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Criminal Procedure 1961-24 Repealed CRIMINAL PROCEDURE ACT Repealed by Act. 2011-24 as from 23.11.2012 Principal Act Act. No. 1961-24 Commencement 1.1.1962 Assent 21.12.1961 With which are incorporated parts of Acts. 1960-02 1960-17 1961-23 1972-05 Amending Relevant current Commencement enactments provisions date Acts. 1960-11 ss.136, 155 and 166 1963-02 Sch. 2 1965-11 ss.89, 173(1) and (2), 249, 256(1), 294, 303(2) and (3), 304 and 309 1966-03 ss.94 and 171 1967-01 s.184 1967-04 Sch. 1 and 2 1967-13 ss.24(1) and 271(2) 1967-14 s.111(3) 1968-24 ss.206(1) and 252 1969-21 ss.2, 4, 179 and 181 1970-02 ss.58 and 303(1) 1971-19 ss.25(2), 93(3) and Sch. 2 1972-04 s.5 and Sch. 2 1972-05 ss.11, 49, 50, 53, 55, 78, 82, 90-92, 116, 124 and 131-134 1972-15 Schs. 1 and 2 1973-18 Sch. 5 1973-31 ss.173(2), (3) and (4) 1974-24 ss.145, 147, 150, and 159 1975-11 ss.223, 224(2) and 226 1977-10 s.171 1977-28 ss.4, 139, and 255 1977-34 ss.178 and 313 1977-35 ss.135, 149-151, 153, 154, 156- © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1961-24 Criminal Procedure Repealed 162, 164(2), and (3), and 166 1978-06 ss.19, 59, 208(3), and 316 1980-04 s.73 1982-12 ss.183 and 275(4) 1983-44 ss.161 and 162 1983-48 Schs. 2 and 3 1986-20 ss. 133 and 134 13.11.1986 1988-35 s. 55(3) 15.12.1988 1989-15 s. 180 10.8.1989 1989-36 s. 165 21.12.1989 1989-42 s. 248 21.12.1989 1990-04 ss.236, 237, 238, 239, 240, 245 and 246 1.3.1990 1990-41 ss. 60,61, 62 and 63 15.11.1990 1991-04 ss. 2, 61, 63, 112, 133, 161, 162, 177, 189, 190, 193, 195, 266, 274, 282 and Sch. 6 4.4.1991 1991-29 Part 2, ss. 39, 40 and 41 18.7.1991 1993-11 ss. 192 and 275 11.2.1993 1994-05 ss. 145, 146, 147, 148, 149, 150 and 152 27.7.1994 1995-11 s. 54 1.8.1995 1997-10 s.72 27.3.1997 LN. 1991/060 Sch. 2 and 5 11.4.1991 1991/092 Sch. 5 23.5.1991 Acts. 2000-02 ss.166 to170 20.4.2000 2000-13 ss. 219A, 219B and 219C 4.10.2001 2001-13 ss. 94, 94A, 94B, 94C, 94D, 94E, 94F, 94G, 94H, 94I, 99A, and Sch. 3A and 3B 6.6.2001 2005-68 s. 232(1) 22.12.2005 2007-17 ss. 36(2) & (3), 37(5) 14.6.2007 2010-20 ss. 135, 145 to 163 1.1.2011 2010-12 ss. 2, 275, 276, 279 to 284 1.2.20111 2011-242 s. 42 see below English sources Criminal Law Act 1826 (7 Geo. 4 c. 64) Criminal Law Act 1827 (7 & 8 Geo. 4 c. 28) Previous Conviction Act 1836 (6 & 7 Wm 4 c. 111) 1 See LN. 2011/007 2 Pursuant to s.703(2) of the Amending Act (Act. 2011-24), this amendment is deemed always to have had effect. © Government of Gibraltar (www.gibraltarlaws.gov.gi) Criminal Procedure 1961-24 Repealed Trials for Felony Act 1836 (6 & 7 Wm 4 c. 114) Metropolitan Police Act 1839 (2 & 3 Vict. c. 47) Criminal Justice Administration Act 1851 (14 & 15 Vict. c. 55) Summary Jurisdiction Act 1857 (20 & 21 Vict. c. 43) Remission of Penalties Act 1859 (22 Vict. c. 32) Criminal Lunatics Asylum Act 1860 (23 & 24 Vict. c. 75) Criminal Law Amendment Act 1867 (30 & 31 Vict. c. 35) Forfeiture Act 1870 (33 & 34 Vict. c. 23) Prevention of Crimes Act 1871 (34 & 35 Vict. c. 112) Trial of Lunatics Act 1883 (46 & 47 Vict. c. 38) Criminal Lunatics Act 1884 (47 & 48 Vict. c. 64) Interpretation Act 1889 (52 & 53 Vict. c. 63) Criminal Evidence Act 1898 (61 & 62 Vict. c. 36) Criminal Appeal Act 1907 (7 Edw. 7 c. 23) Criminal Justice Administration Act 1914 (4 & 5 Geo. 5 c. 58) Indictments Act 1915 (5 & 6 Geo. 5 c. 90) Criminal Justice Act 1925 (15 & 16 Geo. 5 c. 86) Sentence of Death (Expectant Mothers) Act 1931 (21 & 22 Geo. 5 c. 24) Children & Young Persons Act 1933 (23 & 24 Geo. 5 c. 12) Administration of Justice (Miscellaneous Provisions) Act 1933 (23 & 24 Geo. 5 c. 36) Summary Jurisdiction (Appeals) Act 1933 (23 & 24 Geo. 5 c. 38) Counterfeit Currency (Convention) Act 1935 (25 & 26 Geo. 5 c. 25) Children Act 1948 (11 & 12 Geo.5 c. 43) Criminal Justice Act 1948 (11 & 12 Geo. 6 c. 58) Costs in Criminal Cases Act 1952 (15 & 16 Geo. 6 and 1 Eliz. 2 c. 48) Children & Young Persons (Amendment) Act 1952 (15 & 16 Geo. 6 and 1 Eliz. 2 c. 50) Magistrates’ Courts Act 1952 (15 & 16 Geo. 6 and 1 Eliz. 2 c. 55) Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956 (4 & 5 Eliz. 2 c. 44) Magistrates’ Courts Act 1957 (5 & 6 Eliz. 2 c. 29) Criminal Justice Administration Act 1962 (10 & 11 Eliz. 2 c. 15) Criminal Procedure (Insanity) Act 1964 (1964 c. 84) Criminal Evidence Act 1965 (1965 c. 71) Murder (Abolition of Death Penalty) Act 1965 (1965 c. 20) Criminal Law Act 1967 (1967 c. 58) Criminal Justice Act 1967 (1967 c. 80) Criminal Appeal Act 1968 (1968 c. 19) © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1961-24 Criminal Procedure Repealed RE-NUMBERING OF SECTIONS Previous New 43 44 Number Number 44 45 1 1 45 46 2 2 46 47 3 3 47 48 4 4 48 49 5 5 49 50 6 6 50 51 7 7 51 52 8 8 52 53 9 9 52A 54 10 10 53 55 11 11 54 56 12 12 55 57 13 13 56 58 14 14 57 59 15 15 57A 60 16 16 57B 61 17 17 57C 62 18 18 57D 63 19 19 58 64 20 20 59 65 21 21 60 66 22 22 61 67 23 23 62 68 24 24 63 69 25 25 64 70 26 26 65 71 27 27 66 72 28 28 67 73 29 29 68 74 30 30 68A 75 31 31 69 76 32 32 70 77 33 33 71 78 34 34 72 79 35 35 73 80 36 36 74 81 37 37 75 82 38 38 76 83 39 39 77 84 40 40 78 85 40A 41 79 86 41 42 80 87 42 43 81 88 © Government of Gibraltar (www.gibraltarlaws.gov.gi) Criminal Procedure 1961-24 Repealed 82 89 129 136 83 90 130 137 84 91 131 138 85 92 132 139 86 93 133 140 87 94 134 141 88 95 135 142 89 96 136 143 90 97 137 144 91 98 138 145 92 99 139 146 93 100 140 147 94 101 141 148 95 102 142 149 96 103 143 150 97 104 144 151 98 105 145 152 99 106 146 153 100 107 147 154 101 108 148 155 102 109 149 156 103 110 150 157 104 111 151 158 105 112 152 159 106 113 153 160 107 114 154 161 108 115 155 162 109 116 156 163 110 117 157 164 111 118 157A 165 112 119 158 Repealed 113 120 159 Repealed 114 121 160 Repealed 115 122 161 Repealed 116 123 162 Repealed 117 124 163 171 118 125 164 172 119 126 165 173 120 127 166 174 121 128 167 175 122 129 168 176 123 130 169 177 124 131 170 178 125 132 171 179 126 133 171A 180 127 134 172 181 128 135 173 182 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1961-24 Criminal Procedure Repealed 174 183 220 230 175 184 221 231 176 185 222 232 177 186 223 233 178 187 224 234 179 188 225 235 179A 189 226 236 180 190 227 237 181 191 227A 238 182 192 227B 239 183 193 227C 240 184 194 228 241 185 195 229 242 186 196 230 243 187 197 231 244 188 198 232 245 189 199 232A 246 190 200 233 247 191 201 233A 248 192 202 234 249 193 203 235 250 194 204 236 251 195 205 237 252 196 206 238 253 197 207 239 254 198 208 240 255 199 209 241 256 200 210 242 257 201 211 243 258 202 212 244 259 203 213 245 260 204 214 246 261 205 215 247 262 206 216 248 263 207 217 249 264 208 218 250 265 209 219 251 266 210 220 252 267 211 221 253 268 212 222 254 269 213 223 255 270 214 224 256 271 215 225 257 272 216 226 258 273 217 227 259 274 218 228 260 275 219 229 261 276 © Government of Gibraltar (www.gibraltarlaws.gov.gi) Criminal Procedure 1961-24 Repealed 262 277 283 298 263 278 284 299 264 279 285 300 265 280 286 301 266 281 287 302 267 282 288 303 268 283 289 304 269 284 290 305 270 285 291 306 271 286 292 307 272 287 293 308 273 288 294 309 274 289 295 310 275 290 296 311 276 291 297 312 277 292 298 313 278 293 299 314 279 294 300 315 280 295 301 316 281 296 302 317 282 297 © Government of Gibraltar (www.gibraltarlaws.gov.gi) 1961-24 Criminal Procedure Repealed DERIVATION OF SECTIONS * 52 “ “ s.102 2 Act 1961-24 ss 2, 72 and 126 53 “ “ s.26D 3 “ “ s.175 55 “ “ s.26E 4 Act 1961-23 s.6 56 Act 1961-24 s.165 Act 1961-24 ss.135 and 153 57 “ “ s.170 5 Act 1961-24 s.9A 58 “ “ s.170A 6 “ “ s.3 59 “ “ s.170B 7 “ “ s.5 64 “ “ s.26 8 “ “ s.14 65 “ “ s.27 9 “ “ s.8 66 “ “ s.28 10 Act 1961-23 s.110 67 “ “ s.30 11 “ “ s.26F 68 “ “ s.31 12 Act 1960-17 s.225 69 “ “ s.29 13 “ “ s.177(1) 70 “ “ s.38 14 Act 1961-24 s.4 71 “ “ s.36 15 “ “ s.9 72 “ “ s.37 16 “ “ s.12 73 “ “ s.32 17 “ “ s.6 74 “ “ s.35 18 “ “ s.15 76 “ “ s.33 19 “ “ s.19A 77 “ “ s.34 20 Act 1961-23 s.114 78 Act 1961-23 s.25B 21 Act 1961-24 s.7 79 “ “ s.34 22 “ “ s.11 80 “ “ s.93 23 “ “ s.18 81 “ “ s.54 24 “ “ s.13 82 “ “ s.25F 25 “ “ s.22 83 “ “ s.41 26 “ “ s.23 84 Act 1961-24 s.148 27 “ “ s.10 85 “ “ s.149 28 Act 1960-17 s.58 86 “ “ s.150 29 Act 1961-24 s.110 87 “ “ s.147 30 Act 1960-17 s.101 88 “ “ s.146 31 “ “ s.140 89 “ “ s.43A 32 “ “ s.188 90 Act 1961-23 s.31A 33 “ “ s.192 91 “ “ s.31B 34 Act 1961-24 s.16 92 “ “ s.31C 35 “ “ s.17 93 Act 1961-24 s.43 36 Act 1960-17 ss.163 and 164 94 “ “ s.32A 37 “ “ s.177(2)-(5) 95 “ “ s.39 38 Act 1961-24 s.24 96 “ “ s.40 39 “ “ s.25 97 “ “ s.41 40 Act 1961-23 s.53 98 Act 1961-23 s.35 42 Act 1961-24 s.19 99 Act 1961-24 s.42 43 “ “ s.20 100 Act 1961-23 s.8 44 Act 1961-23 s.106 101 “ “ s.104 45 Act 1961-24 s.104 102 Act 1961-23 s.105 46 “ “ s.21 103 “ “ s.107 47 Act 1961-23 s.26 104 “ “ s.108 48 “ “ s.116 105 “ “ s.109 49 “ “ s.26A 106 “ “ s.18 50 “ “ s.26C 107 “ “ s.19 51 “ “ s.117 108 “ “ s.51 * Re-numbered as a result of the re-numbering of the Ordinance.
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  • Criminal Law

    Criminal Law

    The Law Commission (LAW COM. No. 96) CRIMINAL LAW OFFENCES RELATING TO INTERFERENCE WITH THE COURSE OF JUSTICE Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to heprinted 7th November 1979 LONDON HER MAJESTY’S STATIONERY OFFICE 213 24.50 net k The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Kerr, Chairman. Mr. Stephen M. Cretney. Mr. Stephen Edell. Mr. W. A. B. Forbes, Q.C. Dr. Peter M. North. The Secretary of the Law Commission is Mr. J. C. R. Fieldsend and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. 11 THE LAW COMMISSION CRIMINAL LAW CONTENTS Paragraph Page PART I: INTRODUCTION .......... 1.1-1.9 1 PART 11: PERJURY A . PRESENT LAW AND WORKING PAPER PROPOSALS ............. 2.1-2.7 4 1. Thelaw .............. 2.1-2.3 4 2 . The incidence of offences under the Perjury Act 1911 .............. 2.4-2.5 5 3. Working paper proposals ........ 2.6-2.7 7 B . RECOMMENDATIONS AS TO PERJURY IN JUDICIAL PROCEEDINGS ........ 2.8-2.93 8 1. The problem of false evidence not given on oath and the meaning of “judicial proceedings” ............ 2.8-2.43 8 (a) Working paperproposals ...... 2.9-2.10 8 (b) The present law .......... 2.1 1-2.25 10 (i) The Evidence Act 1851. section 16 2.12-2.16 10 (ii) Express statutory powers of tribunals .........