References in this section to facilitating the commission of an offence include references to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.

25—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

28Punishment for firearms offences.

C1(1)

The fourth column in Part I of Schedule 6 to the M1 Firearms Act 1968 (which prescribes the maximum punishment by way of fines or imprisonment for offences under that Act) shall be amended as follows.

(2)

In the entries prescribing the punishment for offences under section 16 (possession of firearm with intent to endanger life) and section 17(1) (use of firearms to resist arrest) for the words “14 years” there shall be substituted the words “life imprisonment”.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(4)

In the entry prescribing the punishment for an offence under section 3(5) (falsifying certificate etc. with view to acquisition of firearm), where the offender has been convicted on indictment, for the words “a fine of £200” there shall be substituted the words “a fine”.

(5)

In the entries prescribing the punishment for offences under the Act where the offender has been convicted summarily—

(a)

for “£20” there shall be substituted “£50” ;

(b)

for “£50” there shall be substituted “£100” ;

(c)

for “£100” there shall be substituted “£200” ; and

(d)

for “£200” there shall be substituted “£400”.

(6)

In relation to offences under sections 16, 17(1), 17(2) and 18(1) of the said Act of 1968 a court in Scotland shall have the like power as a court in England or Wales to impose both a sentence of imprisonment and a fine. C2

29Possession of firearms by persons convicted of crime in Northern Ireland.C1

In section 21 of the M1 Firearms Act 1968 (possession of firearms and ammunition by persons previously convicted of crime) the following subsection shall be inserted after subsection (3)—

“(3A)
Where by section 19 of the Firearms Act (Northern Ireland) 1969, or by any other enactment for the time being in force in Northern Ireland and corresponding to this section, a person is prohibited in Northern Ireland from having a firearm or ammunition in his possession, he shall also be so prohibited in Great Britain at any time when to have it in his possession in Northern Ireland would be a contravention of the said section 19 or corresponding enactment”;

and in subsection (6) of that section (application to court for removal of prohibition) for the words “or (3)” there shall be substituted the words “(3) or (3A)”.

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

31Punishment for certain offences of Sunday trading.F1

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

33Extension of definition of “public place” in Public Order Act 1936.C1 E+W+S

For the definition of “public place” in section 9(1) of the M1 Public Order Act 1936 there shall be substituted—

“Public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise ”.

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

51Execution of process between England and Wales and Scotland. E+W+S

F1(1)

Where in any proceedings brought, or proposed to be brought, in respect of any person in pursuance of section 1 of the M1 Children and Young Persons Act 1969 (care proceedings in F2 youth court) it is, or is to be, alleged that the condition set out in subsection (2)(f) of that section is satisfied (guilty of an offence), any warrant issued under section 2(4) of that Act for the purpose of securing the attendance of that person before the court in which the proceedings are brought or proposed to be brought may, if it is endorsed with a statement that such an allegation as aforesaid is, or is to be, made in the proceedings, be executed in Scotland by any constable appointed for a police area in like manner as a warrant issued in Scotland for the arrest of a person charged with an offence.

(2)

Where a warrant is issued for the apprehension of a child in pursuance of Part III of the M2Social Work (Scotland) Act 1968, that warrant may be executed in England and Wales in like manner as a warrant issued in Scotland for the apprehension of a person charged with an offence, and F3sections 17(1) and 325(1) of the M3Criminal Procedure (Scotland) Act 1975 shall apply accordingly.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

F5(4)

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

52—57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

58Amendment of Police (Property) Act 1897.C1

In section 1(1) of the M1 Police (Property) Act 1897 (which makes provision for the disposal of property which has come into the possession of the police in connection with any criminal charge) for the words “with any criminal charge” there shall be substituted the words “with their investigation of a suspected offence”.

59Abolition of duty to re-convey certain prisons to local authorities.F1

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

61, 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

63†Powers of Parliament of Northern Ireland.C1

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 Her Majesty may by Order in Council make provision in relation to Northern Ireland for corresponding purposes; and any Order under this section may be varied or revoked by a further Order.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

64Minor and consequential amendments and repeals.C1

(1)

The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2)

The enactments specified in Schedule 6 to this Act (which include certain spent provisions) are hereby repealed to the extemt specified in the third column of that Schedule.

66Citation, interpretation, commencement and extent.

(1)

This Act may be cited as the Criminal Justice Act 1972.

F1(2)

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

F2(3)

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

(4)

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

(5)

Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any other enactment, including this Act.

(6)

This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be so appointed for different provisions:

F3. . .

(7)

In this Act—

(a)

sections 23, 24, 28, 29, 30, 33, 35, 51 and this section, F4... section 64(1) and Schedule 5 so far as they relate to the M1Road Traffic Act 1972 and section 64(2) and Schedule 6 so far as they relate to the M2Summary Jurisdiction (Scotland) Act 1908 and the M3Firearms Act 1968, extend to Scotland;

(b)

section 63 and this section extend to Northern Ireland;

(c)

section 64(1) and Schedule 5 so far as they relate to the M4Petty Sessions (Ireland) Act 1851 extend to Scotland, Northern Ireland, the Channel Islands and the Isle of Man;

but, save as aforesaid, this Act extends to England and Wales only.

