Criminal Law Act 1977
Encyclopedia
The Criminal Law Act 1977 (c.45) is an Act
of the Parliament
of the United Kingdom
. Most of it only applies to England and Wales
. It is mainly significant because it defines the offence of conspiracy
in English law
. However it also created offences concerned with criminal trespass
in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.
.
This section has been widely used by squatters
in England and Wales, as it makes it a crime in most circumstances for the landlord to force entry, as long as the squatters are physically present and express opposition to the landlord's entry. It should be noted that 'squatters rights' do not apply when the property apppears to be occupied (e.g. there are signs of current use, furniture, etc).
Section 6 is referred to in printed legal warnings, which are commonly displayed near the entrances to squatted buildings. Squatters are not protected by the Protection from Eviction Act 1977, which makes it a crime to evict tenants without following the legal process.
Reasonable force used by a bailiff executing a possession order would not be considered unauthorised violence, so landlords can still legally regain possession through the courts.
Subsection (1) abolished the common law
offence of forcible entry
and any offence at common law of forcible detainer.
Subsection (2) repealed:
on an information charging him with an offence triable either way, and for related purposes.
. This section was replaced by section 17 of the Magistrates' Courts Act 1980
.
triable only on indictment. It did this by repealing section 5 of the Newspaper Libel and Registration Act 1881. It was repealed by the Statute Law (Repeals) Act 1993 because it was spent
by virtue of section 15 of the Interpretation Act 1978
.
and dangerous cycling (whilst re-enacting those parts of the same provisions that referred to reckless driving and cycling).
Subsection (1) substituted sections 1 and 2 of the Road Traffic Act 1972. Subsection (2) substituted section 17 of that Act.
so that it includes leaves and stalks of the plant other than mature stalk separated from the rest of the plant. It was enacted in response to the successful appeal in R v Goodchild [1977] 2 All ER 163, [1977] 1 WLR 473 for the possession of dried leaves and stalks of the plant containing cannabis resin because these could not be described as "flowering and fruiting tops" of the plant and therefore did not fall within the definition then provided.
.
.
Subsection (3) substituted section 20 of the Coroners (Amendment) Act 1926. Subsection 4 repealed the City of London Fire Inquests Act 1888.
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Most of it only applies to England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. It is mainly significant because it defines the offence of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. However it also created offences concerned with criminal trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.
Part II - Offences relating to entering and remaining on property
This Part implemented recommendations contained in the Report on Conspiracy and Criminal Law Reform (Law Com 76) by the Law CommissionLaw Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
.
Section 6 - Violence for securing entry
Section 6 creates an offence of using or threatening unauthorised violence for the purpose of securing entry into any premises, while there is known to be a person inside opposing entry. Violence is taken to include violence to property, as well as to people.This section has been widely used by squatters
Squatting
Squatting consists of occupying an abandoned or unoccupied space or building, usually residential, that the squatter does not own, rent or otherwise have permission to use....
in England and Wales, as it makes it a crime in most circumstances for the landlord to force entry, as long as the squatters are physically present and express opposition to the landlord's entry. It should be noted that 'squatters rights' do not apply when the property apppears to be occupied (e.g. there are signs of current use, furniture, etc).
Section 6 is referred to in printed legal warnings, which are commonly displayed near the entrances to squatted buildings. Squatters are not protected by the Protection from Eviction Act 1977, which makes it a crime to evict tenants without following the legal process.
Reasonable force used by a bailiff executing a possession order would not be considered unauthorised violence, so landlords can still legally regain possession through the courts.
- Section 7 - Adverse occupation of residential premises
- Section 8 - Trespassing with a weapon of offence
Section 9 - Trespassing on the premises of foreign missions etc
The purpose of this offence is to fill the lacuna that might otherwise have been left in the law by the abolition of the common law offence of conspiracy to trespass by section 5(1) of the Act.- Section 10 - Obstruction of court officers executing process for possession against unauthorised occupiers
- Section 11 - Power of entry for the purpose of Part II of the Act
- Section 12 - Supplementary provisions
Section 13 - Abolitions and repeals
This section abolished existing offences and repealed earlier statutes that were superseded by Part II of the Act.Subsection (1) abolished the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
offence of forcible entry
Forcible entry
Forcible entry is defined by Merriam-Webster's Dictionary of Law as the unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another's property, especially when accompanied by force....
and any offence at common law of forcible detainer.
Subsection (2) repealed:
- The Forcible Entry Act 1381Forcible Entry Act 1381The Forcible Entry Act 1381 was an Act of the Parliament of the Kingdom of England. It created a statutory offence of forcible entry which superseded the common law offence....
