine enforcement officers

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Fisheries offences on River Tweed

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• (1) Section 38 of the Fisheries Act 1981 (which applied certain enactments to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland) shall be deemed not to have been excluded from the operation of section 38(1) of the Criminal Justice Act 1982 (general increase of fines for summary offences) by paragraph (c) of that subsection (exclusion of offences where fine or maximum fine altered since 29th July 1977).

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

Fines imposed and recognizances forfeited by coroners

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• (1) A fine imposed by a coroner, including a fine so imposed before this section comes into force, shall be treated for the purpose of its collection, enforcement and remission as having been imposed by the magistrates’ court for the area in which the coroner’s court was held, and the coroner shall as soon as practicable after imposing the fine give particulars of the fine to the designated officer for that court.

• (2) A coroner shall proceed in the like manner under subsection (1) above in relation to a recognizance forfeited at an inquest held before him, including a recognizance so forfeited before this section comes into force, as if he had imposed a fine upon the person forfeiting that recognizance, and subsection (1) above shall apply accordingly.

Causing death by reckless driving— increased minimum disqualification period

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Forfeiture

Forfeiture general

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Forfeiture for drug offences

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In section 27(1) of the Misuse of Drugs Act 1971 (forfeiture on conviction of an offence under that Act) after the words “under this Act" there shall be inserted the words “or a drug trafficking offence, as defined in section 38(1) of the Drug Trafficking Offences Act 1986".

Part VI — Confiscation of the Proceeds of an Offence

Confiscation orders

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Making of confiscation orders

72

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Statements, etc. relevant to making confiscation orders

73

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Definition of principal terms used

74

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Enforcement, etc. of confiscation orders

Application of procedure for enforcing fines

75

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Cases in which restraint orders and charging orders may be made

76

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Restraint orders

77

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Charging orders in respect of land, securities, etc

78

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Charging orders: supplementary provisions

79

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Realisation of property

80

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Application of proceeds of realisation and other sums

81

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Exercise of powers by High Court or receiver

82

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Variation of confiscation orders

83

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Bankruptcy of defendant etc

84

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Sequestration in Scotland of defendant etc

85

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Winding up of company holding realisable property

86

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Insolvency officers dealing with property subject to restraint order

87

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Receivers: supplementary provisions

88

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Compensation

89

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Enforcement in Scotland

Recognition and enforcement of orders in Scotland

90

Supplementary

91

Inhibition and arrestment of property in Scotland

92

Proof in Scotland of High Court orders

93

Enforcement of external orders

Enforcement of Northern Ireland orders

94

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Enforcement of Northern Ireland order in Scotland

95

Enforcement of other external orders

96

• (1) Her Majesty may by Order in Council—

• (a) direct in relation to a country or territory outside the United Kingdom designated by the Order (“a designated country") that, subject to such modifications as may be specified, this Part of this Act shall apply to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there;

• (b) make—

• (i) such provision in connection with the taking of action in the designated country with a view to satisfying a confiscation order;

• (ii) such provision as to evidence or proof of any matter for the purposes of this section and section 97 below; and

• (iii) such incidental, consequential and transitional provision,

as appears to Her Majesty to be expedient; and

• (c) without prejudice to the generality of this subsection, direct that in such circumstances as may be specified proceeds which arise out of action taken in the designated country with a view to satisfying a confiscation order shall be treated as reducing the amount payable under the order to such extent as may be specified.

• (2) In this Part of this Act—

• “external confiscation order” means an order made by a court in a designated country for the purpose—

• (a) of recovering—

• (i) property obtained as a result of or in connection with conduct corresponding to an offence to which this Part of this Act applies; or

• (ii) the value of property so obtained; or

• (b) of depriving a person of a pecuniary advantage so obtained; and

• (3) An Order in Council under this section may make different provision for different cases or classes of case.

• (4) The power to make an Order in Council under this section includes power to modify this Part of this Act in such a way as to confer power on a person to exercise a discretion.

• (5) An Order in Council under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Registration of external confiscation orders

97

• (1) On an application made by or on behalf of the government of a designated country, the High Court may register an external confiscation order made there if—

• (a) it is satisfied that at the time of registration the order is in force and not subject to appeal;

• (b) it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and

• (c) it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.

