UK Act of Parliament 1988 United Kingdom

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal …

Enforced by
BBFC
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 6 of 13 obligations carry an unlimited fine. 3 carry different penalties and 4 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person9

Plus 4 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

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Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Extradition

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 2

Documentary Evidence in Criminal Proceedings

2 of 6 sections shown
s.025 Principles to be followed by court. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Courts must weigh fairness and reliability before admitting hearsay statementsTribunal / Court
s.026 Statements in documents that appear to have been prepared for purposes of criminal proceedings or investigations. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Court must not admit statements prepared for proceedings without leaveTribunal / Court
4 other sections in this Part — procedural and definitional
Part 3

Other Provisions about Evidence in Criminal Proceedings

0 of 9 sections shown
Part 4

Reviews of Sentencing

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 5

Jurisdiction, Imprisonment, Fines, Etc.

4 of 35 sections shown
s.037 Certain either way offences relating to motor vehicles to be summary offences. (opens in a new tab) Imprisonment
  • Take motor vehicle or conveyance without authorityAny Person
s.039 Common assault and battery to be summary offences. (opens in a new tab) Imprisonment
  • Commit common assault or batteryAny Person
s.061 Default – procedure. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Magistrates' court must follow fair procedure before issuing warrant for unpaid finesTribunal / Court
31 other sections in this Part — procedural and definitional
s.039 Time limit for prosecution of common assault or battery in domestic abuse cases
Part 6

Confiscation of the Proceeds of an Offence

3 of 50 sections shown
47 other sections in this Part — procedural and definitional
s.072 Postponed determinations.
s.072 Confiscation relating to a course of criminal conduct.
s.073 Provision of information by defendant.
s.074 Review of cases where proceeds of crime not assessed.
s.074 Revision of assessment of proceeds of crime.
s.074 Revision of assessment of amount to be recovered.
s.075 Interest on sums unpaid under confiscation orders.
s.093 Assisting another to retain the benefit of criminal conduct.
s.093 Acquisition, possession or use of proceeds of criminal conduct.
s.093 Concealing or transferring proceeds of criminal conduct.
s.093 Tipping-off.
s.093 Application of sections 93A to 93D to Scotland.
s.093 Prosecution by order of the Commissioners of Customs and Excise.
s.093 Extension of certain offences to Crown servants and exemptions for regulators etc.
s.093 Order to make material available.
s.093 Authority for search.
s.093 Disclosure of information held by government departments.
Part 7

Compensation by Court and Criminal Injuries Compensation Board

3 of 14 sections shown
Part 8

Amendments of Law Relating to Juries

1 of 5 sections shown
Part 9

Young Offenders

4 of 8 sections shown
Part 10

Probation and the Probation Service, Etc.

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 11

Miscellaneous

33 of 48 sections shown
s.133 Miscarriages of justice: amount of compensation

amended 31 times

s.133 Cases where person has been detained for at least 10 years

amended 31 times

s.134 Torture. (opens in a new tab) Prosecution
  • Inflict torture in an official capacityAny Person

Unlimited fine

s.139 Offence of having article with blade or point in public place. (opens in a new tab) Prosecution
  • Carry bladed article in public without good reasonAny Person

Unlimited fine · amended 5 times (opens in a new tab)

s.139 Offence of having article with blade or point (or offensive weapon) on education premises. Prosecution
  • Carry blade, point or offensive weapon on school premisesAny Person

Unlimited fine · amended 5 times

s.139 Offence of threatening with article with blade or point or offensive weapon

amended 5 times

s.139 Offences under sections 139 and 139A: previous relevant convictions

amended 5 times

s.139 Power of entry to search for articles with a blade or point and offensive weapons.

amended 5 times

s.141 Offensive weapons. (opens in a new tab) Prosecution
  • Deal in offensive weaponsAny Person

Unlimited fine · amended 44 times (opens in a new tab)

s.141 Sale of knives and certain articles with blade or point to persons under sixteen. Imprisonment
  • Sell bladed article to person under 18Any Person

6 months imprisonment · amended 44 times

s.141 Limitations on defence to offence under section 141A: England and Wales

amended 44 times

s.141 Defence to offence under section 141A where remote sale or letting on hire: Scotland

amended 44 times

s.141 Application of section 141 to swords: further provision

amended 44 times

s.141 Importation of offensive weapons: prohibition

amended 44 times

s.141 Prohibition on importation of offensive weapons: exceptions

amended 44 times

s.141 Prohibition on importation of offensive weapons: burdens of proof

amended 44 times

s.160 Marriage and other relationships

amended 9 times

s.161 Possession of indecent photographs of children: Scotland. (opens in a new tab) Prosecution
  • Possess indecent photograph of a childAny Person

