A Review of Criminal Legislation during 1973
| DOI | 10.1177/002201837403800307 |
| Date | 01 July 1974 |
| Published date | 01 July 1974 |
| Subject Matter | Article |
AReview
Legislation of Criminal
During 1973
1973 did not see the enactment of any
major
criminal bills
but
most of two
major
Acts were brought into force; the Criminal
Justice Act, 1972, on the 1st
January,
1973,
and
the Misuse of
Drugs Act, 1971, on the 1st July, 1973. Both have already been
described in detail.
Such is the spate of legislation
that
it is impossible to cover
every subject
but
some of the main items affecting the criminal law
have been set
out
in the form of a summary.
Wherever possible the Act or regulation has been specified
in case it should be necessary to refer to them.
THE
CRIMINAL
JUSTICE
ACT,
1972 Ch. 71
1st
January,
1973.
THE
NEW
POWERS
OF
SENTENCING
The
main portions of this Act including the new powers of
sentencing were brought into force on the 1st
January,
1973, and
have already been fully discussed.
COMMENCEMENT
No.2
ORDER
S.I.
1973
NO.
272
1st April, 1973.
1.
CRIMINAL
BANKRUPTCY
&
DRIVING
DISQUALIFICATION
WHERE
VEHICLE
USED
FOR
CRIME
SECTIONS
7-10 &
24
These powers
are
limited to the Crown Courts following con-
viction on indictment.
2.
POWER
OF
MAGISTRATES'
COURTS
TO
RE-OPEN
CASES
TO
RECTIFY
MISTAKES,
ETC.
This is a valuable power which may only be exercised within
fourteen days beginning with the day on which the order was
made.
There
is still some uncertainty as to the exact procedure.
There
is a story
that
acertain
Court
imposed a 'totting' dis-
qualification because the Clerk misread the driving licence endorse-
ments.
The
disqualification was removed
under
s.41,
but
unbe-
known to the
Court
the defendant
had
already been arrested by
the police for driving whilst disqualified.
Under
s.41 (5) any variation is antedated unless the
Court
otherwise directs. Courts would be well advised to consider this
sub-section when operating 8.41.
236
To continue reading
Request your trial