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Criminal Procedure and Investigations Act 1996
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Changes over time for: Section 28
Changes to legislation:
Criminal Procedure and Investigations Act 1996, Section 28 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(6) added by 1997 c. 39 s. 9(4)
- s. 5(1A) amendment to earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8 by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- s. 5(1A) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 8
- s. 5(1A) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
- s. 13(1)(ba)(b) substituted for s. 13(1)(b) by 2015 c. 9 (N.I.), Sch. 2 para. 8(2) (as inserted) by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 4 para. 4(f) and word added by S.I. 2003/1247 (N.I.) Sch. 1 para. 16
28 Introduction.E+W
(1)This Part applies in relation to an offence if—
(a)[F1on or after the appointed day the accused is sent for trial for the offence concerned,]
(b)[F2proceedings for the trial on the charge concerned are transferred to the Crown Court on or after the appointed day, or]
(c)a bill of indictment relating to the offence is preferred on or after the appointed day under the authority of section 2(2)(b) [F3or (ba)] of the M1Administration of Justice (Miscellaneous Provisions) Act 1933 (bill preferred by direction of Court of Appeal, or by direction or with consent of a judge).
(2)References in subsection (1) to the appointed day are to such day as is appointed for the purposes of this section by the Secretary of State by order.
(3)If an order under this section so provides, this Part applies only in relation to the Crown Court sitting at a place or places specified in the order.
(4)References in this Part to the prosecutor are to any person acting as prosecutor, whether an individual or a body.
Subordinate Legislation Made
P1S. 28(2) power wholly exercised (21.3.1997): 15.4.1997 appointed day by S.I. 1997/1019.
Textual Amendments
F1S. 28(1)(a) substituted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 66(6)(a); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3, 4)
F2S. 28(1)(b) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 66(6)(b), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)
F3Words in s. 28(1)(c) inserted (24.2.2014) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 17 para. 37(3) (with Sch. 17 para. 39); S.I. 2014/258, art. 2(b)
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