Criminal Law Act 1997

Savings and other general provisions.

15

15. (1) Except as provided by the following subsections, this Act, in so far as it affects any matter of procedure or evidence or the jurisdiction or powers of any court in relation to offences, shall have effect in relation to proceedings on indictment for an offence committed before the commencement of this Act if the person charged is arraigned after that commencement.

(2) Where a person is arraigned after the commencement of this Act on an indictment for a felony committed before that commencement, then, for the purposes of trial on that indictment, the offence shall be deemed always to have been a misdemeanour and, notwithstanding that the indictment is framed as an indictment for felony, shall be deemed to be charged as a misdemeanour in the indictment.

(3) On an indictment signed before the commencement of this Act, a person may be found guilty of any offence of which he or she could have been found guilty on that indictment if this Act had not been passed, but not of any other offence; and a person tried by a court-martial ordered or convened before that commencement may be found guilty of any offence of which he or she could have been found guilty if this Act had not been passed, but not of any other offence.

(4) For the purpose of Article 15.13 of the Constitution and for that purpose only, offences which were felonies immediately before the commencement of this Act shall continue to be treated as felonies and, accordingly, for all other purposes any rule of law or enactment whereby an offence is, or is regarded as, a felony shall be construed as relating to an indictable offence.

(5) Without prejudice to any express amendment or repeal made by this Act—

( a) nothing in this Act shall affect the operation of any reference to an offence in the enactments specially relating to that offence by reason only of the reference being in terms no longer applicable after the commencement of this Act;

( b) any enactment referring to felonious stealing or to felonious taking shall be read as referring merely to stealing;

( c) nothing in this Act shall affect the punishment provided for an offence by the enactments specially relating to that offence.