Unlimited fine

15 other sections in this Part — procedural and definitional
Part 12

General and Supplementary

2 of 6 sections shown
Schedules

Schedules

1 of 215 shown
s.sch010 Duty of court to state in certain cases that requirement in place of custodial sentence. Regulated
Other duties (1) — Crown / regulator
  • Court must state and certify when imposing supervision order instead of custodial sentenceTribunal / Court
214 other schedules
s.sch002 Where a statement is admitted as evidence in criminal proceedings...
s.sch002 A statement which is given in evidence by virtue of...
s.sch002 In estimating the weight, if any, to be attached to...
s.sch002 Without prejudice to the generality of any enactment conferring power...
s.sch002 Expressions used in Part II of this Act and in...
s.sch002 In Part II of this Act “confession has the meaning...
s.sch003 Notice of an application for leave to refer a case...
s.sch003 The term of any sentence passed by the Court of...
s.sch003 (1) Where on a reference to the Court of Appeal...
s.sch003 In the application of this Schedule to Northern Ireland—
s.sch003 If the registrar of criminal appeals is given notice of...
s.sch003 Rules of court may enable a person to whose sentencing...
s.sch003 An application to the Court of Appeal for leave to...
s.sch003 The time during which a person whose case has been...
s.sch003 Except as provided by paragraphs 7 and 8 below, a...
s.sch003 A person in custody shall not be entitled to be...
s.sch003 The power of the Court of Appeal to pass sentence...
s.sch003 A person whose sentencing is the subject of a reference...
s.sch004 The Secretary of State may by order made by statutory...
s.sch004 A statutory instrument containing an order under paragraph 1 above...
s.sch005 The Drug Trafficking Offences Act 1986 shall be amended as...
s.sch005 The following section shall be inserted after that section— Insolvency...
s.sch005 In subsection (2) of section 18 (receivers: supplementary provisions) for...
s.sch005 In section 19 (compensation)— (a) in paragraph (b)(i) of subsection...
s.sch005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch005 (1) The following paragraph shall be substituted for subsection (1)(d)...
s.sch005 The following sections shall be substituted for section 26— Enforcement...
s.sch005 The following subsections shall be substituted for subsections (12) and...
s.sch005 In section 40(4) (effect of Act in Scotland), in paragraph...
s.sch005 The Criminal Justice (Scotland) Act 1987 shall be amended as...
s.sch005 In section 1 (confiscation orders) in paragraph (b) of subsection...
s.sch005 In section 7 (cases in which restraint orders and charging...
s.sch005 In subsection (6)(a) of section 11 (which applies the provisions...
s.sch005 In subsection (3) of section 16 (application of proceeds of...
s.sch005 In section 34(6)(d) (bankruptcy in England and Wales of person...
s.sch005 In subsection (5) of section 38 (order to permit entry...
s.sch005 (1) The following subsection shall be inserted after subsection (5)...
s.sch005 (1) The following paragraphs shall be substituted for subsection (3)(a)...
s.sch005 Subsection (1) of section 10 of that Act (charging orders:...
s.sch005 (1) Section 12 (application of proceeds of realisation and other...
s.sch005 In section 15 (bankruptcy of defendant etc.)—
s.sch005 (1) Section 16 (sequestration in Scotland of defendant etc.) shall...
s.sch005 In subsection (1) of section 17 (winding up of company...
s.sch008 In any enactment for a reference to a detention centre...
s.sch008 The following paragraph shall be inserted after paragraph (b) of...
s.sch008 (1) Where— (a) before the date on which section 1A...
s.sch008 An offender who was sentenced to youth custody on a...
s.sch008 A person who at the commencement of section 1A of...
s.sch008 Rules under section 47 of the Prison Act 1952 may...
s.sch008 Where on the commencement of section 1A of the Criminal...
s.sch008 Nothing in this Act affects any right of appeal against...
s.sch008 In any enactment except— (a) section 21 of the Firearms...
s.sch008 (1) In any enactment except— (a) Part II of Schedule...
s.sch008 In subsection (6) – (a) of section 71AA of the...
s.sch008 In sub-paragraph (6) of paragraph 10— (a) of Schedule 5A...
s.sch008 In section 21(1) and (2) of the Firearms Act 1968...
s.sch008 In section 13(7)(a)(ii) of the Employment Agencies Act 1973 for...
s.sch008 In Part I of Schedule 1 to the Juries Act...
s.sch008 In section 5 of the Rehabilitation of Offenders Act 1974...
s.sch009 . . . . . . . . . ....
s.sch009 In subsection (6)— (a) of section 71AA of the Army...
s.sch009 In sub-paragraph (6) of paragraph 10— (a) of Schedule 5A...
s.sch009 In paragraph (b) of Part II (Persons Disqualified) of Schedule...
