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UK Act of Parliament
1988
United Kingdom
Criminal Justice Act 1988
At a glance
Enforced by
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4 practical guides · 5 journeys
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
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Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Direct — cites this Act
1 guidesMentioned in related content
3 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Extradition
Browse 2 other sections in this Part — procedural / definitional / commencement
Scope of Part I.
Suppression of terrorism.
Part II — Documentary Evidence in Criminal Proceedings
Browse 6 other sections in this Part — procedural / definitional / commencement
Part III — Other Provisions about Evidence in Criminal Proceedings
Browse 9 other sections in this Part — procedural / definitional / commencement
Issue of letters of request.
Expert reports.
Form of evidence and glossaries.
Evidence through television links when witness abroad: service courts.
Video recordings of testimony from child witnesses.
Evidence of persons under 14 in committal proceedings.
Evidence given by children.
Abolition of requirement of corroboration for unsworn evidence of children.
Cross-examination of alleged child victims.
Part IV — Reviews of Sentencing
Browse 2 other sections in this Part — procedural / definitional / commencement
Scope of Part IV.
Reviews of sentencing.
Part V — Jurisdiction, Imprisonment, Fines, Etc.
Browse 35 other sections in this Part — procedural / definitional / commencement
Certain either way offences relating to motor vehicles to be summary offences.
Criminal damage etc. as summary offences.
Common assault and battery to be summary offences.
Time limit for prosecution of common assault or battery in domestic abuse cases
Power to join in indictment count for common assault etc.
Power of Crown Court to deal with summary offence where person committed for either way offence.
Amendments relating to committal for sentence.
Power of Court of Appeal to order retrial.
Firearms offences.
Increase in maximum term of imprisonment for cruelty to children and young persons.
Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.
Corruption.
Increase in penalty for insider dealing.
Repeal of s.134 of Magistrates’ Courts Act 1980.
Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.
Statutory maximum as penalty on summary conviction for offences triable either way in subordinate legislation.
Penalties on conviction for summary offences under subordinate legislation— conversion of references to amounts to references to levels on scale.
Powers to specify maximum fines for summary offences under subordinate instruments— conversion of references to amounts to references to levels on scale—England and Wales.
Fines on summary conviction for offences under subordinate instruments— conversion to references to levels on scale—Scotland.
Fines under secondary subordinate instruments— England and Wales.
Fines under secondary subordinate instruments: Scotland.
Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.
Byelaws relating to the burning of crop residues.
Power to alter exceptionally high maximum fines.
Periods of imprisonment for default.
Default – procedure.
Fines on companies.
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Increase of maximum fine under s.32 of the Game Act 1831.
Powers of civilian fine enforcement officers.
Fisheries offences on River Tweed.
Fines imposed and recognizances forfeited by coroners.
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Forfeiture general.
Forfeiture for drug offences.
Part VI — Confiscation of the Proceeds of an Offence
Power to inspect Land Register, etc.
Amended 1 timePart VI— Interpretation.
Amended 3 timesAmendments of Drug Trafficking Offences Act 1986 and Criminal Justice (Scotland) Act 1987.
Amended 2 timesBrowse 47 other sections in this Part — procedural / definitional / commencement
Confiscation orders.
Making of confiscation orders.
Postponed determinations.
Confiscation relating to a course of criminal conduct.
Statements, etc. relevant to making confiscation orders.
Provision of information by defendant.
Definition of principal terms used.
Review of cases where proceeds of crime not assessed.
Revision of assessment of proceeds of crime.
Revision of assessment of amount to be recovered.
Application of procedure for enforcing fines.
Interest on sums unpaid under confiscation orders.
Cases in which restraint orders and charging orders may be made.
Restraint orders.
Charging orders in respect of land, securities, etc.
Charging orders: supplementary provisions.
Realisation of property.
Application of proceeds of realisation and other sums.
Exercise of powers by High Court or receiver.
Variation of confiscation orders.
Bankruptcy of defendant etc.
Sequestration in Scotland of defendant etc.
Winding up of company holding realisable property.
