Page:Criminal Law Act 1977.pdf/110

106c. 45

4.—(1) Section 29 (removal of detained person in the interests of justice or for the purposes of a public inquiry) shall be amended as follows.

(2) In subsection (1) (power of responsible Minister to direct removal from one place to another within the United Kingdom), after “other part of the United Kingdom” insert “or in any of the Channel Islands or the Isle of Man”.

(3) After subsection (1) insert—
 * “(1A) If the Secretary of State is satisfied, in the case of a person detained in any of the Channel Islands or the Isle of Man in a prison, remand centre or detention centre, that the attendance of that person at any place in the United Kingdom is desirable in the interests of justice or for the purposes of any public inquiry, the Secretary of State may direct that person to be taken to that place.”.

(4) In subsection (2), for “responsible Minister” substitute “Minister by whom that direction is given”.

5. In section 39(1) (interpretation) in paragraph (b) of the definition of “responsible Minister” for “the Minister of Home Affairs for Northern Ireland” substitute “the Secretary of State”. LICENSING ACT 1964 (c. 26) 1. In section 30(5), as inserted by paragraph 4 of Schedule 7 to the Finance Act 1967 (duty of clerk to licensing justices to send list to Collector of Customs and Excise within eight days of end of licensing sessions)—
 * (a) for “eight days” substitute “fourteen days”; and
 * (b) omit the words from “and the clerk” onwards (under which the clerk gets a fee for delivering a list of more than 25 names and commits an offence if he fails to comply with the subsection).

2. In section 169 (serving or delivering intoxicating liquor to or for consumption by persons under 18)—
 * (a) in subsection (1) (which prohibits, in licensed premises, the licence holder or his servant from knowingly selling intoxicating liquor to a person under 18 or allowing such a person to consume it in a bar, and the licence holder from knowingly allowing any person to sell it to a person under 18), for “subsection (4)” substitute “subsections (4) and (10)”; and
 * (b) after subsection (9) add—
 * “(10) Where, as regards any licensed premises, the holder of the licence is charged with an offence under subsection (1) of this section in a case in which it is proved or admitted that he did not personally have the knowledge required for the commission of the offence charged, he shall not be convicted of the offence on the basis of another's knowledge if he proves that he exercised all due diligence to avoid the commission of an offence under that subsection.”