Reasonable force used by a bailiff executing a possession order would not be considered unauthorised violence, so landlords can still legally regain possession through the courts. . This section abolished existing offences and repealed earlier statutes that were superseded by Part II of the Act. . . It shall not open to person convicted of an offence to appeal against the conviction on the ground that a requirement imposed by virtue of subsection (1) above was not complied with by the prosecutor. 2006/3272, art. . F48(2). . (4)In this paragraph “a consecutive sentence” means a sentence which is one of two or more sentences of imprisonment the terms of which have been ordered to run consecutively. . Offences under section 62(6) (failure to comply with a condition of the registration of an establishment). 8 para. . 5 (with Sch. 4; (3.12.2012) by 2012 c. 10, Sch. . X2The text of ss. . 39(1) substituted (1.10.2007) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 2006/536), art. . . (b)for the words “four hundred pounds” (which specify the maximum fine which the court can impose if it discharges the supervision order in a case where the offence in consequence of which the order was made is of a kind which the court has no power to try or has no power to try without appropriate consents) there shall be substituted the words “£1,000”. F168Sch. Offences under section 41(1) (assaults on constables. . 5 Pt. . . . Subsection (1) substituted sections 1 and 2 of the Road Traffic Act 1972. . 1. 2(1)(m)(u), [F31(A1)A person is guilty of an offence if he resists or intentionally obstructs any person who—, (a)is an enforcement officer, or is acting under the authority of an enforcement officer; and, (b)is engaged in executing a writ issued from the High Court.]. para. two or more offences of which at least one is subject to such a prohibition. 17 (with ss. . X18The text of ss. . (10)In the Crown Court the question whether the second condition is satisfied shall be decided by the judge alone, and shall be treated as a question of law for the purposes of—, (a)section 9(3) of the M1Criminal Justice Act 1987 (preparatory hearing in fraud cases), and. 2) Order 1977, The Criminal Law Act 1977 (Commencement No. [F130(1A)The offences mentioned in subparagraph (1)(b) above are offences under the following provisions of the Misuse of Drugs Act 1971, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—. . . For the words from “liable” to “£50” substitute “liable on summary conviction to a fine not exceeding £100”. . . 1996/2262, art.2. F16Words in s. 6(2) inserted (3.2.1995) by 1994 c. 33, s. 72(3); S.I. F2(6). (b)the person using or threatening the violence knows that that is the case. . 2009/1167, art. 1 Pt. . (1)The offence of forcible entry and any offence of forcible detainer at common law are hereby abolished for all purposes not relating to offences committed before the coming into force of this Part of this Act. View on Westlaw or start a FREE TRIAL today, Section 3, Criminal Law Act 1977, PrimarySources F192, F192Entries relating to ss. . . (3)Except where the context otherwise requires, any reference in this Act to any enactment is a reference to it as amended, and includes a reference to it as extended or applied, by or under any other enactment, including this Act. only if so requested by or on behalf of the accused; may exempt facts and matters of any prescribed description from any requirement imposed by the rules, and may make the opinion of the prosecutor material for the purposes of any such exemption; and. . 7, F100S. THAT it is an offence under S.12A (8) Criminal Law Act 1977 (as amended) to knowingly make a false statement to obtain a written statement for the purposes of S. 12A. 40, (a)an offender is serving consecutive sentences of imprisonment; and. . . Prison Act 1952 (in its application to persons for the time being in Scotland). . . by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 26(4), (with ss. (8B)A court which has orderd the forfeiture of a security under subsection (7) above may, if satisfied on an application made by or on behalf of the person who gave it that he did after all have reasonable cause for his failure to surrender to custdody, by order remit the forfeiture or declare that it extends to such amount less than the full value of the security as it thinks fit to order. (4)A person guilty of an offence under this section shall be liable—. . . . (3)In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person he was resisting or obstructing was not [F33an enforcement officer, a person acting under the authority of an enforcement officer or an officer of a court (as the case may be)] . para. . . . 2002/162, art. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. ” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; any sheriff, under sheriff, deputy sheriff, bailiff or officer of a sheriff; and, Words in s. 10 heading substituted (15.3.2004) by, Word in s. 10(1) substituted (22.4.2014) by, Words in s. 10(3) substituted (15.3.2004) by, Words in s. 10(5) inserted (15.3.2004) by, Words in s. 10(6) substituted (22.4.2014) by, S. 6(6), 7(11), 8(4), 9(7), 10(5) saved by the, References in this section to a building shall apply also to any structure other than a movable one, and to any movable structure, vehicle or vessel designed or adapted for use for residential purposes; and for the purposes of subsection (1) above—, part of a building is under separate occupation if anyone is in occupation or entitled to occupation of that part as distinct from the whole; and. (4)A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F34level 5 on the standard scale] or to both. 3), F31S. shall have effect as if it specified £50 instead (but with no change by virtue of this subsection in the maximum daily fine, if any, for which it provides). 