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United Kingdom Statutory Instruments


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2004 No. 81 (C.2)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice Act 2003 (Commencement No. 2 and Saving Provisions) Order 2004

  Made 15th January 2004 

The Secretary of State, in exercise of the powers conferred upon him by section 330(4)(b) and 336(3) 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. 2 and Saving Provisions) Order 2004.

    (2) In this Order - 

     2.  - (1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 20th January 2004.

    (2) The provisions referred to in paragraph (1) are - 

    (3) The commencement of section 306 of the 2003 Act does not alter the period of time that may be authorised by a warrant of further detention under Part III of Schedule 8 to the 2000 Act in relation to a person - 

     3.  - (1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 22nd January 2004.

    (2) The provisions referred to in paragraph (1) are - 

     4.  - (1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 29th January 2004.

    (2) The provisions referred to in paragraph (1) are - 

     5.  - (1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 27th February 2004.

    (2) The provisions referred to in paragraph (1) are - 


Scotland of Asthal
Minister of State

Home Office
15th January 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, 4 and 5 on 20th January 2004, 22nd January 2004, 29th January 2004 and 27th February 2004 respectively. Article 2(3) of the Order is a saving provision, needed to ensure that the amendments to the Terrorism Act 2000 (c. 11) made by section 306 of the 2003 Act apply to new cases only.



NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)


The following provisions of the Act will be partially brought into force on 26th January 2004 under the Criminal Justice Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/3282 (C.129)).

Section 182(1) and (3) to (5) (licence conditions)

Section 183(1) to (7) and (9) (intermittent custody)

Sections 184 to 186 (restrictions on power to make intermittent custody order; intermittent custody: licence conditions; further provisions relating to intermittent custody)

Section 187 and Schedule 10 (revocation or amendment of order)

Section 195 (interpretation of Chapter 3)

Section 196(1)(d) and (2) (meaning of "relevant order")

Sections 197 to 199 (meaning of "the responsible officer"; duties of responsible officer; unpaid work requirement)

Section 200(1) (obligations of person subject to unpaid work requirement)

Sections 201 to 203 (activity requirement; programme requirement; prohibited activity requirement)

Section 204(1) and (2), and (5) and (6) (curfew requirement)

Section 205(1), (3) and (4) (exclusion requirement)

Sections 213(1), (2) and (3)(c), 214 and 215 (supervision requirement; attendance centre requirement; electronic monitoring requirement)

Sections 216(2)(b), 217 and 218 (petty sessions area to be specified in relevant order; requirement to avoid conflict with religious beliefs, etc; availability of arrangements in local area)

Section 219(1)(a), (b) and (d), (2) and (3) and Schedule 14 (provision of copies of relevant orders)

Sections 221, 222 and 223(1), (2) and (3)(a) and (b) (powers of Secretary of State)

Sections 237 and 239 and Schedule 19 (meaning of "fixed-term prisoner"; the Parole Board)

Section 241 (effect of direction under section 240 on release on licence)

Section 244(1), (2) and (3)(c) and (d) (duty to release prisoners)

Section 245 (restrictions on operation of section 244(1) in relation to intermittent custody prisoners)

Section 246(1)(b), (3), (4)(b) to (i), (5) and (6) (power to release prisoners on licence before required to do so)

Section 248(1) (power to release prisoners on compassionate grounds)

Sections 249 and 250(1) to (3) and (5) to (8) (duration of licence; licence conditions)

Sections 251 to 253 (licence conditions on re-release of prisoner serving sentence of less than 12 months; duty to comply with licence conditions; curfew condition to be included in licence under section 246)

Sections 254 to 256 (recall after release)

Section 257 (additional days)

Section 259 (persons liable to removal from the United Kingdom)

Sections 263 to 265 (consecutive or concurrent terms; restriction on consecutive sentences for released prisoners)

Section 268 (interpretation of Chapter 6)

Section 302 (execution of process between England and Wales and Scotland)

Section 304 and paragraphs 11, 12(1) to (3) and (6), 29, 57 and 58 of Schedule 32 (amendments relating to sentencing)

Section 305(1) to (3) (interpretation of Part 12).


Notes:

[1] 2003 c. 44.back

[2] 2000 c. 11.back

[3] 1984 c. 60.back

[4] 1994 c. 33.back

[5] 2001 c. 19.back

[6] 2002 c. 30.back

[7] New section 37B is inserted by paragraph 3 of Schedule 2 to the 2003 Act.back

[8] 1988 c. 53.back

[9] 1997 c. 50.back

[10] 1998 c. 37.back



ISBN 0 11 048453 3


  © Crown copyright 2004

Prepared 23 January 2004


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