- 15 Ric 2 c 2
- The Forcible Entry Act 1429Forcible Entry Act 1429The Forcible Entry Act 1429 was an Act of the Parliament of the Kingdom of England. It is written in the Anglo-Norman language. It was expressed to be passed because the statute 15 Ric 2 c 2 was felt to be inadequate because it did not apply to persons committing forcible detainer after a peaceful...
- The Forcible Entry Act 1588Forcible Entry Act 1588The Forcible Entry Act 1588 was an Act of the Parliament of the Kingdom of England.Its purpose was to prevent the avoidance of the proviso to the Forcible Entry Act 1429. It provided that no restitution was to be made on an indictment for forcible entry against parties who had been in possession...
- The Forcible Entry Act 1623Forcible Entry Act 1623The Forcible Entry Act 1623 was an Act of the Parliament of the Kingdom of England. It provided that any judge who already had a statutory power, on enquiry, to give restitution of possession of freehold land in respect of which forcible entry or forcible detainer was being committed, was to have...
Part III - Criminal procedure, penalties etc
This Part implemented recommendations contained in the Report of the Interdepartmental Committee on the Distribution of Criminal Business between the Crown Court and Magistrates' Courts (Cmnd 6323) (1975).Section 14 - Preliminary
This section provided that sections 15 to 24 had effect for the purpose of securing that, as regards mode of trial, there were only three classes of offence, namely offences triable only on indictment, offences triable only summarily and offences triable either way, for laying down a single procedure applicable to all cases where a person who had attained the age of seventeen appeared or was brought before a magistrates' courtMagistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
on an information charging him with an offence triable either way, and for related purposes.
- Section 15 - Offences which are to become triable only summarily
Section 16 - Offences which are to become triable either way
Subsection (2) replaced section 19 of the Magistrates' Courts Act 1952Magistrates' Courts Act 1952
The Magistrates' Courts Act 1952 was an Act of the Parliament of the United Kingdom which related to magistrates' courts...
. This section was replaced by section 17 of the Magistrates' Courts Act 1980
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 is an Act of the Parliament of the United Kingdom. It codifies the procedures applicable in magistrates' courts in the United Kingdom and largely replaces the Magistrates' Courts Act 1952...
.
Section 17 - Offence which is to become triable only on indictment
This section made the offence of criminal libelCriminal libel
Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used....
triable only on indictment. It did this by repealing section 5 of the Newspaper Libel and Registration Act 1881. It was repealed by the Statute Law (Repeals) Act 1993 because it was spent
Spent law
A spent law or spent enactment is a piece of legislation which is still in force, but which could be repealed without any practical consequences.-United Kingdom:The repeal of spent legislation is primarily the responsibility of the Law Commission...
by virtue of section 15 of the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
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- Section 18 - Provisions as to time limits on summary proceedings for indictable offences
- Section 19 - Initial procedure on information for offence triable either way
- Section 20 - Court to begin by considering which mode of trial appears more suitable
- Section 21 - Procedure where summary trial appears more suitable
- Section 22 - Procedure where trial on indictment appears more suitable
- Section 23 - Certain offences triable either way to be tried summarily if the value involved is small
- Section 24 - Power of court, with consent of legally represented accused, to proceed in his absence
- Section 25 - Power to change from summary trial to committal proceedings, and vice versa
- Section 26 - Power to issue summons to accused in certain circumstances
- Section 27 - General limit on power of magistrates' court to impose imprisonment
- Section 28 - Penalties on summary conviction for offences triable either way
- Section 29 - Maximum penalties on summary conviction in pursuance of section 23
- Section 30 - Penalties and mode of trial for offences made triable only summarily
- Section 31 - Increase of fines for certain summary offences
- Section 32 - Other provisions as to maximum fines
- Section 33 - Penalty for offences under section 3 of the Explosive Substances Act 1883Explosive Substances Act 1883The Explosive Substances Act 1883 is an Act of the Parliament of the United Kingdom. It makes it illegal to use -- or conspire or intend to use -- any explosive substance to cause an explosion likely to endanger life or cause serious injury to property, whether or not any explosion actually takes...
