The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017 No. 525 (C. 48)


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United Kingdom Statutory Instruments


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Statutory Instruments

2017 No. 525 (C. 48)

Criminal Law, England And Wales

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017

Made

5th April 2017

The Secretary of State makes the following Order in exercise of the powers conferred by section 77(1), (4) and (8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1).

Citation and interpretation

1.-(1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017.

(2) In this Order-

"the Act" means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

"alcohol abstinence and monitoring requirement" has the same meaning as in Part 12 of the Criminal Justice Act 2003(2).

Coming into force of section 76 of the Act

2.  Subject to articles 3 and 4(1), section 76 of the Act (alcohol abstinence and monitoring requirement) comes into force on 1st May 2017 for all purposes other than application by the Armed Forces Act 2006(3).

Areas in relation to which section 76 of the Act is in force

3.  Section 76 of the Act comes into force in relation to the following local justice areas(4)-

(a)Humber;

(b)Lincolnshire, and

(c)North Yorkshire.

Period for which section 76 of the Act is in force

4.-(1) Subject to paragraph (2), section 76 of the Act, in so far as it is brought into force by article 2, ceases to have effect at the end of 30th April 2019.

(2) Paragraph (1) does not affect the continued application after that date of an alcohol abstinence and monitoring requirement imposed by a court during the period mentioned in that paragraph.

Elizabeth Truss

Secretary of State

Ministry of Justice

5th April 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) from 1st May 2017 until the end of 30th April 2019, in the three local justice areas specified in article 3. Section 76 inserts section 212A of the Criminal Justice Act 2003 (c. 44), which gives a court a power to impose an alcohol abstinence and monitoring requirement as part of a community order or suspended sentence order. Article 4(2) provides that any requirement imposed before the end of 30th April 2019 (when section 76 ceases to be in force) may continue to have effect after that time.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Sections 1 to 181st April 20132013/453
Section 19 (except subsection (4))1st April 20132013/453
Sections 20 to 371st April 20132013/453
Section 38 (except subsection (2))1st April 20132013/453
Section 38(2)4th March 20132013/453
Sections 39 to 431st April 20132013/453
Section 44 (for the purpose of making orders, regulations or rules of court)19th January 20132013/77
Section 44 (partially)1st April 20132013/77
Section 44 (partially)6th April 20162016/345
Section 45(1) and (8)1st October 20122012/2412
Section 45 (in so far as not already in force for the purpose of making orders, regulations or rules of court)19th January 20132013/77
Section 45 (partially)1st April 20132013/77
Section 46 (in so far as not already in force for the purpose of making orders, regulations or rules of court)19th January 20132013/77
Section 46 (partially)1st April 20132013/77
Section 46 (partially)6th April 20162016/345
Section 471st April 20132013/77
Section 4819th January 20132013/77
Sections 49 to 541st April 20132013/773
Section 551st October 20122012/2412
Sections 56 and 571st April 20132013/453
Section 584th March 20132013/453
Section 591st April 20132013/453
Section 604th March 20132013/453
Sections 61 and 621st October 20122012/2412
Sections 63 to 663rd December 20122012/2906
Section 67 (except subsections (2)(a) and (5)(a))3rd December 20122012/2906
Sections 68 to 753rd December 20122012/2906
Section 76 (partially for a period of 12 months extended by a further 6 months by S.I. 2015/1480 and extended further until 31st March 2016 by S.I. 2016/1)31st July 20142014/1777
Section 76 (partially for a period of 12 months until 31st March 2017 extended by 12 months until 31st March 2018 by S.I. 2017/225)1st April 20162016/286
Section 78 (except subsection (3))3rd December 20122012/2906
Sections 79 to 843rd December 20122012/2906
Section 85 (except subsections (1), (2), (4) and (14))28th May 20142014/1291
Sections 85(1), (2) and (4)12th March 20152015/504
Sections 86 and 8728th May 20142014/1291
Section 888th April 20132013/453
Section 89 to 1183rd December 20122012/2906
Sections 120 to 1283rd December 20122012/2906
Sections 130 and 1313rd December 20122012/2906
Sections 132 to 1388th April 20132013/453
Section 13910th March 20142014/423
Section 1401st October 20122012/2412
Section 141(7) to (9) and (12)1st October 20122012/2412
Section 141 (so far as not already in force)10th March 20142014/423
Sections 142 and 1433rd December 20122012/2770
Section 1441st September 20122012/1956
Sections 145 to 1473rd December 20122012/2770
Section 14814th May 20132013/1127
Schedules 1 to 31st April 20132013/453
Schedule 44th March 20132013/453
Schedules 5 and 61st April 20132013/453
Schedules 7 and 81st October 20122012/2412
Schedules 9 to 223rd December 20122012/2906
Schedules 23 and 248th April 20132013/453
Schedule 25 (except paragraph 4)10th March 20142014/423
Schedules 26 and 273rd December 20122012/2770
(2)

2003 c. 44. Section 212A, the material provision in Part 12, was inserted by section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(4)

England and Wales is divided into areas known as local justice areas as required by section 8 of the Courts Act 2003 (c. 39). These were established by the Local Justice Areas Order 2005 (S.I. 2005/554). The Local Justice Areas Order 2013 (S.I. 2013/1777) created Lincolnshire with effect from 1st January 2014 (see articles 1 and 3). The Local Justice Areas Order 2015 (S.I. 2015/1506) created North Yorkshire with effect from 1st January 2016 (see article 1 and 3). The Local Justice Areas Order 2016 (S.I. 2016/941) created Humber with effect from 1st April 2017 (see articles 1 and 3).


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URL: http://www.bailii.org/uk/legis/num_reg/2017/uksi_2017525_en_1.html