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Statutory Instruments

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

11th January 1995

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. 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 1991(2),

this Order extends to Northern Ireland only.

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Home Office

11th January 1995

Article 2

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

Provisions of the ActSubject matter of provisions
Section 24(12) to (15)Miscellaneous amendments
Section 27Confiscation orders
Section 28Postponed determinations
Section 36Confiscation orders
Section 37Revised assessments
Section 38Statements, etc. relevant to making confiscation orders
Section 39Provision of information
Section 40Variation of confiscation orders
Section 41Availability of powers and satisfaction of orders
Section 42Defendant who has died or absconded
Section 43Compensation
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 1991Repeals and Revocations

Explanatory Note

(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.

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), 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 A

PROVISIONS 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 ActDate of coming into force
Section 1615th February 1994
Section 181st 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 6520th September 1993
Section 6616th August 1993
Section 6716th August 1993
Section 7415th February 1994
Section 79(14) (partially)20th September 1993
Schedule 320th 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 B

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

Provision of the ActDate of coming into force
Section 1715th February 1994
Section 191st 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 3315th February 1994
Section 67(1)16th August 1993
Schedule 4 (partially)1st April 1994
Schedule 5 (partially)15th February 1994

TABLE C

PROVISIONS 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 ActDate of coming into force
Section 21(1)1st December 1993
Section 21(3)(h)1st December 1993
Section 231st December 1993
Section 451st December 1993
Section 461st December 1993
Section 4715th February 1994
Section 481st April 1994
Section 4915th February 1994
Section 501st April 1994
Section 511st April 1994
Section 521st March 1994
Section 531st March 1994
Section 541st March 1994
Section 551st March 1994
Section 561st March 1994
Section 571st March 1994
Section 581st March 1994
Section 591st March 1994
Section 601st March 1994
Section 611st March 1994
Section 621st March 1994
Section 631st March 1994
Section 641st March 1994
Section 771st April 1994
Section 7815th 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 11st March 1994
Schedule 21st 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 D

PROVISIONS 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 ActDate of coming into force
Section 21(3)(e)1st December 1993
Section 2915th February 1994
Section 3015th February 1994
Section 3115th February 1994
Section 321st April 1994
Section 34(1)1st December 1993
Section 351st December 1993
Section 731st 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 E

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

Provision of the ActDate 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, 1994/71, 1994/242 and 1994/700.

Provision of the ActDate of coming into force
Section 441st December 1993
Schedule 5 (partially)1st March 1994 and 1st April 1994
Schedule 6 (partially)15th February 1994 and 1st March 1994

TABLE G

PROVISIONS 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 ActDate of coming into force
Section 7222 August 1994