The Criminal Justice Act 1972 (c. 71) is an act of the Parliament of the United Kingdom that made further provision for the administration of criminal justice, the criminal courts and the penal system in England and Wales, including new methods of dealing with offenders such as compensation orders and criminal bankruptcy orders.
Provisions The act introduced compensation orders, enabling courts to require convicted persons to pay compensation for personal injury, loss or damage resulting from an offence, and restitution orders in respect of stolen property. It also introduced criminal bankruptcy orders, empowering the Crown Court to make a bankruptcy order against an offender where loss or damage exceeding a specified amount had resulted from the offence. Section 36 introduced the procedure whereby the Attorney General may refer a point of law to the Court of Appeal following an acquittal on indictment, a mechanism that remains in current use as the "Attorney General's Reference" procedure. The act also amended the law on jury service, increased penalties for certain firearms and public order offences, and made minor and consequential amendments to earlier enactments.
Repealed enactments Section 64(2) of the act repealed 66 enactments, listed in parts I and II of schedule 6 to the act.
Part I: Juries +Part I — JuriesCitationShort titleExtent of repeal31 Geo. 3. c. 32Roman Catholic Relief Act 1791In section 8 the words "from serving upon any jury or".6 Geo. 4. c. 50Juries Act 1825Sections 1, 27 and 50.33 & 34 Vict. c. 77Juries Act 1870Sections 4, 5, 7 to 10, 25 and the Schedule.53 & 54 Vict. c. 21Inland Revenue Regulation Act 1890In section 8, the words "or on any jury or inquest whatsoever".53 & 54 Vict. c. ccxliiiLondon County Council (General Powers) Act 1890Section 26.7 Edw. 7. c. cxlCity of London (Union of Parishes) Act 1907Section 26.9 & 10 Geo. 5. c. 71Sex Disqualification (Removal) Act 1919In section 1 the words "and a person shall not be exempted by sex or marriage from the liability to serve as a juror".In section 4(2) the words from "and any enactment relating to juries" onwards.9 & 10 Geo. 5. c. 92Aliens Restriction (Amendment) Act 1919Section 8.12 & 13 Geo. 5. c. 11Juries Act 1922The whole act.19 & 20 Geo. 5. c. 17Local Government Act 1929Section 79(1).11 & 12 Geo. 6. c. 65Representation of the People Act 1948In Schedule 10, Part II, paragraph 7(2).12, 13 & 14 Geo. 6. c. 86Electoral Registers Act 1949Section 3(1).Schedule 2.14 & 15 Geo. 6. c. 53Midwives Act 1951Section 22.15 & 16 Geo. 6 & 1 Eliz. 2. c. 44Customs and Excise Act 1952In section 2(1) the words "or on any jury whatsoever".1 & 2 Eliz. 2. c. 50Auxiliary Forces Act 1953In section 39(3) the words "and shall be exempt from serving on any jury" and the proviso.2 & 3 Eliz. 2. c. 70Mines and Quarries Act 1954Section 144(5).3 & 4 Eliz. 2. c. 18Army Act 1955Section 183.3 & 4 Eliz. 2. c. 19Air Force Act 1955Section 183.5 & 6 Eliz. 2. c. 28Dentists Act 1957In section 32, in subsection (1), the words "serving on all juries and inquests whatsoever and from"; subsection (2).9 & 10 Eliz. 2. c. 34Factories Act 1961Section 145(5).10 & 11 Eliz. 2. c. xliiBritish Transport Commission Act 1962Section 43(2).1964 c. 42Administration of Justice Act 1964Section 21.Schedule 3 paragraph 13.1964 c. 48Police Act 1964In Schedule 9, the entry relating to the Juries Act 1870.1965 c. 16Airports Authority Act 1965Section 10(5).1966 c. 36Veterinary Surgeons Act 1966Section 24(1).1967 c. 80Criminal Justice Act 1967Sections 14 to 16.1968 c. xxxiiPort of London Act 1968Section 154(4).In Schedule 2, Part I, paragraph 14.1970 c. 9Taxes Management Act 1970Section 5(2).1971 c. 23Courts Act 1971In section 31, in subsection (3), the words from "and in section 1" onwards; and subsection (7).Section 33(3).In Schedule 4, paragraphs 1 and 2.In Schedule 8, paragraphs 11 and 50.