• (2) In subsection (1) above “appeal” includes—

• (a) any proceedings by way of discharging or setting aside a judgment; and

• (b) an application for a new trial or a stay of execution.

• (3) The High Court shall cancel the registration of an external confiscation order if it appears to the court that the order has been satisfied by payment of the amount due under it or by the person against whom it was made serving imprisonment in default of payment or by any other means.

Miscellaneous and supplemental

Disclosure of information subject to contractual restriction upon disclosure

98

Authorisation of delay in notifying arrest etc

99

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Power to inspect Land Register, etc

100

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

Abolition of power to make criminal bankruptcy order

101

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

Part VI— Interpretation

102

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

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

103

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

Part VII — Compensation by Court and Criminal Injuries Compensation Board

Powers of court

Compensation orders

104

Enforcement of compensation orders

105

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

106

The following subsections shall be substituted for section 41(8) of the Administration of Justice Act 1970—

(8) Subject to subsection (8A) below, where in thecase specified in paragraph 10 of Schedule 9 to this Act the Crown Court thinks that the period for which the person subject to the order is liable apart from this subsection to be committed to prison for default under the order is insufficient, it may specify a longer period for that purpose; and then, in the case of default— (a) the specified period shall be substituted as the maximum for which the person may be imprisoned under section 76 of the Magistrates’ Courts Act 1980; and (b) paragraph 2 of Schedule 4 to that Act shall apply, with any necessary modifications, for the reduction of the specified period where, at the time of the person’s imprisonment, he has made part payment under the order. (8A) The Crown Court may not specify under subsection (8) above a period of imprisonment longer than that which it could order a person to undergo on imposing on him a fine equal in amount to the sum required to be paid by the order.

.

Compensation for victim out of forfeited property

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

107

The Criminal Injuries Compensation Scheme

The Criminal Injuries Compensation Board and the administration of the scheme

108

Criminal injuries

109

Qualifying injuries

110

Awards of compensation

111

Powers to withhold and reduce compen-sation

112

Right of appeal

113

Minimum awards

114

Reimbursement and recovery

115

Reimbursement and recovery in Scotland

116

Inalienability of compensation awards

117

Part VIII — Amendments of Law Relating to Juries

Abolition of peremptory challenge

118

• (1) The right to challenge jurors without cause in proceedings for the trial of a person on indictment is abolished.

• (2) In addition and without prejudice to any powers which the Crown Court may possess to order the exclusion of the public from any proceedings a judge of the Crown Court may order that the hearing of a challenge for cause shall be in camera or in chambers.

Persons aged between 65 and 70 to be eligible as jurors

119

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

Discretionary deferral of jury service

120

The following section shall be inserted after section 9 of the Juries Act 1974—

(9A) (1) If any person summoned under this Act shows to the satisfaction of the appropriate officer that there is good reason why his attendance in pursuance of the summons should be deferred, the appropriate officer may defer his attendance, and, if he does so, he shall vary the days on which that person is summoned to attend and the summons shall have effect accordingly. (2) If an application under subsection (1) above has been granted or refused, the powers conferred by that subsection may not be exercised subsequently in relation to the same summons. (3) Crown Court Rules shall provide a right of appeal to the court (or one of the courts) before which the person is summoned to attend against any refusal of the appropriate officer to defer his attendance under subsection (1) above. (4) Without prejudice to the preceding provisions of this section, the court (or any of the courts) before which a person is summoned to attend under this Act may defer his attendance.

.

Continuation of trials for murder on death or discharge of juror

121

In section 16(2) of the Juries Act 1974 (cases where trial not to proceed on death or discharge of juror without assent of prosecution and accused) the words “for murder or shall cease to have effect.

Autrefois acquit and autrefois convict

122

Where an accused pleads autrefois acquit or autrefois convict it shall be for the judge, without the presence of a jury, to decide the issue.

Part IX — Young Offenders

Custodial sentences for young offenders

123

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

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (6) The amendments and transitional provisions in Schedule 8 to this Act shall have effect.

