# The Criminal Justice Act 2003 (Commencement No.14 and Transitional Provision) Order 2006

S.I. 2006/3217 · made 4 December 2006

This Order brings into force in England and Wales on 1st January 2007, subject to the transitional provision in article 3, sections 14 and 15(1) and (2) of the Criminal Justice Act 2003 in relation to certain offences specified in article 2(a). The specified offences are those to which paragraphs 2A(2)(b), 6(2)(b), 9AA(1)(b) and 9AB(1)(b) of Part 1 of Schedule 1 to the Bail Act 1976 apply in relation to which the defendant is liable on conviction to a sentence of imprisonment for life, detention during Her Majesty’s pleasure or custody for life. The effect of the Order is that the new criteria in paragraphs 2A(1) and 9AA(2) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 14(1) of the 2003 Act, will apply as to when bail may be granted to a defendant who has, on or after 1st January 2007, committed a specified offence, and who appears to the Court to have been on bail in criminal proceedings on the date of the offence. The Order also has the effect that the new criteria in paragraphs 6(1) and 9AB(3) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 15(1) and (2) of the 2003 Act, will apply as to when bail may be granted to a person who, having been released on bail in or in connection with criminal proceedings for a specified offence, appears to the Court to have failed to surrender to custody in those proceedings on or after 1st January 2007. Article 2(b) also brings into force a consequential amendment to the 1976 Act.

Made under: Criminal Justice Act 2003 (Section 330, Section 336)

PDFs: Printed copy https://openlegislation.uk/criminal-justice-act-2003-commencement-no14-and-transitional-provision-order-2006/pdf/uksi_20063217_en.pdf

## Introductory text

criminal law, england and wales
Made 4th December 2006
The Secretary of State makes the following Order in exercise of the powers conferred by sections 330(3) and (4) and 336(3) of the Criminal Justice Act 2003:

## 1 Citation and interpretation

(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No.14 and Transitional Provision) Order 2006.
(2) In this Order —
“the 2003 Act” means the Criminal Justice Act 2003;
“the 1976 Act” means the Bail Act 1976;
“offence” includes an alleged offence.

## 2 Commencement

(1) —Subject to article 3, the following provisions of the 2003 Act shall come into force on 1st January 2007—
(a) sections 14 (offences committed while on bail) and 15(1) and (2) (failure to surrender by persons released on bail) for the purposes only of any offence—
(i) to which paragraph 2A(2)(b), 6(2)(b), 9AA(1)(b), or 9AB(1)(b) of Part 1 of Schedule 1 to the 1976 Act applies, and
(ii) in relation to which the defendant is liable on conviction to a sentence of imprisonment for life, detention during Her Majesty’s pleasure or custody for life; and
(b) paragraph 3 of Schedule 36 (minor and consequential amendments to the 1976 Act).

## 3 Transitional provision

(1) The coming into force of section 14 of the 2003 Act has effect only where the offence to which paragraph 2A(2)(b) or 9AA(1)(b) of Part 1 of Schedule 1 to the 1976 Act applies was committed on or after 1st January 2007.
(2) The coming into force of section 15(1) and (2) of the 2003 Act has effect only where the failure to surrender referred to in paragraph 6(2)(b) or 9AB(1)(b) of Part 1 of Schedule 1 to the 1976 Act occurred on or after 1st January 2007.

## Signature

Scotland of Asthal,Q.C.
Minister of State
Home Office
4th December 2006

## Explanatory note

(This note is not part of the Order)
This Order brings into force in England and Wales on 1st January 2007, subject to the transitional provision in article 3, sections 14 and 15(1) and (2) of the Criminal Justice Act 2003 in relation to certain offences specified in article 2(a). The specified offences are those to which paragraphs 2A(2)(b), 6(2)(b), 9AA(1)(b) and 9AB(1)(b) of Part 1 of Schedule 1 to the Bail Act 1976 apply in relation to which the defendant is liable on conviction to a sentence of imprisonment for life, detention during Her Majesty’s pleasure or custody for life. The effect of the Order is that the new criteria in paragraphs 2A(1) and 9AA(2) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 14(1) of the 2003 Act, will apply as to when bail may be granted to a defendant who has, on or after 1st January 2007, committed a specified offence, and who appears to the Court to have been on bail in criminal proceedings on the date of the offence. The Order also has the effect that the new criteria in paragraphs 6(1) and 9AB(3) of Part 1 of Schedule 1 to the 1976 Act, as substituted by section 15(1) and (2) of the 2003 Act, will apply as to when bail may be granted to a person who, having been released on bail in or in connection with criminal proceedings for a specified offence, appears to the Court to have failed to surrender to custody in those proceedings on or after 1st January 2007. Article 2(b) also brings into force a consequential amendment to the 1976 Act.

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Source: https://www.legislation.gov.uk/uksi/2006/3217 (the official version)
Page: https://openlegislation.uk/criminal-justice-act-2003-commencement-no14-and-transitional-provision-order-2006
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.