Statutory Instruments
criminal law, england and wales
Made
1st October 2007
The Secretary of State makes the following Order in exercise of the powers conferred by section 336(3) of the Criminal Justice Act 2003(1):
1.—(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No.17) Order 2007.
(2) In this Order “the 2003 Act” means the Criminal Justice Act 2003.
2.—(1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 1st October 2007.
(2) The provisions are—
(a)section 28 (charging or release of persons in police detention) in so far as it relates to the provisions referred to in paragraph (3); and
(b)section 331 (further minor and consequential amendments) in so far as it relates to the provisions referred to in paragraph (4).
(3) Paragraph 3 of Schedule 2 (charging or release of persons in police detention) in so far as it inserts new section 37B(8) of the Police and Criminal Evidence Act 1984(2).
(4) Paragraphs 6 (Criminal Law Act 1977 c.45), 10 (Prosecution of Offences Act 1985 c.23) and 15 (Proceeds of Crime Act 2002 c.29) of Part 2 (charging etc) of Schedule 36 (further minor and consequential amendments).
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
1st October 2007
(This note is not part of the Order)
This Order brings into force in England and Wales on 1st October 2007 sections 28 and 331 of the Criminal Justice Act 2003 (“the 2003 Act”) in so far as those sections relate to the provisions of the 2003 Act in article 2(3) and (4) respectively.
Article 2(3) relates to Schedule 2 of the 2003 Act in so far as it inserts new section 37B(8) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”). Section 37B of the 1984 Act provides for consultation with the Director of Public Prosecutions as to whether there is sufficient evidence to charge a person with an offence, following the release of that person on bail. Sub-section (8) provides for the person to be charged for an offence either in police detention at a police station or by written charge in accordance with section 29 of the 2003 Act.
Article 2(4) relates to paragraphs 6, 10 and 15 of Part 2 of Schedule 36 of the 2003 Act. Paragraph 6 amends section 39 of the Criminal Law Act 1977 to provide that a written charge (charging a person with an offence) and requisition (requiring a person charged with an offence to appear before a court in England or Wales), within the meaning of section 29 of 2003 Act, can be served throughout United Kingdom. Paragraph 10 amends the Prosecution of Offences Act 1985 to provide that the provisions of Part 1, concerning the constitution and functions of the Crown Prosecution Service, apply to proceedings instituted when a public prosecutor issues a written charge and requisition in accordance with section 29 of the 2003 Act. Paragraph 15 amends section 85 of the Proceeds of Crime Act 2002 to provide that proceedings for an offence, for the purposes of that Act, are started when a public prosecutor issues a written charge and requisition in respect of the offence in accordance with section 29 of the 2003 Act.
Section 29 of the 2003 Act was brought into force in England and Wales by the Criminal Justice Act 2003 (Commencement No.16) Order 2007 on 25th July 2007 for the purposes of criminal proceedings instituted by specified persons in a magistrates’ court sitting in specified locations.
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1, 2, 4, 6 to 8, 11 and 12 and Schedule 1 (amendments of Police and Criminal Evidence Act 1984) | 20.1.2004 | 2004/81 |
| Section 3 (arrestable offences) | 29.1.2004 | 2004/81 |
| Section 5 (partially)(drug testing for under-eighteens); | 1.8.2004 | 2004/1867 |
| Section 5 to the extent not already in force | 1.12.2005 | 2005/3055 |
| Section 9 (taking fingerprints without consent) | 5.4.2004 | 2004/829 |
| Section 10 (taking non-intimate samples without consent) | 5.4.2004 | 2004/829 |
| Sections 13, 15(3), 16, 17, 18, 19 to 21 (bail) | 5.4.2004 | 2004/829 |
| 4.4.2005 | 2005/950 | |