s.sch009 In section 41(2)(b)(ii) of the Criminal Justice (Scotland) Act 1980...
s.sch009 An Offender who was ordered to be detained in a...
s.sch009 A person who at the commencement of section 124 of...
s.sch009 Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation...
s.sch010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch010 Power to include requirements in supervision orders.
s.sch010 Young offenders.
s.sch010 Requirements as to mental treatment.
s.sch010 Requirements as to education.
s.sch010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch010 The amendments of the Children and Young Persons Act 1969...
s.sch010 Application of sections 17 to 19 of Criminal Justice Act...
s.sch011 Schedule 3 to the Powers of Criminal Courts Act 1973...
s.sch011 In paragraph 4— (a) in sub-paragraph (1), for the word...
s.sch011 The following paragraphs shall be inserted after paragraph 6—
s.sch011 Paragraph 7 shall cease to have effect.
s.sch011 The following paragraph shall be substituted for paragraph 10(3)(a)—
s.sch011 The following paragraph shall be inserted after paragraph 18(1)(a)—
s.sch011 In paragraph (l) of section 12(2) of the Local Government...
s.sch012 A person may only be appointed to be an assessor...
s.sch012 A person shall hold and vacate office as an assessor...
s.sch012 A person shall vacate office as an assessor—
s.sch012 A person may at any time resign his office as...
s.sch012 Subject to paragraph 6 below, the Secretary of State may...
s.sch012 (1) The exercise of the power conferred by paragraph 5...
s.sch012 An assessor shall be paid such remuneration and allowances as...
s.sch012 In relation to an assessor appointed by the Department of...
s.sch013 In this Schedule— “procedural instruments” means— (a) Court Martial rules...
s.sch013 (1) The Secretary of State may by order direct that...
s.sch013 Sections 23 and 24 above shall have effect in relation...
s.sch013 Section 25 above shall have effect in relation to proceedings...
s.sch013 In section 26 above— (a) the reference to criminal proceedings...
s.sch013 Without prejudice to the generality of any enactment conferring power...
s.sch013 (1) No application shall be made under section 7 of...
s.sch013 For the purpose of helping members— (a) of courts-martial constituted...
s.sch013 (1) The Secretary of State may by order direct that...
s.sch013 (1) The Secretary of State may by order direct that...
s.sch015 Section 30 of the Criminal Law Act 1826 (which enables...
s.sch015 The following paragraph shall be substituted for paragraph (iA) of...
s.sch015 In section 65, in the definition of “intimate samples", for...
s.sch015 In section 120 (extent) the second of the two subsections...
s.sch015 At the end of Schedule 5 to that Act there...
s.sch015 The following paragraph shall be inserted after subsection (4)(a) of...
s.sch015 In subsection (11) of section 22 of that Act (power...
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 The Bankruptcy (Scotland) Act 1985 shall be amended as follows....
s.sch015 In section 5(4) (interpretation) after “1987" there shall be added...
s.sch015 In section 7(1) (constitution of apparent insolvency)—
s.sch015 Section 55(2) (discharge of debtor not to release him from...
s.sch015 The following paragraph shall be inserted after paragraph (a) of...
s.sch015 Section 281(4) of the Insolvency Act 1986 (discharge of debtor...
s.sch015 The following paragraph shall be substituted for subsection (6)(j) of...
s.sch015 The Criminal Justice Act 1987 shall be amended as follows....
s.sch015 (1) In subsection (2) of section 2 (Director’s investigation powers),...
s.sch015 (1) In subsection (1) of section 11, for the words...
s.sch015 In section 13(1), for the words “operates only so as...
s.sch015 In paragraph 6(1) of Schedule 1, for “(4)" there shall...
s.sch015 (1) Section 52 of the Criminal Justice (Scotland) Act 1987...
s.sch015 (1) In Article 24(2) of the Public Order (Northern Ireland)...
s.sch015 In subsection (3) of that section, for the word “or"...
s.sch015 In section 5 of the Visiting Forces Act l952 (custody...
s.sch015 (1) In subsection (1) of section 12 of that Act,...
s.sch015 —In paragraphs 1(a) and 2(a) of the Schedule, after the...
s.sch015 In paragraph 4 of the Schedule to the Backing of...
s.sch015 The Criminal Justice Act 1967 shall be amended as follows....
s.sch015 In section 62— (a) in subsection (10) (subsequent release of...
s.sch015 In subsection (6) of section 67 (computation of sentences) for...
s.sch015 The Offences against the Person Act 1861 shall be amended...
s.sch015 The Criminal Appeal Act 1968 shall be amended as follows....
s.sch015 Section 9 shall be renumbered so as to become section...
s.sch015 (1) In subsection (2)(b) of section 10 (proceedings from which...
s.sch015 (1) In subsection (2) of section 11 (supplementary provisions as...
