Criminal Justice Act 1993

PART VII SUPPLEMENTARY

78 Commencement etc

(1) Sections 70 and 71 shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(2) Sections 68, 69, 75, 76 and 79(1) to (12), paragraph 2 of Schedule 5 and, in so far as relating to the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 and the [1993 c. 9.] Prisoners and Criminal Proceedings (Scotland) Act 1993, Schedule 6, shall come into force on the passing of this Act.

(3) The other provisions of this Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument.

(4) Different days may be appointed under subsection (3) for different provisions and different purposes.

(5) Nothing in any provision in Part I applies to any act, omission or other event occurring before the coming into force of that provision.

(6) Where a person is charged with a relevant offence which was committed before the coming into force of a provision of Part II, Part III, or (as the case may be) Part IV, that provision shall not affect the question whether or not that person is guilty of the offence or the powers of the court in the event of his being convicted of that offence.

(7) Section 4A(3) and (4) of the [1986 c. 32.] Drug Trafficking Offences Act 1986 (inserted by section 14) shall not apply to any proceedings—

(a) for an offence committed before the commencement of section 14; or

(b) for one or more offences, any one of which was so committed.

(8) Section 52B(3) and (4) of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (inserted by section 42) shall not apply to any proceedings—

(a) for an offence committed before the commencement of section 42; or

(b) for one or more offences, any one of which was so committed.

(9) In subsection (6) “relevant offence” means an offence in relation to which provision is made by Part II, Part III or Part IV, other than an offence created by that Part.

(10) An order under subsection (3) may contain such transitional provisions and savings as the Secretary of State considers appropriate.

(11) For the purposes of section 27 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 15 of Schedule 5 to, this Act shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.

(12) For the purposes of section 69 of the [1991 c. 24.] Northern Ireland (Emergency Provisions) Act 1991 (temporary provisions), any amendment made in that Act by a provision of Part IV of, or paragraph 17(1), (2), (5), (6) and (7) of Schedule 5 to, this Act (other than sections 43 and 45) shall be treated, as from the time when that provision comes into force, as having been continued in force by the order under section 69(3) of the Act of 1991 which has effect at that time.

79 Short title, extent etc

(1) This Act may be cited as the Criminal Justice Act 1993.

(2) The following provisions of this Act extend to the United Kingdom—

• Part V;

• sections 21(1) and (3)(h), 23, 24, 45 to 51, 70 to 72, 77, 78 and this section;

• Schedules 1 and 2; and

• paragraphs 4, 5 and 6 of Schedule 4.

(3) The following provisions of this Act extend only to Great Britain—

• sections 13(9) to (11), 21(3)(e), 24(2), (3) and (7) to (10), 29 to 32, 34(1), 35, 67(1) and 73; and

• paragraph 3 of Schedule 4.

(4) The following provisions of this Act extend only to Scotland—

• sections 17, 19, 20(2), 21(3)(c) and (d), 22(2), 24(12) to (15), 26(2), 33, 68, 69, 75 and 76; and

• paragraph 2 of Schedule 4.

(5) Sections 21(3)(f) and 34(2) extend to Scotland and Northern Ireland only.

(6) Sections 36 to 44 extend only to Northern Ireland.

(7) Section 72 also extends to the Channel Islands and the Isle of Man.

(8) The provisions of Schedules 5 and 6 have the same extent as the provisions on which they operate.

(9) Otherwise, this Act extends to England and Wales only.

(10) Her Majesty may by Order in Council direct that such provisions of this Act as may be specified in the Order shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any colony.

(11) Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the [1973 c. 36.] Northern Ireland Constitution Act 1973, the regulation of insider dealing shall not be a transferred matter for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

(12) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to purposes of any of sections 16, 18 and 29 to 32—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(13) Schedule 5 (consequential amendments) shall have effect.

(14) The repeals and revocations set out in Schedule 6 (which include the repeal of two enactments which are spent) shall have effect.