Part II: Other Repeals +Part II — Other RepealsCitationShort titleExtent of repeal33 & 34 Vict. c. 23Forfeiture Act 1870Section 4.8 Edw. 7. c. 65Summary Jurisdiction (Scotland) Act 1908In section 77(4) the words "forty-four".1 & 2 Geo. 5. c. 27Protection of Animals Act 1911Section 4.16 & 17 Geo. 5. c. 60Legitimacy Act 1926In the Schedule, in paragraph 6 the words from "and any sum" onwards.11 & 12 Geo. 6. c. 58Criminal Justice Act 1948Section 11(2).Section 14(2).In section 77(3), the proviso.In section 80(6) the word "damages".In Schedule 1, in paragraph (b) of the proviso to paragraph 3, the words "or to submit to treatment for his mental condition".In Schedule 5, in paragraph 2(1)(a), the words from "and, if the order so provides" onwards; paragraph 3(4); and in paragraph 3(6) the words "in individual cases".12, 13 & 14 Geo. 6. c. 101Justices of the Peace Act 1949In section 27, in subsection (5) the words "and any question whether expenditure was properly incurred shall also be so determined"; and subsections (10)(a) and (11).Section 28.15 & 16 Geo. 6 & 1 Eliz. 2. c. 48Costs in Criminal Cases Act 1952In section 17, in subsection (1) the definition of "prosecutor" and subsection (4).15 & 16 Geo. 6 & 1 Eliz. 2. c. 52Prison Act 1952Section 38 except as provided in section 59 of this act.15 & 16 Geo. 6. c. 55Magistrates' Courts Act 1952Section 34.1 & 2 Eliz. 2. c. 20Births and Deaths Registration Act 1953Section 38(2).2 & 3 Eliz. 2. c. 70Mines and Quarries Act 1954Section 167.3 & 4 Eliz. 2. c. 18Army Act 1955Section 221.3 & 4 Eliz. 2. c. 19Air Force Act 1955Section 219.5 & 6 Eliz. 2. c. 53Naval Discipline Act 1957Section 100(3).6 & 7 Eliz. 2. c. 31First Offenders Act 1958The whole act.7 & 8 Eliz. 2. c. 22County Courts Act 1959Section 181.8 & 9 Eliz. 2. c. 16Road Traffic Act 1960Section 247(1).9 & 10 Eliz. 2. c. 15Post Office Act 1961Section 24(2).9 & 10 Eliz. 2. c. 34Factories Act 1961In section 164(6) the words from the beginning to "Exchequer; and".9 & 10 Eliz. 2. c. 39Criminal Justice Act 1961Section 8(4).1963 c. 39Criminal Justice (Scotland) Act 1963In Schedule 5 the amendment of the First Offenders Act 1958.1964 c. 42Administration of Justice Act 1964Section 22(2)(a).In Schedule 3, paragraph 19(4) and in paragraph 20(7) the words from "and in section 27(2)" onwards.1965 c. 24Severn Bridge Tolls Act 1965Section 20(4).1967 c. 10Forestry Act 1967Section 46(6).1967 c. 58Criminal Law Act 1967In Schedule 2, paragraph 9.1967 c. 76Road Traffic Regulation Act 1967Section 94(1).1967 c. 80Criminal Justice Act 1967Section 39(3) to (6).In section 47(10) the words "and as being Exchequer moneys".In section 54(5) the words from "and the maximum fine" onwards.In section 60(2), the words "between conviction and sentence".1967 c. 83Sea Fisheries (Shellfish) Act 1967Section 19(3).1968 c. 27Firearms Act 1968In Schedule 6, in column 4 of Part I, in the entries relating to sections 16, 17(1) and (2) and 18(1), the words "in England or Wales".1968 c. 60Theft Act 1968Section 26(4).1969 c. 54Children and Young Persons Act 1969In Schedule 5, paragraph 1.1970 c. 31Administration of Justice Act 1970Section 50(a).In Schedule 9, in paragraph 12, the word "damages".1971 c. 10Vehicles (Excise) Act 1971Section 35(1).1971 c. 23Courts Act 1971Section 53(2)(b).In Schedule 8 paragraph 43(2) and, in paragraph 48(a), the reference to section 73(5).1971 c. 48Criminal Damage Act 1971Section 7(1).Section 8.1971 c. 77Immigration Act 1971In Schedule 2, in paragraph 23(3) the words "and as being Exchequer moneys", and the same words in paragraph 31(4).1972 c. 20Road Traffic Act 1972Section 185(1).
Subsequent developments The act has been amended and partially repealed by numerous subsequent enactments. Section 48, concerning proceedings under the Indecency with Children Act 1960, was repealed by schedule 7 to the Sexual Offences Act 2003. Section 49, on community service orders in lieu of a warrant of commitment for failure to pay a fine, was repealed by the Crime and Disorder Act 1998. Section 31 (punishment for certain offences of Sunday trading) and section 59 (abolition of duty to re-convey certain prisons to local authorities), together with the proviso to section 66(6) and words in section 66(7)(a), were repealed by the Statute Law (Repeals) Act 2008. Section 24(3) was repealed by the Road Safety Act 2006. Section 60, on powers of entry in connection with the acquisition of land for prisons, was omitted by the Housing and Planning Act 2016. Section 51(4), on the execution of process between England and Wales and Scotland, was omitted by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018.
Section 46, on the admissibility of written statements made outside England and Wales, was substantially repealed by the Criminal Justice and Public Order Act 1994 and the Criminal Procedure and Investigations Act 1996, with the provisions inserted by the latter subsequently repealed by the Criminal Justice Act 2003. Section 36, which provides for references by the Attorney General to the Court of Appeal of a point of law following an acquittal on indictment, remains in force and continues to be used as the "Attorney General's Reference" procedure; it has been amended by the Constitutional Reform Act 2005 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
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