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The Criminal Justice Act 2003 (Commencement No. 10 and Saving Provisions) Order 2005

S.I. 2005/1817 · Made 5 July 2005

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, SCOTLAND

CRIMINAL LAW, NORTHERN IRELAND

Made 5th July 2005

The Secretary of State, in exercise of the powers conferred upon him by sections 330(4)(b), 336(3) and (4) of the Criminal Justice Act 2003f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c. 44; section 333(3) is relevant to the scope of the powers in section 330(4)(b).

Contents

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

1

(1)

This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 10 and Saving Provisions) Order 2005.

(2)

In this Order “the 2003 Act” means the Criminal Justice Act 2003.

2

(1)

Subject to paragraph (3), the provisions of the 2003 Act specified in paragraph (2) shall come into force in relation to Northern Irelandf1 on 15th July 2005.

(2)

The provisions referred to in paragraph (1) are —

(a)

section 32 (initial duty of disclosure by prosecutor);

(b)

section 33(2) (defence disclosure);

(c)

section 36 (further provisions about defence disclosure);

(d)

section 37 (continuing duty of disclosure by prosecutor);

(e)

section 38 (application by defence for disclosure);

(f)

section 39 (faults in defence disclosure), except in so far as it inserts new section 11(4), (7) and (11) of the Criminal Procedure and Investigations Act 1996f2;

(g)

section 331 (further minor and consequential amendments) to the extent necessary to bring into force the provisions of Schedule 36 (further minor and consequential amendments) specified in sub-paragraph (i);

(h)

section 332 (repeals) to the extent necessary to bring into force the provisions of Schedule 37 (repeals) specified in sub-paragraph (j);

(i)

Part 3 of Schedule 36 (further minor and consequential amendments: disclosure); and

(j)

Part 3 of Schedule 37 (repeals: disclosure).

(3)

The coming into force of the provisions referred to in paragraph (2) is of no effect in relation to alleged offences into which a criminal investigation within the meaning of section 1(4) of the Criminal Procedure and Investigations Act 1996 has begun before 15th July 2005.

3

(1)

Section 307(4) (enforcement of regulations implementing Community legislation on endangered species)f1 shall come into force on 21st July 2005.

Signature

Fiona Mactaggart

Parliamentary Under-Secretary of State

Home Office

5th July 2005

Explanatory note

(This note is not part of the Order)

This Order brings into force the provisions of the Criminal Justice Act 2003 which are listed in articles 2(2) and 3 on 15th July and 21st July 2005 respectively. Article 2(3) provides a saving provision in relation to the commencement of the provisions referred to in article 2(2) in respect of pre-commencement criminal investigations.