Page:Criminal Law Act 1977.pdf/118

114c. 45



2. In Part I of Schedule 4 (prosecution and punishment of offences), in column 7 (additional provisions)—
 * (a) in the entry relating to section 3, for “4” substitute “3A, 4, 5”;
 * (b) in the entry relating to section 18, after “paragraphs" insert “3A”.

3.—(1) Part IV of Schedule 4 (supplementary provisions as to prosecution, trial and punishment of offences) shall be amended as follows.

(2) After paragraph 3 insert the following paragraph—
 * “3A.—(1) Where on a person’s trial on indictment in England or Wales for an offence under section 1, 2, or 17 the jury find him not guilty of the offence specifically charged in the indictment, they may (without prejudice to section 6(3) of the Criminal Law Act 1967) find him guilty—
 * (a) if the offence so charged is an offence under section 1 or 2, of an offence under section 3; or
 * (b) if the offence so charged is an offence under section 17, of an offence under section 18.

(2) The Crown Court shall have the like powers and duties in the case of a person who is by virtue of this paragraph convicted before it of an offence under section 3 or 18 as a magistrates’ court would have had on convicting him of that offence.”.

(3) In paragraph 5 (by virtue of which, on a prosecution on indictment for an offence to which section 179 does not apply, subsection (2) of that section does not prejudice any power of the jury to find him guilty of an offence under section 2)—
 * (a) after “apply”, insert “or (if that section does not apply) as regards which the requirement of section 179(2) has been satisfied, or does not apply,”;
 * (b) after “section 2”, add “or 3”.

FINANCE ACT 1972 (c. 41) Paragraph 9 of Schedule 6 (right of members of value added tax tribunals to refuse to serve on juries) shall cease to have effect as regards juries in England and Wales. CRIMINAL JUSTICE ACT 1972 (c. 71) 1. In section 34(1) (power of constable to take drunken offender to a place approved by the Secretary of State as a medical treatment centre for alcoholics), omit “medical”.

2. In section 41(4) (time-limit of fourteen days for the exercise of power of magistrates’ court to re-open a case to rectify mistakes etc.) for “fourteen days” substitute “twenty-eight days”.

3. Paragraph 2 above shall not apply in relation to sentences or other orders imposed or made, or findings of guilt pronounced, before the coming into force of this paragraph.