Citation, extent and interpretation

1.-(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012.

(2) This Order does not extend to Northern Ireland.

(3) In this Order-

"the 1980 Act" means the Magistrates' Courts Act 1980(2);

"the 1996 Act" means the Criminal Procedure and Investigations Act 1996(3);

"the 1998 Act" means the Crime and Disorder Act 1998(4);

"the 2003 Act" means the Criminal Justice Act 2003.

Provisions coming into force on the day after the day on which this Order is made

2. The following provisions of the 2003 Act come into force on the day after the day on which this Order is made-

(a)section 41 (allocation of offences triable either way, and sending cases to Crown Court), so far as it relates to the provisions specified in sub-paragraph (b);

(b)in Schedule 3 (allocation of cases triable either way, and sending cases to the Crown Court etc)-

(i)paragraph 15 (amendments to the 1998 Act);

(ii)paragraph 20(1) and (2) (regulations relating to service of prosecution evidence where persons are sent for trial).

Provisions coming into force on 18th June 2012

3. The following provisions of the 2003 Act come into force on 18th June 2012-

(a)section 41, so far as it relates to the provisions specified in sub-paragraph (d);

(b)section 331 (further minor and consequential amendments), so far as it relates to paragraph 4 of Schedule 36 to the 2003 Act (minor and consequential amendments relating to bail);

(c)section 332 (repeals), so far as it relates to the provisions specified in sub-paragraph (f);

(d)in Schedule 3-

(i)paragraph 1 (amendments to the 1980 Act);

(ii)paragraph 14 (repealing restriction on justices sitting after dealing with bail);

(iii)paragraph 19(1) and (2)(a) (restrictions on reporting of allocation or sending proceedings), except so far as paragraph 19(1) would insert section 52B(4) of the 1998 Act;

(iv)paragraph 53 (reports of proceedings which are to be treated as published contemporaneously);

(e)in Schedule 36, paragraph 4;

(f)in Schedule 37 (repeals)-

(i)in Part 2, the entry relating to the Senior Courts Act 1981(5);

(ii)in Part 4, the entry relating to section 42 of the 1980 Act.

Provisions coming into force on 18th June 2012 in certain local justice areas and the Crown Court for certain purposes

4.-(1) The following provisions of the 2003 Act come into force on 18th June 2012 in relation to the relevant local justice areas-

(a)section 41, so far as it relates to the provisions specified in sub-paragraph (c);

(b)section 332, so far as it relates to the provisions specified in sub-paragraph (d);

(c)Schedule 3(6), so far as it is not already in force, other than-

(i)paragraph 19(1), so far as it would insert section 52B(4) of the 1998 Act;

(ii)paragraph 19(2)(b);

(iii)paragraph 57(2) (amendment of section 7A of the Prosecution of Offences Act 1985(7));

(iv)paragraph 66(4), so far as it would omit paragraph (a) of the modified section 3(8) of the 1996 Act (initial duty of prosecutor to disclose);

(v)paragraphs 70 and 71(d) (extending to Northern Ireland reporting restrictions for applications for dismissal);

(d)Part 4 of Schedule 37(8), so far as it is not already in force, other than the entry relating to paragraph (a) of the modified section 3(8) of the 1996 Act.

(2) The relevant local justice areas are: Bath and Wansdyke; Berkshire; Bristol; Liverpool and Knowsley; North Avon; North Hampshire; North Somerset; Ormskirk; Sefton; St Helens; Wigan and Leigh; and Wirral.

(3) The provisions specified in paragraph (1) are also to come into force on 18th June 2012 in relation to the Crown Court where it deals with-

(a)a person sent for trial by a magistrates' court in a relevant local justice area;

(b)a person committed for sentence by a magistrates' court in a relevant local justice area.

Saving provisions relating to article 4

5.-(1) The amendments coming into force by virtue of article 4 are to have no effect in relation to an offence ("the relevant offence") if condition 1 or 2 is satisfied in respect of that offence.

(2) Condition 1 is satisfied if a person first appeared in respect of the relevant offence before 18th June 2012.