15(3), 37, 44, 53, 58, Schs. Sch. 2E+WFor section 2(5)(b) (which requires a probation order requiring residence in an institution to specify the name of the institution as well as the required period of residence, and imposes a limit of twelve months on that period) substitute—. . 9, F48S. . . F14S. . . Paragraph 1 above shall be deemed to have had an effect as from the passing of the, Sch. . 1(2), Sch. Subject to the transitional provisions contained in this Act, the enactments specified in Schedule 13 to this Act (which include certain spent provisions) are hereby repealed to the extent specified in the third column of that Schedule. . . . (2)A person who communicates any information which he knows or believes to be false to another person with the intention of inducing in him or any other person a false belief that a bomb or other thing liable to explode or ignite is present in any place or location whatever is guilty of an offence. 2; (3.12.2012) by S.I. . . In the definitions in subsection (1) above references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of, section 22 of the Magistrates’ Courts Act 1980 (cases where value involved is small). 16. In the case of an offence triable either way the references above in this subsection to the maximum term provided for that offence are references to the maximum term so provided on conviction on indictment. I. Paragraph 9 of Schedule 6 (right of members of value added tax tribunals to refuse to serve on juries) shall cease to have effect as regards juries in England and Wales. 6: entry repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. . 2E+WParagraph 1 above shall be deemed to have had an effect as from the passing of the M45Companies Act 1967. A summons or warrant issued under this paragraph shall direct the offender to appear or to be brought before the court by which the original sentence of imprisonment was passed. (3)The second condition is that that act or other event constitutes an offence under the law in force in that country or territory. 1(2); S.I. . . . 6 para. Words in s. 1A title substituted (1.2.2010) by, Words in s. 1A(2) substituted (1.2.2010) by, S. 1A(14)-(16) substituted for s. 1A(14) (1.2.2010) by. Return to the latest available version by using the controls above in the What Version box. (b)dispatches any article by post, rail or any other means whatever of sending things from one place to another. . . . 3, 24, 44(5), 44A of the Criminal Justice Act 1967 repealed by, In section 22, as amended by paragraph 37 of Schedule 2 to the, in subsection (1) and (2) for “inferior court” substitute “magistrates’ court”; and, In section 23(2) (requirements as to bringing before a justice of the peace or court a person arrested after admission to bail), after paragraph (, Section 60 (release on license of persons serving determinate sentences) shall be amended as follows—, A licence granted to any person under this section in England and wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—. 9(2A) inserted by Diplomatic and Consular Premises Act 1987 (c. 46, SIF 68:1), s. 7(2), F28Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, F29S. 2 modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. . . . . . . . . . . . Group 39:2 ( Criminal Law: Public Safety and Order), ss. (b)confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction thereof to a fine of, or not exceeding, a specified amount less than £50 which has not been altered since the end of 1948 (and is not altered by this Act). . In the application of this Part of this Act to an agreement in the case of which each of the above conditions is satisfied, a reference to an offence is to be read as a reference to what would be the offence in question but for the fact that it is not an offence triable in England and Wales. . . . . F63Ss. . 6 Pt. . 12A(7A) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 9, C13S. Offences under section 60(3) (failure to comply with regulation. . IV, F145Entries relating to Midwives Act 1951 repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. . . . controlled drugs). the amount to which that fine may be restricted in exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed. . F1S. 54, Sch. 4. . 1(1) modified (16.10.1992) by Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), ss. This Act may be cited as the Criminal Law Act 1977. . (2)In section 289(b) for “£150” there shall be substituted “the prescribed sum (within the meaning of section 289B below)]”. (6)This section shall not apply to the arrest of persons under [F77the age of 18 years]. he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) above or (6)(a) below) or a licence to occupy those premises granted by a person with a freehold interest or a leasehold interest with not less than two years still to run in the premises; which states that he has been granted a tenancy of those premises or a licence to occupy those premises; which specifies the interest in the premises of the person who granted that tenancy or licence to occupy (“the landlord”); with respect to which the requirements in subsection (5) below are fulfilled. . 