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Criminal Procedure and Investigations Act 1996 (Code of Practice) 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 0110722809

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 77(5) of the Criminal Procedure and Investigations Act 1996, for approval by resolution of each House of Parliament.

CRIMINAL LAW, ENGLAND AND WALES

Made 2005

Coming into force 4th April 2005

Whereas:

(1)

in pursuance of section 23 of the Criminal Procedure and Investigations Act 1996f1 (“the Act”) the Secretary of State must prepare a code of practice containing provisions designed to secure the matters referred to in subsection (1) of that section;

(2)

in pursuance of section 25(4) of the Act the Secretary of State may from time to time revise a code of practice previously brought into operation and subsections (1) to (3) of section 25 apply to such a revised code;

(3)

in pursuance of section 25(1) of the Act the Secretary of State published a draft revised code of practice to replace the code brought into operation on 1st April 1997f2, considered representations made to him about the draft and modified the draft accordingly;

(4)

in pursuance of section 25(2) of the Act the Secretary of State has laid the revised code of practice before each House of Parliament;

(5)

a draft of this Order has been approved by resolution of each House of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 25(2) of the Act, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1996 c. 25.

f2

By the Criminal Procedure and Investigations Act 1996 (Code of Practice) (No. 2) Order 1997, S.I. 1997/1033.

Contents

  1. 1Citation and commencement
  2. 2Appointed day
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Code of Practice) 2005 Order and shall come into force on 4th April 2005.

2Appointed day

The day hereby appointed for the purpose of section 25(2) of the Criminal Procedure and Investigations Act 1996 is 4th April 2005 and the code of practice laid before each House of Parliament on 21st February 2005 containing the provisions referred to in section 23 of that Act shall come into operation accordingly on that day.

3Revocation

The Criminal Procedure and Investigations Act 1996 (Code of Practice) (No.2) Order 1997f1 is hereby revoked.

Signature

Minister of State

Home Office

2005

Explanatory note

(This note is not part of the Order)

This Order appoints 4th April 2005 as the day on which the revised code of practice prepared under section 23 of the Criminal Procedure and Investigations Act 1996 (“the Act”) and laid before each House of Parliament on 21st February 2005 is brought into operation in England and Wales.

The code of practice, which contains provisions relating to the conduct of criminal investigations, applies by virtue of section 25(3) of the Act in relation to suspected or alleged offences into which no criminal investigation has begun before the day on which the code comes into operation.

The code brought into operation by this Order replaces the one brought into operation by the Criminal Procedure and Investigations Act 1996 (Code of Practice) (No. 2) Order 1997 (S.I. 1997/1033).