OpenLegislation

Criminal Justice Act 1982 in Northern Ireland

1982 c. 48 · Enacted 28 October 1982 · Extends to United Kingdom

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 29 June 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 15 para. 7repealedEnvironment Act 1995 Sch. 24
Sch. 15 para. 6repealedEnvironment Act 1995 Sch. 24
s. 70repealedCriminal Justice Act 2003 Sch. 37 Pt. 9
Sch. 14 para. 60repealedCriminal Justice and Immigration Act 2008 Sch. 28 Pt. 1
s. 32(1A)(ca)words insertedCounter-Terrorism and Sentencing Act 2021 Sch. 13 para. 36
Sch. 1 Pt. 1words substitutedCrime and Policing Act 2026 Sch. 11 para. 4(2)
Sch. 1 Pt. 1words insertedCrime and Policing Act 2026 Sch. 11 para. 4(3)

An Act to make further provision as to the sentencing and treatment of offenders (including provision as to the enforcement of fines and the standardisation of fines and of certain other sums specified in enactments relating to the powers of criminal courts); to make provision for the prescribing of criteria for the placing and keeping of children in different descriptions of accommodation in community homes; to amend the law of Scotland relating to the mode of trial of certain offences and the recall of witnesses; to amend the law of England and Wales relating to the remand in custody of accused persons and to the grant of bail to persons convicted or sentenced in the Crown Court; to abolish (subject to savings) the right of a person accused in criminal proceedings under the law of England and Wales to make an unsworn statement; and for connected purposes.

[28th October 1982]

E1C1Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1

By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1991 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

Extent

E1

Act extends to England and Wales only but for exceptions to this see s. 81(2)-(13)

