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The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006

S.I. 2006/3423 · Made 19 December 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

Made 19th December 2006

The Secretary of State makes the following Order in exercise of the powers conferred by sections 60 and 61(1) of the Domestic Violence, Crime and Victims Act 2004f1:

Annotations to the whole text

Footnotes

f1

2004 c. 28.

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 Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006.

(2)

In this Order “the 2004 Act” means the Domestic Violence, Crime and Victims Act 2004.

2Commencement

Subject to article 3, the following provisions of the 2004 Act shall come into force on 8th January 2007—

(a)

sections 17 to 21 (trial by jury of sample counts only);

(b)

section 30 (prosecution appeals);

(c)

section 56 (grants for assisting victims, witnesses etc);

(d)

section 58(1) (minor and consequential amendments) in so far as it relates to the provision referred to in paragraph (f);

(e)

Schedule 1 (modifications of sections 17 to 20 for Northern Ireland); and

(f)

paragraph 62 of Schedule 10.

3Transitional provision

The coming into force of sections 17 to 20 of the 2004 Act has no effect in relation to cases where one of the following events has occurred before 8th January 2007—

(a)

the defendant has been committed for trial;

(b)

a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 (serious or complex fraud)f1 or Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988f2;

(c)

a notice of transfer has been given under section 53 of the Criminal Justice Act 1991 (cases involving children)f3 or Article 4 of the Children’s Evidence (Northern Ireland) Order 1995f4; or

(d)

the prosecution evidence has been served on the defendant in a case sent for trial under section 51 of the Crime and Disorder Act 1998f5.

Signature

Scotland of Asthal, Q.C.

Minister of State

Home Office

19th December 2006

Explanatory note

(This note is not part of the Order)

This Order brings into force on 8th January 2007 the provisions of the Domestic Violence, Crime and Victims Act 2004 specified in article 2, subject to the transitional provision in article 3.