Yn ddilys o 31/12/2020
PART 3 U.K.EUROPEAN PROTECTION ORDERS
CHAPTER 1U.K.European protection orders: England and Wales
InterpretationU.K.
3. In this Chapter—
“the England and Wales EPO Regulations” means the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 ;
“magistrates' court” is to be construed in accordance with regulation 2(2) of the England and Wales EPO Regulations (interpretation) as it has effect on and after exit day by virtue of regulations 5 to 8;
“person causing danger” has the same meaning as in regulation 11(1) of the England and Wales EPO Regulations (interpretation) as it has effect on and after exit day by virtue of regulations 5 to 7 and is to be construed as if the United Kingdom continued on and after exit day to be a member State;
“protected person” has the same meaning as in regulation 11(1) of the England and Wales EPO Regulations as it has effect on and after exit day by virtue of regulations 5 to 7 and is to be construed as if the United Kingdom continued on and after exit day to be a member State;
“the central authority for England and Wales” has the same meaning as in regulation 2(1) of the England and Wales EPO Regulations as it has effect on and after exit day by virtue of regulations 6 and 7.
Commencement Information
Marginal Citations
Revocation of the England and Wales EPO RegulationsU.K.
4. The England and Wales EPO Regulations are revoked.
Transitional and saving provision: restraining orders made before exit dayU.K.
5.—(1) A relevant restraining order that was made before exit day continues to have effect on and after exit day as if the England and Wales EPO Regulations had not been revoked by regulation 4.
(2) Where a relevant restraining order was made before exit day, a magistrates' court may vary or discharge that order on or after exit day—
(a)on an application made by the protected person or by a guardian or representative of that person on their behalf;
(b)on an application by the person causing danger, or
(c)of the court's own motion.
(3) Where the magistrates' court has exercised the power under paragraph (1), it must ensure that the following are informed of that decision—
(a)the person causing danger, and
(b)the protected person (or, where appropriate, the guardian or representative of the protected person).
(4) The court must not provide the person causing danger with the address or contact details of the protected person under paragraph (2) unless the disclosure of those details is necessary to enable the person causing danger to comply with the order.
(5) For the purposes of this regulation, “a relevant restraining order” is a restraining order that was—
(a)made in accordance with regulation 13(2) of the England and Wales EPO Regulations (giving effect in England and Wales to a European protection order), or
(b)varied in accordance with regulation 17(6) of those Regulations (giving effect to a modified order).
(6) For the purposes of this regulation, the following provisions of the England and Wales EPO Regulations continue to have effect on and after exit day as if they had not been revoked by regulation 4—
(a)regulation 2;
(b)regulation 11.
Saving provision: requests for recognition of European protection orders received but not determined before exit dayU.K.
6.—(1) This regulation applies where, before exit day—
(a)a request referred to in regulation 12(1)(b) of the England and Wales EPO Regulations (requests from other member States to recognise a European protection order) was received by the central authority for England and Wales, and
(b)the decision referred to in regulation 12(4) of the England and Wales EPO Regulations was not made in relation to that request.
(2) Subject to the modifications set out in paragraph (3), the following provisions of the England and Wales EPO Regulations continue to have effect on and after exit day in relation to that request as if they had not been revoked by regulation 4—
(a)regulation 2;
(b)regulation 11;
(c)regulation 12(3) to (8);
(d)regulation 13 (giving effect in England and Wales to a European protection order);
(e)regulation 14(3) and (4) (procedural requirements relating to the making of a restraining order);
(f)the Schedule (grounds for refusal to give effect to a European protection order).
(3) The modifications are—
(a)regulation 12(6) is to be read as if—
(i)it were not subject to regulation 14, and
(ii)in sub-paragraph (a) for the words “the competent authority of the issuing State and the protected person are informed” there were substituted “ the protected person is informed ”;
(b)regulation 14(3) is to be read as if sub-paragraph (b) were omitted;
(c)paragraph 1 of the Schedule is to be read as if—
(i)at the end of sub-paragraph (a), “and” were omitted, and
(ii)sub-paragraph (b) were omitted.
(4) The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued on and after exit day to be a member State.
