Statutory Instruments
Criminal Law, England And Wales
Made
17th November 2012
The Secretary of State makes the following Order in exercise of the power 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. 30 and Consequential Amendment) Order 2012.
(2) In this Order "the Act" means the Criminal Justice Act 2003.
2. Section 257(2)(c) of the Act (additional days for disciplinary offences) comes into force on 3rd December 2012 in so far as it relates to paragraphs 17, 19(2) and 26 of Schedule 20B to the Act(2).
3.-(1) The entry in Part 7 of Schedule 37 to the Act relating to section 65 of the Criminal Justice Act 1991(3) (supervision of young offenders after release) comes into force-
(a)on 3rd December 2012 in so far as it relates to section 65(1); and
(b)on 1st May 2013 for remaining purposes.
(2) Subject to paragraph (3), the entry in Part 7 of Schedule 37 to the Act relating to section 85 of the Sentencing Act(4) (sexual and violent offences: extension of certain custodial sentences for licence purposes)(5) comes into force on 3rd December 2012 for remaining purposes.
(3) The coming into force of the entry mentioned in article 3(2) is of no effect in relation to a person convicted before 3rd December 2012.
(4) The entry in Part 7 of Schedule 37 to the Act relating to sections 116 and 117 of the Sentencing Act (return to prison etc. where offence committed during original sentence)(6) comes into force on 3rd December 2012 for remaining purposes.
4.-(1) In Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005(7)-
(a)in paragraph 5(2)(c)(xii), omit "85,"; and
(b)omit paragraph 29.
(2) This article comes into force on 3rd December 2012.
Signed by authority of the Secretary of State
Jeremy Wright
Parliamentary Under Secretary of State
Ministry of Justice
17th November 2012
(This note is not part of the Order)
The Criminal Justice Act 2003 (Commencement No. 30 and Consequential Amendment) Order 2012 commences provisions of the Criminal Justice Act 2003 (c.44) ("the Act") as a consequence of changes to sentencing provisions made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Article 2 brings into force section 257(2)(c) of the Act (additional days for disciplinary offences) to allow for the extension of licence periods in respect of additional days where the licence period is shorter than the end of sentence.
The effect of article 3(1)(a) is the repeal of section 65(1) of the Criminal Justice Act 1991 (c.53) (supervision of young offenders after release) so that no further supervision periods can be imposed under that section. The rest of the section 65 is left in force so that any supervision periods imposed before 3rd December 2012 continue to operate and breaches can be pursued until the licence is finished. Such supervision periods only last for three months and accordingly, to allow for breach proceedings to be brought in the court, the rest of section 65 is repealed (by virtue of article 3(1)(b)) on 1st May 2013.
The effect of article 3(2) and (3) is to repeal section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) ("the Sentencing Act") (sexual and violent offences: extension of certain custodial sentences for licence purposes), subject to a saving in relation to persons convicted before 3rd December 2012.
The effect of article 3(4) is to repeal sections 116 and 117 of the Sentencing Act (return to prison etc. where offence committed during original sentence).
Article 4 makes consequential amendments to remove previous saving provisions in relation to sections 85, 116 and 117 of the Sentencing Act.
