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The Coroners and Justice Act 2009 (Commencement No. 5) Order 2010

S.I. 2010/1858 · Made 19 July 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law

Made 19th July 2010

The Secretary of State, in exercise of the powers conferred by section 182(5) of the Coroners and Justice Act 2009f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2009 c. 25.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 2nd August 2010
  3. 3Provisions coming into force on 15th August 2010
  4. Signature
  5. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 5) Order 2010.

(2)

In this Order, “the 2009 Act” means the Coroners and Justice Act 2009.

2Provisions coming into force on 2nd August 2010

The following provisions of the 2009 Act shall come into force on 2nd August 2010—

(a)

section 145 (transfer to parole board of functions under the Criminal Justice Act 1991f1);

(b)

in section 177 (consequential etc amendments and transitional and saving provisions), subsection (2) (transitional, transitory and saving provisions) so far as it relates to the provision specified in sub-paragraph (d);

(c)

section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (e);

(d)

in Schedule 22 (transitional, transitory and saving provisions), paragraph 43 (transfer of functions to Parole Board); and

(e)

in Part 5 of Schedule 23 (repeals: miscellaneous criminal justice provisions)—

(i)

the repeals relating to the Criminal Justice Act 1991; and

(ii)

the repeal relating to the Criminal Justice and Immigration Act 2008f2.

3Provisions coming into force on 15th August 2010

The following provisions of the 2009 Act shall come into force on 15th August 2010—

(a)

section 144 (treatment of convictions in other member States etc), so far as it relates to the provisions specified in sub-paragraph (d);

(b)

in section 177, subsection (2) so far as it relates to the provisions specified in sub-paragraph (e);

(c)

section 178, so far as it relates to the provisions specified in sub-paragraph (f);

(d)

in Schedule 17 (treatment of convictions in other member States etc)—

(i)

paragraph 1 (evidence of bad character);

(ii)

paragraph 3 (bail);

(iii)

paragraphs 6 and 7 (determining the seriousness of an offence);

(iv)

paragraph 10 (required custodial sentences for certain offences);

(v)

paragraph 11 (restriction on imposing custodial sentence or service detention);

(vi)

paragraph 12 (young offenders: referral conditions); and

(vii)

paragraphs 13 to 15 (proving of foreign convictions before courts in England and Wales);

(e)

in Schedule 22, paragraphs 40 to 42 (transitional provisions in relation to treatment of convictions in other member States etc), so far as they relate to paragraphs 1, 6, 7 and 10 to 15 of Schedule 17 to the 2009 Act; and

(f)

in Part 5 of Schedule 23, the repeals relating to—

(i)

the Criminal Justice and Public Order Act 1994f1;

(ii)

the Powers of Criminal Courts (Sentencing) Act 2000f2;

(iii)

the Criminal Justice Act 2003f3; and

(iv)

section 238(3) of the Armed Forces Act 2006f4.

Signature

Signed by the authority of the Secretary of State

Crispin Blunt

Parliamentary Under Secretary of State

Ministry of Justice

19th July 2010

Explanatory note

(This note is not part of the Order)

This Order brings into force certain provisions of the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”).

Article 2 brings into force on 2nd August 2010 section 145 of the 2009 Act, along with associated transitional provisions and repeals. Section 145 amends certain provisions of the Criminal Justice Act 1991 (c. 53) relating to parole decisions in respect of the release of long-term prisoners on licence.

Article 3 brings into force on 15th August 2010 section 144 of and most of Schedule 17 to the 2009 Act, also along with associated transitional provisions and repeals. Those provisions relate to the treatment of criminal convictions imposed by courts outside England and Wales and Northern Ireland. Those provisions transpose in relation to England and Wales Council Framework Decision 2008/675/JHA of 24th July 2008 on taking account of convictions in the Member States of the European Union in the course of criminal proceedings (OJ No L 220, 15.8.2008, p. 32).