1995 No. 43 (c.3)

CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, SCOTLAND
CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice Act 1993 (Commencement No. 8) Order 1995

Made

In exercise of the powers conferred on me by section 78(3) and (4) of the Criminal Justice Act 19931, I hereby make the following Order:

1

This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 8) Order 1995.

2

The provisions of the Criminal Justice Act 1993 (“the 1993 Act”) referred to in the left–hand column of the Schedule to this Order (which relate to the matters described in the right–hand column of the Schedule) shall come into force on 3rd February 1995.

3

1

So far as relating to the following provisions of the 1993 Act, namely, sections 27 and 28, this Order extends to England and Wales only.

2

So far as relating to section 24(12) to (15), this Order extends to Scotland only.

3

So far as relating to the following provisions of the 1993 Act, namely—

a

sections 36 to 43; and

b

paragraph 3 and paragraph 17(2) to (3) and (6) to (7) of Schedule 5 and Schedule 6 so far as it relates to the Northern Ireland (Emergency Provisions) Act 19912,

this Order extends to Northern Ireland only.

Michael HowardOne of Her Majesty’s Principal Secretaries of StateHome Office

SCHEDULEPROVISIONS OF THE CRIMINAL JUSTICE ACT 1993 COMING INTO FORCE ON 3RD FEBRUARY 1995

Article 2

Provisions of the Act

Subject matter of provisions

Section 24(12) to (15)

Miscellaneous amendments

Section 27

Confiscation orders

Section 28

Postponed determinations

Section 36

Confiscation orders

Section 37

Revised assessments

Section 38

Statements, etc. relevant to making confiscation orders

Section 39

Provision of information

Section 40

Variation of confiscation orders

Section 41

Availability of powers and satisfaction of orders

Section 42

Defendant who has died or absconded

Section 43

Compensation

Schedule 5, paragraphs 3 and 17(2), (3), (6) and (7)

Consequential amendments

Schedule 6, so far as it relates to sections 48(3) and 51(3) of the Northern Ireland (Emergency Provisions) Act 1991

Repeals and Revocations

(This note is not part of the Order)

This Order brings into force on 3rd February 1995 the provisions of the Criminal Justice Act 1993 specified in the Schedule to the Order.

(This note is not part of the Order)

This Order has been preceded by the Criminal Justice Act 1993 (Commencement No. 1) Order 1993 (S.I. 1993/1968), the Criminal Justice Act 1993 (Commencement No. 2) (Transitional Provisions and Savings) (Scotland) Order 1993 (S.I. 1993/2035), the Criminal Justice Act 1993 (Commencement No. 3) Order 1993 (S.I. 1993/2734), the Criminal Justice Act 1993 (Commencement No. 4) Order 1994 (S.I. 1994/71), the Criminal Justice Act 1993 (Commencement No. 5) Order 1994 (S.I. 1994/242), the Criminal Justice Act 1993 (Commencement No. 6) Order 1994 (S.I. 1994/700) and the Criminal Justice Act 1993 (Commencement No. 7) Order 1994 (S.I. 1994/1951). The first of these Orders brought into force on two different dates, certain provisions of that Act for England and Wales. The second Order brought into force for Scotland section 67(1) of that Act on 16 August 1993. The third Order brought into force certain provisions of that Act on 1st December 1993 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland, Scotland and Northern Ireland and Northern Ireland only. The fourth Order brought into force certain provisions of that Act on 15 February 1994 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland and Northern Ireland. The fifth Order brought into force certain provisions of that Act on 1st March 1994 for, variously, the United Kingdom, Great Britain and Northern Ireland only. The sixth Order brought into force certain provisions of that Act on 1st April 1994 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland and Northern Ireland. The seventh Order brought into force section 72 of that Act on 22nd August 1994 for the United Kingdom, the Channel Islands and the Isle of Man.

The Tables below set out in chronological order the provisions of the Act brought into force by the Orders and the dates of coming into force of those provisions.

TABLE APROVISIONS OF THE ACT BROUGHT INTO FORCE FOR ENGLAND AND WALES ONLY BY S.I. 1993/1968, 1993/2734, 1994/71 AND 1994/700.

