Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006, ISBN 011074828X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
STATUTORY INSTRUMENTS
2006 No. 1835 (C. 61)
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
The Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006
Made
10th July 2006
The Secretary of State, in exercise of the power conferred upon him by sections 330(3)(b) and 336(3) of the Criminal Justice Act 2003[1], makes the following Order:
Citation and interpretation 1.
—(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006.
(2) In this Order—
"the 2003 Act" means the Criminal Justice Act 2003;
"the 1996 Act" means the Criminal Procedure and Investigations Act 1996[2]
Commencement 2.
Subject to article 3, the following provisions of the 2003 Act shall come into force on 24th July 2006
(a) section 33(1) (defence disclosure), in so far as it inserts subsection (5C) of section 5 of the 1996 Act;
(b) section 44 (jury tampering);
(c) section 45 (procedure for applications), in so far as it applies to applications under section 44;
(d) section 46 (discharge of jury because of jury tampering);
(e) section 47 (appeals);
(f) section 48 (further provision about trials without jury), in so far as it applies to trials ordered under section 44 or 46;
(g) section 331 (further minor and consequential amendments) in so far as it relates to the provisions referred to in paragraph (h); and
(h) Part 4 of Schedule 36 (minor and consequential amendments), in so far as it relates to England and Wales.
Transitional provision 3.
The coming into force of section 5(5C) of the 1996 Act has effect only in relation to alleged offences in relation to which—
(a) a criminal investigation within the meaning of section 1(4) of that Act began—
(i) in England and Wales on or after 4th April 2005; or
(ii) in Northern Ireland on or after 15th July 2005; and
(b) the duty to give a defence statement in accordance with section 5(5) of that Act arises on or after 24th July 2006.
This Order brings into force on 24th July 2006 the provisions specified in article 2 subject to the transitional provision in article 3.
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
to the extent not already in force
1.12.2005
2005/3055
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
2004/829
4.4.2005
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
29.1.2004
2004/81
section 31 (charging etc)
3.7.2004
2004/1629
Sections 32, 33(2), 36 to 38 and 39 (disclosure)
4.4.2005
2005/950
15.7.2005
2005/1817
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
2005/950
9.5.2005
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
29.1.2004
2004/81
appeals)
4.4.2005
2005/950
Sections 75 to 96 and Schedule 5 (retrial for
29.1.2004
2004/81
serious offences)
18.4.2005
Section 97 (application of Criminal Appeal Acts)
7.3.2005
2005/373
Sections 98 to 113 and Schedule 6 (evidence of
29.1.2004
2004/81
bad character)
15.12.2004, 1.1.2005
2004/3033
Sections 114 to 136 (hearsay evidence) and
29.1.2004
2004/81
Schedule 7 (hearsay evidence: armed forces)
4.4.2005
2005/950
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
7.3.2005
2005/373
to 166
4.4.2005
2005/950
Sections 167 and 168 (partially) and 169 to 173 (sentencing and allocation guidelines)
27.2.2004
2004/81
Section 174 (duty to give reasons for, and
5.4.2004
2004/829
explain effect of, sentence)
4.4.2005
2005/950
Section 175 (duty to publish information about sentencing)
4.4.2005
2005/950
Section 176 (interpretation of Chapter1)
5.4.2004
2004/829
Sections 177, 179 and 180 (community orders)
4.4.2005
2005/950
and Schedule 8 (breach, revocation or amendment of community order) and Schedule 9 (transfer of community orders to Scotland or Northern Ireland)(all partially and subsequently all for remaining purposes)
4.4.2007
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);
4.4.2005
2005/950
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).
Sections 195, 196 (partially), 197 to 203, 204
26.1.2004
2003/3282
(partially), 205 to 212, 213 (partially), 214,
7.3.2005
2005/373
215, 216 (partially), 217 to 220 and Schedule 14, and sections 221 to 223 (further provisions about orders under Chapters 2 and 3).
4.4.2005
2005/950
Sections 224 to 236 (dangerous offenders);
4.4.2005
2005/950
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)
Sections 237 to 243 (release on licence:
26.1.2004
2003/3282
preliminary), 244 (partially) and 245 to 249,
7.3.2005
2005/373
250 to 251 (partially), 252 to 256, 257
4.4.2005
2005/950
(partially), 258 to 261, 263, 264 (partially),
265, 267 to 268 (release on licence) and Schedule 19 (parole board: supplementary provisions)
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
1.12.2004
2004/3033
and testing requirement in action plan order or supervision order)(partially)
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)