Criminal Justice Act 1967

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Not to be confused with Criminal Law Act 1967.
The Criminal Justice Act 1967[1]
Parliament of the United Kingdom
Long titleAn Act to amend the law relating to the proceedings of criminal courts, including the law relating to evidence, and to the qualification of jurors, in such proceedings and to appeals in criminal cases; to reform existing methods and provide new methods of dealing with offenders; to make further provision for the treatment of offenders, the management of prisons and other institutions and the arrest of offenders unlawfully at large; to make further provision with respect to legal aid and advice in criminal proceedings; to amend the law relating to firearms and ammunition; to alter the penalties which may be imposed for certain offences; and for connected purposes.
Citation1967 c 80
Dates
Royal assent27 July 1967
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Criminal Justice Act 1967 (c 80) is an Act of the Parliament of the United Kingdom.

Part I - Criminal Procedure, etc[]

Sections 1 to 6[]

These sections were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 7[]

This section was repealed by paragraph 6(2) of Schedule 2 and paragraph 11 of Schedule 5 to the Criminal Procedure and Investigations Act 1996.

Section 9[]

This section is amended by sections 80(1) to (4) of the Deregulation Act 2015.

Section 11[]

This section was repealed by section 378 of, and Schedule 17 to, the Armed Forces Act 2006.

Section 12 - Application of sections 9 to 11 to courts-martial[]

The Criminal Justice Act 1967 (Application to Courts-Martial) (Evidence) Regulations 1997 (SI 1997/173) were made under this section.

This section was repealed by section 378 of, and Schedule 17 to, the Armed Forces Act 2006.

Section 13 - Majority verdicts of juries in criminal proceedings[]

This section removed the requirement for unanimous verdicts and permitted majority verdicts for juries in England and Wales.

This section was repealed by section 22(4) of, and Schedule 3 to, the Juries Act 1974.

Sections 14 to 16[]

These sections were repealed by section 64(2) of, and Part I of Schedule 6 to, the .

Section 18[]

This section was repealed by section 12 of, and Schedule 3 to, the .

Section 19[]

This section was repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 20[]

The words "or section 28 or 29 of the Magistrates’ Courts Act 1952 (committal for sentence)" were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 21[]

This section was repealed by section 12 of, and Schedule 3 to, the Bail Act 1976.

Section 22[]

The words "subject to section 25 of the Criminal Justice and Public Order Act 1994" in section 22(1) were repealed by Part 2 of Schedule 37 to the Criminal Justice Act 2003. In section 22(3), the words from "except that" to the end were repealed by Part 2 of Schedule 37 to the Criminal Justice Act 2003. The reference to section 37(3) of the Criminal Justice Act 1948 in section 22(3) was repealed by section 12 of, and Schedule 3 to, the Bail Act 1976. The words "a court of quarter sessions" in section 22(4) were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. The words "'inferior court' means a magistrates' court or a coroner and" in s section 22(4) were repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 23[]

This section was repealed by section 12 of, and Schedule 3 to, the Bail Act 1976.

Section 24[]

This section was repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 26[]

This section was repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 27[]

This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Sections 28 to 30[]

These sections were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 31[]

Sections 31(1) and (2) were repealed by section 21(2) of, and Schedule 2 to, the . Sections 31(3) to (6) were repealed by section 56(4) of, and Part III of Schedule 11 to, the Courts Act 1971.

Section 32[]

This section was repealed by section 378 of, and Schedule 17 to, the Armed Forces Act 2006. Section 32(1) was repealed by section 56(4) of, and Part III of Schedule 11 to, the Courts Act 1971. In section 32(2), the words peceeding the words "section 33", and the words from "and section 47" to "Crown Court out of central funds)", were repealed by section 21(2) of, and Schedule 2 to, the Costs in Criminal Cases Act 1973. Section 32(4) was were repealed by section 21(2) of, and Schedule 2 to, the Costs in Criminal Cases Act 1973. Section 32(5) was repealed by section 54 of, and Schedule 7 to, the .

Section 33[]

The words from the beginning to "that section and" were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 34[]

This section was repealed by section 220 of, and Schedule 4 to, the Extradition Act 2003.

Section 35[]

This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 36[]

In section 36(1), the definitions of "broadcast" and "publish" were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Part II - Powers of Courts to Deal with Offenders[]

Sections 37 to 40[]

These sections were repealed by section 56(2) of, and Schedule 6 to, the .

Section 41[]

This section was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. In section 41(1) the words "before which he appears or is brought" in the first place where they occur were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. The words "having power to deal with him in respect of the suspended sentence" in section 41(2) were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. Section 41(3) was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Section 42[]

This section was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. In section 42(5), the words from "but if a warrant" to the end of the subsection were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Section 43[]

This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Sections 44, 44A and 45[]

These sections were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 46[]

This section was repealed by section 54(3) of, and Schedule 11 to, the Administration of Justice Act 1970.