Insolvency officers dealing with property subject to restraint order.
Receivers: supplementary provisions.
Compensation.
Recognition and enforcement of orders in Scotland.
Supplementary.
Inhibition and arrestment of property in Scotland.
Proof in Scotland of High Court orders.
Assisting another to retain the benefit of criminal conduct.
Acquisition, possession or use of proceeds of criminal conduct.
Concealing or transferring proceeds of criminal conduct.
Tipping-off.
Application of sections 93A to 93D to Scotland.
Prosecution by order of the Commissioners of Customs and Excise.
Extension of certain offences to Crown servants and exemptions for regulators etc.
Order to make material available.
Authority for search.
Disclosure of information held by government departments.
Enforcement of Northern Ireland orders.
Enforcement of Northern Ireland order in Scotland.
Enforcement of other external orders.
Registration of external confiscation orders.
Disclosure of information subject to contractual restriction upon disclosure.
Authorisation of delay in notifying arrest etc.
Abolition of power to make criminal bankruptcy order.
Part VII — Compensation by Court and Criminal Injuries Compensation Board
Compensation orders.
Amended 1 timeEnforcement of compensation orders.
Amended 1 timePower to make order applying proceeds of sale of property forfeited by offender for benefit of victim.
Amended 1 timeBrowse 11 other sections in this Part — procedural / definitional / commencement
Discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation.
The Criminal Injuries Compensation Board and the administration of the scheme.
Criminal injuries.
Qualifying injuries.
Awards of compensation.
Powers to withhold and reduce compen-sation.
Right of appeal.
Minimum awards.
Reimbursement and recovery.
Reimbursement and recovery in Scotland.
Inalienability of compensation awards.
Part VIII — Amendments of Law Relating to Juries
Browse 4 other sections in this Part — procedural / definitional / commencement
Part IX — Young Offenders
Custodial sentences for young offenders.
Amended 3 timesAbolition of power of court to commit juvenile to remand centre instead of local authority care. 1969 c. 54.
Amended 1 timeAmendment of section 53(2) of Children and Young Persons Act 1933.
Amended 1 timePayment of fine by parent or guardian.
Amended 1 timeBrowse 4 other sections in this Part — procedural / definitional / commencement
Part X — Probation and the Probation Service, Etc.
Browse 2 other sections in this Part — procedural / definitional / commencement
Part XI — Miscellaneous
Compensation for miscarriages of justice.
Amended 31 timesMiscarriages of justice: amount of compensation
Amended 31 timesCases where person has been detained for at least 10 years
Amended 31 timesRequirement of Attorney General’s consent for prosecutions.
Amended 2 timesOffence of having article with blade or point in public place.
Amended 5 timesOffence of having article with blade or point (or offensive weapon) on education premises.
Amended 5 timesOffence of threatening with article with blade or point or offensive weapon
Amended 5 timesOffences under sections 139 and 139A: previous relevant convictions
Amended 5 timesPower of entry to search for articles with a blade or point and offensive weapons.
Amended 5 timesExtension of constable’s power to stop and search.
Amended 2 timesOffensive weapons.
Amended 44 timesSale of knives and certain articles with blade or point to persons under sixteen.
Amended 44 timesLimitations on defence to offence under section 141A: England and Wales
Amended 44 timesDefence to offence under section 141A where remote sale or letting on hire: Scotland
Amended 44 timesApplication of section 141 to swords: further provision
Amended 44 timesImportation of offensive weapons: prohibition
Amended 44 timesProhibition on importation of offensive weapons: exceptions
Amended 44 timesProhibition on importation of offensive weapons: burdens of proof
Amended 44 timesPower of justice of the peace to authorise entry and search of premises for offensive weapons.
Amended 2 timesTransferred charges.
Amended 1 timeEvidence before certain service courts.
Amended 5 timesComputer data about fingerprints.
Amended 1 timeCustoms and Excise power of arrest.
Amended 6 timesRemands of suspected drug offenders to . . . detention.