(5) Where, by virtue of this regulation, a restraining order is made in accordance with regulation 13(2) of the England and Wales EPO Regulations on or after exit day, a magistrates' court may vary or discharge that order—
(a)on an application made by the protected person or by a guardian or representative of that person on their behalf;
(b)on an application by the person causing danger, or
(c)of the court's own motion.
(6) Where the magistrates' court has exercised the power under paragraph (5), it must ensure that the following are informed of that decision—
(a)the person causing danger, and
(b)the protected person (or, where appropriate, the guardian or representative of the protected person).
(7) The court must not provide the person causing danger with the address or contact details of the protected person under paragraph (6) unless the disclosure of those details is necessary to enable the person causing danger to comply with the order.
Saving provision: European protection order modifications communicated, but not given effect to, before exit dayU.K.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Saving provision: European protection order revocation notifications made, but not given effect to, before exit dayU.K.
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 2U.K.European protection orders: Northern Ireland
InterpretationU.K.
9. In this Chapter—
“the Northern Ireland EPO Regulations” means the Criminal Justice (European Protection Order) (Northern Ireland) Regulations 2014 ;
“magistrates' court” is to be construed in accordance with regulation 2(2) of the Northern Ireland EPO Regulations (interpretation – general) as it has effect on and after exit day by virtue of regulations 11 to 14;
“person causing danger” has the same meaning as in regulation 11(1) of the Northern Ireland EPO Regulations (interpretation) as it has effect on and after exit day by virtue of regulations 11 to 13 and is to be construed as if the United Kingdom continued on and after exit day to be a member State;
“protected person” has the same meaning as in regulation 11(1) of the Northern Ireland EPO Regulations as it has effect on and after exit day by virtue of regulations 11 to 13 and is to be construed as if the United Kingdom continued on and after exit day to be a member State;
“the central authority for Northern Ireland” has the same meaning as in regulation 2(1) of the Northern Ireland EPO Regulations as it has effect on and after exit day by virtue of regulations 12 and 13.
Commencement Information
Marginal Citations
Revocation of the Northern Ireland EPO RegulationsU.K.
10. The Northern Ireland EPO Regulations are revoked.
Transitional and saving provision: restraining orders made before exit dayU.K.
11.—(1) A relevant restraining order that was made before exit day continues to have effect on and after exit day as if the Northern Ireland EPO Regulations had not been revoked by regulation 10.
(2) Where a relevant restraining order was made before exit day, a magistrates' court may vary or discharge that order on or after exit day—
(a)on an application made by the protected person or by a guardian or representative of that person on their behalf;
(b)on an application by the person causing danger, or
(c)of the court's own motion.
(3) Where the magistrates' court has exercised the power under paragraph (1), it must ensure that the following are informed of that decision—
(a)the person causing danger, and
(b)the protected person (or, where appropriate, the guardian or representative of the protected person).
(4) The court must not provide the person causing danger with the address or contact details of the protected person under paragraph (2) unless the disclosure of those details is necessary to enable the person causing danger to comply with the order.
(5) For the purposes of this regulation, “a relevant restraining order” is a restraining order that was—
(a)made in accordance with regulation 13(2) of the Northern Ireland EPO Regulations (giving effect in Northern Ireland to a European protection order), or
(b)varied in accordance with regulation 17(6) of those Regulations (giving effect to a modified order).
(6) For the purposes of this regulation, the following provisions of the Northern Ireland EPO Regulations continue to have effect on and after exit day as if they had not been revoked by regulation 10—
(a)regulation 2;
(b)regulation 11.
Saving provision: requests for recognition of European protection orders received but not determined before exit dayU.K.
12.—(1) This regulation applies where, before exit day—
(a)a request referred to in regulation 12(1)(b) of the Northern Ireland EPO Regulations (requests from other member States to recognise a European protection order) was received by the central authority for Northern Ireland, and
(b)the decision referred to in regulation 12(4) of the Northern Ireland EPO Regulations was not made in relation to that request.
(2) Subject to the modifications set out in paragraph (3), the following provisions of the Northern Ireland EPO Regulations continue to have effect on and after exit day in relation to that request as if they had not been revoked by regulation 10—
(a)regulation 2;
(b)regulation 11;
(c)regulation 12(3) to (8);
(d)regulation 13 (giving effect in Northern Ireland to a European protection order);
(e)regulation 14(3) and (4) (procedural requirements relating to the making of a protection order) ;
(f)the Schedule (grounds for refusal to give effect to a European protection order).
