OpenLegislation

Criminal Justice (Scotland) Act 1980 in England

1980 c. 62 · Enacted 13 November 1980 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2013.

An Act to make further provision as regards criminal justice in Scotland; and for connected purposes.

[13th November 1980] I1

Annotations to the whole text

Commencement

I1

Act not in force at Royal Assent see s. 84(2); Act wholly in force at 15. 11. 1983 (so far as not repealed or superseded)

Contents

  1. Part II: Procedure and Evidence
  2. Procedure
  3. 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. Part III: Penalties
  6. 51Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine.
  7. Part IV: Compensation by Offenders
  8. 66Application of provisions relating to fines to enforcement of compensation orders.
  9. Part VI: Miscellaneous and General
  10. 84Short title, commencement and extent.
  11. Schedule 6: Transitional Provisions
  12. 2Paragraph 2
  13. 8Paragraph 8
  14. 9Paragraph 9
  15. 10Paragraph 10
  16. Schedule 7: Minor and Consequential Amendments
  17. The Prisons (Scotland) Act 1952 (c. 61)
  18. 1Paragraph 1 Repealed
  19. 2Paragraph 2 Repealed
  20. 3Paragraph 3 Repealed
  21. 4Paragraph 4 Repealed
  22. 5Paragraph 5 Repealed
  23. 6Paragraph 6 Repealed
  24. The Criminal Justice Act 1961 (c. 39)
  25. 7Paragraph 7 Repealed
  26. 8Paragraph 8
  27. 9Paragraph 9
  28. 10Paragraph 10
  29. 11Paragraph 11
  30. 12Paragraph 12 Repealed
  31. 13Paragraph 13
  32. 14, 15Paragraph 14, 15 Repealed
  33. 16Paragraph 16
  34. 17—20Paragraph 17—20 Repealed
  35. 22Paragraph 22
  36. 23Paragraph 23 Repealed
  37. The Rehabilitation of Offenders Act 1974 (c. 53)
  38. 24Paragraph 24
  39. The Criminal Procedure (Scotland) Act 1975 (c.21)
  40. 58Paragraph 58 Repealed
  41. The Criminal Law Act 1977 (c. 45)
  42. 79Paragraph 79
  43. Schedule 8Repeals

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

51Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine.C1

After section 38 of the Criminal Law Act 1977 there shall be inserted the following section—

“ Execution in different parts of the United Kingdom of warrants for imprisonment for non-payment of fine.

38A
(1)

Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested—

(a)

in England and Wales, by any constable acting within his police area ;

(b)

in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve ;

and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest.

(2)

Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable appointed for a police area, in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine.

(3)

A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested ; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom.

(4)

An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851.

(5)

In this section—

“fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution ;

“imprisonment” includes,in the case of a person who is under the age of 21 years, detention ;

“part of the United Kingdom” means England and Wales, Scotland or Northern Ireland ;

“prison” means—

(i)

in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution ; and

(ii)

in the case of a person under that age arrested in Northern Ireland, a young offenders centre ; and

“sum adjudged to be paid by a conviction”has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964.

(6)

This section shall not apply to the arrest of persons under the age of 17 years.”.

66Application of provisions relating to fines to enforcement of compensation orders.

(1)

The provisions of the 1975 Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and sections 91 of the M1Magistrates’ Courts Act 1980 and 104B of the M2Magistrates’ Courts Act (Northern Ireland) 1964 shall be construed accordingly.

(2)

The provisions mentioned in subsection (1) above are—

  • section 194 (application to solemn procedure of summary procedure provisions relating to fines);

  • section 196 (fines etc., may be enforced in other district);

  • section 395(2) to (7) (application of money found on offender);

  • section 395A (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section;

  • section 396 (time for payment) with the omission of the words from “unless” to “its decision” in subsection (4) and of subsection (5) of that section;

  • section 397 (further time for payment);

  • section 398 (reasons for default);

  • section 399 (payment by instalments);

  • section 400 (supervision pending payment of fine);

  • section 401 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings;

  • section 402 (fines etc., may be enforced in another district);

  • section 403 (transfer of fine orders);

  • section 404 (action of clerk of court on transfer of fine order);

  • section 406 (substitution of custody for imprisonment where child defaults on fine);

  • section 407(1)(b), (1A), (1B), (1D), (2) and (4) (maximum period of imprisonment for non-payment of fine):

  • Provided that—

(a)

a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but notvice versa; and

(b)

where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of the said subsection (1A), be aggregated;

  • section 408 (discharge from imprisonment to be specified);

  • section 409 (payment of fine in part by prisoner);

  • section 411 (recovery by civil diligence); and

  • Schedule 7 (application of sums paid as part of fine under section 409).