Amended 4 timesCourt to give reasons for granting bail to a person accused of serious offence.
Amended 1 timeCrown Court proceedings— orders restricting or preventing reports or restricting public access.
Amended 4 timesPossession of indecent photograph of child
Amended 9 timesMarriage and other relationships
Amended 9 timesApplication of restitution orders to the Crown.
Amended 1 timeAlteration of names of petty sessions areas.
Amended 2 timesOfficers of inner London magistrates’ courts.
Amended 1 timeBrowse 17 other sections in this Part — procedural / definitional / commencement
Torture.
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Application to Channel Islands, Isle of Man and colonies.
Assistance to Isle of Man and Channel Islands.
Power to petition for winding-up etc. on information obtained on investigation by Director of Serious Fraud Office.
Searches of detained persons.
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Bail for persons in customs detention.
Decisions where bail refused on previous hearing.
Remands in custody for more than eight days.
Appeals to Crown Court.
Groundless appeals and applications for leave to appeal.
Anonymity in rape etc. cases.
Possession of indecent photographs of children: Scotland.
Enforcement of Video Recordings Act 1984.
Costs and expenses of prosecution witnesses and other persons.
Acquisition of easements etc. under Prison Act 1952.
Part XII — General and Supplementary
Commencement.
Amended 3 timesExtent.
Amended 14 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Northern Ireland.
Financial provision.
Minor and consequential amendments and repeals.
Citation.
Schedules
Browse 215 other Schedules — structural / supplementary
Where a statement is admitted as evidence in criminal proceedings...
A statement which is given in evidence by virtue of...
In estimating the weight, if any, to be attached to...
Without prejudice to the generality of any enactment conferring power...
Expressions used in Part II of this Act and in...
In Part II of this Act “confession has the meaning...
Notice of an application for leave to refer a case...
The term of any sentence passed by the Court of...
(1) Where on a reference to the Court of Appeal...
In the application of this Schedule to Northern Ireland—
If the registrar of criminal appeals is given notice of...
Rules of court may enable a person to whose sentencing...
An application to the Court of Appeal for leave to...
The time during which a person whose case has been...
Except as provided by paragraphs 7 and 8 below, a...
A person in custody shall not be entitled to be...
The power of the Court of Appeal to pass sentence...
A person whose sentencing is the subject of a reference...
The Secretary of State may by order made by statutory...
A statutory instrument containing an order under paragraph 1 above...
The Drug Trafficking Offences Act 1986 shall be amended as...
The following section shall be inserted after that section— Insolvency...
In subsection (2) of section 18 (receivers: supplementary provisions) for...
In section 19 (compensation)— (a) in paragraph (b)(i) of subsection...
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(1) The following paragraph shall be substituted for subsection (1)(d)...
The following sections shall be substituted for section 26— Enforcement...
The following subsections shall be substituted for subsections (12) and...
In section 40(4) (effect of Act in Scotland), in paragraph...
The Criminal Justice (Scotland) Act 1987 shall be amended as...
In section 1 (confiscation orders) in paragraph (b) of subsection...
In section 7 (cases in which restraint orders and charging...
In subsection (6)(a) of section 11 (which applies the provisions...
In subsection (3) of section 16 (application of proceeds of...
In section 34(6)(d) (bankruptcy in England and Wales of person...
In subsection (5) of section 38 (order to permit entry...
(1) The following subsection shall be inserted after subsection (5)...
(1) The following paragraphs shall be substituted for subsection (3)(a)...
Subsection (1) of section 10 of that Act (charging orders:...
(1) Section 12 (application of proceeds of realisation and other...
In section 15 (bankruptcy of defendant etc.)—
(1) Section 16 (sequestration in Scotland of defendant etc.) shall...
In subsection (1) of section 17 (winding up of company...
In any enactment for a reference to a detention centre...
The following paragraph shall be inserted after paragraph (b) of...
(1) Where— (a) before the date on which section 1A...
An offender who was sentenced to youth custody on a...
A person who at the commencement of section 1A of...
Rules under section 47 of the Prison Act 1952 may...
