Criminal Justice Act 1972
Act of the Parliament of the United Kingdom
From Wikipedia, the free encyclopedia
The Criminal Justice Act 1972 (c. 71) is an act of the Parliament of the United Kingdom that made further provision for the administration of criminal justice, the criminal courts and the penal system in England and Wales, including new methods of dealing with offenders such as compensation orders and criminal bankruptcy orders.[1]
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| Act of Parliament | |
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| Long title | An Act to make further provision with respect to the administration of criminal justice, the criminal courts and the penal system, and to the methods of dealing with offenders (including the provision of new methods); to amend the law about qualification for jury service, the summoning of jurors and the payment of allowances in respect of jury service; to increase the penalties for certain offences and amend section 21 of the Firearms Act 1968 and section 9 of the Public Order Act 1936; and for purposes connected with those matters. |
|---|---|
| Citation | 1972 c. 71 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 26 October 1972 |
| Commencement | 1 January 1973 (various provisions)[c] |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by |
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Status: Partially repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
| Text of the Criminal Justice Act 1972 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Provisions
The act introduced compensation orders, enabling courts to require convicted persons to pay compensation for personal injury, loss or damage resulting from an offence, and restitution orders in respect of stolen property. It also introduced criminal bankruptcy orders, empowering the Crown Court to make a bankruptcy order against an offender where loss or damage exceeding a specified amount had resulted from the offence. Section 36 introduced the procedure whereby the Attorney General may refer a point of law to the Court of Appeal following an acquittal on indictment, a mechanism that remains in current use as the "Attorney General's Reference" procedure. The act also amended the law on jury service, increased penalties for certain firearms and public order offences, and made minor and consequential amendments to earlier enactments.[2]
Repealed enactments
Section 64(2) of the act repealed 66 enactments, listed in parts I and II of schedule 6 to the act.[2]
Part I: Juries
| Citation | Short title | Extent of repeal |
|---|---|---|
| 31 Geo. 3. c. 32 | Roman Catholic Relief Act 1791 | In section 8 the words "from serving upon any jury or". |
| 6 Geo. 4. c. 50 | Juries Act 1825 | Sections 1, 27 and 50. |
| 33 & 34 Vict. c. 77 | Juries Act 1870 | Sections 4, 5, 7 to 10, 25 and the Schedule. |
| 53 & 54 Vict. c. 21 | Inland Revenue Regulation Act 1890 | In section 8, the words "or on any jury or inquest whatsoever". |
| 53 & 54 Vict. c. ccxliii | London County Council (General Powers) Act 1890 | Section 26. |
| 7 Edw. 7. c. cxl | City of London (Union of Parishes) Act 1907 | Section 26. |
| 9 & 10 Geo. 5. c. 71 | Sex Disqualification (Removal) Act 1919 | In section 1 the words "and a person shall not be exempted by sex or marriage from the liability to serve as a juror". |
| In section 4(2) the words from "and any enactment relating to juries" onwards. | ||
| 9 & 10 Geo. 5. c. 92 | Aliens Restriction (Amendment) Act 1919 | Section 8. |
| 12 & 13 Geo. 5. c. 11 | Juries Act 1922 | The whole act. |
| 19 & 20 Geo. 5. c. 17 | Local Government Act 1929 | Section 79(1). |
| 11 & 12 Geo. 6. c. 65 | Representation of the People Act 1948 | In Schedule 10, Part II, paragraph 7(2). |
| 12, 13 & 14 Geo. 6. c. 86 | Electoral Registers Act 1949 | Section 3(1). |
