NCJ Number
49262
Date Published
1977
Length
149 pages
Annotation
THIS IS THE COMPLETE TEXT OF 'AN ACT TO AMEND THE LAW OF ENGLAND AND WALES WITH RESPECT TO CRIMINAL CONSPIRACY,' TO AMEND THE STATUTES OF FORCIBLE ENTRY, AND TO MAKE MAJOR CHANGES IN THE ADMINISTRATION OF CRIMINAL JUSTICE.
Abstract
THE ACT COVERS A NUMBER OF SUBJECTS. PART 1 CREATES A GENERAL STATUTORY OFFENSE OF CONSPIRACY, LARGELY REPLACING THE COMMON LAW OFFENSE. PART 2 CREATES NEW OFFENSES RELATING TO TRESPASSING, RESTRICTING THE USE OR THREAT OF VIOLENCE FOR SECURING ENTRY INTO ANY PREMISES, AND ABOLISHING RELEVANT ANCIENT OFFENSES. THE SECTION ON CRIMINAL JUSTICE RADICALLY REFORMS THE CLASSIFICATION OF OFFENSES, REALLOCATES MANY OFFENSES AS TO THE MODE OR MODES OF TRIAL AVAILABLE FOR THEM, AND PROVIDES A UNIFORM PROCEDURE FOR DETERMINING MODE OF TRIAL TO BE FOLLOWED WHEN TWO OR MORE ARE AVAILABLE. IT ALSO LIMITS A MAGISTRATE COURTS POWER TO IMPOSE IMPRISONMENT TO 6 MONTHS FOR ANY 1 OFFENSE, INCREASES FINES FOR CERTAIN OFFENSES, AND ABOLISHES ALL LIMITS ON TOTAL AMOUNTS OF FINES IMPOSABLE ON CONVICTION. IT INCREASES FROM 20 YEARS TO LIFE THE MAXIMUM TERM OF IMPRISONMENT WHICH MAY BE IMPOSED UNDER THE EXPLOSIVE SUBSTANCES ACT OF 1883. THE SECTION ON YOUNG OFFENDERS ALLOWS A MAGISTRATES COURT TO REMIT A PERSON UNDER 17 TO A JUVENILE COURT UNDER CERTAIN CIRCUMSTANCES, EXTENDS THE POWER TO TRY A JUVENILE AS AN ADULT, AND INCREASES THE NUMBER OF REQUIREMENTS WHICH MAY BE INSERTED INTO A SUPERVISION ORDER. IT ALSO ALLOWS FOR CROSS-BORDER ENFORCEMENT OF ARREST WARRANTS AND MAKES CHANGES IN THE HANDLING OF VARIOUS TYPES OF HEARINGS. THE FINAL SECTIONS EXTEND VARIOUS PROVISIONS OF THE ACT TO SCOTLAND BY AMENDING THE CRIMINAL PROCEDURE (SCOTLAND) ACT OF 1975. THESE SECTIONS ALSO MAKE OTHER SIGNIFICANT CHANGES IN TECHNICAL ASPECTS OF THE CRIMINAL LAW. SINCE THIS ACT AFFECTS A GREAT NUMBER OF EXISTING STATUTES, A SERIES OF TABLES APPENDED TO THE TEST CITE LAWS AFFECTED AND CHANGES WHICH WERE MADE. (GLR)