(This note is not part of the Order)
Provision | Date of Commencement | S.I. No. |
---|---|---|
Sections 1 and 2 | 20th January 2004 | 2004/81 |
Section 3 | 29th January 2004 | 2004/82 |
Section 4 | 20th January 2004 | 2004/81 |
Section 5 (partially) | 1st August 2004 | 2004/1867 |
Section 5 so far as not already in force | 1st December 2005 | 2005/3055 |
Sections 6 to 8 | 20th January 2004 | 2004/81 |
Section 9 | 5th April 2004 | 2004/829 |
Section 10 | 5th April 2004 | 2004/829 |
Section 13 | 5th April 2004 | 2004/829 |
Section 14 (partially) | 1st January 2007 | 2006/3217 |
Section 15 (partially) | 5th April 2004 | 2004/829 |
1st January 2007 | 2006/3217 | |
Sections 16 and 17 | 5th April 2004 | 2004/829 |
Section 18 | 4th April 2005 | 2005/950 |
Sections 19 to 21 | 5th April 2004 | 2004/829 |
Sections 22 to 24 | 3rd July 2004 | 2004/1629 |
Section 25 | 29th January 2004 | 2004/81 |
Sections 26 and 27 (partially) | 3rd July 2004 | 2004/1629 |
Section 27 so far as not already in force | 15th October 2009 | 2009/2775 |
Section 28 | 29th January 2004 | 2004/81 |
3rd July 2004 | 2004/1629 | |
1st October 2007 | 2007/2874 | |
Sections 29 and 30 (partially) | 25th July 2007 | 2007/1999 |
9th June 2008 | 2008/1424 | |
1st November 2009 | 2009/2879 | |
1st January 2011 | 2010/3005 | |
6th September 2011 | 2011/2188 | |
3rd September 2011 | 2011/2188 | |
19th March 2012 | 2012/825 | |
Section 31 | 29th January 2004 | 2004/81 |
Section 32 (partially) | 4th April 2005 | 2005/950 |
15th July 2005 | 2005/1817 | |
Section 33 (partially) | 4th April 2005 | 2005/950 |
24th July 2006 | 2006/1835 | |
15th July 2005 | 2005/1817 | |
Section 34 | 1st May 2010 | 2010/1183 |
Sections 36 to 38 and 39 (partially) | 4th April 2005 | 2005/950 |
15th July 2005 | 2005/1817 | |
1st May 2010 | 2010/1183 | |
Section 40 | 5th April 2004 | 2004/829 |
Section 41 (partially) | 4th April 2005 | 2005/950 |
9th May 2005 | 2005/1267 | |
18th May 2012 | 2012/1320 | |
18th June 2012 | 2012/1320 | |
5th November 2012 | 2012/2574 | |
Section 42 | 22nd January 2004 | 2004/81 |
Sections 44, 45, 46, 47 and 48 (partially) | 24th July 2006 | 2006/1835 |
Section 49 | 29th January 2004 | 2004/81 |
Section 50 (partially) | 8th January 2007 | 2006/3422 |
Sections 51 to 54 | 7th December 2007 | 2007/3451 |
26th June 2010 | 2010/1183 | |
Section 55 | 29th January 2004 | 2004/81 |
26th June 2010 | 2010/1183 | |
Section 56 | 7th December 2007 | 2007/3451 |
Sections 57 to 61 and 67 to 72 | 4th April 2005 | 2005/950 |
Section 73 | 29th January 2004 | 2004/81 |
Sections 74 to 92 | 4th April 2005 | 2005/950 |
Section 93 | 29th January 2004 | 2004/81 |
Sections 94 and 95 | 4th April 2005 | 2005/950 |
Section 97 | 7th March 2005 | 2005/373 |
Sections 98 to 110 | 15th December 2004 | 2004/3033 |
Section 111 | 29th January 2004 | 2004/81 |
Section 112 | 15th December 2004 | 2004/3033 |
Section 113 | 1st January 2005 | 2004/3033 |
Sections 114 to 131 and 133 to 136 | 4th April 2005 | 2005/950 |
Sections 139 to 141 | 5th April 2004 | 2004/829 |
Sections 142 to 150, 152, 153 and 156 to 157 | 4th April 2005 | 2005/950 |
Sections 158 and 159 (partially) | 7th March 2005 | 2005/373 |
Sections 158 to 159 so far as not already in force, 160 and 162 to 166 | 4th April 2005 | 2005/950 |
Sections 167 and 168 (partially) and 169 to 173 | 27th February 2004 | 2004/81 |
Section 174 (partially) | 5th April 2004 | 2004/829 |
Section 174 so far as not already in force | 4th April 2005 | 2005/950 |
Section 175 | 4th April 2005 | 2005/950 |
Section 176 | 5th April 2004 | 2004/829 |
Section 177 | 4th April 2005 | 2005/950 |
Section 178 | 7th March 2005 | 2005/373 |