- Section 34 - Power of magistrates' court to remit a person under 17 for trial to a juvenile court in certain circumstances
- Section 35 - Power to commit a person under 17 for trial extended to related offences in certain cases
- Section 36 - Enforcement of fines imposed on young offenders
- Section 37 - Supervision orders
- Section 38 - Execution throughout United Kingdom of warrants of arrest
- Section 39 - Service of summonses and citation throughout the United Kingdom
- Section 40 - Transfer of fine orders
- Section 41 - Transfer of remand hearings
- Section 42 - Remand of accused already in custody
- Section 43 - Peremptory challenge of jurors
- Section 44 - Appeals against conviction
- Section 45 - Cases where magistrates' Court may remit offender to another such court for sentence
- Section 46 - Committal for sentence of offences tried summarily
- Section 47 - Prison sentence partly served and partly suspended
- Section 48 - Power to make rules as to furnishing of information by prosecutor in criminal proceedings
- Section 49 - Power to order the search of persons before the Crown Court
Section 50 - Amendment of the Road Traffic Act 1972
This section abolished the offences of causing death by dangerous driving, dangerous drivingDangerous driving
Dangerous driving is a statutory offence in England and Wales and Scotland and Northern Ireland. It is also a term of art used in the definition of the offence of causing death by dangerous driving...
and dangerous cycling (whilst re-enacting those parts of the same provisions that referred to reckless driving and cycling).
Subsection (1) substituted sections 1 and 2 of the Road Traffic Act 1972. Subsection (2) substituted section 17 of that Act.
Section 52 - Misuse of Drugs Act 1971: redefinition of cannabis
This section substitutes the definition of cannabis in section 37(1) of the Misuse of Drugs Act 1971Misuse of Drugs Act 1971
The Misuse of Drugs Act 1971 is an Act of Parliament which represents UK action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic...
so that it includes leaves and stalks of the plant other than mature stalk separated from the rest of the plant. It was enacted in response to the successful appeal in R v Goodchild [1977] 2 All ER 163, [1977] 1 WLR 473 for the possession of dried leaves and stalks of the plant containing cannabis resin because these could not be described as "flowering and fruiting tops" of the plant and therefore did not fall within the definition then provided.
Section 53 - Amendments of the Obscene Publications Act 1959 with respect to cinematograph exhibitions
This section amends the Obscene Publications Act 1959Obscene Publications Act 1959
The Obscene Publications Act 1959 is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions...
.
Section 54 - Inciting girl under sixteen to have incestuous sexual intercourse
See incitementIncitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....
.
Section 55 - Amendment of the Rabies Act 1974 and the Diseases of Animals (Northern Ireland) Order 1975
This section amends the Rabies Act 1974 and the Diseases of Animals (Northern Ireland) Order 1975.Section 56 - Coroners inquests
This section implemented recommendations contained in the Report of the Committee on Death Certificates and Coroners (Cmnd 4810) (1971).Subsection (3) substituted section 20 of the Coroners (Amendment) Act 1926. Subsection 4 repealed the City of London Fire Inquests Act 1888.
Section 57 - Probation and conditional discharge: power to vary statutory minimum or maximum period
This section amended the Powers of Criminal Courts Act 1973.Section 58 - Proceedings involving persons under 17: increase of cetain pecuniary limits
This section amended section 8(3) of the Criminal Justice Act 1961 and the Children and Young Persons Act 1969.Section 59 - Alteration of maximum periods in default of payments of fines etc
This section substituted paragraph 1 of Schedule 3 to the Magistrates' Courts Act 1952Magistrates' Courts Act 1952
The Magistrates' Courts Act 1952 was an Act of the Parliament of the United Kingdom which related to magistrates' courts...
.
Section 60 - Increase in maximum amount of compensation which may be awarded by a magistrates' court
This section amended section 35(5) of the Powers of the Criminal Courts Act 1973.Section 65 - Citation, etc.
The following orders have been made under section 65(7):- The Criminal Law Act 1977 (Commencement No. 1) Order 1977 (S.I. 1977/1365 (C. 47))
- The Criminal Law Act 1977 (Commencement No. 2) Order 1977 (S.I. 1977/1426 (C. 51))
- The Criminal Law Act 1977 (Commencement No. 3) Order 1977 (S.I. 1977/1682 (C. 58))
- The Criminal Law Act 1977 (Commencement No. 5) Order 1978 (S.I. 1978/712 (C. 16))
- The Criminal Law Act 1977 (Commencement No. 7) Order 1980 (S.I. 1980/487 (C. 17))
- The Criminal Law Act 1977 (Commencement No. 9) Order 1980 (S.I. 1980/1632 (C. 69)
- The Criminal Law Act 1977 (Commencement No. 11) Order 1982 (S.I. 1982/243 (C. 9))
- The Criminal Law Act 1977 (Commencement No. 12) Order 1985 (S.I. 1985/579 (C. 8))
External links
- The Criminal Law Act 1977, as amended, from the National Archives.