84Short title, commencement and extent.

(1)

This Act may be cited as the Criminal Justice (Scotland) Act 1980.

C1(2)

This Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument; and different dates may be so appointed for different provisions or different purposes.

(3)

Any order under subsection (2) above may make such transitional provision as appears to the Secretary of State to be expedient in connection with the provisions thereby brought into force.

(4)

Subject to subsections (5) to (7) below, this Act extends to Scotland only.

(5)

This section and the following provisions extend to England and Wales—

  • section 22;

  • section 51;

  • section 66 for the purposes of the construction mentioned in subsection (1) of that section;

  • paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6;

  • paragraphs 6(a), 7 to 12, 24, 58 and 79 of Schedule 7; and

  • Schedule 8 so far as relating to the M1Criminal Justice Act 1961 and to section 365 of the 1975 Act.

(6)

This section, section 22, section 51, section 66 for the purposes of the construction mentioned in subsection (1) of that section, paragraphs 2, so far as relating to section 22, and 8 to 10 of Schedule 6, paragraphs 6(a), 7 to 12 and 77 of Schedule 7, and Schedule 8 so far as relating to the Criminal Justice Act 1961 extend to Northern Ireland.

(7)

This section, paragraphs 6(a) and 10 (a) of Schedule 7, and Schedule 8 so far as relating to section 32(2)(b) of the Criminal Justice Act 1961, extend to the Channel Islands and the Isle of Man.

2

A provision contained in any of sections 18(2), 19, 21, 22, 27, 30 and 39 of this Act, and any such related amendment or repeal, shall not apply in relation to a trial which has commenced before the coming into force of that provision; and, for the purposes of this paragraph, a trial shall be taken to commence—

(a)

in the case of solemn proceedings, when the oath is administered to the jury;

(b)

in the case of summary proceedings, when the first witness is sworn.

8

A provision contained in paragraph 24 of Schedule 7 to this Act shall not affect the operation of the M1Rehabilitation of Offenders Act 1974 as regards any disposal which predates the coming into force of that provision.

9

In the application of section 66 of this Act to proceedings instituted before the coming into force of the M1Magistrates’ Courts Act 1980, for the reference to section 91 of that Act in subsection (1) of the said section 66 there shall be substituted a reference to section 72B of the M2Magistrates’ Courts Act 1952.

10

In the application of section 38A of the M1Criminal Law Act 1977 to the execution of extract convictions and warrants before the coming into force of the M2Magistrates’ Courts Act 1980, for the reference to section 150(3) of the said Act of 1980 in the said section 38A there shall be substituted a reference to section 102(4) of the Magistrates’ Courts Act 1952.

1F1

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

2F1

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

3F1

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

4F1

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

5F1

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

6F1

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

7F1

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

8C1

In section 29(1) (removal for judicial purposes) after the words “young offenders centre” there shall be inserted the words “, young offenders institution ”.

9C1

In section 30(3) (prisoners unlawfully at large) after the words “young offenders centre” there shall be inserted the words “, young offenders institution ”.

10C1

In section 32(2) (extension throughout the United Kingdom of certain enactments relating to supervision and recall)—

(a)

paragraph (b) shall cease to have effect ;

(b)

in paragraph (f), the word “11” shall cease to have effect ; and

(c)

in paragraph (i) for the words “214” there shall be substituted the words “212, 214, 421”.

11C1

In section 38 (construction of references to sentence of imprisonment)—

(a)

in subsection (3)(a)—

(i)

the words “corrective training, preventive detention,” shall cease to have effect ;

(ii)

at the end there shall be added the words “or young offenders institution” ; and

(b)

in subsection (5)(a), the words “in a young offenders institution” shall cease to have effect.

12F1

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

13C1

In section 9(4)(a) (transfer between institutions), after the words “1957” there shall be inserted the words “ the Armed Forces Act 1976 ”.

14, 15

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

16C1

In section 1 (scope and general conditions of legal aid), at the end of subsection (7) there shall be added the following proviso—

“ :Provided that nothing in this section shall preclude a person from being given legal aid in connection with summary proceedings after conviction and before sentence where the court is considering a sentence of imprisonment or detention or the imposition of imprisonment, or detention, under section 396(2) of the Criminal Procedure (Scotland) Act 1975 in respect of failure to pay a fine, and he has not previously been sentenced to imprisonment, or detention as defined in section 41(2)(b) of the Criminal Justice (Scotland) Act 1980. ”..

