[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Justice Act 2003 (Commencement No. 9) URL: http://www.bailii.org/uk/legis/num_reg/2005/20050000.html

[New search] [Help]

---

STATUTORY INSTRUMENTS

---


2005 No.
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
The Criminal Justice Act 2003 (Commencement No.9) Order 2005


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

1.—(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 9) Order 2005.

(2) In this Order–

(a) "the 2003 Act" means the Criminal Justice Act 2003; and

(b) "the 1998 Act" means the Crime and Disorder Act 1998.

2.—(1) The provisions of the 2003 Act specified in paragraph (2) shall come into force on 9th May 2005.

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

(a) in relation to cases sent for trial under sections 51 or 51A(3)(d) of the 1998 Act (sending cases to the Crown Court), the provisions specified in Part 1 of the Schedule to this Order;

(b) in relation to cases sent for trial under section 51A(3)(d) of the 1998 Act, the provisions specified in Part 2 of the Schedule to this Order; and

(c) in relation to cases committed for sentence under section 3C of the Powers of Criminal Courts (Sentencing) Act 2000 (committal for sentence of dangerous young offenders), paragraphs 75(1) and (3) of Schedule 3 (Proceeds of Crime Act 2002).

SCHEDULE Article 2

PROVISIONS OF THE CRIMINAL JUSTICE ACT 2003 COMING INTO FORCE ON 9^TH MAY 2005

PART 1

Commencement of provisions in relation to cases sent for trial under section 51 or 51A(3)(d) of the 1998 Act

1.—(1) The following paragraphs of Schedule 3 (allocation of cases triable either way and sending cases to the Crown Court)–

(a) paragraph 33 (Children and Young Persons Act 1933 (c.12));

(b) paragraph 34(1), (2)(e) and (3) (Administration of Justice (Miscellaneous Provisions) Act 1933 (c.36));

(c) paragraph 35(1) and (2) (Criminal Justice Act 1948 (c.58));

(d) paragraph 36 (Prison Act 1952 (c.52));

(e) paragraph 39 (Geneva Conventions Act 1957 (c.52));

(f) paragraph 44(1) and (2) (Criminal Appeal Act 1968 (c.19));

(g) paragraph 48(1), (3)(a), (3)(b)(i), (4) and (5) (Bail Act 1976 (c.63));

(h) paragraph 49 in so far as it inserts an entry 'sent for trial' in Schedule 1 to the Interpretation Act 1978 (c.30);

(i) paragraph 51(1), (2), (5) and (8) (Magistrates' Courts Act 1980 (c.43));

(j) paragraph 54(1), (3)(a), (3)(b), (3)(c) and (4) (Supreme Court Act 1981 (c.54));

(k) paragraph 55(1) and (3) (Mental Health Act 1983 (c.20));

(l) paragraph 56(1) and (2)(b) (Police and Criminal Evidence Act 1984 (c.60));

(m) paragraph 57(1), (2), (3)(b)(i), (4), (5)(b) and (7)(a) (Prosecution of Offences Act 1985 (c.23));

(n) paragraph 59 (Coroners Act 1988 (c.13));

(o) paragraph 63 (Sexual Offences (Amendment) Act 1992 (c.34));

(p) paragraph 64(1), (2)(b), (3)(b) and (4)(b) (Criminal Justice and Public Order Act 1994 (c.33));

(q) paragraph 66(1), (2)(b), (6)(a) and (7) (Criminal Procedure and Investigations Act 1996 (c.25)); and

(r) paragraph 74(1), (2) and (5) (Powers of Criminal Courts (Sentencing) Act 2000 (c.6)).

(2) The following entries in Part 4 of Schedule 37 (repeals)–

(a) the entry relating to section 23A(1)(b) of the Prosecution of Offences Act 1984 (c.60); and

(b) the entry relating to section 1(2)(cc) of the Criminal Procedure and Investigations Act 1996 (c.25)).

PART 2

Commencement of provisions in relation to cases sent for trial under section 51A(3)(d) of the 1998 Act

2. The following paragraphs of Schedule 3 (allocation of cases triable either way and sending cases to the Crown Court)–

(a) paragraph 34(2)(a) and (2)(c)(i) (Administration of Justice (Miscellaneous Provisions) Act 1933 (c.36));

(b) paragraph 42 in so far as it substitutes section 2(4) of the Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69) (issue of witness summons on application to Crown Court);

(c) paragraph 48(2)(a)(i) (Bail Act 1976 (c.63));

(d) paragraph 54(5)(a)(i)(b) (Supreme Court Act 1981 (c.54));

(e) paragraph 57(5)(a), (6) and (7)(b) (Prosecution of Offences Act 1985 (c.23));

(f) paragraph 60(1) and (7)(b) (Criminal Justice Act 1988 (c.33));

(g) paragraph 66(3)(c) (Criminal Procedure and Investigations Act 1996 (c.25)).

(h) paragraphs 68 and 69 of the 1998 Act;

(i) paragraph 73(1) and (3)(b) (Youth Justice and Criminal Evidence Act 1999 (c.23)); and

(j) paragraph 74(3)(b) and (4)(b) (Powers of Criminal Courts (Sentencing) Act 2000 (c.6)).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 9th May 2005 provisions of the Criminal Justice Act 2003 which relate to the sending of persons to the Crown Court for trial under sections 51 or 51A(3)(d) of the Crime and Disorder Act 1998 and the committal of dangerous young offenders to the Crown Court for sentence under section 3C of the Powers of Criminal Courts (Sentencing) Act 2000.