Statutory Instruments
defence
Made
30th October 2006
The Secretary of State, in exercise of the powers conferred upon him by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999(1), makes the following Order:
1. This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 12) Order 2006.
2. The following provisions of the Youth Justice and Criminal Evidence Act 1999 shall, in so far as they are not already in force, come into force on 6th December 2006:
(a)section 61(2) (power to modify Chapter 4 in its application to service courts);
(b)in Schedule 6 (repeals), the entries relating to—
(i)the Army Act 1955(2);
(ii)the Air Force Act 1955(3);
(iii)the Naval Discipline Act 1957(4);
(iv)the Courts-Martial (Appeals) Act 1968(5);
(v)the Armed Forces Act 1976(6);
(vi)the Armed Forces Act 1981(7);
(vii)the following provisions of the Criminal Justice Act 1988(8)—
(aa)section 32(1), (2), (3A) to (3E) and (6);
(bb)section 32A; and
(cc)paragraph 8 of Schedule 13;
(viii)paragraph 35(3) of Schedule 10 to the Criminal Justice and Public Order Act 1994(9);
and section 67(3) in so far as it relates to those entries.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006
(This note is not part of the Order)
This Order commences, for remaining purposes, section 61(2) of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the 1999 Act”), which provides that Chapter 4 of Part 2 of that Act shall have effect for the purposes of proceedings before a service court subject to any modifications which the Secretary of State may by order specify. Chapter 4 contains provisions allowing reporting restrictions to be imposed in certain proceedings involving vulnerable persons. Section 61(2) of the 1999 Act is already in force for the purpose only of the exercise of any power to make an order under it. Modifications to Chapter 4 for courts-martial and Standing Civilian Courts are contained, inter alia, in the Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 (S.I. 2006/2886) and the Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 (S.I. 2006/2888) (“the 2006 Orders”).
As at the date of this Order, sections 44 and 45 in Chapter 4 of the 1999 Act have not yet been commenced. This Order does not operate to commence sections 44 or 45 for service courts.
This Order also commences a number of repeals which are consequential upon the coming into force of the 2006 Orders.
The repeal of section 32(1)(b) and (2), (3A) to (3E) and (6) and section 32(A) of the Criminal Justice Act 1988 (c. 33) (which relate to giving evidence through television links and video recordings of testimony from child witnesses) was commenced by the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 7) Order 2002 (S.I. 2002/1739), but with a saving in so far as those sections are applied to proceedings before Service courts by the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 1996 (S.I. 1996/2592) (“the 1996 Order”). The 1996 Order is revoked by the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 2006 (S.I. 2006/2890) which contains saving provisions for Service courts in respect of section 32(1)(a) and (3), which allows a witness who is not in the country where the court is sitting to give evidence by live television link. The amendments to paragraph 8 of Schedule 13 are consequential on the amendments to section 32.
Similarly, the repeal of paragraph 35(3) of Schedule 10 of the Criminal Justice and Public Order Act 1994 (c. 33) was commenced by the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 5) Order 2000 (S.I. 2000/3075), but with a saving in relation to any trial by a court-martial. The effect of this Order is that this provision is now wholly repealed.
(This note is not part of the Order)
The following provisions of the Youth Justice and Criminal Evidence Act 1999 have been brought into force by Commencement Orders before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
Sections 1 to 15 (in so far as not already in force) and Schedule 1 | 26.06.2000 | 2000/1587 |
| Sections 16 to 27 | 24.07.2002 | 2002/1739 |
| Section 29 | 23.02.2004 | 2004/299 |
| Sections 30 to 33 | 24.07.2002 | 2002/1739 |
| Sections 34 and 35 | 04.09.2000 | 2000/2091 |
| Sections 36 and 37 | 24.07.2002 | 2002/1739 |
| Sections 38 to 40 | 04.09.2000 | 2000/2091 |
| Sections 41 to 43 | 04.12.2000 | 2000/3075 |
| Section 46 | 07.10.2004 07.10.2004 08.11.2004 | |
| Section 47 | 24.07.2002 07.10.2004 08.11.2004 | |
| Section 48 (partially) | 07.10.2004 08.11.2004 | |
| Sections 49 to 52 (in so far as they have effect for the purposes of sections 46 and 47) | 07.10.2004 07.10.2004 08.11.2004 | |
| Sections 53 to 57 | 24.07.2002 | 2002/1739 |
| Section 58 | 01.04.2003 | 2003/707 |
| Sections 59 (as to England, Wales and Northern Ireland) and 60 | 14.04.2000 | 2000/1034 |
| Section 67(1) and Schedule 4 (partially) | 14.04.2000 26.06.2000 24.07.2002 | |
| Section 67(2) and Schedule 5 | 01.01.2000 | 1999/3427 |
| Section 67(3) (partially) and Schedule 6 (partially) | 01.04.2000 14.04.2000 04.09.2000 04.12.2000 24.07.2002 07.10.2004 07.10.2004 08.11.2004 | |
| Section 67(4) (partially) and Schedule 7 (partially) | 26.06.2000 04.09.2000 04.12.2000 24.07.2002 01.04.2003 07.10.2004 07.10.2004 08.11.2004 | |
| Schedule 2 (partially) | 07.10.2004 07.10.2004 |