In the M1Petty Sessions (Ireland) Act 1851—

(a)

in sections 27 and 29 for the words “county inspector” (wherever occurring) there shall be substituted the words “chief superintendent of police” ; and

(b)

in section 44, for the words from “ “county inspector” shall” to “rank of county inspector” there shall be substituted the words “ “chief superintendent of police” means an officer of the Royal Ulster Constabulary having the rank of chief superintendent”.

In section 2(4) of the M1Incitement to Disaffection Act 1934 for the words from “and subject as aforesaid” onwards there shall be substituted the words “and, in relation to property which has come into the possession of the police under this section, the M2Police (Property) Act 1897 (which makes provision with respect to the disposal of property in the possession of the police) shall have effect subject to the foregoing prrovisions of this subsection and to the provisions of this Act conferring powers on courts dealing with offences”.

In section 1(2) of the M1Dogs Amendment Act 1938 for the words “fourteen days from the date of the order” there shall be substituted the words “the period within which notice of appeal to the Crown Court may be given against the order”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

In section 6(3)(b) of the M1Immigration Act 1971 for the words “first offenders” there shall be substituted the words “persons who have not previously been sentenced to imprisonment”.

IIOTHER REPEALS

Chapter	Short Title	Extent of Repeal
33 & 34 Vict. c. 23.	The Forfeiture Act 1870.	Section 4.
8 Edw. 7. c. 65.	The Summary Jurisdiction (Scotland) Act 1908.	In section 77(4) the words “forty-four”.
1 & 2 Geo. 5. c. 27.	The Protection of Animals Act 1911.	Section 4.
16 &17 Geo. 5. c. 60.	The Legitimacy Act 1926.	In the Schedule, in paragraph 6, the words from “and any sum” onwards.
11 & 12 Geo. 6. c. 58.	The 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 on paragraph 3(6) the words “in individual cases”.
12, 13 & 14 Geo. 6. c. 101.	The 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.	The Costs in Criminal Cases Act 1952.	In section 17, in subsection (1) the definition of “prosecutor” and subsection (4).
16 & 17 Geo. 6. & 1 Eliz. 2. c. 55.	The Prison Act 1952.	Section 38 except as provided in section 59 of this Act.
15 & 16 Geo. 6. c. 55.	The Magistrates’ Courts Act 1952.	Section 34.
1 & 2 Eliz. 2. c. 20.	The Births and Deaths Registration Act 1953.	Section 38(2).
2 & 3 Eliz. 2. c. 70.	The Mines and Quarries Act 1954.	Section 167.
3 & 4 Eliz. 2. c. 18.	The Army Act 1955.	Section 221.
3 & 4 Eliz. 2. c. 19.	The Air Force Act 1955.	Section 219.
5 & 6 Eliz. 2. c. 53.	The Naval Discipline Act 1957.	Section 100(3).
6 & 7 Eliz. 2. c. 31.	The First Offenders Act 1958.	The whole Act.
7 & 8 Eliz. 2. c. 22.	The County Courts Act 1959.	Section 181.
8 & 9 Eliz. 2. c. 16.	The Road Traffic Act 1960.	Section 147(1).
9 & 10 Eliz. 2. c. 15.	The Post Office Act 1961.	Section 24(2).
9 & 10 Eliz. 2. c. 34.	The Factories Act 1961.	In section 164(6) the words from the beginning to “Exchequer ; and”.
9 & 10 Eliz. 2. c. 39.	The Criminal Justice Act 1961.	Section 8(4).
1963 c. 39.	The Criminal Justice (Scotland) Act 1963.	In Schedule 5 the amendment of the First Offenders Act 1958.
1964 c. 42.	The 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.	The Severn Bridges Tolls Act 1965.	Section 20(4).
1967 c. 10.	The Forestry Act 1967.	Section 46(6).
1967 c. 58.	The Criminal Law Act 1967.	In Schedule 2, paragraph 9.
1967 c. 76.	The Road Traffic Regulation Act 1967.	Section 94(1).
1967 c. 80.	The 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.	The Sea Fisheries (Shellfish) Act 1967.	Section 19(3).
1968 c. 27.	The 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.	The Theft Act 1968.	Section 26(4).
1969 c. 54.	The Children and Young Persons Act 1969.	In Schedule 5, paragraph 1.
1970 c. 31.	The Administration of Justice Act 1970.	Section 50(a).
		In Schedule 9, in pargarah 12, the word “damages”.
1971 c. 10.	The Vehicles (Excise) Act 1971.	Section 35(1).
1971 c. 23.	The 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.	The Criminal Damage Act 1971.	Section 791).
		Section 8.
1971 c. 77.	The 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.	The Road Traffic Act 1972.	Section 185(1).

Criminal Justice Act 1972 in Scotland

Contents

23 E+W+S

24Driving disqualification where vehicle used for purposes of crime. E+W+S

33Extension of definition of “public place” in Public Order Act 1936.C1 E+W+S

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

51Execution of process between England and Wales and Scotland. E+W+S