The Criminal Justice and Public Order Act 1994 (Commencement No. 12 and Transitional Provision) Order 1998

Statutory Instruments

1998 No. 277 (C. 5)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice and Public Order Act 1994 (Commencement No. 12 and Transitional Provision) Order 1998

Made

9th February 1998

In exercise of the power conferred upon him by section 172(2) and (3) of the Criminal Justice and Public Order Act 1994(1), the Secretary of State hereby makes the following Order:

1.  This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 12 and Transitional Provision) Order 1998.

2.  In this Order, “the 1994 Act” means the Criminal Justice and Public Order Act 1994.

3.—(1) Subject to article 4 below, sections 1 to 4 of the 1994 Act (secure training orders) shall come into force on 1st March 1998.

(2) Section 168(2) of and Schedule 10 to the 1994 Act, so far as not already in force, shall come into force on that date.

(3) Section 168(3) of the 1994 Act shall, so far as it is not already in force, come into force on that date to the extent necessary to bring into force on that date the following entries in Schedule 11 to the 1994 Act:

1952 c. 52Prison Act 1952In section 43(1), the word “and” at the end of paragraph (b).
1967 c. 80Criminal Justice Act 1967In section 67(5), the word “and” at the end of paragraph (a).
1982 c. 48Criminal Justice Act 1982In Schedule 14, paragraph 8.

4.  Section 1 of the 1994 Act (power to make a secure training order) shall not have effect where the offence referred to in subsection (1)(a) of that section was committed before 1st March 1998.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

9th February 1998

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st March 1998 sections 1 to 4 of the Criminal Justice and Public Order Act 1994 (which relate to secure training orders) and associated amendments and repeals in Schedules 10 and 11 to that Act.

By virtue of article 4 of the Order, the power to make a secure training order conferred by section 1 of the 1994 Act does not apply where the offence for which an offender is to be dealt with by the court was committed before that date.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionsDate of CommencementS.I. No.
Section 159(1), (2) and (4)19.12.19941994/2935
Sections 16, 151 and 168 (partially); and Schedules 9, 10 and 11 (all partially only)9.1.19951994/3192
Section 5211.1.19951994/3258
Section 532.2.19951995/24
Sections 17, 18, 23, 24, 31 to 33, 40 to 43, 46 to 51, 64(1) to (3) (partially), 66(6) and (10) to (13), 67(3) to (5), (8) and (9), 72 to 74, 84 to 87, 88, 91, 92, 102 to 117 and Schedule 6, sections 129 to 133, 134 (partially), 135 to 141, 152 to 155, 157 and Schedule 8, sections 160 to 164, 168 (partially), 169, 170 and Schedules 9, 10 and 11 (all partially only)3.2.19951995/127
Section 1341.6.19951995/127
Sections 25 to 30 and Schedule 3, sections 34 to 39, 54 to 59, 60, 62, 64(4), (5) and (6), 66(1) to (5) and (7) to (9), 67(1), (2), (6) and (7), 118 to 125 and Schedule 7, section 156 and section 168 (partially) and Schedules 9, 10 and 11 (all partially only)10.4.19951995/721
Section 1930.5.19951995/1378
Sections 75 and 76 and Schedule 10 (partially)24.8.19951995/1957
Section 45, section 168 (partially), Schedule 5 and Schedules 10 and 11 (both partially)4.9.19951995/1957
Section 891.11.19951995/1957
Section 228.3.19961996/625
Section 149 and Schedule 10 (partially)1.7.19961996/1608
Section 158(2), (5), (6), (7) and (8) and section 159(5)1.4.19971997/882