OpenLegislation

The Criminal Justice and Immigration Act 2008 (Commencement No. 3 and Transitional Provisions) Order 2008

S.I. 2008/2712 · Made 13 October 2008

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

Criminal Law, Northern Ireland

Criminal Procedure, England And Wales

Criminal Procedure, Northern Ireland

Magistrates’ Courts, England And Wales

Police, England And Wales

Anti-social Behaviour, England And Wales

Made 13th October 2008

The Lord Chancellor and Secretary of State, in exercise of the powers conferred on the Lord Chancellor by section 153(4), and on the Secretary of State by section 153(7) of the Criminal Justice and Immigration Act 2008f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c.4.

Contents

  1. 1Citation and interpretation
  2. 2Appointed Dates
  3. 3Transitional and saving provisions
  4. 4Transitional and saving provisions
  5. Signature
  6. Schedule: Provisions coming into force on 3rd November 2008
  7. 1Paragraph 1
  8. 2Paragraph 2
  9. 3Paragraph 3
  10. 4Paragraph 4
  11. 5Paragraph 5
  12. 6Paragraph 6
  13. 7Paragraph 7
  14. 8Paragraph 8
  15. 9Paragraph 9
  16. 10Paragraph 10
  17. 11Paragraph 11
  18. 12Paragraph 12
  19. 13Paragraph 13
  20. 14Paragraph 14
  21. 15Paragraph 15
  22. 16Paragraph 16
  23. 17Paragraph 17
  24. 18Paragraph 18
  25. 19Paragraph 19
  26. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 3 and Transitional Provisions) Order 2008.

(2)

In this Order, “the 2008 Act” means the Criminal Justice and Immigration Act 2008.

2Appointed Dates

Subject to articles 3 and 4, the date appointed for the coming into force of the provisions of the 2008 Act specified in the Schedule is 3rd November 2008.

3Transitional and saving provisions

The coming into force of section 60 of the 2008 Act is of no effect—

(a)

in relation to offences into which a criminal investigation within the meaning of section 1(4) of the Criminal Procedure and Investigations Act 1996f1, has begun, in England and Wales, before 4th April 2005 or, in Northern Ireland, before 15th July 2005: and

(b)

in relation to a case to which Part 1 of the Criminal Procedure and Investigations Act 1996 applies by virtue of section 1(1) or (2) of that Act before 3rd November 2008.

4Transitional and saving provisions

(1)

The Police Act 1996f1 and the Police Reform Act 2002f2 shall continue to apply in relation to specified matters as if the amendments in paragraphs 3, 4, 7 and 8 of Schedule 22 and in paragraphs 5, 12(4) and 19 of Schedule 23 to the 2008 Act had not been made.

(2)

In this article, “specified matters” means—

(a)

conduct by a police officer which may be or is being dealt with under the Police (Conduct) Regulations 2004f3;

(b)

conduct by a police officer which may be or is being dealt with under the Police (Complaints and Misconduct) Regulations 2004f4 as they are in force on the date this Order is made;

(c)

performance or attendance by a member of a police force which may be or is being dealt with under the Police (Efficiency) Regulations 1999f5; or

(d)

anything which may be or is being dealt with under the Police Appeals Tribunals Rules 1999f6.

Signature

Signed by the authority of the Lord Chancellor and Secretary of State.

Maria Eagle

Parliamentary Under Secretary of State

Ministry of Justice

13th October 2008

1

Section 21(1) and (3) to (7) (Credit for period of remand on bail: terms of imprisonment and detention).

2

Section 22 (Credit for period of remand on bail: other cases).

3

Section 23 (Credit for period of remand on bail: transitional provisions).

4

Section 33(1), (3), (5) and (6) (Removal under Criminal Justice Act 1991).

5

Section 34(1), (3), (4)(a), (5), (6), (8) and (9) (Removal under Criminal Justice Act 2003), save insofar as subsection (6) provides that section 260(3A) of the Criminal Justice Act 2003 ceases to have effect.

6

Section 41 (Disclosure of information for enforcing fines).

7

Section 51 (Bail conditions: electronic monitoring).

8

Section 60 (Contents of an accused’s defence statement).

9

Section 126(1) (Police misconduct and performance procedures) insofar as it relates to the provisions specified in paragraph 16.

10

Section 127 (Investigation of complaints of police misconduct etc.) insofar as it relates to the provisions specified in paragraph 17.

11

Section 129 (Inspection of police authorities).

12

Section 148(1) (Consequential etc. amendments and transitional and saving provision) insofar as it relates to the provisions specified in paragraph 18.

13

Section 149 (Repeals and revocations) insofar as it relates to the provisions specified in paragraph 19.

14

Schedule 6 (Credit for period of remand on bail: transitional provisions).

15

Schedule 11 (Electronic monitoring of persons released on bail subject to conditions).

16

In Part 1 of Schedule 22 (Police misconduct and performance procedures)—

(a)

paragraphs 1 and 2;

(b)

paragraphs 3, 4, and 7 for the purposes of making regulations; and

(c)

paragraph 8 for the purpose of making rules.

17

In Schedule 23 (Investigation of complaints of police misconduct etc.)—

(a)

paragraphs 1 to 3 and 12(1); and

(b)

paragraphs 5, 12(4) and 19 for the purpose of making regulations.

18

In Schedule 26 (Minor and consequential amendments)—

(a)

paragraph 5 (Children and Young Persons Act 1969 (c.54)),

(b)

paragraph 29(3), (4) , (6) and (7) (Criminal Justice Act 1991 (c.53)),

19

(1)

The following entries in Schedule 28 (Repeals and revocations).

(2)

In Part 2 (Sentencing), the entries relating to the—

(a)

Criminal Justice Act 1991, section 46A; and

(b)

Criminal Justice Act 2003, section 260(3) and (6).

(3)

In Part 4 (Other criminal justice provisions), the entries relating to the—

(a)

Children and Young Persons Act 1969 (c.54), section 23AA(4)(a); and

(b)

Bail Act 1976 (c.63), section 3AA(6) to (10) and (12).

Explanatory note

(This note is not part of the Order)

This Order brings into force the provisions of the Criminal Justice and Immigration Act 2008 (c.4) set out in Schedule 1 on 3rd November 2008. Article 3 contains transitional and saving provisions in relation to the coming into force of section 60 of the Act. Article 4 contains saving provisions in relation to the amendments to the police misconduct and performance procedures and the investigation of complaints of police misconduct etc.