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The Criminal Justice Act 2003 (Commencement No. 11) Order 2005

S.I. 2005/3055 · Made 1 November 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, ENGLAND AND WALES

POLICE, ENGLAND AND WALES

Made 1st November 2005

The Secretary of State makes the following Order in exercise of the powers conferred by section 336(3) of the Criminal Justice Act 2003f1:

Annotations to the whole text

Footnotes

f1

2003 c. 44.

Contents

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

1

This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 11) Order 2005.

2

Section 5 of the Criminal Justice Act 2003 (drug testing for under-eighteens) shall come into force on 1st December 2005 to the extent not already in force.

Signature

Paul Goggins

Parliamentary Under-Secretary of State

Home Office

1st November 2005

Explanatory note

(This note is not part of the Order)

This Order brings section 5 (drug testing for under-eighteens) of the Criminal Justice Act 2003 (“the 2003 Act”) into force on 1st December 2005 to the extent to which it is not already in force. Section 5 of the 2003 Act amends section 38 and section 63B of the Police and Criminal Evidence Act 1984 (“PACE”) (c. 60). Section 5(3)(d) of the 2003 Act provides that the amendments made by section 5 to section 63B of PACE apply only where the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of samples under this section from persons who have not attained the age of 18 have been made for the police area as a whole, or for the particular police station, in which the person is in police detention and the notice has not been withdrawn. Sections 38 and 63B of PACE as amended by section 5 of the 2003 Act will be amended by the Drugs Act 2005 (c. 17).