Provision of the Act

Date of coming into force

Section 16

15th February 1994

Section 18

1st April 1994

Section 20(1)

1st December 1993

Section 21(2)

1st December 1993

Section 21(3)(a), (b) and (g)

1st December 1993

Section 22(1)

1st December 1993

Section 26(1)

1st April 1994

Section 65

20th September 1993

Section 66

16th August 1993

Section 67

16th August 1993

Section 74

15th February 1994

Section 79(14) (partially)

20th September 1993

Schedule 3

20th September 1993

Schedule 4 (partially)

1st April 1994

Schedule 5 (partially)

15th February 1994

Schedule 6 (partially)

20th September 1993 and 15th February 1994

TABLE BPROVISIONS OF THE ACT BROUGHT INTO FORCE FOR SCOTLAND ONLY BY S.I. 1993/2035, 1993/2734, 1994/71 AND 1994/700.

Provision of the Act

Date of coming into force

Section 17

15th February 1994

Section 19

1st April 1994

Section 20(2)

1st December 1993

Section 21(3)(c) and (d)

1st December 1993

Section 22(2)

1st December 1993

Section 26(2)

1st April 1994

Section 33

15th February 1994

Section 67(1)

16th August 1993

Schedule 4 (partially)

1st April 1994

Schedule 5 (partially)

15th February 1994

TABLE CPROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM BY S.I. 1993/2734, 1994/71, 1994/242 AND 1994/700.

Provision of the Act

Date of coming into force

Section 21(1)

1st December 1993

Section 21(3)(h)

1st December 1993

Section 23

1st December 1993

Section 45

1st December 1993

Section 46

1st December 1993

Section 47

15th February 1994

Section 48

1st April 1994

Section 49

15th February 1994

Section 50

1st April 1994

Section 51

1st April 1994

Section 52

1st March 1994

Section 53

1st March 1994

Section 54

1st March 1994

Section 55

1st March 1994

Section 56

1st March 1994

Section 57

1st March 1994

Section 58

1st March 1994

Section 59

1st March 1994

Section 60

1st March 1994

Section 61

1st March 1994

Section 62

1st March 1994

Section 63

1st March 1994

Section 64

1st March 1994

Section 77

1st April 1994

Section 78

15th February 1994

Section 79(13) (partially)

15th February 1994 and 1st March 1994

Section 79(14) (partially)

15th February 1994 and 1st March 1994

Schedule 1

1st March 1994

Schedule 2

1st March 1994

Schedule 4 (partially)

1st April 1994

Schedule 5 (partially)

1st March 1994 and 1st April 1994

Schedule 6 (partially)

15th February 1994 and 1st March 1994

TABLE DPROVISIONS OF THE ACT BROUGHT INTO FORCE FOR GREAT BRITAIN ONLY BY S.I. 1993/2734, 1994/71, 1994/242 AND 1994/700.

Provision of the Act

Date of coming into force

Section 21(3)(e)

1st December 1993

Section 29

15th February 1994

Section 30

15th February 1994

Section 31

15th February 1994

Section 32

1st April 1994

Section 34(1)

1st December 1993

Section 35

1st December 1993

Section 73

1st December 1993

Schedule 4 (partially)

1st April 1994

Schedule 5 (partially)

1st February 1994 and 1st March 1994

Schedule 6 (partially)

1st March 1994

TABLE EPROVISIONS OF THE ACT BROUGHT INTO FORCE FOR SCOTLAND AND NORTHERN IRELAND ONLY BY S.I. 1993/2734.

Provision of the Act

Date of coming into force

Section 21(3)(f)

1st December 1993

Section 34(2)

1st December 1993

TABLE FPROVISIONS OF THE ACT BROUGHT INTO FORCE FOR NORTHERN IRELAND ONLY BY S.I. 1993/2734, 1994/71, 1994/242 and 1994/700.

Provision of the Act

Date of coming into force

Section 44

1st December 1993

Schedule 5 (partially)

1st March 1994 and 1st April 1994

Schedule 6 (partially)

15th February 1994 and 1st March 1994

TABLE GPROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM, THE CHANNEL ISLANDS AND THE ISLE OF MAN BY S.I. 1994/ 1951.

Provision of the Act

Date of coming into force

Section 72

22 August 1994