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The Criminal Justice Act 2003 (Commencement No. 19 and Transitional Provisions) Order 2007

S.I. 2007/3451 · Made 5 December 2007

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 5th December 2007

The Secretary of State, in exercise of the powers conferred by sections 336(3) and (4) and 330(3)(b) and (4)(b) of the Criminal Justice Act 2003f1, 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. 1Citation and interpretation
  2. 2Commencement
  3. 3Commencement
  4. 4Transitional provision
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 19 and Transitional Provisions) Order 2007.

(2)

In this Order—

  • “proceedings” means the criminal proceedings listed in section 51(2) of the Criminal Justice Act 2003.

2Commencement

(1)

The provisions of the Criminal Justice Act 2003 listed in paragraph (2) come into force on 7 December 2007 only in relation to proceedings in the Crown Court for an offence that is listed in paragraph (3).

(2)

The provisions are—

(a)

section 51 (live links in criminal proceedings),

(b)

section 52 (effect of, and rescission of, direction),

(c)

section 54 (warning to jury), and

(d)

section 56 (interpretation of Part 8).

(3)

The offences are—

(a)

an offence under Part 1 of the Sexual Offences Act 2003f1 (rape, assault by penetration, sexual assault etc.),

(b)

rape or burglary with intent to rape,

(c)

an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956f2 (unlawful intercourse, indecent assault, forcible abduction etc.),

(d)

an offence under section 128 of the Mental Health Act 1959f3 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.),

(e)

an offence under section 1 of the Indecency with Children Act 1960f4 (indecent conduct towards child under 14), and

(f)

an offence under section 54 of the Criminal Law Act 1977f5 (incitement of child under 16 to commit incest).

3Commencement

Article 2 shall apply notwithstanding that the proceedings may also relate to an offence that is not listed in paragraph (3) of that article.

4Transitional provision

Article 2 shall apply in relation to any proceedings that begin on or after 7 December 2007.

Signature

Maria Eagle

Parliamentary Under Secretary of State

Ministry of Justice

5th December 2007

Explanatory note

(This note is not part of the Order)

This Order brings into force, on 7 December 2007, provisions of the Criminal Justice Act 2003 (c.44) that enable courts to direct that a witness may give evidence through a live link where this is considered to be in the interests of the efficient or effective administration of justice. The provisions are only brought into force in relation to proceedings in the Crown Court for the sexual offences specified in article 3 that begin on or after 7 December 2007. A court may only direct that a live link may be used if it has been notified under section 51(4)(b) of the Criminal Justice Act 2003 that suitable facilities for receiving evidence through a live link are available in the area in which it appears to the court that the proceedings will take place.