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The Criminal Justice Act 2003 (Commencement No.12 and Transitory Provisions) Order 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110735366

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.

Draft Order laid before Parliament under section 330(5)(b) of the Criminal Justice Act 2003, for approval by resolution of each House of Parliament.

CRIMINal Law, ENGLAND AND WALES

CRIMINAL LAW, NORTHERN IRELAND

Made 2005

The Secretary of State makes the following Order in exercise of the powers conferred upon him by sections 333(1) and (2)(a), and 336(3) of the Criminal Justice Act 2003f1;

In accordance with section 330(5)(b) of that Act a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament:

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.12 and Transitory Provisions) Order 2005.

(2)

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

2

(1)

Subject to article 3, the provisions of the 2003 Act specified in paragraph (2) shall come into force on 1st January 2006.

(2)

The provisions referred to in paragraph (1) are –

(a)

section 43 (applications by prosecution for certain fraud cases to be conducted without a jury);

(b)

section 45 (procedure for applications under sections 43 and 44), in so far as it applies to applications under section 43;

(c)

section 48 (further provision about trials without a jury), in so far as it applies to orders under section 43;

(d)

section 50 (application of Part 7 to Northern Ireland), in so far as it applies to applications and orders under section 43; and

(e)

in Schedule 36 (further minor and consequential amendments), Part 4.

3

(1)

Until the coming into force of paragraph 18 of Schedule 3 to the 2003 Actf1 section 43 (1)(b) of the 2003 Act shall have effect with the modification specified in paragraph (2).

(2)

The modification referred to in paragraph (1) is that section 43(1)(b) is to have effect as if there were substituted -

“(b)

on or after 1st January 2006 -

(i)

the defendant or defendants have been sent for trial under section 51 of the Crime and Disorder Act 1998f2 and the evidence of the offence or offences charged reveals a case of serious or complex fraud,

(ii)

a notice of transfer has been given under section 4 of the Criminal Justice Act 1987f3 in respect of that offence or offences, or

(iii)

a notice of transfer has been given under article 3 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988f4 in respect of that offence or offences.”

Signature

Parliamentary Under-Secretary of State

Home Office

2005

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st January 2006 sections 43, 45, 48 and 50 of the Criminal Justice Act 2003 (“the 2003 Act”) that provide for applications by the prosecution for certain fraud cases to be conducted without a jury, subject to the transitory provisions contained in article 3.

Section 43 of the 2003 Act is to apply where a notice has been given under section 51B of the Crime and Disorder Act 1998 (“the 1998 Act”). Section 51B is an amendment to the 1998 Act made by Schedule 3 to the 2003 Act, but is not yet in force. Article 3 of this Order modifies section 43(1)(b) to provide that prior to the commencement of section 51B section 43 shall apply in three comparable circumstances. The first is where on or after 1st January 2006 the defendant has been sent for trial under section 51 of the 1998 Act and the evidence against him reveals a case of serious or complex fraud. The second and third are where on or after 1st January 2006 a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 or article 3 of the Criminal Justice (Serious Fraud)(Northern Ireland) Order 1988, both of which involve a determination by the relevant prosecuting authority that the case is one of fraud of such seriousness or complexity that it is appropriate for its management to be taken over by the Crown Court.