Detention of young offenders in Scotland

124

• (1) In each of sections 207 and 415 of the Criminal Procedure (Scotland) Act 1975 for subsections (5) to (10) there shall be substituted the following subsection—

(5) A sentence of detention imposed under this section shall be a sentence of detention in a young offenders institution.

.

• (2) Subject to subsection (3) below, in any enactment—

• (a) for a reference to a detention centre there shall be substituted a reference to a young offenders institution; and

• (b) for a reference (however expressed) to a detention centre order there shall be substituted a reference to a sentence of detention in a young offenders institution.

• (3) Nothing in subsection (2) above applies—

• (a) to section 21 of the Firearms Act 1968;

• (b) to Part I of Schedule I to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980;

• (c) to section 41(2) of the Criminal Justice (Scotland) Act 1980.

• (4) The amendments and transitional provisions in Schedule 9 to this Act shall have effect.

Abolition of power of court to commit juvenile to remand centre instead of local authority care. 1969 c. 54

125

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

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

126

Payment of fine by parent or guardian

127

Supervision

128

Signature of orders relating to detention of young offenders

129

Computation of sentence—time passed in care of local authority in accommodation provided for restricting liberty. 1967 c. 80

130

• (1) At the end of section 67(1A) of the Criminal Justice Act 1967 there shall be added the words

or— (c) any period during which, in connection with the offence for which the sentence was passed, he was in the care of a local authority by virtue of an order under section 23 of the Children and Young Persons Act 1969 and in accommodation provided for the purpose of restricting liberty.

.

• (2) This section shall not have effect in relation to any sentence imposed before it comes into force.

Part X — Probation and the Probation Service, Etc.

Bail: hostel conditions

131

• (1) In section 3 of the Bail Act 1976 (grant of bail) the following subsection shall be inserted after subsection (6)—

(6ZA) Where he is required under subsection (6) above to reside in a bail hostel or probation hostel, he may also be required to comply with the rules of the hostel.

.

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

Administration of the probation service etc

132

Part XI — Miscellaneous

Miscarriages of justice

Compensation for miscarriages of justice

133

• (1) Subject to subsection (2) below, when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice, the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.

• (1ZA) For the purposes of subsection (1), there has been a miscarriage of justice in relation to a person convicted of a criminal offence in England and Wales or, in a case where subsection (6H) applies, Northern Ireland, if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence (and references in the rest of this Part to a miscarriage of justice are to be construed accordingly).

• (2) No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State

before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

• (2A) But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

• (3) The question whether there is a right to compensation under this section shall be determined by the Secretary of State.

• (4) If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.

• (4A) Section 133A applies in relation to the assessment of the amount of the compensation.

• (5) In this section “reversed” shall be construed as referring to a conviction having been quashed—

• (a) on an appeal out of time; or

• (b) on a reference—

• (i) under the Criminal Appeal Act 1995; or

• (ii) under section 194B of the Criminal Procedure (Scotland) Act 1995 (c. 46);

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

• (c) on an appeal under section 7 of the Terrorism Act 2000 or

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; or

• (f) on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011. or

• (g) on an appeal under Schedule 4 to the Counter-Terrorism and Security Act 2015; or

• (h) on an appeal under Schedule 9 to the National Security Act 2023.

• (5A) But in a case where—

• (a) a person's conviction for an offence is quashed on an appeal out of time, and

• (b) the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of this section as “ reversed ” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

• (5B) In subsection (5A) above any reference to a retrial includes a reference to proceedings held following the remission of a matter to a magistrates' court by the Crown Court under section 48(2)(b) of the Senior Courts Act 1981.

• (6) For the purposes of this section and section 133A a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.

• (6A) Subject to what follows, in the application of this section in relation to a person (“P”) convicted in Northern Ireland of a criminal offence, in subsections (1) to (4) any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

• (6B) If P is pardoned, subsection (6A) applies only if the pardon is a devolved pardon.