Sections 14 (offences committed while on bail) and 15(1) and (2) (failure to surrender by persons released on bail) for the purposes only of any offence) (partially) and paragraph 3 of Schedule 36 (minor and consequential). Sections 22 to 24 (conditional cautions) | 3.7.2004 1.1.2007 | |
| Section 25 (conditional cautions, code of practice) | 29.1.2004 | 2004/81 |
| Sections 26 and 27 (partially)(conditional cautions) | 3.7.2004 | 2004/1629 |
| Section 28 and Schedule 2 (partially) and | 29.1.2004 | 2004/81 |
| section 31 (charging etc) | 3.7.2004 | 2004/1629 |
| Section 29(1) to (3), (5) and (6) (new method of instituting proceedings) (partially) and 30 (further provision about the new method) (partially) | 25.7.2007 | 2007/1999 |
| Sections 32, 33(2), 36 to 38 and 39 (disclosure) | 4.4.2005 | 2005/950 |
| 15.7.2005 | 2005/1817 | |
| Section 33(1) (partially) | 24.7.2006 | 2006/1835 |
| Section 40 (code of practice for police interviews of witnesses notified by accused) | 5.4.2004 | 2004/829 |
| Section 41 (allocation of offences triable either way)(partially) and Schedule 3 (partially) | 4.4.2005 | 2005/950 |
| 9.5.2005 | 2005/1267 | |
| Section 42 (mode of trial for certain firearms offences: transitory arrangements) | 22.1.2004 | 2004/81 |
| Section 44 (jury tampering), 45 (procedure for applications), 46 (discharge of jury because of jury tampering), 47 (appeals), 48 (partially) | 24.7.2006 | 2006/1835 |
| Section 49 (rules of court) | 29.1.2004 | 2004/81 |
Section 50 (partially) Section 55 (rules of court) | 8.1.2007 9.1.2004 | |
| Sections 57 to 61, 67 to 74 (prosecution | 29.1.2004 | 2004/81 |
| appeals) | 4.4.2005 | 2005/950 |
| Sections 75 to 96 and Schedule 5 (retrial for | 29.1.2004 | 2004/81 |
| serious offences) | 18.4.2005 | |
| Section 97 (application of Criminal Appeal Acts) | 7.3.2005 | 2005/373 |
| Sections 98 to 113 and Schedule 6 (evidence of | 29.1.2004 | 2004/81 |
| bad character) | 15.12.2004 1.1.2005 | 2004/3033 |
| Sections 114 to 136 (hearsay evidence) and | 29.1.2004 | 2004/81 |
| Schedule 7 (hearsay evidence: armed forces) | 4.4.2005 | 2005/950 |
| Section 139 to 141 (use of documents to refresh memory) | 5.4.2004 | 2004/829 |
| Sections 142 to 150, 152, 153, 156 to 160; 162 | 7.3.2005 | 2005/373 |
| to 166 | 4.4.2005 | 2005/950 |
| Sections 167 and 168 (partially) and 169 to 173 (sentencing and allocation guidelines) | 27.2.2004 | 2004/81 |
| Section 174 (duty to give reasons for, and | 5.4.2004 | 2004/829 |
| explain effect of, sentence) | 4.4.2005 | 2005/950 |
| Section 175 (duty to publish information about sentencing) | 4.4.2005 | 2005/950 |
| Section 176 (interpretation of Chapter1) | 5.4.2004 | 2004/829 |
| Sections 177, 179 and 180 (community orders) | 4.4.2005 | 2005/950 |
| and Schedule 8 (breach, revocation or amendment of community order) and Schedule 9 (transfer of community orders to Scotland or Northern Ireland)(all partially and subsequently all for remaining purposes) | 4.4.2007 | 2005/950 |
| Section 178 (power to provide for court review of community orders) | 7.3.2005 | 2005/373 |
| Sections 182 to 187 and Schedule 10 (prison sentences of less than 12 months)(all partially) | 26.1.2004 | 2003/3282 |
| Sections 189 to 194 (suspended sentences); | 4.4.2005 | 2005/950 |
| Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) and Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland). | ||
| Sections 195, 196 (partially), 197 to 203, 204 | 26.1.2004 | 2003/3282 |
| (partially), 205 to 212, 213 (partially), 214, | 7.3.2005 | 2005/373 |
| 215, 216 (partially), 217 to 220 and Schedule 14, and sections 221 to 223 (further provisions about orders under Chapters 2 and 3). | 4.4.2005 | 2005/950 |
| Sections 224 to 236 (dangerous offenders); | 4.4.2005 | 2005/950 |
| Schedule 15 (specified offences for the purposes of Chapter 5 of Part 12); Schedule 16 (Scottish offences specified for the purposes of section 229(4)); Schedule 17 (Northern Ireland offences specified for the purposes of section 229(4)) and Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) | ||
| Sections 237 to 243 (release on licence: | 26.1.2004 | 2003/3282 |
