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Crown Copyright Acknowledged
Criminal Justice Act 1967 (-) Search lawindexpro for case law on this statute. This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted. 2:-- (5) The warrant referred to above is a warrant authorising any constable – (a) To enter (using such force as is reasonably necessary for the purpose) and search the premises, and (b) To take possession of any documents appearing to be documents of the description specified in the information or to take in relation to any documents so appearing any other steps which may appear to be necessary for preserving them and preventing interference with them. (6) Unless it is not practicable in the circumstances, a constable executing a warrant under sub-section (4) above shall be accompanied by an appropriate person. (7) In sub-section (6) "appropriate person" means (a) A member of the Serious Fraud Office; or (b) Some person who is not a member of that Office but whom the Director has authorised to accompany the constable. Proof of criminal intent 8.-- A court or jury, in determining whether a person has committed an offence--
(2) For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced ... consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term. See notes to s 67 below 67.-- (1) The length of any sentence of imprisonment imposed on an offender by a court shall be treated as reduced by any relevant period, but where he was previously subject to a probation order, a community service order, an order for conditional discharge or a suspended sentence in respect of that offence, any such period falling before the order was made or suspended sentence passed shall be disregarded for the purposes of this section (1A) In subsection (1) above 'relevant period' means
or (b) any period during which he was in custody-- (I)by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose by reason of his having been so committed and having been concurrently detained otherwise than by order of a court; or (c) any period during which, in connection with the offence for which the sentence was passed, he was remanded or committed to local authority accommodation by virtue of an order under section 23 of the Children and Young Persons Act 1969 or section 37 of the Magistrates Courts Act 1980 and in accommodation provided for the purpose of restricting liberty. (2) For the purposes of this section a suspended sentence shall be treated as a sentence of imprisonment when it takes effect under section 23 of the Powers of Criminal Courts Act 1973 and as being imposed by the order under which it takes effect. NB: See R v Governor of Styal Prison, ex p Mooney QBD 10 May 1995 Times 17 May 1995 - 'sentence of imprisonment' does not mean same as 'term of imprisonment' in section 51. Not all periods in custody necessarily count to defendant's credit. Where might not be deducted from sentence under s67 defence counsel to warn Judge so that appropriate credit can be given on sentence. (for which see also R v Davies Times 30 December 1994) R v Governor of Blundeston Prison, ex p Gaffney ([1982] 1WLR 696) and R v Secretary of State for the Home Department ex p Read ([1987] Cr App R (S) 206) 91:-- (1) Any person who in any public place is guilty while drunk of disorderly behaviour may be arrested without warrant and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. Interpretation 104-(1) ... (2) For the purposes of any reference in this Act, however expressed, to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term. NB: R v Secretary of State for the Home Department ex p Naughton This section 'came to the rescue' of the Home Secretary M Howard, faced with double counting of periods spent on remand when a prisoner received a consective term of imprisonment. The judgment is unconvincing. | ||||||||
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