Section 47[]

This section was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. Section 47(5) was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. The words "and the clerk of the court" in section 47(7) were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Section 48[]

Section 48(1) was repealed by section 461(2) of, and Part I of Schedule 10 to, the . In section 48(1), the words "of a magistrates' court or", the words from "section 72A" to "Scotland) or", and the words "magistrates' court or", were repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. Section 48(2) was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973.

Section 49[]

This section was repealed by section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988.

Section 50[]

The words from the beginning to "Part of that Act" were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980. The words from "and in" to the end of this section were repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973.

Section 51[]

This section was repealed by section 205(1) of, and Part I of Schedule 9 to, the .

Sections 52 and 53[]

These sections were repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973.

Section 54[]

Sections 54(1) to (3), (5) and (7) were repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. Section 54(4) was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. Sections 54(6) and (8) were repealed by section 461(2) of, and Part I of Schedule 10 to, the Criminal Procedure (Scotland) Act 1975.

Section 55[]

This section was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973.

Section 56[]

This section was repealed by section 165(4) of, and Part I of Schedule 12 to, the Powers of Criminal Courts (Sentencing) Act 2000. Section 56(4) was repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980. Section 56(7) was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. Sections 56(8) to (12), and the definitions of "licence" and "Northern Ireland licence" in section 56(13) were repealed by section 205(1) of, and Part I of Schedule 9 to, the Road Traffic Act 1972.

Section 57[]

This section was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973.

Section 58[]

This section was repealed by section 34(1) of, and Schedule 6 to, the Immigration Act 1971.

Part III - Treatment of Offenders[]

Section 59[]

This section was repealed as to Scotland by section 45(2) of, and Schedule 3 to, the . This section was repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Section 60[]

This section was repealed as to Scotland by section 45(2) of, and Schedule 3 to, the Prisons (Scotland) Act 1989. This section was repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Section 60(3)(b) and the word "or" immediately preceding it were repealed by section 78 of, and Schedule 16 to, the . The words from "Provided" to the end were repealed by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982. Sections 60(5A)(b) and (c) were repealed by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982. In section 60(6)(a), the words from "to a person" where they first occurred to "or" were repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. In section 60(6)(b), the words from "—(a)" to "case," were repealed by section 83(3) of, and Schedule 8 to, the Criminal Justice (Scotland) Act 1980. In section 60(8)(c), the letter "(a)" was repealed by section 83(3) of, and Schedule 8 to, the Criminal Justice (Scotland) Act 1980. Section 60(8)(d) was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 61[]

This section was repealed as to Scotland by section 45(2) of, and Schedule 3 to, the Prisons (Scotland) Act 1989. This section was repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Section 62[]

This section was repealed as to Scotland by section 45(2) of, and Schedule 3 to, the Prisons (Scotland) Act 1989. This section was repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Section 62(8) was repealed by section 461(2) of, and Part I of Schedule 10 to, the Criminal Procedure (Scotland) Act 1975.

Section 63[]

This section was repealed by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982. This section was repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Section 64[]

This section was repealed as to Scotland by section 45(2) of, and Schedule 3 to, the Prisons (Scotland) Act 1989. This section was repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Section 64(2)(c) was repealed by section 461(2) of, and Part I of Schedule 10 to, the Criminal Procedure (Scotland) Act 1975.

Section 66[]

Section 66(1) was repealed by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982. Section 66(4) was repealed by paragraph 29 of Schedule 10 to the Criminal Justice and Courts Act 2015.

Section 67[]

This section was repealed by section 56(2) of, and Schedule 6 to, the .

Section 67(1)(b) was repealed by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982. In section 67(6), the words "remanded or", in the first place where they occurred, and the words "section 23 of the or" were repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Section 68[]

This section was repealed by section 461(2) of, and Part I of Schedule 10 to, the Criminal Procedure (Scotland) Act 1975.

Section 69[]

The words ", section 40 of the Prisons (Scotland) Act 1989" in section 69(2) were repealed by Part I of Schedule 7 to the .

Section 70[]

The words "corrective training or preventive detention" in section 70(1) were repealed by section 83(3) of, and Schedule 8 to, the Criminal Justice (Scotland) Act 1980.

Section 72[]

Sections 72(1) to (4) were repealed by section 461(2) of, and Part I of Schedule 10 to, the Criminal Procedure (Scotland) Act 1975.

Part IV - Legal Aid in Criminal Proceedings[]

Sections 73 to 75[]

These sections were repealed by Part I of Schedule 5 to the .