Where on the commencement of section 1A of the Criminal...
Nothing in this Act affects any right of appeal against...
In any enactment except— (a) section 21 of the Firearms...
(1) In any enactment except— (a) Part II of Schedule...
In subsection (6) – (a) of section 71AA of the...
In sub-paragraph (6) of paragraph 10— (a) of Schedule 5A...
In section 21(1) and (2) of the Firearms Act 1968...
In section 13(7)(a)(ii) of the Employment Agencies Act 1973 for...
In Part I of Schedule 1 to the Juries Act...
In section 5 of the Rehabilitation of Offenders Act 1974...
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In subsection (6)— (a) of section 71AA of the Army...
In sub-paragraph (6) of paragraph 10— (a) of Schedule 5A...
In paragraph (b) of Part II (Persons Disqualified) of Schedule...
In section 41(2)(b)(ii) of the Criminal Justice (Scotland) Act 1980...
An Offender who was ordered to be detained in a...
A person who at the commencement of section 124 of...
Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation...
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Power to include requirements in supervision orders.
Young offenders.
Requirements as to mental treatment.
Requirements as to education.
Duty of court to state in certain cases that requirement in place of custodial sentence.
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The amendments of the Children and Young Persons Act 1969...
Application of sections 17 to 19 of Criminal Justice Act...
Schedule 3 to the Powers of Criminal Courts Act 1973...
In paragraph 4— (a) in sub-paragraph (1), for the word...
The following paragraphs shall be inserted after paragraph 6—
Paragraph 7 shall cease to have effect.
The following paragraph shall be substituted for paragraph 10(3)(a)—
The following paragraph shall be inserted after paragraph 18(1)(a)—
In paragraph (l) of section 12(2) of the Local Government...
A person may only be appointed to be an assessor...
A person shall hold and vacate office as an assessor...
A person shall vacate office as an assessor—
A person may at any time resign his office as...
Subject to paragraph 6 below, the Secretary of State may...
(1) The exercise of the power conferred by paragraph 5...
An assessor shall be paid such remuneration and allowances as...
In relation to an assessor appointed by the Department of...
In this Schedule— “procedural instruments” means— (a) Court Martial rules...
(1) The Secretary of State may by order direct that...
Sections 23 and 24 above shall have effect in relation...
Section 25 above shall have effect in relation to proceedings...
In section 26 above— (a) the reference to criminal proceedings...
Without prejudice to the generality of any enactment conferring power...
(1) No application shall be made under section 7 of...
For the purpose of helping members— (a) of courts-martial constituted...
(1) The Secretary of State may by order direct that...
(1) The Secretary of State may by order direct that...
Section 30 of the Criminal Law Act 1826 (which enables...
The following paragraph shall be substituted for paragraph (iA) of...
In section 65, in the definition of “intimate samples", for...
In section 120 (extent) the second of the two subsections...
At the end of Schedule 5 to that Act there...
The following paragraph shall be inserted after subsection (4)(a) of...
In subsection (11) of section 22 of that Act (power...
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The Bankruptcy (Scotland) Act 1985 shall be amended as follows....
In section 5(4) (interpretation) after “1987" there shall be added...
In section 7(1) (constitution of apparent insolvency)—
Section 55(2) (discharge of debtor not to release him from...
The following paragraph shall be inserted after paragraph (a) of...
Section 281(4) of the Insolvency Act 1986 (discharge of debtor...
The following paragraph shall be substituted for subsection (6)(j) of...
The Criminal Justice Act 1987 shall be amended as follows....
(1) In subsection (2) of section 2 (Director’s investigation powers),...
(1) In subsection (1) of section 11, for the words...
In section 13(1), for the words “operates only so as...
In paragraph 6(1) of Schedule 1, for “(4)" there shall...
(1) Section 52 of the Criminal Justice (Scotland) Act 1987...
(1) In Article 24(2) of the Public Order (Northern Ireland)...
In subsection (3) of that section, for the word “or"...
In section 5 of the Visiting Forces Act l952 (custody...
