2020 No. 478 (C. 21)

Criminal Law, England And Wales

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 14) Order 2020

Made

The Secretary of State, in exercise of the powers conferred by section 77(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121, makes the following Order. In accordance with section 77(10) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with section 77(2) of that Act, the Secretary of State has previously made a piloting order2.

Citation1

This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 14) Order 2020.

Commencement2

Section 76 (Alcohol abstinence and monitoring requirement) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force on the 21st day after the day on which this Order is made.

Kit MalthouseMinister of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the fourteenth commencement order made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the 2012 Act”).

Article 2 brings into force section 76 of the Act, which inserts section 212A into the Criminal Justice Act 2003 (c. 44)3. This provides that an alcohol abstinence and monitoring requirement can be imposed as part of a requirement of a community order or a suspended sentence order.

Section 77(2) of the 2012 Act provides that an order for the purposes of bringing section 76 into effect for the whole of England and Wales cannot be made until a piloting order has been made. That pre-condition has been met by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order (S.I. 2014/1777) and subsequent piloting orders.

A full impact assessment of the effect section 212A of the Criminal Justice Act 2003 will have on the private, voluntary or public sectors is available from www.legislation.gov.uk.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I. No.

Sections 1 to 18

1st April 2013

2013/453

Section 19 (except as to subsection (4))

1st April 2013

2013/453

Sections 20 to 37

1st April 2013

2013/453

Section 38 (except subsection (2))

1st April 2013

2013/453

Section 38(2)

4th March 2013

2013/453

Sections 39 to 43

1st April 2013

2013/453

Section 44 (for the purposes of making orders, regulations or rules of court)

19th January 2013

2013/77

Section 44 (insofar as not already in force subject to savings)

1st April 2013

2013/77

Section 44 (in relation to insolvency proceedings)

6th April 2016

2016/345

Section 44 (in relation to publication and privacy proceedings)

6th April 2019

2018/1287

Section 45(1) and (8)

1st October 2012

2012/2412

Section 45 (insofar as not already in force for the purposes of making other regulations or rules of court)

19th January 2013

2013/77

Section 45 (insofar as not already in force)

1st April 2013

2013/77

Section 46 (for the purposes of making regulations or rules of court)

19th January 2013

2013/77

Section 46 (insofar as not already in force, subject to savings)

1st April 2013

2013/77

Section 46 (in relation to insolvency proceedings)

6th April 2016

2016/345

Section 47

1st April 2013

2013/77

Section 48

19th January 2013

2013/77

Sections 49 to 54

1st April 2013

2013/453

Section 55

1st October 2012

2012/2412

Sections 56 and 57

1st April 2013

2013/453

Section 58

4th March 2013

2013/453

Section 59

1st April 2013

2013/453

Section 60

4th March 2013

2013/453

Sections 61 and 62

1st October 2012

2012/2412

Sections 63 to 66

3rd December 2012

2012/2906

Section 67 (except subsections (2)(a) and (5)(a)

3rd December 2012

2012/2906

Sections 68 to 75

3rd December 2012

2012/2906

Section 78 (except subsection (3))

3rd December 2012

2012/2906

Sections 79 to 84

3rd December 2012

2012/2906

Section 85 (except subsections (1), (2), (4) and (14))

28th May 2014

2014/1291

Section 85 (insofar as not already in force, except subsection (14))

12th March 2015

2015/504

Sections 86 and 87

28th May 2014

2014/1291

Section 88

8th April 2013

2013/453

Sections 89 to 118

3rd December 2012

2012/2906

Sections 120 to 128

3rd December 2012

2012/2906

Sections 130 and 131

3rd December 2012

2012/2906

Sections 132 to 138

8th April 2013

2013/453

Section 139

10th March 2014

2014/423

Section 140

1st October 2012

2012/2412

Section 141(7) to (9) and (12)

1st October 2012

2012/2412

Section 141 (so far as not previously in force)

10th March 2014

2014/423

Sections 142 and 143

3rd December 2012

2012/2770

Section 144

1st September 2012

2012/1956

Sections 145 to 147

3rd December 2012

2012/2770

Section 148

14th May 2013

2013/1127

Schedules 1 to 3

1st April 2013

2013/453

Schedule 4

4th March 2013

2013/453

Schedule 5 and 6

1st April 2013

2013/453

Schedule 7 and 8

1st October 2012

2012/2412

Schedules 9 to 22

3rd December 2012

2012/2906

Schedules 23 and 24

8th April 2013

2013/453

Schedule 25 (except paragraph 4)

10th March 2014

2014/423

Schedule 26 and 27

3rd December 2012

2012/2770