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STATUTORY INSTRUMENTS
2005 No. 1817 (C.76)
CRIMINAL LAW, SCOTLAND
CRIMINAL LAW, NORTHERN IRELAND
The Criminal Justice Act 2003 (Commencement No. 10 and Saving Provisions) Order 2005
Made
5th July 2005
The Secretary of State, in exercise of the powers conferred upon him by sections 330(4)(b), 336(3) and (4) of the Criminal Justice Act 2003[1], hereby makes the following Order:
1.
—(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 10 and Saving Provisions) Order 2005.
(2) In this Order "the 2003 Act" means the Criminal Justice Act 2003.
2.
—(1) Subject to paragraph (3), the provisions of the 2003 Act specified in paragraph (2) shall come into force in relation to Northern Ireland[2] on 15th July 2005.
(2) The provisions referred to in paragraph (1) are —
(a) section 32 (initial duty of disclosure by prosecutor);
(b) section 33(2) (defence disclosure);
(c) section 36 (further provisions about defence disclosure);
(d) section 37 (continuing duty of disclosure by prosecutor);
(e) section 38 (application by defence for disclosure);
(f) section 39 (faults in defence disclosure), except in so far as it inserts new section 11(4), (7) and (11) of the Criminal Procedure and Investigations Act 1996[3];
(g) section 331 (further minor and consequential amendments) to the extent necessary to bring into force the provisions of Schedule 36 (further minor and consequential amendments) specified in sub-paragraph (i);
(h) section 332 (repeals) to the extent necessary to bring into force the provisions of Schedule 37 (repeals) specified in sub-paragraph (j);
(i) Part 3 of Schedule 36 (further minor and consequential amendments: disclosure); and
(j) Part 3 of Schedule 37 (repeals: disclosure).
(3) The coming into force of the provisions referred to in paragraph (2) is of no effect in relation to alleged offences into which a criminal investigation within the meaning of section 1(4) of the Criminal Procedure and Investigations Act 1996 has begun before 15th July 2005.
3.
—(1) Section 307(4) (enforcement of regulations implementing Community legislation on endangered species)[4] shall come into force on 21st July 2005.
Fiona Mactaggart
Parliamentary Under-Secretary of State
This Order brings into force the provisions of the Criminal Justice Act 2003 which are listed in articles 2(2) and 3 on 15th July and 21st July 2005 respectively. Article 2(3) provides a saving provision in relation to the commencement of the provisions referred to in article 2(2) in respect of pre-commencement criminal investigations.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
Provision
Date of Commencement
S.I. No.
Sections 1, 2, 4, 6 to 8, 11 and 12 and Schedule 1 (amendments of Police and Criminal Evidence Act 1984)
20.1.2004
2004/81
Section 3 (arrestable offences)
29.1.2004
2004/81
Section 5 (partially) (drug testing for under-eighteens)
1.8.2004
2004/1867
Section 9 (taking fingerprints without consent)
5.4.2004
2004/829
Section 10 (taking non-intimate samples without consent)
5.4.2004
2004/829
Sections 13, 15(3), 16, 17, 18, 19 to 21 (bail)
5.4.2004
4.4.2005
2004/829
2005/950
Sections 22 to 24 (conditional cautions)
3.7.2004
2004/1629
Section 25 (conditional cautions, code of practice)
29.1.2004
2004/81
Sections 26 and 27 (partially) (conditional cautions)
3.7.2004
2004/1629
Section 28 and Schedule 2 (partially) and section 31 (charging etc)
29.1.2004
3.7.2004
2004/81
2004/1629
Sections 32, 33(2), 36 to 38 and 39 (disclosure) (partially) in relation to England and Wales
4.4.2005
2005/950
Section 40 (code of practice for police interviews of witnesses notified by accused)
5.4.2004
2004/829
Section 41 (allocation of offences triable either way) (partially) and Schedule 3 (partially)
4.4.2005
9.5.2005
2005/950
2005/1267
Section 42 (mode of trial for certain firearms offences: transitory arrangements)
22.1.2004
2004/81
Section 49 (rules of court)
29.1.2004
2004/81
Section 55 (rules of court)
29.1.2004
2004/81
Sections 57 to 61, 67 to 74 (prosecution appeals)
29.1.2004
4.4.2005
2004/81
2005/950
Sections 75 to 96 and Schedule 5 (retrial for serious offences)
29.1.2004
4.4.2005, 18.4.2005
2004/81
2005/950
Section 97 (application of Criminal Appeal Acts)
7.3.2005
2005/373
Sections 98 to 113 and Schedule 6 (evidence of bad character)
Section 139 to 141 (use of documents to refresh memory)
5.4.2004
2004/829
Sections 142 to 150, 152, 153, 156 to 160; 162 to 166.