Sections 179 and 180 | 4th April 2005 | 2005/950 |
Sections 182 to 187 | 26th January 2004 | 2003/3282 |
Sections 189 to 194 | 4th April 2005 | 2005/950 |
Section 195 (partially) | 26th January 2004 | 2003/3282 |
Section 195 so far as not already in force | 4th April 2005 | 2005/950 |
Section 196 (partially) | 26th January 2004 | 2003/3282 |
4th April 2005 | 2005/950 | |
Section 197 (partially) | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
Section 197 so far as not already in force | 4th April 2005 | 2005/950 |
Sections 198 to 199 (partially) | 26th January 2004 | 2003/3282 |
Sections 198 to 199 so far as not already in force | 4th April 2005 | 2005/950 |
Section 200 (partially) | 26th January 2004 | 2003/3282 |
Section 200 so far as not already in force | 4th April 2005 | 2005/950 |
Section 201 (partially) | 26th January 2004 | 2003/3282 |
Section 201 so far as not already in force | 4th April 2005 | 2005/950 |
Section 202 (partially) | 26th January 2004 7th March 2005 | 2003/3282 2005/373 |
Section 202 so far as not already in force | 4th April 2005 | 2005/950 |
Section 203 (partially) | 26th January 2004 | 2003/3282 |
Section 203 so far as not already in force | 4th April 2005 | 2005/950 |
Section 204 (partially) | 26th January 2004 4th April 2005 | 2003/3282 2005/950 |
Section 205 (partially) | 26th January 2004 | 2003/3282 |
Section 205 so far as not already in force | 4th April 2005 | 2005/950 |
Section 213 (partially) | 26th January 2004 4th April 2005 | 2003/3282 2005/950 |
Section 214 (partially) | 26th January 2004 | 2003/3282 |
Section 214 so far as not already in force | 4th April 2005 | 2005/950 |
Section 215 | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
4th April 2005 | 2005/950 | |
Section 216 (partially) | 26th January 2004 | 2003/3282 |
4th April 2005 | 2005/950 | |
Section 217 | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
4th April 2005 | 2005/950 | |
Section 218 (partially) | 26th January 2004 | 2003/3282 |
Section 219 (partially) | 26th January 2004 | 2003/3282 |
Section 221 (partially) | 26th January 2004 | 2003/3282 |
Section 221 so far as not already in force | 4th April 2005 | 2005/950 |
Section 222 (partially) | 26th January 2004 | 2003/3282 |
Section 222 so far as not already in force | 7th March 2005 | 2005/373 |
Section 223 (partially) | 26th January 2004 | 2003/3282 |
Section 223 so far as not already in force | 7th March 2005 | 2005/373 |
Sections 224 to 236 | 4th April 2005 | 2005/950 |
Section 237 (partially) | 26th January 2004 | 2003/3282 |
Section 237 so far as not already in force | 4th April 2005 | 2005/950 |
Section 238 | 4th April 2005 | 2005/950 |
Section 239 (partially) | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
Section 240 (partially) | 7th March 2005 | 2005/373 |
Section 240 so far as not already in force | 4th April 2005 | 2005/950 |
Section 241 (partially) | 26th January 2004 | 2003/3282 |
Section 241 so far as not already in force | 4th April 2005 | 2005/950 |
Sections 242 to 243 | 4th April 2005 | 2005/950 |
Section 244 (partially) | 26th January 2004 | 2003/3282 |
4th April 2005 | 2005/950 | |
Section 245 (partially) | 26th January 2004 | 2003/3282 |
Section 246 (partially) | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
4th April 2005 | 2005/950 | |
Section 247 | 4th April 2005 | 2005/950 |
Section 248 (partially) | 26th January 2004 | 2003/3282 |
Section 248 so far as not already in force | 4th April 2005 | 2005/950 |
Section 249 (partially) | 26th January 2004 | 2003/3282 |
Section 249 so far as not already in force | 4th April 2005 | 2005/950 |
Section 250 (partially) | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