(1) In subsection (1) of section 12 of that Act,...
—In paragraphs 1(a) and 2(a) of the Schedule, after the...
In paragraph 4 of the Schedule to the Backing of...
The Criminal Justice Act 1967 shall be amended as follows....
In section 62— (a) in subsection (10) (subsequent release of...
In subsection (6) of section 67 (computation of sentences) for...
The Offences against the Person Act 1861 shall be amended...
The Criminal Appeal Act 1968 shall be amended as follows....
Section 9 shall be renumbered so as to become section...
(1) In subsection (2)(b) of section 10 (proceedings from which...
(1) In subsection (2) of section 11 (supplementary provisions as...
The following subsection shall be substituted for subsection (4) of...
The following section shall be inserted after section 18— Appeals...
In subsection (1) of section 19 (bail)—
In section 29(2)(b) (circumstances in which there may not be...
The following section shall be substituted for section 30— Restitution...
The following shall be substituted for the words in section...
There shall be omitted from section 44 (certificates as to...
The following subsection shall be inserted after subsection (2A) of...
The following shall be substituted in the first subsection of...
The following paragraph shall be inserted after paragraph 1 of...
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In subsection (1) of section 20A of the Children and...
In section 29 of that Act (recognisance on release of...
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In section 45 (bars to further proceedings) for the words...
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In section 28(7A) of the Legal Aid Act 1974 for...
In subsection (1) of section 3 of the Juries Act...
In section 6(1) of that Act (summoning of jury in...
In section 20(4) of that Act (offences) after the word...
In section 1(2)(a) of the Rehabilitation of Offenders Act 1974...
In each of sections 171 and 368 of the Criminal...
In section 289G of that Act (which creates the standard...
Section 28 of the Bankruptcy Act 1914 (effect of order...
In Schedule 1 to that Act (which lists offences against...
In the said Schedule 1 after paragraph (d) there shall...
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(1) The Sexual Offences (Amendment) Act 1976 shall have effect...
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In section 49(6) of the Judicature (Northern Ireland) Act 1978...
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In Schedule 1 to the Interpretation Act l978—
In the definition of “offence triable either way" in that...
In section 49(1)(g) of the Land Registration Act 1925 (protection...
The Protection of Children Act 1978 shall be amended as...
(1) In subsection (1) of section 4 (entry, search and...
(1) In subsection (2) of section 5 (forfeiture) the words...
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In section 73(1)(b) of the Child Care Act 1980 (places...
The Magistrates’ Courts Act 1980 shall be amended as follows....
In section 6(5) (display of notice of committal or discharge)...
In subsection (1) of section 37 (committal to Crown Court...
At the end of subsection (8) of section 102 (written...
(1) In subsection (3A) of section 128 (remand in custody...
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The following subsection shall be inserted after subsection (2) of...
The Criminal Appeal (Northern Ireland) Act 1980 shall be amended...
The following subsection shall be substituted for subsection (4) of...
The following section shall be inserted after section 16— Appeals...
The following section shall be substituted for section 17— Bail....
The following section shall be substituted for section 18— Groundless...
(1) In section 44(1) (constitution of Court of Appeal on...
The following paragraph shall be substituted for section 45(2)(d)—
The following subsection shall be inserted after section 45(3)—
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In Schedule 1 to the Children and Young Persons Act...
The following paragraph shall be inserted after subsection (4)(a) of...
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In section 18(4A) of the Civil Jurisdiction and Judgments Act...
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In subsection (7) of section 52 of the Civic Government...
References in that Act to the offences mentioned in Schedule...
At the end of section 15(11) of the Criminal Justice...
At the end of part II of Schedule 1 to...
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The Police and Criminal Evidence Act 1984 shall be amended...
At the end of subsection (3)(b) of section 24 (arrest)...
In section 55(1) (intimate searches) for the words “such a...
The repeals in the Offences against the Person Act 1861...
The repeal in the Road Traffic Act 1972 does not...
The repeal of sections 74 and 75 of the Criminal...
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