Contents

  1. Part I: Treatment of Young Offenders
  2. Custody and detention of persons under 21
  3. 1B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 11Provision of premises for young offenders etc.
  5. Provisions supplementary to sections 1 to 12
  6. 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. Attendance centres
  8. Sanctions against parents and guardians
  9. Part II: Partial Suspension of Sentences, Early Release, Release on Licence or Bail etc.
  10. 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  11. Part III: Fines etc.
  12. 35Abolition of enhanced penalties on subsequent conviction of summary offences under Acts of Parliament.
  13. 36Abolition of enhanced penalties under subordinate instruments.
  14. Increase of fines
  15. Application of standard scale to existing enactments
  16. 47Provisions supplementary to sections 35 to 46.
  17. Shipping and oil pollution
  18. 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  19. 50Fines for offences against regulations relating to wireless telegraphy apparatus on foreign ships and aircraft. Repealed
  20. Fine enforcement
  21. 52Reciprocal execution in England and Wales and Northern Ireland of warrants of commitment for non-payment of sum adjudged to be paid by conviction.
  22. Part V: Miscellaneous
  23. The Chief Inspectors of Prisons
  24. Courts-martial etc.
  25. 58Courts-martial and Standing Civilian Courts. Repealed
  26. 59Remand in custody in absence of accused.
  27. Deferment of sentence
  28. Persons recommended for deportation
  29. 64Persons recommended by courts for deportation.
  30. Community service
  31. 68Community service orders.
  32. 71Abolition of imprisonment for loitering and soliciting for purposes of prostitution.
  33. 73Recall of witnesses.
  34. Interpretation
  35. 74, 75Construction of references to “statutory maximum". Repealed
  36. Supplementary
  37. 76Financial provision.
  38. 77Minor and consequential amendments.
  39. 78Repeals.
  40. 79Transitional.
  41. 80Commencement.
  42. 81Citation and extent.
  43. MALICIOUS DAMAGE ACT 1861 (c. 97)
  44. OFFENCES AGAINST THE PERSON ACT 1861 (c. 100)
  45. EXPLOSIVE SUBSTANCES ACT 1883 (c. 3)
  46. INFANT LIFE (PRESERVATION) ACT 1929 (c. 34)
  47. INFANTICIDE ACT 1938 (c. 36)
  48. ...
  49. FIREARMS ACT 1968 (c. 27)
  50. THEFT ACT 1968 (c. 60)
  51. MISUSE OF DRUGS ACT 1971 (c. 38)
  52. CRIMINAL DAMAGE ACT 1971 (c. 48)
  53. ROAD TRAFFIC ACT 1972 (c. 20)
  54. CUSTOMS AND EXCISE MANAGEMENT ACT 1979 (c. 2)
  55. AVIATION SECURITY ACT 1982 (c. 36)
  56. PUBLIC ORDER ACT 1986
  57. CRIMINAL JUSTICE (INTERNATIONAL COOPERATION) ACT 1990 (c. 31)
  58. AVIATION AND MARITIME SECURITY ACT 1990 (c. 31)
  59. CHANNEL TUNNEL (SECURITY) ORDER 1994 No.570
  60. DRUG TRAFFICKING ACT 1994
  61. PROCEEDS OF CRIME ACT 2002
  62. SEXUAL OFFENCES ACT 2003
  63. DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 2004
  64. SPACE INDUSTRY ACT 2018 (c. 5)
  65. IIIOFFENCES MENTIONED IN SECTION 32(2)(c)
  66. 1Paragraph 1 Repealed
  67. 2Paragraph 2 Repealed
  68. 3Paragraph 3 Repealed
  69. 4Paragraph 4 Repealed
  70. 5Paragraph 5 Repealed
  71. 6Paragraph 6 Repealed
  72. 7Paragraph 7 Repealed
  73. 8Paragraph 8 Repealed
  74. 9Paragraph 9 Repealed
  75. 10Paragraph 10 Repealed
  76. 11Paragraph 11 Repealed
  77. 12Paragraph 12 Repealed
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. Schedule 10: Amendments of Schedule 3 to Immigration Act 1971
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 2Paragraph 2 Repealed
  88. Schedule 13: Community Service Orders—Reciprocal Arrangements
  89. Part I: . . .
  90. 1Paragraph 1 Repealed
  91. 2Paragraph 2 Repealed
  92. Part II: Reciprocal Arrangements (Scotland)—Persons Residing in England and Wales or Northern Ireland
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. Part III: Reciprocal Arrangements (Northern Ireland)—Persons Residing in England and Wales or Scotland
  98. Making an amendment of community service orders relating to persons residing in England and Wales
  99. 7Paragraph 7
  100. Making and amendment of community service orders relating to persons residing in Scotland
  101. 8Paragraph 8
  102. Community service orders relating to persons residing in England and Wales or Scotland—General
  103. 9Paragraph 9
  104. Community service orders relating to persons residing in England and Wales: interpretation
  105. 10Paragraph 10
  106. Schedule 14: Minor and Consequential Amendments
  107. ...
  108. 1Paragraph 1 Repealed
  109. Merchant Shipping Act 1894 (c. 60)
  110. 2Paragraph 2 Repealed
  111. Customs and Excise Act 1952 (c. 44)
  112. 3Paragraph 3
  113. Prison Act 1952 (c. 52)
  114. 5Paragraph 5
  115. 6Paragraph 6
  116. 7Paragraph 7
  117. 8Paragraph 8
  118. Criminal Justice Act 1961 (c. 39)
  119. 10Paragraph 10
  120. 11Paragraph 11
  121. 12Paragraph 12
  122. 13Paragraph 13
  123. 14Paragraph 14
  124. 15Paragraph 15
  125. 16Paragraph 16
  126. 17Paragraph 17
  127. Criminal Justice Act 1967 (c. 80)
  128. 22Paragraph 22
  129. Criminal Appeal Act 1968 (c. 19)
  130. 23Paragraph 23
  131. Firearms Act 1968 (c. 27)
  132. 24Paragraph 24
  133. Children and Young Persons Act 1969 (c. 54)
  134. 26Paragraph 26
  135. 27Paragraph 27
  136. Fire Precautions Act 1971 (c. 40)
  137. 29Paragraph 29
  138. Powers of Criminal Courts Act 1973 (c. 62)
  139. 30Paragraph 30
  140. 31Paragraph 31
  141. 34Paragraph 34
  142. Juries Act 1974 (c. 23)
  143. 35Paragraph 35 Repealed
  144. Rehabilitation of Offenders Act 1974 (c. 53)
  145. 36Paragraph 36
  146. 37Paragraph 37 Repealed
  147. Criminal Law Act 1977 (c. 45)
  148. 38Paragraph 38
  149. 39Paragraph 39
  150. 40Paragraph 40
  151. 41Paragraph 41
  152. Customs and Excise Management Act 1979 (c. 2)
  153. 42Paragraph 42
  154. 43Paragraph 43
  155. Child Care Act 1980 (c. 5)
  156. 44Paragraph 44
  157. Magistrates’ Courts Act 1980 (c. 43)
  158. 47Paragraph 47
  159. 49Paragraph 49
  160. 50Paragraph 50
  161. 52Paragraph 52
  162. 53Paragraph 53
  163. 54Paragraph 54
  164. 55Paragraph 55
  165. 56Paragraph 56
  166. 57Paragraph 57
  167. 58Paragraph 58
  168. 59Paragraph 59
  169. Contempt of Court Act 1981 (c. 49)
  170. 60Paragraph 60
  171. Schedule 15: Minor and Consequential Amendments Scotland
  172. Trespass (Scotland) Act 1865 (c. 56)
  173. 1Paragraph 1
  174. 2Paragraph 2 Repealed
  175. Merchant Shipping Act 1894 (c. 60)
  176. Public Health (Scotland) Act 1897 (c. 38)
  177. 6Paragraph 6
  178. 7Paragraph 7
  179. Food and Drugs (Scotland) Act 1956 (c. 30)
  180. 8Paragraph 8
  181. South of Scotland Electricity Order Confirmation Act 1956 (c. xciv)
  182. 9Paragraph 9
  183. 10Paragraph 10
  184. North of Scotland Electricity Order Confirmation Act 1958 (c. ii)
  185. 11Paragraph 11
  186. 12Paragraph 12
  187. Roads (Scotland) Act 1970 (c. 20)
  188. 13Paragraph 13
  189. Immigration Act 1971 (c. 77)
  190. 15Paragraph 15
  191. Criminal Procedure (Scotland) Act 1975 (c. 21)
  192. 17Paragraph 17
  193. 18Paragraph 18
  194. 19Paragraph 19
  195. National Health Service (Scotland) Act 1978 (c. 29)
  196. 20Paragraph 20
  197. 21Paragraph 21
  198. Water (Scotland) Act 1980 (c. 45)
  199. 23Paragraph 23
  200. 24Paragraph 24
  201. 25Paragraph 25
  202. 26Paragraph 26
  203. 27Paragraph 27
  204. 28Paragraph 28
  205. 29Paragraph 29
  206. Criminal Justice (Scotland)Act 1980 (c. 62)
  207. 30Paragraph 30
  208. Schedule 16Repeals
  209. Schedule 17: Transitional Provisions
  210. Young offenders
  211. 18Paragraph 18