The Criminal Justice and Courts Act 2015 (Commencement No. 1, Saving and Transitional Provisions) Order 2015

Article 4

SCHEDULE 2 Saving and Transitional Provisions

1.  The amendments made by section 37 of the Act do not apply to possession of an image which occurs before 13th April 2015.

2.  The amendments made by section 63 of the Act do not apply where the judgment or order in respect of which the trial judge grants a certificate under section 12 of the Administration of Justice Act 1969(1) is given or made before 13th April 2015.

3.  No offence is committed—

(a) under section 20A, section 20B or section 20C of the Juries Act 1974(2) (as inserted by sections 71 to 73 of the Act), unless the member of the jury concerned has been sworn to try the issue in the case on or after 13th April 2015;

(b) under paragraph 5A, paragraph 5B or paragraph 5C of Schedule 6 to the Coroners and Justice Act 2009(3) (as inserted by paragraph 5 of Schedule 13 to the Act), unless the member of the jury concerned has been sworn to inquire into the case on or after 13th April 2015; and

(c) under paragraph 2, paragraph 3 or paragraph 4 of Schedule 2A to the Armed Forces Act 2006(4) (as inserted by paragraph 3 of Schedule 14 to the Act) unless the lay member of the Court Martial concerned has been sworn to try the case on or after 13th April 2015.

4.  The commencement of—

(a) section 74 of the Act has no effect in relation to anything done during the trial period (as defined in section 20A(5) of the Juries Act 1974(5)) by a member of a jury trying an issue in a case, where that person is sworn to try the issue before 13th April 2015;

(b) paragraph 6 of Schedule 13 to the Act has no effect in relation to anything done during the inquest period (as defined in paragraph 5A(5) of Schedule 6 to the Coroners and Justice Act 2009(6)) by a member of a jury inquiring into an issue in a case, where that person is sworn to inquire into the issue before 13th April 2015; and

(c) paragraph 3 of Schedule 14 to the Act, insofar as it inserts paragraphs 5 to 8 of Schedule 2A to the Armed Forces Act 2006, has no effect in relation to anything done during the trial period (as defined in paragraph 1(3) of Schedule 2A to the Armed Forces Act 2006(7)) by a lay member of the Court Martial trying a case where that person is sworn to try the case before 13th April 2015.

5.  The amendments made by sections 79 and 80(a) of, and paragraph 1 of Schedule 15 to, the Act do not apply to the inclusion of matter in a publication before 13th April 2015.

6.  The amendments made by sections 84(1) to (3) and 87 of the Act do not apply to an application for judicial review where the claim form was filed before 13th April 2015.

(1)

1969 c. 58. Section 12 was amended by the Constitutional Reform Act 2005 (c. 4) Schedule 9, paragraph 20; the Supreme Court Act 1981 (c. 54) Schedule 7; the Courts Act 1971 (c. 23) Schedule 11, Part 4; and the Judicature (Northern Ireland) Act 1978 (c. 23) Schedule 7, Part 1.

(2)

1974 c. 23.

(3)

2009 c. 25.

(4)

2006 c. 52.

(5)

Section 20A is inserted by section 71 of the Act.

(6)

Paragraph 5A is inserted by paragraph 5 of Schedule 13 to the Act.

(7)

Schedule 2A is inserted by paragraph 3 of Schedule 14 to the Act.