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The Criminal Justice Act 1988 (Commencement No. 14) Order 2004

S.I. 2004/2167 · Made 20 August 2004

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 20th August 2004

In exercise of the powers conferred upon me by section 171(1) and (2) of the Criminal Justice Act 1988f1 (“the 1988 Act”), I hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 33.

Contents

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

1

This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 14) Order 2004.

2

Subject to article 3, subsections (1)(a) and (3) of section 32 of the 1988 Act, so far as they are not already in force, shall come into force on 1st September 2004 in so far as they relate to proceedings to which subsection (1A)(a) of section 32 appliesf1.

3

(1)

This Order shall not apply if the trial, appeal or the hearing, as the case may be, has begun before 1st September 2004.

(2)

For the purposes of this Order, the start of the trial shall be taken to occur at the time when the jury are sworn.

(3)

The reference in paragraph (2) to the time when the jury are sworn includes the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003 f1 (trials on indictment without a jury).

Signature

Fiona Mctaggart

Parliamentary Under-Secretary of State

Home Office

20th August 2004

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st September 2004 sections 32(1)(a) and (3) of the Criminal Justice Act 1988 for the purposes of trials on indictment, appeals to the Criminal Division of the Court of Appeal and hearings of references under section 9 of the Criminal Appeal Act 1995. The effect of the Order is to enable evidence to be given in these proceedings through a live television link where the witness is outside the United Kingdom.