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The Criminal Justice Act 2003 (Commencement No. 6 and Transitional Provisions) Order 2004

S.I. 2004/3033 · Made 17 November 2004

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, ENGLAND AND WALES

Made 17th November 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 330(4)(b) and 336(3) and (4) of the Criminal Justice Act 2003f1 hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c. 44.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Explanatory note

1

(1)

This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 6 and Transitional Provisions) Order 2004.

(2)

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

2

(1)

Subject to paragraphs (3) and (4), section 279 of, and Schedule 24 (drug treatment and testing requirement in action plan order or supervision order) to, the 2003 Act shall come into force on 1st December 2004, for the purpose of sentencing persons resident in the areas specified in paragraph (2) by courts in those areas.

(2)

The areas referred to in paragraph (1) are the petty sessions areasf1 of Bradford, Calderdale, Keighley, Manchester and Newham, and that part of Teesside petty sessions area that is coterminous with the borough of Middlesbroughf2.

(3)

The commencement of the provisions referred to in paragraph (1) is of no effect in relation to the sentencing of a person convicted of an offence committed before 1st December 2004.

(4)

Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of paragraph (3) to have been committed on the last of those days.

3

(1)

The provisions of the 2003 Act which are listed in paragraph (2) shall come into force on 15th December 2004.

(2)

The provisions referred to in paragraph (1) are—

(a)

sections 98 to 110, and 112 (evidence of bad character);

(b)

section 331 (minor and consequential amendments) in so far as it relates to the provisions referred to in sub-paragraph (d);

(c)

section 332 (repeals) in so far as it relates to the provisions referred to in sub-paragraph (e);

(d)

in Part 5 of Schedule 36 (further and minor consequential amendments: evidence), paragraphs 79, 80 and 85; and

(e)

in Schedule 37 (repeals)—

(i)

Part 5 (evidence of bad character); and

(ii)

in Part 12, the entries relating to—

(aa)

the Bail Act 1976 (c. 63);

(bb)

the Magistrates' Courts Act 1980 (c. 43), except the reference to section 12(1)(a)(i) of that Act;

(cc)

the Crime and Disorder Act 1998 (c. 37);

(dd)

the Youth Justice and Criminal Evidence Act 1999 (c. 23); and

(ee)

the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

4

(1)

The provisions of the 2003 Act which are listed in paragraph (2) shall come into force on 1st January 2005.

(2)

The provisions referred to in paragraph (1) are—

(a)

section 113 and Schedule 6 (evidence of bad character: armed forces);

(b)

section 331 (minor and consequential amendments) in so far as it relates to the provisions referred to in sub-paragraph (c); and

(c)

in Part 5 of Schedule 36 (further and minor consequential amendments: evidence), paragraphs 81 to 84 to the extent that they relate to Schedule 6.

Signature

Scotland of Asthal

Minister of State

Home Office

17th November 2004

Explanatory note

(This note is not part of the Order)

This Order brings into force the provisions of the Criminal Justice Act 2003 (c. 44) which are listed in articles 2, 3 and 4 on 1st and 15th December 2004, and 1st January 2005 respectively. Article 2(3) is a transitional provision, included to ensure that the provisions commenced in that article do not have retrospective effect.