6(6) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. . 1 extended (N.I.) . in an area of fishery or oyster bed to which section applies). F222Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. Schedule 5 to this Act shall have effect for the purpose of altering the penalties available on summary conviction of certain offences triable either way not listed in, Schedule 1 to the Magistrates’ Courts Act 1980. ” means England and Wales or Northern Ireland; in the case of a person who is under the age of 21 years arrested in England and Wales, any place in which he could be detained under, Words in s. 38B(5)(a) substituted (25.8.2000) by, Words in s. 38B(6) substituted (3.2.1995) by. . 1 para. . . . 1996/2842, art. In this section “enactment” does not include an enactment contained in an order, regulation or other instument made under an Act. See how this legislation has or could change over time. . . . (b)any murder intended under the agreement shall be treated as an offence for which a maximum term of imprisonment of ten years is provided. 10, Sch. . 165, 168(1), Sch. In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(1) of the Coroners and Justice Act 2009, this section applies as if in subsection (2) for “England and Wales” there were substituted. . F25S. . 11 repealed (S.) (1.4.1996) by 1995 c. 40, ss. . . . . 11 paras. For the purposes of this and the next following paragraph, a sentence of imprisonment passed on an offender with an order under section 47(1) above shall be treated as having been passed (with such an order) by the court which originally sentenced him. 189(4); S.I. a party to the agreement, or a party’s agent, did or omitted anything in England and Wales in pursuance of the agreement. . . 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Penalty for offences under section 3 of Explosive Substances Act 1883. a summons requiring a person charged with an offence to appear before a court in England or Wales. “part of the United Kingdom” means England and Wales or Northern Ireland; in the case of a person who is under the age of 21 years arrested in England and Wales, any place in which he could be detained under [F76section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000]; and. (ii)section 56(2) (improper exportation); (iii)section 304 (fraudulent evasion of prohibition or restriction affecting goods). . . 149, F55Words repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. . 13 (with ss. . . . . (b)paragraph 5 of Schedule 6 to the Weights and Measures Act 1963 (byelaws about solid fuel), including that paragraph as extended to wood fuel by paragraph 4 of Part IV of Schedule 7 to that Act. . . 37(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. ], (2)The offences to which (as provided in section 28(8) above) section 28(2) above does not apply are—, (a)(b). . (2)Where this paragraph applies the offender shall, so far as the consecutive sentences are concerned, be treated for the purposes—, (a)of computing the date when he should be released from prison; and. . . . F159Entries relating to Nursing Homes Act 1975 repealed (E.W.) . For paragraphs (a) and (b) subtitute “on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both”. . . . Offences under section 65(4) (obstructing officer in exercise of power under section 65). . An application under subsection (8B) above may be made before or after the order for forfeiture has taken effect, but shall not be entertained unless the court is satisfied that the prosecution was given reasonable notice of the applicant’s intention to make it. . . 2009/1167, art. 1, 2), (1). . 2(4)(5), Sch. For the words from “guilty” to “twenty-five pounds” substitute “liable on summary conviction to a fine not exceeding £50”. . . (3)In the enactments to which subsection (2) above applies for any reference to £20 there shall be substituted a reference to £50 and any provision in force at the coming into force of this subsection which—, (a)is contained in any byelaw made by virtue of any enactment to which subsection (2) above applies; and. 3(a)(b) (with transitional provisions in S.I. For a person to be guilty of an offence under subsection (1) or (2) above it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief mentioned in that subsection. 7 para. . (6)There shall be defrayed out of money provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act. F21S. . X3(1)The enactments specified in column 2 of Schedule 1 to this Act, which relate to the mode of trial of, and the maximum penalties for, the offences mentioned (and broadley described) in column 1 of that Schedule (being the offences which by section 15(1)(a) above made triable only summarily instead of either way) shall have effect subject to the amendments specified in column 3 of that Schedule. . 103(3), 104(1), Sch. . Offences against any provision of the Act not specified in the Table in Part I of Schedule 4. . 