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The Criminal Justice Act 2003 (Commencement No. 4 and Saving Provisions) Order 2004

S.I. 2004/1629 · Made 25 June 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

CRIMINAL LAW, NORTHERN IRELAND

Made 25th June 2004

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

Annotations to the whole text

Footnotes

f1

2003 c. 44.

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.4 and Saving Provisions) Order 2004.

(2)

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

2

(1)

The provisions of the 2003 Act listed in paragraph (2) shall come into force on 3rd July 2004.

(2)

The provisions of the 2003 Act referred to in paragraph (1) are—

(a)

sections 22 to 24, 26 and 27 (conditional cautions), except sub-paragraphs (b) and (d) to (g) in the entry relating to the “relevant prosecutor” in section 27;

(b)

section 28 (charging or release of persons in police detention) in so far as it relates to the provision referred to in sub-paragraph (c); and

(c)

paragraph 3 of Schedule 2 (charging or release of persons in police detention) to the extent that it inserts section 37B(9)(a) of the Police and Criminal Evidence Act 1984f1.

3

(1)

Subject to paragraphs (3) and (4), the provisions of the 2003 Act listed in paragraph (2) shall come into force on 1st September 2004.

(2)

The provisions referred to in paragraph (1) are—

(a)

section 313 (extension of investigations by Criminal Cases Review Commission in England and Wales);

(b)

section 314 (extension of investigations by Criminal Cases Review Commission in Northern Ireland);

(c)

section 316 (power to substitute conviction of alternative offence on appeal in England and Wales);

(d)

section 317 (power to substitute conviction of alternative offence on appeal in Northern Ireland);

(e)

section 318 (substitution of conviction on different charge on appeal from court-martial);

(f)

section 331 (further minor and consequential amendments ) in so far as it relates to the provisions referred to in sub-paragraph (g);

(g)

in Schedule 36 (further minor and consequential amendments), paragraphs 86, 89 and 97.

(3)

A direction under section 23A of the Criminal Appeal Act 1968f1 may not be made in relation to an application for leave to appeal made before the commencement of section 313 of the 2003 Act.

(4)

A direction under section 25A of the Criminal Appeal (Northern Ireland) Act 1980f2 may not be made in relation to an application for leave to appeal made before the commencement of section 314 of the 2003 Act.

Signature

Scotland of Asthal

Minister of State

Home Office

25th June 2004

Explanatory note

(This note is not part of the Order)

This Order brings into force the provisions of the Criminal Justice Act 2003 (c. 44) which are listed in articles 2 and 3 on 3rd July and 1st September 2004 respectively. Article 3(3) and (4) are saving provisions, needed to ensure that the amendments to the Criminal Appeal Act 1968 and Criminal Appeal (Northern Ireland) Act 1980 apply to new cases only.