Page:Criminal Law Act 1977.pdf/17

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Criminal Law Act 1977
c. 4513

Part II

(7) Anyone who is on any premises as a trespasser shall not cease to be a trespasser for the purposes of this Part of this Act by virtue of being allowed time to leave the premises, nor shall anyone cease to be a displaced residential occupier of any premises by virtue of any such allowance of time to a trespasser.

(8) No rule of law ousting the jurisdiction of magistrates’ courts to try offences where a dispute of title to property is involved shall preclude magistrates’ courts from trying offences under this part of this Act.

Abolitions and repeals. 13.—(1) The offence of forcible entry and any offence of forcible detainer at common law are hereby abolished for all purposes not relating to offences committed before the coming into force of this Part of this Act.

(2) The following enactments shall cease to have effect—

(a) the 1381 c. 7.Forcible Entry Act 1381;
(b) chapter 2 of 15 Ric. 2 (1391);
(c) the 1429 c. 9.Forcible Entry Act 1429;
(d) the 1588 c. 11.Forcible Entry Act 1588; and
(e) the 1623 c. 15.Forcible Entry Act 1623.


Part III
Criminal Procedure, Penalties, etc.

Preliminary

Preliminary. 14. The provisions of this Part of this Act down to the end of section 24 shall have effect for the purpose of securing that, as regards mode of trial, there are only three classes of offence, namely—

(a) offences triable only on indictment;
(b) offences triable only summarily; and
(c) offences triable either way,

for laying down a single procedure applicable to all cases where a person who has attained the age of seventeen appears or is brought before a magistrates’ court on an information charging him with an offence which is triable either way, and for related purposes.

Allocation of offences to classes as regards mode of trial

Offences which are to become triable only summarily. 15.—(1) The following offences shall be triable only summarily (instead of either way), namely—

(a) the offences mentioned (and broadly described) in column 1 of Schedule 1 to this Act; and
(b) any offence consisting in the incitement to commit a summary offence.