1993/1975, art. . in subsection 91 (drunkeness in a public place) omit subsection (5). . . This date is our basedate. . (6)Where, by virtue of any enactment to which subsection (4) above applies by virtue of paragraph (a) of that subsection, a person convicted of a summary offence would, apart from this section, be liable to a fine, or maximum fine, of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (5) above shall apply separately in relation to each specified amount less than £50, even if this produces the same instead of different amounts for different convictions. . . . 12: entry repealed (1.1.2004) by Extradition Act 2003 (c. 41), s. 221, Sch. 2006/3272, art. . 7(2), 8 of the entries relating to the Criminal Justice Act 1967 (c. 80) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. If it appears to the Secretary of State that there has been a change in the value of money since the last occasion when the prescribed sum (within the meaning of section 289B above) was fixed (whether by the coming into force of a provision of this Act or by order under this subsection), the Secretary of State may by order substitute for that sum such other sum as appears to him justified by the change. . Most of it only applies to England and Wales. 42(6), 383(2); S.I. . (1)If it appears to the Secretary of State that there has been a change in the value of money since the last occasion when the prescribed sum (within the meaning of section 289B above) was fixed (whether by the coming into force of a provision of this Act or by order under this subsection), the Secretary of State may by order substitute for that sum such other sum as appears to him justified by the change. extend to Northern Ireland, the Channel Islands and the Isle of Man (as well as, by virtue of paragraph (a) above, to Scotland; (e)section 32(3) extends to all places (except Scotland) to which section 2 of the M33European Communities Act 1972 extends (as well as, by virtue of paragraph (a) above, to Scotland), . . 9, F52Ss. (a)shall be made by statutory instrument, and, (b)shall not be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.]. 2(4)(5), Sch. proceedings under section 1 above for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement. . I (with Sch. 18 Pt. (b)where the sentence was passed by a magistrates’ court, any magistrates’ court before which the offender appears or is brought. In subsection (1) (power of responsible Minister to order transfer of prisoner from one part of the United Kingdom to another)—, after “to another part of the United Kingdom” insert “or to any of the Channel Islands or the Isle of Man”; and. byelaws under section 76 of that Act (byelaws as to seaside pleasure boats); . . . 3(a)(b) (with transitional provisions in S.I. 1E+WWhere a court makes an order under section 47(1) above with respect to a sentence of imprisonment, it shall not make a probation order in the offender’s case in respect of another offence of which he is convicted by or before that court, or for which he is dealt with by that court. . F194, “(5A)A licence granted to any person under this section in England and wales shall, unless previously revoked under section 62 of this Act, remain in force until a date specified in the licence, being—. 1–5, 14–49, 57, 58, 60–65, Schs. . 2(1), Sch. (4). I, F128Schs. 2009/1059); S.I. . . 165, 168(1), Sch. (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. . . Where, as regards any offence to which subsection (1) above relates, there is under any enactment (in whatever words) a power by subordinate instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence—, subsection (1) above shall not affect that power or override any restriction imposed in exercise of that power; and. 3, Sch. . F67. . . . . . 2(2), Sch.2. (3)Subsection (1) above shall not affect so much of any enactment as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each day on which a continuing offence is continued after conviction or the occurrence of any other specified event. . 1, 5, 6, 7, 9, 11, 12 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 12: in the entry relating to the Powers of Criminal Courts Act 1973, paras. for “in that part of the United Kingdom” substitute “there”. 2009/812, art. A person shall not by virtue of section 1 above be guilty of conspiracy to commit any offence if he is an intended victim of that offence. . . F64, (2)—(8). X4(10)In section 67(6) of the M20Medicines Act 1968, for “£400” (which gives the maximum fine on summary conviction which can be imposed by regulations under section 66 for contravention of the regulations) there shall be substituted “£1,000”. . Subject to the following sub-paragraph the court shall proceed as if the listed offence were triable only on indictment and sections 19 to 24 of the said Act of 1977 (procedure for determining mode of trial of offences triable either way) shall not apply in relation to that offence. Offences under section 290(6) (failure to execute works). (8)In subsection (4) above “pre-1949 enactment” means an enactment passed before 1st January 1949 or an enactment passed on or after that date which (whether directly or, through successive re-enactments, indirectly) re-enacts with or without modification an enactment passed before that date. 242, 302. . 7 para. . . 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