The Criminal Law Act 1977 (c.45) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

. Most of it only applies to

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

. It creates the offence of

conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agree ...

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

. It also created offences concerned with criminal

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 ...

in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.

Main provisions

Part I - Conspiracy

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 Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

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 is the action of occupying an abandoned or unoccupied area of land or a building, usually residential, that the squatter does not own, rent or otherwise have lawful permission to use. The United Nations estimated in 2003 that there ...

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. "Squatters rights" do not apply when the property appears 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 The Protection from Eviction Act 1977c 43 is an Act of Parliament of the United Kingdom protecting people renting accommodation from losing their homes without the involvement of a court. Contents The Act's aim is to protect tenants from being eje ...

, 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. Laws regarding squatting residential properties were revised in the

Legal Aid, Sentencing and Punishment of Offenders Act 2012 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom enacted by the coalition government of 2010-2015, creating reforms to the justice system. The bill for the act was intro ...

. *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 Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific ...

conspiracy to trespass In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance ...

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 In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

offence of

forcible entry Forcible entry is "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". The term is also sometimes used for entry by military, pol ...

and any offence at common law of

forcible detainer Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgag ...

. Subsection (2) repealed: *The

Forcible Entry Act 1381 The Forcible Entry Act 1381 (5 Ric 2 St 1 c 7) 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. It is written in the Anglo-Norman language. The ori ...

* 15 Ric 2 c 2 *The

Forcible Entry Act 1429 The Forcible Entry Act 1429 (8 Hen 6 c 9) 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 di ...

*The

Forcible Entry Act 1588 The Forcible Entry Act 1588 (31 Eliz 1 c 11) 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 i ...

*The

Forcible Entry Act 1623 The Forcible Entry Act 1623 (21 Jac 1 c 15) 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 ...

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 Mode ( la, modus meaning "manner, tune, measure, due measure, rhythm, melody") may refer to: Arts and entertainment * '' MO''D''E (magazine)'', a defunct U.S. women's fashion magazine * ''Mode'' magazine, a fictional fashion magazine which is ...

, there were only three classes of offence, namely

offences triable only on indictment In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...

offences triable only summarily A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...

and

offences triable either way A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as i ...

, 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' court A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrate's Cour ...

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 1952 The Magistrates' Courts Act 1952 (15 & 16 Geo 6 & 1 Eliz c 55) was an Act of the Parliament of the United Kingdom which related to magistrates' courts. It was repealed by section 154 of, and Schedule 9 to, the Magistrates' Courts Act 1980. Sec ...

. This section was replaced by section 17 of the

Magistrates' Courts Act 1980 The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the p ...

Section 17 - Offence which is to become triable only on indictment

This section made the offence of

criminal 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. It is an alternative name for the common law offence which is also known (in order ...

triable only on indictment. It did this by repealing section 5 of the

Newspaper Libel and Registration Act 1881 The Newspaper Libel and Registration Act 1881 (44 & 45 Vict. c.60) was an act passed by the Parliament of the United Kingdom. Introduced as a Private Member's Bill, it reduced the legislative burden on newspaper proprietors with regard to the of ...

. It was repealed by the

Statute Law (Repeals) Act 1993 The Statute Law (Repeals) Act 1993 (c 50) is an Act of the Parliament of the United Kingdom. It implemented recommendations contained in the fourteenth report on statute law revision, by the Law Commission and the Scottish Law Commission. It r ...

because it was spent by virtue of section 15 of the

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, subord ...

. *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 1883 The Explosive Substances Act 1883 (c. 3) 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 ...

*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

Part IV - Miscellaneous provisions

Section 50 - Amendment of the Road Traffic Act 1972

This section abolished the offences of

causing death by dangerous driving Causing death by dangerous driving is a statutory offence in England and Wales, Scotland and Northern Ireland. It is an aggravated form of dangerous driving. It is currently created by section 1 of the Road Traffic Act 1988 (as substituted by the ...

dangerous driving In United Kingdom law, dangerous driving is a statutory offence. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving. Canada's Criminal Code ha ...

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 A road is a linear way for the conveyance of traffic that mostly has an improved surface for use by vehicles (motorized and non-motorized) and pedestrians. Unlike streets, the main function of roads is transportation. There are many types of ...

. Subsection (2) substituted section 17 of that Act.

Section 51 - Bomb hoaxes

This section creates an offence of

bomb hoaxes A bomb threat or bomb scare is a threat, usually verbal or written, to detonate an explosive or incendiary device to cause property damage, death, injuries, and/or incite fear, whether or not such a device actually exists. History Bomb threat ...

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 1971 The Misuse of Drugs Act 1971 is an Act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nation ...

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

977 Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman ma ...

2 All ER 163,

1 WLR 473 for the possession of dried leaves and stalks of the plant containing

cannabis resin Hashish ( ar, حشيش, ()), also known as hash, "dry herb, hay" is a drug made by compressing and processing parts of the cannabis plant, typically focusing on flowering buds (female flowers) containing the most trichomes. European Monitorin ...

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 1959 The Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene mater ...

Section 54 - Inciting girl under sixteen to have incestuous sexual intercourse

See

incitement In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but m ...

Section 55 - Amendment of the Rabies Act 1974 and the Diseases of Animals (Northern Ireland) Order 1975

This section amends the

Rabies Act 1974 Rabies is a viral disease that causes encephalitis in humans and other mammals. Early symptoms can include fever and tingling at the site of exposure. These symptoms are followed by one or more of the following symptoms: nausea, vomiting, vi ...

and the

Diseases of Animals (Northern Ireland) Order 1975 A disease is a particular abnormal condition that negatively affects the structure or function of all or part of an organism, and that is not immediately due to any external injury. Diseases are often known to be medical conditions that a ...

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 A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...

Section 57 - Probation and conditional discharge: power to vary statutory minimum or maximum period

This section amended the

Powers of Criminal Courts Act 1973 Powers may refer to: Arts and media * ''Powers'' (comics), a comic book series by Brian Michael Bendis and Michael Avon Oeming ** ''Powers'' (American TV series), a 2015–2016 series based on the comics * ''Powers'' (British TV series), a 200 ...

Section 58 - Proceedings involving persons under 17: increase of certain pecuniary limits

This section amended section 8(3) of the

Criminal Justice Act 1961 In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...

and the

Children and Young Persons Act 1969 A child ( : children) is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The legal definition of ''child'' generally refers to a minor, otherwise known as a person younger ...

Section 59 - Alteration of maximum periods in default of payments of fines etc

This section substituted paragraph 1 of Schedule 3 to the

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.

Part V

*Section 63 applies to Scotland

Part VI - Supplementary

Section 65 - Citation, etc.

References

External links

The Criminal Law Act 1977
as amended, from the National Archives. {{SquatE&W United Kingdom Acts of Parliament 1977 Criminal law of the United Kingdom