(3) The modifications are—
(a)regulation 12(6) is to be read as if—
(i)it were not subject to regulation 14, and
(ii)in sub-paragraph (a), the words “the competent authority of the issuing State and” were omitted;
(b)regulation 14(3) is to be read as if sub-paragraph (b) were omitted;
(c)paragraph 1 of the Schedule is to be read as if—
(i)at the end of sub-paragraph (a), “and” were omitted, and
(ii)sub-paragraph (b) were omitted.
(4) The provisions referred to in paragraph (2) are to be construed as if the United Kingdom continued on and after exit day to be a member State.
(5) Where, by virtue of this regulation, a restraining order is made in accordance with regulation 13(2) of the Northern Ireland EPO Regulations on or after exit day, a magistrates' court may vary or discharge that order—
(a)on an application made by the protected person or by a guardian or representative of that person on their behalf;
(b)on an application by the person causing danger, or
(c)of the court's own motion.
(6) Where the magistrates' court has exercised the power under paragraph (5), it must ensure that the following are informed of that decision—
(a)the person causing danger, and
(b)the protected person (or, where appropriate, the guardian or representative of the protected person).
(7) The court must not provide the person causing danger with the address or contact details of the protected person under paragraph (6) unless the disclosure of those details is necessary to enable the person causing danger to comply with the order.
Commencement Information
Marginal Citations
Saving provision: European protection order modifications communicated, but not given effect to, before exit dayU.K.
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Saving provision: European protection order revocation notifications made, but not given effect to, before exit dayU.K.
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consequential revocationU.K.
15. The Criminal Justice (European Protection Order) (Amendment) Regulations (Northern Ireland) 2015 are revoked.
Commencement Information
Marginal Citations
Yn ddilys o 31/12/2020
PART 5 U.K.MUTUAL RECOGNITION OF FINANCIAL PENALTIES
InterpretationU.K.
17. In this Part, the “2008 Act” means the Criminal Justice and Immigration Act 2008 .
Commencement Information
Marginal Citations
Amendment of the Courts Act 2003U.K.
18. In paragraph 38 of Schedule 5 to the Courts Act 2003 (the range of further steps available against defaulters) , omit—
(a)sub-paragraph (1)(f);
(b)sub-paragraph (4);
(c)sub-paragraph (5).
Commencement Information
Marginal Citations
Amendment of the 2008 ActU.K.
19. In the 2008 Act, omit—
(a)sections 80 to 92 (recognition of financial penalties) ;
(b)section 147(5)(d) (orders, rules and regulations) ;
(c)Schedule 18 (penalties suitable for enforcement in England and Wales or Northern Ireland) ;
(d)Schedule 19 (grounds for refusal to enforce financial penalties) ;
(e)paragraph 29 of Schedule 27 (mutual recognition of financial penalties).
Commencement Information
Marginal Citations
Saving provision: requests from member StatesU.K.
20.—(1) The provisions of the 2008 Act set out in paragraph (2) continue to apply with the modifications set out in paragraph (3) where, before exit day, the Lord Chancellor or the Department of Justice in Northern Ireland received a decision or a certified copy of a decision and a certificate mentioned in section 84(1)(a) or (as the case may be) section 87(1)(a) of the 2008 Act.
(2) The provisions of the 2008 Act referred to in paragraph (1) are—
(a)sections 84 to 90A;
(b)sections 91(1) and (2);
(c)section 92;
(d)Schedule 18;
(e)Schedule 19;
(f)sub-paragraphs (3) and (4) of paragraph 29 of Schedule 27.
(3) For the purposes of this regulation, the provisions of the 2008 Act referred to in paragraph (2) are to be read as if —
(a)the term “member State” included the United Kingdom;
(b)section 85(4A) were omitted;
(c)section 85(7C) were omitted;
(d)for section 85(8)(c) there were substituted—
“(c)the magistrates' court is satisfied, having regard to evidence provided by the person required to pay the financial penalty to which the certificate relates, that all or part of the penalty has been paid in any State,”;
(e)section 88(4A) were omitted;
(f)section 88(6C) were omitted;
(g)for section 88(7)(c) there were substituted—
“(c)the magistrates' court is satisfied, having regard to evidence provided by the person required to pay the financial penalty to which the certificate relates, that all or part of the penalty has been paid in any State,”.
