The Criminal Justice (2003 Order) (Commencement No. 3) Order (Northern Ireland) 2006

Statutory Rules of Northern Ireland

2006 No. 451 (C. 27)

CRIMINAL PROCEDURE

The Criminal Justice (2003 Order) (Commencement No. 3) Order (Northern Ireland) 2006

Made

9th November 2006

The Secretary of State makes the following Order in exercise of the powers conferred by Article 1(3) of the Criminal Justice (Northern Ireland) Order 2003(1) (“the 2003 Order”).

Citation

1.  This Order may be cited as the Criminal Justice (2003 Order) (Commencement No. 3) Order (Northern Ireland) 2006.

Appointed Day

2.  The day appointed for the coming into operation of Article 31 of the 2003 Order is 13th November 2006.

Peter Hain

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

9th November 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 13th November 2006 Article 31 of the Criminal Justice (Northern Ireland) Order 2003. Under Article 31 a witness (other than the accused) who is outside the United Kingdom may, with the court’s permission, give evidence in certain criminal proceedings in Northern Ireland through a live audio-visual link. The provisions of Article 31 have been amended by Article 24 of the Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965 (N.I. 15)).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

1.  The following provisions of the 2003 Order were brought into operation on 13th June 2003 by the Criminal Justice (2003 Order) (Commencement No. 1) Order (Northern Ireland) 2003 (S.R. 2003 No. 307 (C.21)):

• Articles 3 to 6 (Bail);

• Articles 28 to 30 (Riotous behaviour); and

• Articles 36 and Schedules 1 and 2 (partially) (Minor and consequential amendments and repeals).

2.  The following provisions of the 2003 Order were brought into operation, on the dates shown, by the Criminal Justice (2003 Order) (Commencement No. 2) Order (Northern Ireland) 2003 (S.R. 2003 No. 352 (C. 27)):

• on 28th July 2003—

  • Articles 18 to 23 (Sexual offences);

  • Article 24 (Forfeiture of recognizances);

  • Article 25 (Amendment of summons before it is served);

  • Article 26 (Non-appearance of accused: plea of guilty);

  • Article 27 (Period of remand);

  • Article 33 (Adjournment where live television links used);

  • Article 34 (Payment for person appointed to cross-examine witness on behalf of accused);

  • Article 35 (Approval of costs of prosecution of certain criminal proceedings); and

  • Article 36 and Schedules 1 and 2 (partially) (Minor and consequential amendments and repeals);

• on 13th October 2003—

  • Article 32 (Disclosure of pre-sentence reports).

(1)

S.I. 2003/1247 (N.I. 13)