Section 76[]

This section was repealed by Part I of Schedule 5 to the Legal Aid Act 1974. The words from "or any other court" to "1962" in section 76(4)(b), and the words from "or any other court" to "section 16" in section 76(4)(c) were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Sections 77 and 78[]

These sections were repealed by Part I of Schedule 5 to the Legal Aid Act 1974.

Section 79[]

This section was repealed by Part I of Schedule 5 to the Legal Aid Act 1974. Sections 79(3) to (7) were repealed by section 54(3) of, and Schedule 11 to, the Administration of Justice Act 1970.

Section 80[]

This section was repealed by Part I of Schedule 5 to the Legal Aid Act 1974.

Section 81[]

This section was repealed by Part I of Schedule 5 to the Legal Aid Act 1974. Sections 81(5) to (7) were repealed by section 56(4) of, and Part III of Schedule 11 to, the Courts Act 1971.

Sections 82 and 83[]

These sections were repealed by Part I of Schedule 5 to the Legal Aid Act 1974.

Section 84[]

This section was repealed by Part I of Schedule 5 to the Legal Aid Act 1974. The definition of "appropriate authority" was repealed by section 54(3) of, and Schedule 11 to, the Administration of Justice Act 1970.

Part V - Firearms[]

This Part consisted of sections 85 to 88. This Part was repealed by section 59(1) of, and Schedule 7 to, the Firearms Act 1968.

Part VI - Miscellaneous and General[]

Section 89 - False written statements tendered in evidence[]

The combined effect of section 89(2) of this Act, and of section 17(1) of, and paragraph 14 of Schedule 1 to, the Magistrates' Courts Act 1980, is that an offence under section 89 of this Act is triable either way.[2]

The words "2 or" in section 89(1) were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980. The words from "or in proceedings" to "Air Force Act 1955" in section 89(1) were repealed by section 378 of, and Schedule 17 to, the Armed Forces Act 2006.

Section 90[]

This section was repealed by section 45(2) of, and Schedule 6 to, the . The words "an order under section 44(8) or" in section 90(1) were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 91[]

The words "may be arrested without warrant by any person and" in section 91(1) were repealed by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005. Section 91(5) was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 92[]

Section 92(7) was repealed by Part 1 of Schedule 3 to the . Section 92(8) was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Section 93[]

This section was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. Section 93(3) was repealed by section 461(2) of, and Part I of Schedule 10 to, the Criminal Procedure (Scotland) Act 1975. Section 93(4) was repealed by section 177(3) of, and Part I of Schedule 6 to, the .

Section 94[]

This section was repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980.

Section 95[]

This section, except section 95(1), was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. Section 95(1) was repealed by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982.

Sections 95(4) and (5) were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

Section 96[]

This section was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973.

Section 97[]

This section was repealed by section 54 of, and Schedule 7 to, the Criminal Appeal Act 1968.

Section 98[]

Sections 98(1) to (5) and (7) were repealed by section 54 of, and Schedule 7 to, the Criminal Appeal Act 1968. Section 98(7) was repealed by section 54 of, and Schedule 5 to, the .

Section 99[]

This section was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973.

Section 100[]

Section 100(2) was repealed in part by Part I of Schedule 5 to the Legal Aid Act 1974. Section 100(2A) was repealed as to Scotland by section 45(2) of, and Schedule 3 to, the Prisons (Scotland) Act 1989.

Section 101[]

Section 101(b) was repealed by Part I of Schedule 5 to the Legal Aid Act 1974.

Section 104[]

The definition of "the clerk of the court" in section 104(1) was repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971. In section 104(1), the definitions of "explosive", "firearm", "imitation firearm" and "offensive weapon" were repealed by section 1(1) of, and Part I of Schedule 1 to, the Statute Law (Repeals) Act 1993.

Section 105[]

Sections 105(1) and (2) were repealed by section 41 of, and Schedule 6 to, the Northern Ireland Constitution Act 1973.

Section 106 - Short title, extent and commencement[]

The words "and (4)" in section 106(2)(b) were repealed by section 177(3) of, and Part I of Schedule 6 to, the Customs and Excise Management Act 1979. The figure "3" in section 106(2)(b) was repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980. The words "the Geneva Conventions Act 1957" in section 106(2)(f) were repealed by section 54 of, and Schedule 7 to, the Criminal Appeal Act 1968. The words "the ," in section 106(2)(f) were repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. Section 106(3)(b), so far as relates to section 38(7), was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. The words "the Geneva Convention Act 1957 and" in section 106(3)(e) were repealed by section 54 of, and Schedule 7 to, the Criminal Appeal Act 1968. Section 106(3)(d) was repealed by section 122(2) of, and Part I of Schedule 7 to, the Judicature (Northern Ireland) Act 1978.

