The Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) Order 2012

Provisions coming into force on 5th November 2012 in certain local justice areas and the Crown Court for certain purposes

2.—(1) The following provisions of the Criminal Justice Act 2003 come into force on 5th November 2012 in relation to the relevant local justice areas—

(a) section 41 (allocation of offences triable either way, and sending cases to Crown Court), so far as it relates to the provisions specified in sub-paragraph (c);

(b) section 332 (repeals), so far as it relates to the provisions specified in sub-paragraph (d);

(c) Schedule 3(1) (allocation of cases triable either way, and sending cases to the Crown Court etc), so far as it is not already in force, other than—

(i) paragraph 19(1) (restrictions on reporting of allocation or sending proceedings), so far as it would insert section 52B(4) of the 1998 Act;

(ii) paragraph 19(2)(b);

(iii) paragraph 57(2) (amendment of section 7A of the Prosecution of Offences Act 1985(2));

(iv) paragraph 66(4), so far as it would omit paragraph (a) of the modified section 3(8) of the 1996 Act (initial duty of prosecutor to disclose);

(v) paragraphs 70 and 71(d) (extending to Northern Ireland reporting restrictions for applications for dismissal);

(d) Part 4 of Schedule 37(3) (repeals), so far as it is not already in force, other than the entry relating to paragraph (a) of the modified section 3(8) of the 1996 Act.

(2) The relevant local justice areas are specified in the Schedule.

(3) The provisions specified in paragraph (1) are also to come into force on 5th November 2012 in relation to the Crown Court where it deals with—

(a) a person sent for trial by a magistrates’ court in a relevant local justice area;

(b) a person committed for sentence by a magistrates’ court in a relevant local justice area.

(4) In this article “the 1996 Act” means the Criminal Procedure and Investigations Act 1996(4).

(1)

Schedule 3 to the Criminal Justice Act 2003 (c. 44) was amended by the Constitutional Reform Act 2005 (c. 4), section 59(5) and Schedule 11, paragraph 1(2), the Armed Forces Act 2006 (c. 52), section 378(2) and Schedule 17, and the Criminal Justice and Immigration Act 2008 (c. 4), sections 53 and 149 and Schedules 13 and 28. Provisions substituted or inserted by Schedule 3 to the Criminal Justice Act 2003 have also been amended: section 19 of the Magistrates’ Courts Act 1980 (c. 43) is amended by the Armed Forces Act 2006, section 378(1) and Schedule 16, paragraph 88 and the Coroners and Justice Act 2009 (c. 25), section 177(1) and Schedule 21, paragraph 80; section 51A of the Crime and Disorder Act 1998 (c. 37) is amended by the Violent Crime Reduction Act 2006 (c. 38), sections 49 and 65 and Schedule 1, paragraph 5 and Schedule 5; section 51B of the Crime and Disorder Act 1998 is amended by the Commissioners for Revenue and Customs Act 2005 (c. 11), section 50(6) and Schedule 4, paragraph 69; paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 is amended by the Armed Forces Act 2006, section 378(1) and Schedule 16, paragraph 155 and the Coroners and Justice Act 2009, section 177(1) and Schedule 21, paragraph 81.

(2)

1985 c. 23.

(3)

Part 4 of Schedule 37 was amended by the Criminal Justice and Immigration Act 2008 (c. 4), sections 148(1) and 149 and Schedule 26, paragraphs 59 and 77 and Schedule 28.

(4)

1996 c. 25.