| preliminary), 244 (partially) and 245 to 249, | 7.3.2005 | 2005/373 |
| 250 to 251 (partially), 252 to 256, 257 | 4.4.2005 | 2005/950 |
| (partially), 258 to 261, 263, 264 (partially), | ||
| 265, 267 to 268 (release on licence) and Schedule 19 (parole board: supplementary provisions) | ||
| Section 262 and Schedule 20 (prisoners liable to removal from the United Kingdom: modifications of Criminal Justice Act 1991) | 14.6.2004 | 2004/829 |
| Section 278 and Schedule 23 (deferment of sentence) | 4.4.2005 | 2005/950 |
| Section 279 and Schedule 24 (drug treatment | 1.12.2004 | 2004/3033 |
| and testing requirement in action plan order or supervision order)(partially) | ||
| Section 284 and Schedule 28 (increase in penalties for drug-related offences) | 29.1.2004 | 2004/81 |
| Section 285 (increase in penalties for certain driving-related offences) | 27.2.2004 | 2004/81 |
| Section 286 (increase in penalties for offences under section 174 of the Road Traffic Act 1988) | 29.1.2004 | 2004/81 |
| Sections 287 to 293 (firearms offences) and Schedule 29 (sentencing for firearms offences in Northern Ireland) | 22.1.2004 | 2004/81 |
| Sections 294 to 297 (offenders transferred to mental hospital) | 20.1.2004 | 2004/81 |
| Section 299 and Schedule 30 (disqualification from working with children) | 1.5.2004 | 2004/829 |
| Section 300 and Schedule 31 (default orders)(partially) | 7.3.2005 | 2005/373 |
| Section 301 (fine defaulters: driving disqualification)(partially) | 7.3.2005 | 2005/373 |
| Section 302 (execution of process between | 26.1.2004 | 2003/3282 |
| England and Wales and Scotland) | 4.4.2005 | 2005/950 |
| Section 303 (sentencing: repeals)(partially) | 4.4.2005 | 2005/950 |
| Section 304 and Schedule 32 (amendments | 26.1.2004 | 2003/3282 |
| relating to sentencing)(partially) | 22.1.2004 | 2004/81 |
| 4.4.2005 | 2005/950 | |
| Section 305 (interpretation of Part 12) | 26.1.2004 | 2003/3282 |
| 4.4.2005 | 2005/950 | |
| Section 306 (detention of suspected terrorists) | 20.1.2004 | 2004/81 |
| Section 307 (enforcement of regulations) | 21.7.2005 | 2005/1817 |
| Sections 308 to 312 (miscellaneous provisions about criminal proceedings) | 4.4.2005 | 2005/950 |
| Sections 313 and 314 (extension of investigations by Criminal Cases Review Commission in England and Wales and Northern Ireland) | 1.9.2004 | 2004/1629 |
| Section 315 (appeals following reference by the Criminal Cases Review Commission) | 4.4.2005 | 2005/950 |
| Sections 316 and 317 (power to substitute conviction of alternative offence on appeal in England and Wales and Northern Ireland) | 1.9.2004 | 2004/1629 |
| Section 318 (substitution of conviction on different charge on appeal from court-martial) | 1.9.2004 | 2004/1629 |
| Section 319 (appeals against sentence in England and Wales) | 4.4.2005 | 2005/950 |
| Section 320 (offence of outraging public decency triable either way) | 20.1.2004 | 2004/81 |
| Section 321 and Schedule 33 (jury service) | 5.4.2004 | 2004/829 |
| Sections 322 and 323 (individual support orders) | 1.5.2004 | 2004/829 |
| Section 324 and Schedule 34 (parenting orders and referral orders) | 27.2.2004 | 2004/81 |
| Sections 325 to 327 (arrangements for assessing etc risks posed by sexual or violent offenders) | 5.4.2004 | 2004/829 |
| Section 328 and Schedule 35 (criminal record certificates: amendments of Part 5 of the Police Act 1997)(partially) | 29.1.2004 14.3.2006 | |
| Section 329 (civil proceedings brought by offenders) | 20.1.2004 | 2004/81 |
| Section 331 and Schedule 36 (further minor | 5.4.2004 | 2004/829 |
| and consequential amendments)(partially) | 1.9.2004 | 2004/1629 |
| 15.12.2004 | 2004/3033 | |
| 1.1.2005 | ||
| 4.4.2005 | 2005/950 | |
| 15.7.2005 | 2005/1817 | |
24.7.2006 8.1.2007 | ||
| Section 332 and Schedule 37 (repeals) | 20.1.2004, | 2004/81 |
| (partially) | 29.1.2004, | |
| 27.2.2004 | ||
| 5.4.2004 | 2004/829 | |
| 15.12.2004 | 2004/3033 | |
| 4.4.2005 | 2005/950 | |
15.7.2005 14.3.2006 | ||
| Section 333 and Schedule 38 (supplementary | 27.2.2004 | 2004/81 |
| and consequential provision, etc.)(partially) | 4.4.2005 | 2005/950 |