Administration of Justice (Miscellaneous Provisions) Act 1933
| Jurisdiction | UK Non-devolved |
| Citation | 1933 c. 36 |
| Year | 1933 |
Administration of Justice (Miscellaneous Provisions) Act 1933
1933 CHAPTER 36 23 and 24 Geo 5
An Act to abolish grand juries and amend the law as to the presentment of indictments; to provide for the summary determination of questions as to liability for death duties; to make provision for alternative procedure for the recovery of Crown debts and to enable proceedings by the Crown to be instituted in county courts in appropriate cases; to amend the procedure as to certain prerogative writs and as to trials by jury in the High Court; to amend the law as to the payment of costs by and to the Crown; to provide for the further delegation of the jurisdiction of the Master in Lunacy; and for purposes connected with the matters aforesaid.
[28th July 1933]
Modifications etc. (not altering text)
C1
Ss. 2, 10(1)(2), and Sch. 2 were originally published in SIF 39:1 (Criminal Law; General) and ss. 7, 9 and 10 in SIF 39A (Crown Proceedings)
C2
By Criminal Justice Act 1991 (c. 53, SIF 39:1), S. 10(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to Juvenile Courts.
Commencement Information
I1
Act wholly in force at 1.9.1933 by s. 10(4) (now repealed).
Amendments (Textual)
F1
S. 1 repealed by Courts Act 1971 (c. 23), 56(4), Sch. 11 Pt. IV
(1)
Subject to the provisions of this section, a bill of indictment charging any person with an indictable offence may be preferred by any person before a court in which the person charged may lawfully be indicted for that offence
F2
... and it shall thereupon become an indictment and be proceeded with accordingly:
F3
...
(2)
Subject as hereinafter provided no bill of indictment charging any person with an indictable offence shall be preferred unless either—
(a)
the person charged has been
F4
sent
for trial for the offence; or
……………………………
……………………………
……………………………
(b)
the bill is preferred
F6
by the direction of the
F7
criminal division of the Court of Appeal
or
by the direction or with the consent of a judge of the High Court
F8
...:
F9
or
(ba)
F10
the bill is preferred with the consent of a judge of the Crown Court following a declaration by the court under paragraph 8(1) of Schedule 17 to the Crime and Courts Act 2013 (court approval of deferred prosecution agreement); or
(c)
the bill is preferred under section 22B(3)(a) of the
M1
Prosecution of Offences Act 1985.
Provided that—
(i)
F11
where the person charged has been sent for trial, the bill of indictment against him may include, either in substitution for or in addition to any count charging an offence specified in the notice under
F12
section 51D(1)
of the Crime and Disorder Act 1998, any counts founded on material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to that Act, was served on the person charged, being counts which may lawfully be joined in the same indictment;
(iA)
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iB)
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)
a charge of a previous conviction of an offence
F14
... may, notwithstanding that it was not included in
F15
such notice
or in any such direction or consent as aforesaid, be included in any bill of indictment
F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
If a bill of indictment
F17
has been
preferred otherwise than in accordance with the provisions of the last foregoing subsection
F18
..., the indictment shall be liable to be quashed:
Provided that—
(a)
if the bill contains several counts, and the said provisions have been complied with as respects one or more of them, those counts only that were wrongly included shall be quashed under this subsection; and
(b)
where a person who has been
F19
sent
for trial is convicted on any indictment or any count of an indictment, that indictment or count shall not be quashed under this subsection in any proceedings on appeal, unless application was made at the trial that it should be so quashed.
(4)(5)
F20
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)
F21
F22
Criminal Procedure Rules
may make provision
for carrying this section into effect and
F23
, in particular,
provision as to the manner in which and the time at which bills of indictment are to be preferred before any court and the manner in which application is to be made for the consent of a judge of the High Court
F24
... for the preferment of a bill of indictment.
(6ZA)
F25
Where a bill of indictment is preferred in accordance with subsections (1) and (2), no objection to the indictment may be taken after the commencement of the trial by reason of any failure to observe any rules under subsection (6).
(6ZB)
For the purposes of subsection (6ZA) the trial commences at the time when a jury is sworn to consider the issue of guilt or whether the accused did the act or made the omission charged, or, if the court accepts a plea of guilty before the time when a jury is sworn, when that plea is accepted.
(6ZC)
The references in subsection (6ZB) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003.
(6A)
F26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)
F27
... Nothing in this section shall affect any enactment restricting the right to prosecute in particular classes of case.
(8)
The provisions of any enactment passed before the commencement of this Act shall have effect subject to the adaptations and modifications specified in the Second Schedule to this Act.
Amendments (Textual)
F2
Words in s. 2(1) repealed (12.11.2009 with retrospective effect in accordance with Sch. 22 para. 26 of the amending Act) by Coroners and Justice Act 2009 (c. 25), ss. 116(1)(a)(i), 182(1)(b), Sch. 23 Pt. 3
F3
Words in s. 2(1) repealed (12.11.2009 with retrospective effect in accordance with Sch. 22 para. 26 of the amending Act) by Coroners and Justice Act 2009 (c. 25), ss. 116(1)(a)(ii), 182(1)(b), Sch. 23 Pt. 3
F4
Word in s. 2(2)(a) substituted (9.5.2005 for specified purposes; 18.6.2012 for specified purposes; 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 34(2)(a); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F5
S. 2(2)(aa)-(ac) repealed (18.6.2012 for specified purposes; 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 34(2)(b), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F6
Words inserted by Criminal Appeal Act 1964 (c. 43), s. 5, Sch. 2
F7
Words substituted by virtue of Criminal Appeal Act 1966 (c. 31), s. 1(6)(a)
F8
Words repealed by Prosecution of Offences Act 1985 (c. 23), s. 31(6), Sch. 2
F9
S. 2(2)(c) and preceding word inserted (1.6.1999) by 1998 c. 37, s. 119, Sch. 8 para. 5(1)(b); S.I. 1999/1279, art. 2.
F10
S. 2(2)(ba) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 32 (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)
F11
S. 2(2)(i) substituted (9.5.2005 for specified purposes; 18.6.2012 for specified purposes; 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 34(2)(c); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F12
Words in s. 2(2) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 82(2), 115(7); S.I. 2015/994, art. 6(o)
F13
S. 2(2)(iA)(iB) repealed (18.6.2012 for specified purposes; 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 34(2)(d), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5); S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F14
Words in s. 2(2)(ii)...
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