|
|
|
Criminal Law Act 1967
1967 c.58
|
|
|
An Act to amend
the law of England and Wales by abolishing the division of crimes into
felonies and misdemeanours and to amend and simplify the law in respect of
matters arising from or related to that division or the abolition of it;
to do away (within or without England and Wales) with certain obsolete
crimes together with the torts of maintenance and champerty; and for
purposes connected therewith. |
|
[21st July 1967] |
|
Arrest without warrant.
|
2. — (1) The powers of summary arrest conferred by the following
subsections shall apply to offences for which the sentence is fixed by law
or for which a person (not previously convicted) may under or by virtue of
any enactment be sentenced to imprisonment for a term of five years (or
might be so sentenced but for the restrictions imposed by section 33 of
the Magistrates' Courts Act 1980)] and to attempts to commit any such
offence; and in this Act, including any amendment made by this Act in any
other enactment, “arrestable offence” means any such offence or attempt. |
|
|
[The said restrictions are those which apply where, in pursuance of
subsection (2) of section 22 of the said Act of 1980](certain offences to
be tried summarily if value involved is small) a magistrates’ court
summarily convicts a person of a scheduled offence within the meaning of
[the said section 22]. |
|
|
(2) Any person may arrest without warrant
anyone who is, or whom he, with reasonable cause, suspects to be, in the
act of committing an arrestable offence. |
|
|
(3) Where an arrestable offence has been
committed, any person may arrest without warrant anyone who is, or whom
he, with reasonable cause, suspects to be, guilty of the offence.
|
|
|
(4) Where a constable, with reasonable
cause, suspects that an arrestable offence has been committed, he may
arrest without warrant anyone whom he, with reasonable cause, suspects to
be guilty of the offence. |
|
|
(5) A constable may arrest without warrant
any person who is, or whom he, with reasonable cause, suspects to be,
about to commit an arrestable offence. |
|
|
(6) For the purpose of arresting a person
under any power conferred by this section a constable may enter (if need
be, by force) and search any place where that person is or where the
constable, with reasonable cause, suspects him to be. |
|
|
(7)
This section shall
not . . . prejudice
any power of arrest conferred by law apart from this section.] |
|
Textual
Amendments |
S. 2 repealed (E.W.) by Police and Criminal
Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7 Pt. I |
|
|
Criminal Law Act 1977, s. 65(7), Sch. 12 |
|
|
Magistrates' Courts Act 1980, Sch. 7 para.
61 |
|
|
Criminal Law Act 1977, s. 65(7), Sch. 12 |
|
|
Magistrates' Courts Act 1980, Sch. 7 para.
61 |
|
|
Magistrates' Courts Act 1980, Sch. 7 para.
61 |
|
|
Criminal Jurisdiction Act 1975, Sch. 6 Pt. I |
|
Other Modifications |
S. 2 extended by Theft Act 1968, s. 12(3) |
|
Use of force in
making arrest, etc. |
3. — (1) A person may use such force as is reasonable in the circumstances
in the prevention of crime, or in effecting or assisting in the lawful
arrest of offenders or suspected offenders or of persons unlawfully at
large. |
|
|
(2) Subsection (1) above shall replace the rules of the common law on the
question when force used for a purpose mentioned in the subsection is
justified by that purpose. |
|
Penalties for
assisting offenders. |
4.— (1) Where a person has committed an
arrestable offence, any other person who, knowing or believing him to be
guilty of the offence or of some other arrestable offence, does without
lawful authority or reasonable excuse any act with intent to impede his
apprehension or prosecution shall be guilty of an offence. |
|
|
(1A) In this section and section 5 below
“arrestable offence” has the meaning assigned to it by section 24 of the
Police and Criminal Evidence Act 1984. |
|
|
(2) If on the trial of an indictment for an
arrestable offence the jury are satisfied that the offence charged (or
some other offence of which the accused might on that charge be found
guilty) was committed, but find the accused not guilty of it, they may
find him guilty of any offence under subsection (1) above of which they
are satisfied that he is guilty in relation to the offence charged (or
that other offence). |
|
|
(3) A person committing an offence under