s.sch015 The following subsection shall be substituted for subsection (4) of...
s.sch015 The following section shall be inserted after section 18— Appeals...
s.sch015 In subsection (1) of section 19 (bail)—
s.sch015 In section 29(2)(b) (circumstances in which there may not be...
s.sch015 The following section shall be substituted for section 30— Restitution...
s.sch015 The following shall be substituted for the words in section...
s.sch015 There shall be omitted from section 44 (certificates as to...
s.sch015 The following subsection shall be inserted after subsection (2A) of...
s.sch015 The following shall be substituted in the first subsection of...
s.sch015 The following paragraph shall be inserted after paragraph 1 of...
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 . . . . . . . . . ....
s.sch015 In subsection (1) of section 20A of the Children and...
s.sch015 In section 29 of that Act (recognisance on release of...
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 In section 45 (bars to further proceedings) for the words...
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 In section 28(7A) of the Legal Aid Act 1974 for...
s.sch015 In subsection (1) of section 3 of the Juries Act...
s.sch015 In section 6(1) of that Act (summoning of jury in...
s.sch015 In section 20(4) of that Act (offences) after the word...
s.sch015 In section 1(2)(a) of the Rehabilitation of Offenders Act 1974...
s.sch015 In each of sections 171 and 368 of the Criminal...
s.sch015 In section 289G of that Act (which creates the standard...
s.sch015 Section 28 of the Bankruptcy Act 1914 (effect of order...
s.sch015 In Schedule 1 to that Act (which lists offences against...
s.sch015 In the said Schedule 1 after paragraph (d) there shall...
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 (1) The Sexual Offences (Amendment) Act 1976 shall have effect...
s.sch015 . . . . . . . . . ....
s.sch015 In section 49(6) of the Judicature (Northern Ireland) Act 1978...
s.sch015 . . . . . . . . . ....
s.sch015 In Schedule 1 to the Interpretation Act l978—
s.sch015 In the definition of “offence triable either way" in that...
s.sch015 In section 49(1)(g) of the Land Registration Act 1925 (protection...
s.sch015 The Protection of Children Act 1978 shall be amended as...
s.sch015 (1) In subsection (1) of section 4 (entry, search and...
s.sch015 (1) In subsection (2) of section 5 (forfeiture) the words...
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 In section 73(1)(b) of the Child Care Act 1980 (places...
s.sch015 The Magistrates’ Courts Act 1980 shall be amended as follows....
s.sch015 In section 6(5) (display of notice of committal or discharge)...
s.sch015 In subsection (1) of section 37 (committal to Crown Court...
s.sch015 At the end of subsection (8) of section 102 (written...
s.sch015 (1) In subsection (3A) of section 128 (remand in custody...
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 The following subsection shall be inserted after subsection (2) of...
s.sch015 The Criminal Appeal (Northern Ireland) Act 1980 shall be amended...
s.sch015 The following subsection shall be substituted for subsection (4) of...
s.sch015 The following section shall be inserted after section 16— Appeals...
s.sch015 The following section shall be substituted for section 17— Bail....
s.sch015 The following section shall be substituted for section 18— Groundless...
s.sch015 (1) In section 44(1) (constitution of Court of Appeal on...
s.sch015 The following paragraph shall be substituted for section 45(2)(d)—
s.sch015 The following subsection shall be inserted after section 45(3)—
s.sch015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.sch015 In Schedule 1 to the Children and Young Persons Act...
s.sch015 The following paragraph shall be inserted after subsection (4)(a) of...
s.sch015 . . . . . . . . . ....
s.sch015 In section 18(4A) of the Civil Jurisdiction and Judgments Act...
s.sch015 . . . . . . . . . ....
s.sch015 . . . . . . . . . ....
s.sch015 In subsection (7) of section 52 of the Civic Government...
s.sch015 References in that Act to the offences mentioned in Schedule...
s.sch015 At the end of section 15(11) of the Criminal Justice...
s.sch015 At the end of part II of Schedule 1 to...
s.sch015 . . . . . . . . . ....
s.sch015 . . . . . . . . . ....
s.sch015 The Police and Criminal Evidence Act 1984 shall be amended...
s.sch015 At the end of subsection (3)(b) of section 24 (arrest)...
s.sch015 In section 55(1) (intimate searches) for the words “such a...
s.sch016 The repeals in the Offences against the Person Act 1861...
s.sch016 The repeal in the Road Traffic Act 1972 does not...
s.sch016 The repeal of sections 74 and 75 of the Criminal...

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