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Scottish Statutory Instruments

2004 No. 240 (C. 16)

CRIMINAL LAW

The Criminal Justice (Scotland) Act 2003 (Commencement No. 4) Order 2004

Made

20th May 2004

The Scottish Ministers, in exercise of the powers conferred on them by section 89(2) and (3) of the Criminal Justice (Scotland) Act 2003(1), hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 4) Order 2004.

2.—(1) Section 21(9)(2) and (10) of the Criminal Justice (Scotland) Act 2003 shall come into force on 10th June 2004.

(2) Section 75 of the Criminal Justice (Scotland) Act 2003 shall come into force on 25th June 2004.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

20th May 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 10th June 2004 section 21(9) and (10) of the Criminal Justice (Scotland) Act 2003 and on 25th June 2004, section 75 of that Act.

Section 21(9) and (10) amends section 201 of the Criminal Procedure (Scotland) Act 1995 so as to give the court power to adjourn cases for the purpose of enabling inquiries to be made, for six weeks in relation to cases to which section 21 applies. At present section 201 permits adjournment for four weeks.

Section 75 re-introduces the ranks of deputy chief constable and chief superintendent to police forces in Scotland.

Sections 77, 84, 87 and 88 and schedule 3 were commenced on Royal Assent on 26th March 2003. Section 86 and schedule 5 were also commenced on Royal Assent insofar as relating to the Wildlife and Countryside Act 1981.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Sections 2(b), 3, 19, 20, 22 to 25, 27 to 29, 31, 33 to 38, 39, 42, 43 to 50, 52 to 59, 61 to 69, 70(1), (3), (4) and (7), 71 to 74, 76, 78 to 82, 85 (partially) and 86, Schedule 2, Schedule 4, paragraphs 1, 2, 3(1) and (3) and 5 and Schedule 527th June 2003S.S.I. 2003/288
Sections 51 and 6027th October 2003S.S.I. 2003/475
Section 21(1) to (8) and (11) (partially)3rd November 2003S.S.I. 2003/475
Sections 14, 15 and 18, section 85 (partially), Schedule 4, paragraph 325th November 2003S.S.I. 2003/475
Sections 26 and 301st December 2003S.S.I. 2003/475
Sections 4 to 6, 11 to 131st January 2004S.S.I. 2003/475
Section 4012th January 2004S.S.I. 2003/475
(2)

Section 21(9) was amended by paragraph 49 of Schedule 6 to the Sexual Offences Act 2003 (c. 42).