• (6C) Subsections (6D) to (6H) apply if—

• (a) P’s conviction is reversed or P is given a devolved pardon,

• (b) an application for compensation is made in relation to P’s conviction,

• (c) the application is made before the end of the period mentioned in subsection (2) or, if it is made after the end of that period, the Department of Justice gives a direction under subsection (2A), and

• (d) the Department of Justice has reason to believe that protected information may be relevant to the application (for example, because the court which quashed P’s conviction did not make public (in whole or in part) its reasons for quashing P’s conviction).

• (6D) The Department of Justice must refer the application to the Secretary of State who must then take a view as to whether or not any protected information is relevant to the application.

• (6E) If the Secretary of State takes the view that no protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly.

• (6F) If the Secretary of State takes the view that protected information is relevant to the application, the Secretary of State must refer the application back to the Department of Justice to be dealt with by the Department accordingly unless the Secretary of State is also of the view that, on the grounds of national security, it is not feasible for the Department (including any assessor appointed by the Department) to be provided with either—

• (a) the protected information, or

• (b) a summary of the protected information that is sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

• (6G) If the Secretary of State refers the application back to the Department of Justice under subsection (6F), the Secretary of State must provide the Department with either—

• (a) the protected information, or

• (b) a summary of the protected information that appears to the Secretary of State to be sufficiently detailed to enable the Department (including any assessor) to deal properly with the application.

• (6H) If the Secretary of State is not required to refer the application back to the Department of Justice—

• (a) subsections (3) and (4) apply to the application ignoring subsection (6A), and

• (b) any compensation payable on the application is payable by the Secretary of State.

• (6I) In this section “protected information” means information the disclosure of which may be against the interests of national security.

• (6J) In this section “devolved pardon” means—

• (a) a pardon given after the coming into force of the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010 in the exercise of powers under section 23(2) of the Northern Ireland Act 1998;

• (b) a pardon given before the coming into force of that Order which, had it been given after the coming into force of that Order, would have had to have been given in the exercise of powers under section 23(2) of the 1998 Act (ignoring article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010).

• (6K) The pardons covered by subsection (6J)(a) include pardons given in reliance on article 25(2) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.

• (7) Schedule 12 shall have effect.

Torture

Torture

134

• (1) A public official or person acting in an official capacity, whatever his nationality, commits the offence of torture if in theUnited Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another in the performance or purported performance of his official duties.

• (2) A person not falling within subsection (1) above commits the offence of torture, whatever his nationality, if—

• (a) in the United Kingdom or elsewhere he intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence—

• (i) of a public official; or

• (ii) of a person acting in an official capacity; and

• (b) the official or other person is performing or purporting to perform his official duties when he instigates the commission of the offence or consents to or acquiesces in it.

• (3) It is immaterial whether the pain or suffering is physical or mental and whether it is caused by an act or an omission.

• (4) It shall be a defence for a person charged with an offence under this section in respect of any conduct of his to prove that he had lawful authority, justification or excuse for that conduct.

• (5) For the purposes of this section “lawful authority, justification or excuse” means—

• (a) in relation to pain or suffering inflicted in the United Kingdom, lawful authority, justification or excuse under the law of the part of the United Kingdom where it was inflicted;

• (b) in relation to pain or suffering inflicted outside the United Kingdom—

• (i) if it was inflicted by a United Kingdom official acting under the law of the United Kingdom or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;

• (ii) if it was inflicted by a United Kingdom official acting under the law of any part of the United Kingdom or by a person acting in an official capacity under such law, lawful authority, justification or excuse under the law of the part of the United Kingdom under whose law he was acting; and

• (iii) in any other case, lawful authority, justification or excuse under the law of the place where it was inflicted.

• (6) A person who commits the offence of torture shall be liable on conviction on indictment to imprisonment for life.

Requirement of Attorney General’s consent for prosecutions

135

Proceedings for an offence under section 134 above shall not be begun—

• (a) in England and Wales, except by, or with the consent of, the Attorney General; or

• (b) in Northern Ireland, except by, or with the consent of, the Advocate General for Northern Ireland.

