Explanatory note

This Order is the first commencement Order made under the Criminal Justice and Courts Act 2015 (c. 2) (“the Act”).

Article 2 brings into force the provisions of the Act relating to secure colleges on 20th March 2015. Article 2(1) makes provision about the commencement of section 38 of the Act, relating to secure colleges and other places for the detention of young offenders. Section 38(1) substitutes section 43 of the Prison Act 1952 (c. 52) (15 and 16 Geo. 6 and 1 Eliz. 2). As substituted, that section gives the Secretary of State power to provide young offender institutions, secure training centres and secure colleges. However, the effect of Article 2(2) is that the power in new section 43 of the Prison Act 1952 is only commenced insofar as it permits the Secretary of State to provide secure colleges for persons who are male and aged 15 or over.

Article 3 brings into force the provisions of the Act listed in Schedule 1 to the Order on 13th April 2015.

Article 4 and Schedule 2 to the Order make saving and transitional provisions.

Paragraph 1 of Schedule 2 clarifies that the amendments made by section 37 of the Act relating to the offence of possession of pornographic images of rape and assault by penetration do not apply to existing cases where possession of an image occurs before 13th April 2015.

Paragraph 2 of Schedule 2 provides that the amendments made by section 63 of the Act concerning appeals from the High Court to the Supreme Court do not apply where the relevant judgment or order was given or made before 13th April 2015.

Paragraph 3 of Schedule 2 provides that the amendments in sections 71 to 73 of, and Schedule 13 and Schedule 14 to, the Act which concern offences relating to research and other prohibited conduct committed in the course of criminal, inquest and Court Martial proceedings, do not apply to jurors and lay members of Courts Martial who have been sworn before 13th April 2015 in relation to the case.

Paragraph 4 of Schedule 2 provides that the amendments made by section 74 of, and Schedule 13 and Schedule 14 to, the Act which concern the offence of disclosing juror deliberations committed in the course of criminal, inquest and Courts Martial proceedings, cannot be committed during the relevant trial or inquest period by a juror or lay member if they were sworn before 13th April 2015; the offence can however be committed by others from 13th April 2015.

Paragraph 5 of Schedule 2 clarifies that the amendments made by section 79 of, and Schedule 15 to, the Act in relation to section 39 of the Children and Young Persons Act 1933 (c. 12) (reporting restrictions) do not apply to information published before 13th April 2015.

Paragraph 8 of Schedule 2 provides that the amendments relating to judicial review in sections 84(1) to (3) and 87 of the Act only apply where proceedings are commenced on or after 13th April 2015.