17—20

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

22C1F1

In section 10(4) (evidence by certificate)—

(a)

after the word “Scotland” there shall be inserted “ (a) ”; and

(b)

at the end there shall be inserted the following paragraph—

“(b)

A written execution purporting to be signed by the person who served a copy of the certificate or of the notice in terms of subsection (3) above, together with, where appropriate, a post office receipt for the relative registered or recorded delivery letter shall be sufficient evidence of service of such a copy.”.

23

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

24C1

In section 5 (rehabilitation periods for particular sentences)—

(a)

in subsection (1)(d)—

(i)

after the word “life”, there shall be inserted the words “ or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975, ” ; and

(ii)

for the words “or under section 57 of the Children and Young Persons (Scotland) Act 1937 (young offenders convicted of grave crimes)” there shall be substituted the words “ (young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment) ” ;

(b)

in subsection (2), in Table B, in the first column—

(i)

for the words “57 of the said Act of 1937” there shall be substituted the words “ 206 of the Criminal Procedure (Scotland) Act 1975 ” ; and

(ii)

the words “or under section 7 of the Criminal Justice (Scotland) Act 1963” shall cease to have effect ;

(c)

in subsection (5) for paragraph (c) there shall be substituted the following paragraph—

“(c)

an order under section 413 of the Criminal Procedure (Scotland) Act 1975 committing a child for the purpose of his undergoing residential training ;” ; and

(d)

in subsection (9)—

(i)

in paragraph (a), for the words “in a young offenders institution in Scotland” there shall be substituted the words “ under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975 ” ; and

(ii)

in paragraph (b) for the words “section 57 of the said Act of 1937” there shall be substituted the words “ section 206 of the said Act of 1975 ”.

58F1 E+W+S

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

79C1

In section 39(3) (service of summonses and citations throughout the United Kingdom)—

(a)

after the word “include” there shall be inserted “ (a) ” ; and

(b)

at the end there shall be added the following paragraph—

“(b)

persons authorised by a chief officer of police in England or Wales to serve summonses there.”.

