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Statutory Instruments

1987 No. 1061 (C.27)

CRIMINAL LAW, ENGLAND AND WALES AND NORTHERN IRELAND

The Criminal Justice Act 1987 (Commencement No. 1) Order 1987

Made

17th June 1987

In exercise of the powers conferred on me by section 16 of the Criminal Justice Act 1987(1), I hereby make the following Order:

1.  This Order may be cited as the Criminal Justice Act 1987 (CommencementNo. 1) Order 1987.

2.—(1) Subject to paragraphs (2) and (3) below, the provisions of the Criminal Justice Act 1987 specified in the Schedule to this Order shall come into force on 20th July 1987.

(2) Section 1 of the said Act of 1987 (including Schedule 1 thereto) shall so come into force for the purposes only of the appointment of a person to be the Director of the Serious Fraud Office, the appointment of staff for the Office and the doing of such other things as may be necessary or expedient for the establishment of the Office.

(3) Nothing in section 12 of the said Act of 1987 shall apply to things done before 20th July 1987.

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

Home Office

17th June 1987

Article 2

SCHEDULEPROVISIONS OF THE CRIMINAL JUSTICE ACT 1987 COMING INTO FORCE ON 20TH JULY 1987

Provisions of the ActSubject matter of provisions
Section 1 and Schedule 1 (for the purposes specified in article 2(2) above).The Serious Fraud Office.
Section 12.Charges of and penalty for conspiracy to
defraud.
Section 14.Financial provision.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 20th July 1987 sections 1, 12 and 14 of the Criminal Justice Act 1987 and Schedule 1 to the Act. Section 1 and Schedule 1, which provide for the constitution of the Serious Fraud Office, are by virtue of article 2(2) brought into force for the purposes only of the appointment of the Director of the Office and staff and the doing of other things necessary or expedient for setting up the Office. Section 12 provides for conspiracy to defraud to be charged in circumstances also involving the commission of substantive offences (and conspiracies to commit them) and prescribes a maximum penalty for the offence. Article 2(3) precludes the application of section 12 to conduct occurring before 20th July 1987.

Section 14 makes financial provision consequential upon the enactment of the 1987 Act.