(3) Condition 2 is satisfied if-

(a)a person first appears in respect of the relevant offence on or after 18th June 2012,

(b)the relevant offence is related to an offence which is triable only on indictment ("the indictable-only offence"), and

(c)the person who is charged with the indictable-only offence first appeared in respect of that offence before 18th June 2012.

(4) For the purposes of this article-

(a)a person ("A") first appears in respect of an offence where A appears or is brought before a magistrates' court for the first time in the proceedings in respect of which A is charged with the offence;

(b)a relevant offence is related to an indictable-only offence if, were a magistrates' court to apply section 51 of the 1998 Act as it was in force immediately before 18th June 2012, that court would be required to send the person charged with the relevant offence to the Crown Court for trial for that offence, or could have done so.

Other saving provisions

6.-(1) The amendments to paragraph 1 of Schedule 3 to the 1998 Act (regulations)(9), coming into force by virtue of article 2, do not affect the power to make regulations under that paragraph in relation to a person sent for trial under section 51 of the 1998 Act before the substitution of that section made by the 2003 Act is fully in force in relation to the whole of England and Wales.

(2) The amendment substituting section 4(3)(b) of the Contempt of Court Act 1981(10), coming into force by virtue of article 3(d)(iv), is to have no effect in the case of a report of committal proceedings.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Criminal Justice Act 2003 (c. 44) ("the 2003 Act").

Article 2 brings into force provisions of the 2003 Act on the day after the day on which the Order is made. These provisions relate to the Attorney General's power to make regulations under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) ("the 1998 Act") on the service of prosecution evidence where persons are sent for trial.

Article 3 brings into force provisions of the 2003 Act on 18th June 2012. These provisions-

• repeal the restriction on justices of the peace sitting after dealing with bail (see paragraph 14 of Schedule 3 to the 2003 Act);

• set out reporting restrictions concerning allocation or sending proceedings (see paragraphs 19 and 53 of Schedule 3 to the 2003 Act);

• make minor and consequential amendments relating to bail (see paragraph 4 of Schedule 36 to the 2003 Act).

Article 4 brings into force most of the remaining paragraphs in Schedule 3 to the 2003 Act on 18th June 2012 in relation to certain local justice areas and the Crown Court for certain purposes. These paragraphs in particular-

• amend the provisions by which a magistrates' court decides on the mode of trial for adults charged with an offence which is triable either on indictment or summarily ("either-way offences") (paragraphs 5 to 8);

• modify the provisions by which children and young persons are ordinarily tried summarily for an offence which is triable on indictment, subject to certain exceptions (paragraph 9);

• introduce provisions by which children and young persons may indicate intention as to plea in certain cases (paragraph 10);

• substitute for the provisions in the 1998 Act which deal with the sending to the Crown Court of adults charged with offences triable only on indictment ("indictable-only offences") and certain related offences, new provisions which permit sending to the Crown Court in a wider range of circumstances, including either-way offences (which generally, at present, reach the Crown Court by way of committal proceedings), certain offences involving children and young persons and certain cases involving serious or complex fraud or which involve children as witnesses (paragraph 18);

• make amendments which concern magistrates' courts' powers to commit for sentence on summary trial of either-way offences (paragraphs 21 to 28);

• make minor and consequential amendments, including repealing the provisions in the Magistrates' Courts Act 1980 (c. 43) relating to committal proceedings for either-way offences (paragraph 51).

Article 5 contains saving provisions concerning the provisions brought into force by article 4. The saving provisions provide rules for circumstances in which a person appears or is brought before a magistrates' court when he or she had a first appearance concerning that offence before commencement or where someone first appeared on a related indictable-only offence before commencement.

Article 6 contains other saving provisions. These relate to the Attorney General's power to make regulations relating to the service of prosecution evidence and to preserve the effect of section 4(3)(b) of the Contempt of Court Act 1981 (c. 49), as it was in force before commencement, where this is still needed for reports of committal proceedings.

A regulatory impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)