The Criminal Justice Act 1993 (Commencement No. 4) Order 1994

Statutory Instruments

1994 No. 71 (C.1)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice Act 1993 (Commencement No. 4) Order 1994

Made

14th January 1994

In exercise of the powers conferred on me by section 78(3) and (4) of the Criminal Justice Act 1993(1), I hereby make the following Order:

1.  This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 4) Order 1994.

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 15th February 1994.

3.—(1) So far as relating to the following provisions of the 1993 Act, namely—

(a) sections 47, 49 and 78; and

(b) so far as it relates to the Prevention of Terrorism (Temporary Provisions) Act 1989(2), the Criminal Justice (International Co-operation) Act 1990(3) and section 67(6) of the Northern Ireland (Emergency Provisions) Act 1991(4), Schedule 6,

this Order extends to the United Kingdom.

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

(a) sections 29, 30 and 31; and

(b) paragraph 14(2)(a) of Schedule 5,

this Order extends to Great Britain only.

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

(a) sections 16 and 74; and

(b) paragraph 14(1) of Schedule 5 and, so far as it relates to the Drug Trafficking Offences Act 1986(5) and to the Criminal Justice Act 1988(6), Schedule 6,

this Order extends to England and Wales only.

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

(a) sections 17 and 33; and

(b) paragraph 14(2)(b) of Schedule 5,

this Order extends to Scotland only.

(5) So far as relating to the entry in Schedule 6 to the 1993 Act relating to section 50(2) of the Northern Ireland (Emergency Provisions) Act 1991, this Order extends to Northern Ireland only.

Home Office

Michael Howard

One of Her Majesty’s Principal Secretaries of State

14th January 1994

Article 2

SCHEDULE PROVISIONS OF THE CRIMINAL JUSTICE ACT 1993 COMING INTO FORCE ON 15TH FEBRUARY 1994

Provisions of the Act	Subject matter of provisions
Section 16	Acquisition, possession or use of proceeds of drug trafficking
Section 17	Acquisition, possession or use of proceeds of drug trafficking: Scotland
Section 29	Assisting another to retain the benefit of criminal conduct
Section 30	Acquisition, possession or use of proceeds of criminal conduct
Section 31	Concealing or transferring proceeds of criminal conduct
Section 33	Application to Scotland of sections 93A to 93D of 1988 Act
Section 47	Offences relating to proceeds of terrorist-related activities
Section 49	Financial assistance for terrorism
Section 74	Persons not eligible for early release
Section 78 to the extent that it is not already in force	Commencement etc.
Section 79(13) to the extent necessary to bring into force the provision of Schedule 5 specified below	Consequential amendments
Section 79(14) to the extent necessary to bring into force the provisions of Schedule 6 specified in the Appendix hereto	Repeals and revocations
Schedule 5, paragraph 14	Consequential amendments
So much of Schedule 6 as is specified in the Appendix hereto	Repeals and revocations

APPENDIX PROVISIONS OF SCHEDULE 6 COMING INTO FORCE ON 15TH FEBRUARY 1994

So much of Part I as relates to the following enactments:

• Sections 1(5)(b)(iii) and 27(5) of the Drug Trafficking Offences Act 1986 (c. 32)

• The Criminal Justice Act 1988 (c. 33)

• The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

• The Criminal Justice (International Co-operation) Act 1990 (c. 5)

• Sections 50(2) and 67(6) of the Northern Ireland (Emergency Provisions) Act 1991 (c. 24)

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 15th February 1994 the provisions of the Criminal Justice Act 1993 specified in the Schedule to the Order.

Note as to Earlier Commencement Orders

(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) and the Criminal Justice Act 1993 (Commencement No. 3) Order 1993 (S.I. 1993/2734). 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 16th 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 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 A

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR ENGLAND AND WALES ONLY BY S.I. 1993/1968 AND 1993/2734

Provision of the Act	Date of coming into force
Section 66	16th August 1993
Section 67	16th August 1993
Section 65	20th September 1993
Section 79(14) (partially)	20th September 1993
Schedule 3	20th September 1993
Schedule 6 (partially)	20th September 1993
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

TABLE B

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR SCOTLAND ONLY BY S.I. 1993/2035 AND 1993/2734

Provision of the Act	Date of coming into force
Section 67(1)	16th August 1993
Section 20(2)	1st December 1993
Section 21(3)(c) and (d)	1st December 1993
Section 22(2)	1st December 1993

TABLE C

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM BY S.I. 1993/2734

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

TABLE D

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR GREAT BRITAIN ONLY BY S.I. 1993/2734

Provision of the Act	Date of coming into force
Section 21(3)(e)	1st December 1993
Section 34(1)	1st December 1993
Section 35	1st December 1993
Section 73	1st December 1993

TABLE E

PROVISIONS 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 F

PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR NORTHERN IRELAND ONLY BY S.I. 1993/2734

Provision of the Act	Date of coming into force
Section 44	1st December 1993

(1)

1993 c. 36.

(2)

1989 c. 4.

(3)

1990 c. 5.

(4)

1991 c. 24.

(5)

1986 c. 32.

(6)

1988 c. 33.