| Schedule 2. | ||
| 14 & 15 Geo. 6. c. 53 | Midwives Act 1951 | Section 22. |
| 15 & 16 Geo. 6 & 1 Eliz. 2. c. 44 | Customs and Excise Act 1952 | In section 2(1) the words "or on any jury whatsoever". |
| 1 & 2 Eliz. 2. c. 50 | Auxiliary Forces Act 1953 | In section 39(3) the words "and shall be exempt from serving on any jury" and the proviso. |
| 2 & 3 Eliz. 2. c. 70 | Mines and Quarries Act 1954 | Section 144(5). |
| 3 & 4 Eliz. 2. c. 18 | Army Act 1955 | Section 183. |
| 3 & 4 Eliz. 2. c. 19 | Air Force Act 1955 | Section 183. |
| 5 & 6 Eliz. 2. c. 28 | Dentists Act 1957 | In section 32, in subsection (1), the words "serving on all juries and inquests whatsoever and from"; subsection (2). |
| 9 & 10 Eliz. 2. c. 34 | Factories Act 1961 | Section 145(5). |
| 10 & 11 Eliz. 2. c. xlii | British Transport Commission Act 1962 | Section 43(2). |
| 1964 c. 42 | Administration of Justice Act 1964 | Section 21. |
| Schedule 3 paragraph 13. | ||
| 1964 c. 48 | Police Act 1964 | In Schedule 9, the entry relating to the Juries Act 1870. |
| 1965 c. 16 | Airports Authority Act 1965 | Section 10(5). |
| 1966 c. 36 | Veterinary Surgeons Act 1966 | Section 24(1). |
| 1967 c. 80 | Criminal Justice Act 1967 | Sections 14 to 16. |
| 1968 c. xxxii | Port of London Act 1968 | Section 154(4). |
| In Schedule 2, Part I, paragraph 14. | ||
| 1970 c. 9 | Taxes Management Act 1970 | Section 5(2). |
| 1971 c. 23 | Courts Act 1971 | In section 31, in subsection (3), the words from "and in section 1" onwards; and subsection (7). |
| Section 33(3). | ||
| In Schedule 4, paragraphs 1 and 2. | ||
| In Schedule 8, paragraphs 11 and 50. |
Part II: Other Repeals
| Citation | Short title | Extent of repeal |
|---|---|---|
| 33 & 34 Vict. c. 23 | Forfeiture Act 1870 | Section 4. |
| 8 Edw. 7. c. 65 | Summary Jurisdiction (Scotland) Act 1908 | In section 77(4) the words "forty-four". |
| 1 & 2 Geo. 5. c. 27 | Protection of Animals Act 1911 | Section 4. |
| 16 & 17 Geo. 5. c. 60 | Legitimacy Act 1926 | In the Schedule, in paragraph 6 the words from "and any sum" onwards. |
| 11 & 12 Geo. 6. c. 58 | Criminal Justice Act 1948 | Section 11(2). |
| Section 14(2). | ||
| In section 77(3), the proviso. | ||
| In section 80(6) the word "damages". | ||
| In Schedule 1, in paragraph (b) of the proviso to paragraph 3, the words "or to submit to treatment for his mental condition". | ||
| In Schedule 5, in paragraph 2(1)(a), the words from "and, if the order so provides" onwards; paragraph 3(4); and in paragraph 3(6) the words "in individual cases". | ||
| 12, 13 & 14 Geo. 6. c. 101 | Justices of the Peace Act 1949 | In section 27, in subsection (5) the words "and any question whether expenditure was properly incurred shall also be so determined"; and subsections (10)(a) and (11). |
| Section 28. | ||
| 15 & 16 Geo. 6 & 1 Eliz. 2. c. 48 | Costs in Criminal Cases Act 1952 | In section 17, in subsection (1) the definition of "prosecutor" and subsection (4). |
| 15 & 16 Geo. 6 & 1 Eliz. 2. c. 52 | Prison Act 1952 | Section 38 except as provided in section 59 of this act. |
| 15 & 16 Geo. 6. c. 55 | Magistrates' Courts Act 1952 | Section 34. |
| 1 & 2 Eliz. 2. c. 20 | Births and Deaths Registration Act 1953 | Section 38(2). |
| 2 & 3 Eliz. 2. c. 70 | Mines and Quarries Act 1954 | Section 167. |
| 3 & 4 Eliz. 2. c. 18 | Army Act 1955 | Section 221. |
| 3 & 4 Eliz. 2. c. 19 | Air Force Act 1955 | Section 219. |
| 5 & 6 Eliz. 2. c. 53 | Naval Discipline Act 1957 | Section 100(3). |
| 6 & 7 Eliz. 2. c. 31 | First Offenders Act 1958 | The whole act. |
| 7 & 8 Eliz. 2. c. 22 | County Courts Act 1959 | Section 181. |
| 8 & 9 Eliz. 2. c. 16 | Road Traffic Act 1960 | Section 247(1). |
| 9 & 10 Eliz. 2. c. 15 | Post Office Act 1961 | Section 24(2). |
