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The Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006

S.I. 2006/1835 · Made 10 July 2006

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 10th July 2006

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

Annotations to the whole text

Footnotes

f1

2003 c. 44.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Transitional provision
  4. Signature
  5. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006.

(2)

In this Order—

  • “the 2003 Act” means the Criminal Justice Act 2003;

  • “the 1996 Act” means the Criminal Procedure and Investigations Act 1996f1

2Commencement

Subject to article 3, the following provisions of the 2003 Act shall come into force on 24th July 2006

(a)

section 33(1) (defence disclosure), in so far as it inserts subsection (5C) of section 5 of the 1996 Act;

(b)

section 44 (jury tampering);

(c)

section 45 (procedure for applications), in so far as it applies to applications under section 44;

(d)

section 46 (discharge of jury because of jury tampering);

(e)

section 47 (appeals);

(f)

section 48 (further provision about trials without jury), in so far as it applies to trials ordered under section 44 or 46;

(g)

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

(h)

Part 4 of Schedule 36 (minor and consequential amendments), in so far as it relates to England and Wales.

3Transitional provision

The coming into force of section 5(5C) of the 1996 Act has effect only in relation to alleged offences in relation to which—

(a)

a criminal investigation within the meaning of section 1(4) of that Act began—

(i)

in England and Wales on or after 4th April 2005; or

(ii)

in Northern Ireland on or after 15th July 2005; and

(b)

the duty to give a defence statement in accordance with section 5(5) of that Act arises on or after 24th July 2006.

Signature

Scotland of Asthal, Q.C.

Minister of State

Home Office

10th July 2006

Explanatory note

(This note is not part of the Order)

This Order brings into force on 24th July 2006 the provisions specified in article 2 subject to the transitional provision in article 3.