Schedule 8RepealsC1

ChapterShort titleExtent of repeal
7 Anne c. 21.The Treason Act 1708.Section 7.
39 & 40 Geo. 3. c. 93.The Treason Act 1800.The whole Act.
8 & 9 Vict. c. 33.The Railways Clauses Consolidation (Scotland) Act 1845.Section 144.
38 & 39 Vict. c. 86.The Conspiracy, and Protection of Property Act 1875.Section 11.
50 & 51 Vict. c. 35.The Criminal Procedure (Scotland) Act 1887.Schedules F and G.
55 & 56 Vict. c. 55.The Burgh Police (Scotland) Act 1892.Section 382.
F12 & 3 Geo. 5. c. 14.The Protection of Animals (Scotland) Act 1912.Section 4.
23 & 24 Geo. 5. c. 12.The Children and Young Persons Act 1933.Section 26(5).
8 & 9 Geo. 6. c. 44.The Treason Act 1945.The whole Act.
12, 13 & 14 Geo. 6. c. 94.The Criminal Justice (Scotland) Act 1949.Section 21.
Section 75(3)(e).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.The Prisons (Scotland) Act 1952.Section 7(4).
Section 19.
In section 31(4), in paragraph (i) of the proviso, the words “, section nineteen, subsections (2) to (6) of section twenty” ; and paragraph (iv) of the proviso.
Sections 32 and 33.
Section 35(5)(a).
In section 37(2), the words “Borstal institution” in both places where they occur.
8 & 9 Eliz. 2. c. 16.The Road Traffic Act 1960.Section 246.
9 & 10 Eliz. 2. c. 39. . . F2The Criminal Justice Act 1961. . . . . .
In section 32(2), paragraph (b), and in paragraph (f “11”.
In section 38, in subsection (3)(a) the words “corrective training, preventive detention,” ; and in subsection (5)(a) the words “in a young offenders institution”.
In section 39(1), in paragraph (b) of the definition of “appropriate institution”, the words “England and Wales or”.
1962 c. 52.The Penalties for Drunkeness Act 1962.In section 1(2)(a) the words “the fist paragraph of subsection (1) of section seventy of the Licensing (Scotland) Act 1903,” and in section 1(2)(b) the words “or the said section seventy”.
1963 c. 39.The Criminal Justice (Scotland) Act 1963.Section 2.
Sections 4 and 5.
Section 9(1) and (2).
Section 11.
In section 50(1), the words “(other than orders made under section 11, section 12(1) or (3) or section 22)”.
1967 c. 76.The Road Traffic Regulations Act 1967.Section 93.
1967 c. 80.The Criminal Justice Act 1967.In section 60—
in subsection (6) the words from “—(a)” to “case,” in paragraph (b); and
in subsection (8), in paragraph (c) the letter “(a)”.
In section 70(1) the words “corrective training or preventive detention”.
1968 c. 27.The Firearms Act 1968.In Schedule 6 Part II, paragraph I.
1971 c. 77.The Immigration Act 1971.In section 6(5) the words “(a) except in Scotland” ; and the words from “; and (b)” to the end.
1972 c. 20.The Road Traffic Act 1972.In Schedule 4 Part IV, paragraph 3.
1974 c. 53.The Rehabilitation of Offenders Act 1974.In section 5(2), in Table B the words “or under section 7 of the Criminal Justice (Scotland) Act 1963”.
1975 c. 14.The Social Security Act 1975.Section 147(6).
1975 c. 21.The Criminal Procedure (Scotland) Act 1975.In section 68(3) the words “where the accused pleads not guilty at the first diet”.
Section 74(3).
Sections 105 to 107.
Sections 120 to 122.
In section 141, the words “and the spouse of the accused” ; in proviso (b) the words “or the spouse of the accused” ; provisos (c) and (d) ; and in proviso (g) the words “or section 143 of this Act”.
In section 191(1) the words “under this Part of this Act”.
In section 193(2) the words from “as” to the end.
Section 195.
Sections 197 to 202.
Section 204.
Sections 208 to 211.
In section 218 the words “in a young offenders institution as defined in section 31(1)(d) of the Prisons (Scotland) Act 1952”.
In section 228, the proviso.
Section 229.
Section 232.
In section 234 in each of subsections (1) and (3) the words “or an applicant for leave to appeal” and the words “or application for leave to appeal”.
In section 236 the words “or application for leave to appeal”.
In section 240 the words “and on an application for leave to appeal”.
In section 245(3) the words “from the sheriff court”.
In section 247 the words “to give leave to appeal” and the words “or of an application for leave to appeal”.
Section 253(2).
In section 257 the words “or applicant” and in both places where they occur the words “or application for leave to appeal”.
In section 263(1) the words “or an application for leave to appeal”.
In section 265(3) the words “either upon grounds of law alone, or with the certificate of the said judge upon any grounds mentioned in section 228(b) of this Act”.
In section 272 the words “or of application for leave to appeal” ; in the three places where they occur the words “or application for leave to appeal” ; and the words “or application” in the fourth place where they occur.
In section 274(1) the words “or may be authorised” and the words “or application for leave to appeal”.
In section 277 the words “and application for leave to appeal” ; the words “or application” in both places where they occur ; the words “section 229” ; the words “section 232” ; and the words “section 233”.
In section 285, in paragraph (b), sub-paragraph (iv), and the proviso.
Section 289D(3)(c).
In section 296(5) the words “(including any continuation of diet)”.
In section 310 the word “subsequent” where it first occurs.
In section 314(3) the words “or a later”.
Section 337(e).
In section 346, the words “and the spouse of the accused”; in paragraph (b) of the proviso the words “or the spouse of the accused” ; paragraphs (c) and (d) of the proviso ; and in paragraph (g) of the proviso the words “or section 348 of this Act”.
Section 365.
In section 392(1) the words “on indictment” and the words “under Part I of this Act”.
In section 399(1), the words from “and it” to the end.
Section 405.
Section 410.
Section 411(2).
Section 414.
Sections 416 to 420.
In section 434(3) the words from “and, without” to the end.
Section 444(6).
Section 445.
In section 447(2) the words from “of the form” to “or”.
Section 448(9).
Section 454(2).
Section 460(5) and (6).
Schedule 4.
In Schedule 7B, in paragraph 1, sub-paragrahs (1)(a) and (2)(c).
In Schedule 9, paragraph 40.
1975 c. 61.The Child Benefit Act 1975.Section 11(8).
1976 c. 66.The Licensing (Scotland) Act 1976.Section 128(2).
1976 c. 67.The Sexual Offences (Scotland) Act 1976.Section 7.
Section 16.
1976 c. 71.The Supplementary Benefits Act 1976.Section 26(5).
1977 c. 45.The Criminal Law Act 1977.In Schedule 11, paragraphs 11 to 13.
1979 c. 2.The Customs and Excise Management Act 1979.Section 149(2).