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The Crime and Courts Act 2013 (Commencement No. 15, Transitional and Savings Provisions) Order 2016

S.I. 2016/962 · Made 28 September 2016 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 9 October 2017.

Criminal Law, England And Wales

Made 28th September 2016

The Secretary of State makes the following Order in exercise of the powers conferred by sections 60(b), 61(2) and 61(8) of the Crime and Courts Act 2013f1.

Annotations to the whole text

Footnotes

f1

2013 c. 22. There are amendments to section 61, but none are relevant to this Order.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 17th October 2016
  3. 3Period for which the provisions of the Act remain in force
  4. 4Transitional and savings provisions
  5. Signature
  6. Explanatory note

1Citation and interpretationI1

(1)

This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 15, Transitional and Savings Provisions) Order 2016.

(2)

In this Order “the Act” means the Crime and Courts Act 2013.

2Provisions coming into force on 17th October 2016I1

(1)

Subject to articles 3 and 4, the following provisions of the Act come into force on 17th October 2016 in relation to the local justice areasf1 specified in paragraph (2)—

(a)

section 44 (dealing non-custodially with offenders), so far as relating to Part 4 of Schedule 16 to the Act, and

(b)

Part 4 of Schedule 16 (electronic monitoring of offenders).

(2)

The specified local justice areas are—

(a)

Birmingham and Solihull;

(b)

Black Country;

(c)

Central and South West Staffordshire;

(d)

Coventry and Warwickshire;

(e)

Leicestershire and Rutland;

(f)

North Staffordshire;

(g)

Nottinghamshire, and

(h)

South East Staffordshire.

3Period for which the provisions of the Act remain in forceI1

Subject to article 4, the provisions of the Act brought into force by article 2 cease to be in force at the end of F130th June 2018.

4Transitional and savings provisionsI1

(1)

The provisions of the Act brought into force by article 2 do not apply in relation to electronic monitoring requirements imposed by a court in accordance with section 215 of the Criminal Justice Act 2003f1 in the areas specified in article 2(2) before 17th October 2016.

(2)

Article 3 does not affect the continued application after F130th June 2018 of an electronic monitoring requirement imposed by a court in the areas specified in article 2(2) on or after 17th October 2016 and before or on 30th June 2018 and the provisions brought into force by article 2 shall continue to have effect after 30th June 2018 in relation to any such requirements imposed during that period.

Signature

Sam Gyimah

Parliamentary Under Secretary of State

Ministry of Justice

28th September 2016

Explanatory note

(This note is not part of the Order)

Part 4 of Schedule 16 to the Crime and Courts Act 2013 (c.22) (“the 2013 Act”) amends the framework for the electronic monitoring of offenders set out in the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”). In particular, it amends the definition of “electronic monitoring requirements” (as contained in the 2003 Act) which can be imposed as part of a community order or suspended sentence order. Section 61 of the 2013 Act provides that section 44 of, and Part 4 of Schedule 16 to, the 2013 Act can be brought into force for specified periods in specified areas. This Order commences Part 4 of Schedule 16 to the Act in the specified local justice areas set out in article 2. Article 3 provides those provisions will remain in force until 13th October 2017, subject to the saving and transitional provisions in article 4.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.