The following orders have been made under section 106(5):

Schedule 1[]

This Schedule was repealed by section 54(3) of, and Schedule 11 to, the Administration of Justice Act 1970.

Schedule 2[]

This Schedule was repealed as to Scotland by section 45(2) of, and Schedule 3 to, the Prisons (Scotland) Act 1989. This Schedule was repealed as to England and Wales by section 101(2) of, and Schedule 13 to, the Criminal Justice Act 1991.

Schedule 3[]

Part I[]

The entries relating to section 54 of the Metropolitan Police Act 1839, the Offences against the Person Act 1861, the , the Fire Services Act 1947, the National Assistance Act 1948, section 8 of the , section 9 of the , the Dogs (Protection of Livestock) Act 1953, section 55 of the , section 119(4)(b) of the , section 20(2) of the Mental Health Act 1959, and section 43(1) of the were repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. The entry relating to the Prevention of Corruption Act 1906 was repealed by section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988. The entries relating to 1 & 2 Wm 4 c 43, the , the , the Local Government Act 1933, the and the were repealed by section 1(1) of, and Part I of Schedule 1 to, the Statute Law (Repeals) Act 1993.

Part II[]

The entry relating to the Public Health Act 1875 was repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. The entries relating to the Local Government Act 1933 and the Local Government (Scotland) Act 1947 were repealed by section 1(1) of, and Part I of Schedule 1 to, the Statute Law (Repeals) Act 1993.

Part III[]

This Part was repealed by Part 1 of Schedule 3 to the Public Health etc. (Scotland) Act 2008.

Schedule 4[]

Paragraphs 1 to 8, 20, 23, 24(a), 28 and 33 to 40 were repealed by section 54 of, and Schedule 7 to, the Criminal Appeal Act 1968. Paragraphs 21 and 22 were repealed by section 56(4) of, and Part III of Schedule 11 to, the Courts Act 1971. Paragraphs 25 and 27 were repealed by section 122(2) of, and Part I of Schedule 7 to, the Judicature (Northern Ireland) Act 1978. The words "and also as it applies to Northern Ireland" in paragraph 26 repealed by section 122(2) of, and Part I of Schedule 7 to, the Judicature (Northern Ireland) Act 1978.

Schedule 5[]

Paragraphs 1, 2, 15, 16 and 17 were repealed by section 1(1) of, and Part I of Schedule 1 to, the Statute Law (Repeals) Act 1993.

Schedule 6[]

Paragraphs 4, 22 and 27 were repealed by section 54 of, and Schedule 7 to, the Criminal Appeal Act 1968. Paragraph 6 was repealed by section 56(2) of, and Schedule 6 to, the Powers of Criminal Courts Act 1973. Paragraphs 14 to 16 and 21 were repealed by section 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. Paragraphs 9 to 13 and 17 to 20 were repealed by section 154(3) of, and Schedule 9 to, the Magistrates' Courts Act 1980. Paragraph 21 was repealed by section 461(2) of, and Part I of Schedule 10 to, the Criminal Procedure (Scotland) Act 1975. The amendment of the in paragraph 23 was repealed by section 205(1) of, and Part I of Schedule 9 to, the Road Traffic Act 1972.

See also[]

References[]

  • "Criminal Justice Act 1967". Halsbury's Statutes of England and Wales. Fourth Edition. LexisNexis. 2010 Reissue. Volume 11(1). Page 429. 2008 Reissue. Volume 12(1). Page 451.
  • "The Criminal Justice Act 1967". Halsbury's Statutes of England. Third Edition. Butterworths. London. 1969. Volume 8. Page 583. See also the Preliminary Note to the volume. Butterworths. London. 1970. Volume 21. Page 355. Volume 25. Page 886.
  • Halsbury's Statutes of England. Second Edition. Volume 47: Continuation Volume 1967: [1] [2].
  • John Burke (ed). "Criminal Justice Act 1967". Current Law Statutes Annotated 1967. Sweet & Maxwell. Stevens & Sons. London. W Green & Son. Edinburgh. 1967. Chapter 80. Google Books.
  • David Napley. A Guide to Law and Practice under the Criminal Justice Act 1967. Sweet & Maxwell. London. 1967. Reviewed at 19 Northern Ireland Legal Quarterly 238; (1968) 102 Irish Law Times and Solicitors' Journal 87 (2 Mar); (1968) 118 New Law Journal 191 (22 Feb); (1968) 132 Justice of the Peace and Local Government Review 41 (20 Jan); and (1968) 112 Solicitors' Journal 84 (2 Feb).
  • Brian Harris. A Short Guide to the Criminal Justice Act 1967. Justice of the Peace Ltd. 1968. Reviewed at 41 Police Journal 128.
  1. ^ The citation of this Act by this short title is authorised by section 106(1) of this Act.
  2. ^ Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 28-189 at page 2311.

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