7.3.2005
4.4.2005
2005/373
2005/950
Sections 167 and 168 (partially) and 169 to 173 (sentencing and allocation guidelines)
27.2.2004
2004/829
Section 174 (duty to give reasons for, and explain effect of, sentence)
5.4.2004
4.4.2005
2004/829
2005/950
Section 175 (duty to publish information about sentencing)
4.4.2005
2005/950
Section 176 (interpretation of Chapter 1)
5.4.2004
2004/829
Sections 177, 179 and 180 (community orders) and Schedule 8 (breach, revocation or amendment of community order) and Schedule 9 (transfer of community orders to Scotland or Northern Ireland) ( all partially)
4.4.2005
2005/950
Section 178 (power to provide for court review of community orders)
7.3.2005
2005/373
Sections 182 to 187 and Schedule 10 (prison sentences of less than 12 months) (all partially)
26.1.2004
2003/3282
Sections 189 to 194 (suspended sentences); Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) and Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland).
4.4.2005
2005/950
Sections 195, 196 (partially), 197 to 203, 204 (partially), 205 to 212, 213 (partially), 214, 215, 216 (partially), 217 to 220 and Schedule 14, and sections 221 to 223 (further provisions about orders under Chapters 2 and 3).
26.1.2004
7.3.2005
4.4.2005
2003/3282
2005/373
2005/950
Sections 224 to 236 (dangerous offenders); Schedule 15 (specified offences for the purposes of Chapter 5 of Part 12); Schedule 16 ( Scottish offences specified for the purposes of section 229(4)); Schedule 17 (Northern Ireland offences specified for the purposes of section 229(4)) and Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection)
4.4.2005
2005/950
Sections 237 to 243 ( release on licence: preliminary), 244 (partially) and 245 to 249, 250 to 251 (partially), 252 to 256, 257 (partially), 258 to 261, 263, 264 (partially),265, 267 to 268 (release on licence) and Schedule 19 ( parole board: supplementary provisions)
26.1.2004
7.3.2005
4.4.2005
2003/3282
2005/373
2005/950
Section 262 and Schedule 20 (prisoners liable to removal from the United Kingdom: modifications of Criminal Justice Act 1991)
14.6.2004
2004/829
Section 278 and Schedule 23 (deferment of sentence)
4.4.2005
2005/950
Section 279 and Schedule 24 (drug treatment and testing requirement in action plan order or supervision order) (partially)
1.12.2004
2004/3033
Section 284 and Schedule 28 (increase in penalties for drug-related offences)
29.1.2004
2004/81
Section 285 (increase in penalties for certain driving-related offences)
27.2.2004
2004/81
Section 286 (increase in penalties for offences under section 174 of the Road Traffic Act 1988)
29.1.2004
2004/81
Sections 287 to 293 (firearms offences) and Schedule 29 (sentencing for firearms offences in Northern Ireland)
22.1.2004
2004/81
Sections 294 to 297 (offenders transferred to mental hospital)
20.1.2004
2004/81
Section 299 and Schedule 30 (disqualification from working with children)
1.5.2004
2004/829
Section 300 and Schedule 31 (default orders) (partially)