subsection (1) above with intent to impede another person’s apprehension
or prosecution shall on conviction on indictment be liable to imprisonment
according to the gravity of the other person’s offence, as follows:—
(a) if that offence is one for which the sentence is fixed by law, he
shall be liable to imprisonment for not more than ten years; |
|
|
(b) if it is one for which a person (not
previously convicted) may be sentenced to imprisonment for a term of
fourteen years, he shall be liable to imprisonment for not more than seven
years; |
|
|
(c) if it is not one included above but is
one for which a person (not previously convicted) may be sentenced to
imprisonment for a term of ten years, he shall be liable to imprisonment
for not more than five years; |
|
|
(d) in any other case, he shall be liable to
imprisonment for not more than three years. |
|
|
(4) No proceedings shall be instituted for
an offence under subsection (1) above except by or with the consent of the
Director of Public Prosecutions: |
|
|
(5) ... |
|
|
(6) ... |
|
|
(7) ... |
|
Trial of offences |
6. —
(1) Where a person is arraigned on an
indictment— |
|
|
(a) he shall in all cases be entitled to make a plea of not guilty in
addition to any demurrer or special plea; |
|
|
(b) he may plead not guilty of the offence specifically charged in the
indictment but guilty of another offence of which he might be found guilty
on that indictment; |
|
|
(c) if he stands mute of malice or will not answer directly to the
indictment, the court may order a plea of not guilty to be entered on his
behalf, and he shall then be treated as having pleaded not guilty.
|
|
|
(2) On an indictment for murder a person found not guilty of murder may be
found guilty— |
|
|
(a) of manslaughter, or of causing grievous bodily harm with intent to do
so; or |
|
|
(b) of any offence of which he may be found guilty under an enactment
specifically so providing, or under section 4(2) of this Act; or |
|
|
(c) of an attempt to commit murder, or of an attempt to commit any other
offence of which he might be found guilty;
|
|
|
but may not be found guilty of any offence not included above.
|
|
|
(3) Where, on a person’s trial on indictment for any offence except
treason or murder, the jury find him not guilty of the offence
specifically charged in the indictment, but the allegations in the
indictment amount to or include (expressly or by implication) an
allegation of another offence falling within the jurisdiction of the court
of trial, the jury may find him guilty of that other offence or of an
offence of which he could be found guilty on an indictment specifically
charging that other offence.
|
|
|
(4) For purposes of subsection (3) above any allegation of an offence
shall be taken as including an allegation of attempting to commit that
offence; and where a person is charged on indictment with attempting to
commit an offence or with any assault or other act preliminary to an
offence, but not with the completed offence, then (subject to the
discretion of the court to discharge the jury with a view to the
preferment of an indictment for the completed offence) he may be convicted
of the offence charged notwithstanding that he is shown to be guilty of
the completed offence.
|
|
|
(5) Where a person arraigned on an indictment pleads not guilty of an
offence charged in the indictment but guilty of some other offence of
which he might be found guilty on that charge, and he is convicted on that
plea of guilty without trial for the offence of which he has pleaded not
guilty, then (whether or not the two offences are separately charged in
distinct counts) his conviction of the one offence shall be an acquittal
of the other.
|
|
|
(6) Any power to bring
proceedings for an offence by criminal information in the High Court is
hereby abolished.
|
|
|
(7) Subsections (1) to (3) above shall apply to an indictment containing
more than one count as if each count were a separate indictment. |
Section 8:
A court or jury, in determining whether a
person has committed an offence,
(a) shall not be bound in law to infer that
he intended or foresaw a result of his actions by reason only of its being
a natural and probable consequence of those actions; but
(b) shall decide whether he did intend or
foresee that result by reference to all the evidence, drawing such
inferences from the evidence as appear proper in the circumstances.
|