OpenLegislation

The Crime and Disorder Act 1998 (Commencement No. 8) Order 2000

S.I. 2000/3283 · Made 15 December 2000

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, ENGLAND AND WALES

Made 15th December 2000

In the exercise of the powers conferred upon him by section 121 of the Crime and Disorder Act 1998f1, the Secretary of State hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 37.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

1

(1)

This Order may be cited as the Crime and Disorder Act 1998 (Commencement No. 8) Order 2000.

(2)

In this Order, “the 1998 Act” means the Crime and Disorder Act 1998.

2

To the extent that they are not already in force, the following provisions shall, subject to article 3 below, come into force on 15th January 2001:

(a)

sections 51 and 52 of the 1998 Act (no committal proceedings for indictable-only offences etc.)f1;

(b)

Schedule 3 of the 1998 Act f2;

(c)

paragraphs 3, 5(1)(a) and (2), 8, 12, 28, 29, 37, 40(2), 44, 45, 48, 49, 52(2), 63 to 67, 93 and 125(a), 126, 128 and 129 of Schedule 8 to the 1998 Actf3;

(d)

in Schedule 10, the entry relating to sections 125 and 126 of the Magistrates' Courts Act 1980f4.

3

In relation to any area not specified in Schedule 2 to the Crime and Disorder Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998, the provisions referred to in article 2 above shall apply only where the adult who appears or is brought before a magistrates' court in the proceedings in respect of which he is charged with an indictable-only offence, as provided for in section 51(1) of the 1998 Act, so appears or is brought before the court for the first time on or after 15th January 2001.

Signature

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

15th December 2000

Explanatory note

(This note is not part of the Order)

This Order brings fully into force on 15th January 2001 sections 51 and 52 of and Schedule 3 to the Crime and Disorder Act 1998 which provides that there shall be no committal proceedings for indictable-only offences. These provisions are already in force in the areas specified in Schedule 2 to the Crime and Disorder Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998. The Order also brings into force a number of minor and consequential amendments and repeals.

In relation to areas not specified in Schedule 2 to the 1998 Order, the provisions commenced by this Order apply only where the adult who appears or is brought before a magistrates' court in the proceedings in respect of which he is charged with an indictable-only offence, as provided for in section 51(1) of the 1998 Act, so appears or is brought before the court for the first time on or after 15th January 2001.