Extradition under 1870 Act

136

Extradition under Part I

137

• (1) Where—

• (a) no such arrangement as is mentioned in section 2 of the Extradition Act 1870 has been made with a State which is a party to the Torture Convention; and

• (b) general extradition arrangements have not been made with that State under Part I of this Act,

Her Majesty may by Order in Council direct that the provisions of this Act specified in subsection (2) below shall apply as between the United Kingdom and that State, subject to the limitations, restrictions, exceptions and qualifications, if any, contained in the Order, as if the Torture Convention constituted general extradition arrangements made with that State under Part I of this Act, but only in respect of the following offences—

• (i) torture;

• (ii) attempted torture;

• (iii) counselling, procuring, commanding, aiding or abetting torture; and

• (iv) being accessory before or after the fact to torture.

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

• (a) section 1(1) to (8);

• (b) sections 3 to 10; and

• (c) sections 12 to 18.

• (3) An Order in Council under this section may not provide that a court dealing with a person arrested for an offence mentioned in subsection (1) above shall not be under a duty to determine whether the evidence would be sufficient to warrant his trial if the offence had taken place within the jurisdiction of the court.

• (4) For the purposes of the provisions of this Act specified in subsection (2) above, in their application by virtue of an Order in Council under this section as between the United Kingdom and any other State, any act or omission, wherever it takes place, which constitutes—

• (a) an offence mentioned in subsection (1) above; and

• (b) an offence against the law of that State,

shall be deemed to be an offence committed within the territory of that State.

• (5) In this section “the Torture Convention” means the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the General Assembly of the United Nations on 10th December 1984.

Application to Channel Islands, Isle of Man and colonies

138

• (1) Her Majesty may by Order in Council make provision for extending sections 134 and 135 above, with such modifications and exceptions as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any colony.

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

Articles with blades or points and offensive weapons

Offence of having article with blade or point in public place

139

• (1) Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence.

• (2) Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife.

• (3) This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches.

• (4) It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.

• (5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—

• (a) for use at work;

• (b) for religious reasons; or

• (c) as part of any national costume.

• (6) A person guilty of an offence under subsection (1) above shall be liable-

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

• (b) on conviction on indictment, to imprisonment for a term not exceeding four years, or a fine, or both.

• (6ZA) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.

• (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.

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

Extension of constable’s power to stop and search

140

• (1) In section 1 of the Police and Criminal Evidence Act 1984 (powers of constable to stop and search)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (c) the following subsection shall be inserted after subsection (8)—

(8A) This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988.

.

• (2) In section 5(2)(a)(ii) of that Act (annual reports to contain total numbers of searches for offensive weapons) after the word “weapons" there shall be inserted the words “or articles to which section 1(8A) above applies".

Offensive weapons

141

• (1) Any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both.

• (1A) Any person who possesses a weapon to which this section applies in private is guilty of an offence and liable—

• (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;

• (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both;

• (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both;

• (d) on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 4 years, to a fine or to both.

• (1B) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, subsection (1A)(a) has effect as if the reference to 51 weeks were to 6 months.

• (1C) For the purposes of subsection (1A) as it has effect in relation to England and Wales, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—

• (a) a public place,

• (b) school premises,

• (c) further education premises, or

• (d) a prison.

• (1D) For the purposes of subsection (1A) as it has effect in relation to Scotland, a person possesses a weapon to which this section applies in private if the person possesses the weapon on domestic premises.

• (1E) For the purposes of subsection (1A) as it has effect in relation to Northern Ireland, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than—

• (a) a public place,

• (b) school premises, or

• (c) further education premises.

• (1F) In subsections (1C) to (1E)—

• “domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);

• “further education premises”, in relation to England and Wales, means land used solely for the purposes of—an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), ora 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;

• “further education premises”, in relation to Northern Ireland, means land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution;

• “prison” includes—a young offender institution,a secure training centre, anda secure college;

• “public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise;

• “school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by—in relation to land in England and Wales, section 4 of the Education Act 1996;in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).

• (2) The Secretary of State may by order made by statutory instrument direct that this section shall apply to any description of weapon specified in the order except—

• (a) any weapon subject to the Firearms Act 1968; and

• (b) crossbows.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The importation of a weapon to which this section applies is hereby prohibited.