| 9 & 10 Eliz. 2. c. 34 | Factories Act 1961 | In section 164(6) the words from the beginning to "Exchequer; and". |
| 9 & 10 Eliz. 2. c. 39 | Criminal Justice Act 1961 | Section 8(4). |
| 1963 c. 39 | Criminal Justice (Scotland) Act 1963 | In Schedule 5 the amendment of the First Offenders Act 1958. |
| 1964 c. 42 | Administration of Justice Act 1964 | Section 22(2)(a). |
| In Schedule 3, paragraph 19(4) and in paragraph 20(7) the words from "and in section 27(2)" onwards. | ||
| 1965 c. 24 | Severn Bridge Tolls Act 1965 | Section 20(4). |
| 1967 c. 10 | Forestry Act 1967 | Section 46(6). |
| 1967 c. 58 | Criminal Law Act 1967 | In Schedule 2, paragraph 9. |
| 1967 c. 76 | Road Traffic Regulation Act 1967 | Section 94(1). |
| 1967 c. 80 | Criminal Justice Act 1967 | Section 39(3) to (6). |
| In section 47(10) the words "and as being Exchequer moneys". | ||
| In section 54(5) the words from "and the maximum fine" onwards. | ||
| In section 60(2), the words "between conviction and sentence". | ||
| 1967 c. 83 | Sea Fisheries (Shellfish) Act 1967 | Section 19(3). |
| 1968 c. 27 | Firearms Act 1968 | In Schedule 6, in column 4 of Part I, in the entries relating to sections 16, 17(1) and (2) and 18(1), the words "in England or Wales". |
| 1968 c. 60 | Theft Act 1968 | Section 26(4). |
| 1969 c. 54 | Children and Young Persons Act 1969 | In Schedule 5, paragraph 1. |
| 1970 c. 31 | Administration of Justice Act 1970 | Section 50(a). |
| In Schedule 9, in paragraph 12, the word "damages". | ||
| 1971 c. 10 | Vehicles (Excise) Act 1971 | Section 35(1). |
| 1971 c. 23 | Courts Act 1971 | Section 53(2)(b). |
| In Schedule 8 paragraph 43(2) and, in paragraph 48(a), the reference to section 73(5). | ||
| 1971 c. 48 | Criminal Damage Act 1971 | Section 7(1). |
| Section 8. | ||
| 1971 c. 77 | Immigration Act 1971 | In Schedule 2, in paragraph 23(3) the words "and as being Exchequer moneys", and the same words in paragraph 31(4). |
| 1972 c. 20 | Road Traffic Act 1972 | Section 185(1). |
Subsequent developments
The act has been amended and partially repealed by numerous subsequent enactments. Section 48, concerning proceedings under the Indecency with Children Act 1960, was repealed by schedule 7 to the Sexual Offences Act 2003.[3] Section 49, on community service orders in lieu of a warrant of commitment for failure to pay a fine, was repealed by the Crime and Disorder Act 1998.[4] Section 31 (punishment for certain offences of Sunday trading) and section 59 (abolition of duty to re-convey certain prisons to local authorities), together with the proviso to section 66(6) and words in section 66(7)(a), were repealed by the Statute Law (Repeals) Act 2008.[5] Section 24(3) was repealed by the Road Safety Act 2006.[6] Section 60, on powers of entry in connection with the acquisition of land for prisons, was omitted by the Housing and Planning Act 2016.[7] Section 51(4), on the execution of process between England and Wales and Scotland, was omitted by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018.[8]
Section 46, on the admissibility of written statements made outside England and Wales, was substantially repealed by the Criminal Justice and Public Order Act 1994 and the Criminal Procedure and Investigations Act 1996, with the provisions inserted by the latter subsequently repealed by the Criminal Justice Act 2003.[9] Section 36, which provides for references by the Attorney General to the Court of Appeal of a point of law following an acquittal on indictment, remains in force and continues to be used as the "Attorney General's Reference" procedure; it has been amended by the Constitutional Reform Act 2005 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012.[10]
Notes
- Section 66(1).
- Section 66(4). Certain specified provisions also extend to Scotland, Northern Ireland, the Channel Islands and the Isle of Man.