Yn ddilys o 31/12/2020
PART 6 U.K.TAKING ACCOUNT OF CONVICTIONS
CHAPTER 1U.K.Amendments: legislation that extends to England and Wales only
Amendment of the Prevention of Crime Act 1953U.K.
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Magistrates' Courts Act 1980U.K.
22.—(1) Section 19 of the Magistrates' Courts Act 1980 (decision as to allocation) is amended as follows.
(2) In subsection (5)—
(a)at the end of paragraph (a), insert “ or ”;
(b)omit paragraph (aa).
(3) Omit subsection (5A).
Commencement Information
Marginal Citations
Amendment of the Criminal Justice and Public Order Act 1994U.K.
23.—(1) Section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences) is amended as follows.
(2) In subsection (2), in the opening words, for “subsection (3)” substitute “ subsection (3A) ”.
(3) Omit subsection (3).
(4) Omit subsection (3B).
(5) In subsection (5), omit the definition of “relevant foreign offence”.
(6) Omit subsection (5A).
Commencement Information
Marginal Citations
Amendment of the Crime and Disorder Act 1998U.K.
24.—(1) Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) is amended as follows.
(2) In sub-paragraph (5)—
(a)at the end of paragraph (a), insert “ or ”;
(b)omit paragraph (aa).
(3) Omit sub-paragraph (5A).
Commencement Information
Marginal Citations
Amendment of the Powers of Criminal Courts (Sentencing) Act 2000U.K.
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Criminal Justice Act 2003U.K.
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Coroners and Justice Act 2009U.K.
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 2U.K.Amendments: legislation that extends to Northern Ireland only
Amendment of the Police and Criminal Evidence (Northern Ireland) Order 1989U.K.
28.—(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
(2) In Article 71 (proof of convictions and acquittals) —
(a)omit paragraph (1A);
(b)omit paragraph (2)(c) and the “and” preceding it.
(3) In Article 72 (conviction as evidence of commission of offence) —
(a)in paragraph (1), omit “or any other member State”;
(b)in paragraph (2), omit “or any other member State”;
(c)in paragraph (3)(a), omit “or any other member State”.
(4) In Article 73(1) (provisions supplementary to Article 72) , for sub-paragraph (b) substitute—
“(b)the contents of the complaint, indictment or charge-sheet on which the person in question was convicted,”.
Commencement Information
Marginal Citations
CHAPTER 3U.K.Amendments: legislation that extends to England and Wales and Northern Ireland
Amendment of the Police and Criminal Evidence Act 1984E+W+N.I.
29.—(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 73 (proof of convictions and acquittals)—
(a)in subsection (1), omit “or any other member State”;
(b)omit subsection (2)(c) and the “and” preceding it;
(c)in subsection (3)—
(i)in paragraph (b), omit “in the United Kingdom”;
(ii)omit paragraph (c) and the “and” preceding it.
(3) In section 74 (conviction as evidence of commission of offence) —
(a)in subsection (1), omit “or any other member State”;
(b)in subsection (2), omit “or any other member State”;
(c)in subsection (3)(a), omit “or any other member State”.
(4) In section 75(1) (provisions supplementary to section 74) , for paragraph (b) substitute—
“(b)the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,”.
Commencement Information
Marginal Citations
Amendment of the Criminal Justice Act 1988U.K.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 4U.K.Transitional provision
Transitional provisionU.K.
31.—(1) This Part does not apply in relation to proceedings instituted before exit day.
(2) For the purposes of paragraph (1) as it extends to England and Wales—
(a)proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 , in accordance with section 15(2) of that Act, and
(b)proceedings on appeal are instituted when the notice of appeal is given or the reference under section 9 or 11 of the Criminal Appeal Act 1995 is made.
(3) For the purposes of paragraph (1) as it extends to Northern Ireland—
(a)proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 2 of the Justice (Northern Ireland) Act 2002 , in accordance with section 44(1) of that Act, and
(b)proceedings on appeal are instituted when the notice of appeal is given or the reference under section 10 or 12 of the Criminal Appeal Act 1995 is made.
Commencement Information
Marginal Citations