• (5) It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies—

• (a) with an offence under subsection (1) or (1A) above; or

• (b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation),

to show that his conduct was only for the purposes of functions carried out on behalf of the Crown or of a visiting force.

• (6) In this section the reference to the Crown includes the Crown in right of Her Majesty’s Government in Northern Ireland; and

• “visiting force” means any body, contingent or detachment of the forces of a country—

• (a) mentioned in subsection (1)(a) of section 1 of the Visiting Forces Act 1952; or

• (b) designated for the purposes of any provision of that Act by Order in Council under subsection (2) of that section,

which is present in the United Kingdom (including United Kingdom territorial waters) or in any place to which subsection (7) below applies on the invitation of Her Majesty’s Government in the United Kingdom.

• (7) This subsection applies to any place on, under or above an installation in a designated area within the meaning of section 1(7) of the Continental Shelf Act 1964 or any waters within 500 metres of such an installation.

• (7A) It is a defence for a person charged with an offence under subsection (1A) to show that the weapon in question is one of historical importance.

• (8) It shall be a defence for any person charged in respect of any conduct of his relating to a weapon to which this section applies—

• (a) with an offence under subsection (1) above; or

• (b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

to show that the conduct in question was only for the purposes of making the weapon available to a museum or gallery to which this subsection applies.

• (8A) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery.

• (9) If the operator of, or a person acting on behalf of, a museum or gallery to which subsection (8) above applies is charged with hiring or lending a weapon to which this section applies, it shall be a defence for him to show that he had reasonable grounds for believing that the person to whom he lent or hired it would use it only for cultural, artistic or educational purposes.

• (10) Subsection (8) above applies to a museum or gallery only if it does not distribute profits.

• (11) In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.

• (11ZA) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question for educational purposes only.

• (11A) It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies—

• (a) with an offence under subsection (1) above, or

• (b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).

• (11AA) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question only for one or more of the purposes specified in subsection (11B).

• (11B) Those purposes are—

• (a) the purposes of theatrical performances and of rehearsals for such performances;

• (b) the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act);

• (c) the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act).

• (11C) For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (7A), (8), (8A), (9), (11ZA), (11A) or (11AA) if—

• (a) sufficient evidence of that matter is adduced to raise an issue with respect to it; and

• (b) the contrary is not proved beyond a reasonable doubt.

• (11D) The Secretary of State may by order made by statutory instrument—

• (a) provide for exceptions and exemptions from the offence under subsection (1) or (1A) above or from the prohibition in subsection (4) above; and

• (b) provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order.

• (11E) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.

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

• (12A) An order under this section which has the effect that possession in private of a weapon of a particular description is, or is to become, an offence under subsection (1A) may make provision—

• (a) enabling arrangements to be made for the surrender of weapons of that description;

• (b) as to the procedure to be followed in relation to the surrender of such weapons;

• (c) for the payment of compensation in respect of weapons surrendered in accordance with the arrangements;

• (d) as to the requirements that must be met by a person making a claim for compensation;

• (e) as to the procedure to be followed in respect of a claim and for the determination of a claim;

• (f) enabling a person to exercise a discretion in determining whether to make a payment in response to a claim and the amount of such a payment.

• (13) In the application of this section to Northern Ireland in subsection (2) above the reference to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland and the reference to the Firearms Act 1968 shall be construed as a reference to the Firearms (Northern Ireland) Order 2004.

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

142

• (1) If on an application made by a constable a justice of the peace (including, in Scotland, the sheriff) is satisfied that there are reasonable grounds for believing—

• (a) that there are on premises specified in the application—

• (i) knives such as are mentioned in section 1(1) of the Restriction of Offensive Weapons Act 1959; or

• (ii) weapons to which section 141 above applies; and

• (b) that an offence under section 1 of the Restriction of Offensive Weapons Act 1959 or section 141 above has been or is being committed in relation to them; and

• (c) that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises.

• (2) A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

• (3) The conditions mentioned in subsection (1)(c) above are—

• (a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

• (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the knives or weapons to which the application relates;

• (c) that entry to the premises will not be granted unless a warrant is produced;