4th April 2005 | 2005/950 | |
Sections 251 to 252 (partially) | 26th January 2004 | 2003/3282 |
Section 252 so far as not already in force | 4th April 2005 | 2005/950 |
Section 253 (partially) | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
Sections 254 to 256 (partially) | 26th January 2004 | 2003/3282 |
Sections 254 to 256 so far as not already in force | 4th April 2005 | 2005/950 |
Section 257 (partially) | 26th January 2004 | 2003/3282 |
7th March 2005 | 2005/373 | |
Section 257 so far as not already in force | 4th April 2005 | 2005/950 |
Section 259 (partially) | 26th January 2004 | 2003/3282 |
Section 259 so far as not already in force | 4th April 2005 | 2005/950 |
Section 260 (partially) | 7th March 2005 | 2005/373 |
Section 260 so far as not already in force | 4th April 2005 | 2005/950 |
Section 261 | 4th April 2005 | 2005/950 |
Section 262 | 14th June 2004 | 2004/829 |
Section 263 (partially) | 26th January 2004 | 2003/3282 |
Section 263 so far as not already in force | 4th April 2005 | 2005/950 |
Section 264 (partially) | 26th January 2004 | 2003/3282 |
4th April 2005 | 2005/950 | |
Section 265 (partially) | 26th January 2004 | 2003/3282 |
Section 265 so far as not already in force | 4th April 2005 | 2005/950 |
Section 267 | 7th March 2005 | 2005/373 |
Section 268 (partially) | 26th January 2004 | 2003/3282 |
Section 268 so far as not already in force | 4th April 2005 | 2005/950 |
Section 278 | 4th April 2005 | 2005/950 |
Section 279 | 1st December 2004 | 2004/3033 |
Section 284 | 29th January 2004 | 2004/81 |
Section 285 | 27th February 2004 | 2004/81 |
Section 286 | 29th January 2004 | 2004/81 |
Sections 287 to 293 | 22nd January 2004 | 2004/81 |
Sections 294 to 297 | 20th January 2004 | 2004/81 |
Section 299 | 1st May 2004 | 2004/829 |
Section 300 | 7th March 2005 | 2005/373 |
Section 301 | 7th March 2005 | 2005/373 |
Section 302 (partially) | 26th January 2004 | 2003/3282 |
Section 302 so far as not already in force | 4th April 2005 | 2005/950 |
Section 303 (partially) | 4th April 2005 | 2005/950 |
Section 304 (partially) | 26th January 2004 | 2003/3282 |
22nd January 2004 | 2004/81 | |
4th April 2005 | 2005/950 | |
Section 305 (partially) | 26th January 2004 | 2003/3282 |
Section 305 so far as not already in force | 4th April 2005 | 2005/950 |
Section 306 | 20th January 2004 | 2004/81 |
Section 307 | 21st July 2005 | 2005/1817 |
Sections 308 to 312 | 4th April 2005 | 2005/950 |
Sections 313 and 314 | 1st September 2004 | 2004/1629 |
Section 315 | 4th April 2005 | 2005/950 |
Sections 316 and 317 | 1st September 2004 | 2004/1629 |
Section 318 | 1st September 2004 | 2004/1629 |
Section 319 | 4th April 2005 | 2005/950 |
Section 320 | 20th January 2004 | 2004/81 |
Section 321 | 5th April 2004 | 2004/829 |
Sections 322 and 323 | 1st May 2004 | 2004/829 |
Section 324 | 27th February 2004 | 2004/81 |
Sections 325 to 327 | 5th April 2004 | 2004/829 |
Section 328 | 29th January 2004 | 2004/81 |
6th April 2006 | 2006/751 | |
1st April 2008 | 2008/694 | |
Section 329 | 20th January 2004 | 2004/81 |
Section 331 (partially) | 5th April 2004 | 2004/829 |
1st September 2004 | 2004/1629 | |
15th December 2004 | 2004/2033 | |
1st January 2005 | 2004/2033 | |
4th April 2005 | 2005/950 | |
15th July 2005 | 2005/1817 | |
24th July 2006 | 2006/1835 | |
8th January 2007 | 2006/342 | |
1st October 2007 | 2007/2874 | |
18th June 2012 | 2012/1320 | |
Section 332 (partially) | 20th January 2004 | 2004/81 |
29th January 2004 | 2004/81 | |
27th February 2004 | 2004/81 | |
5th April 2004 | 2004/829 | |
15th December 2004 | 2004/3033 | |
4th April 2005 | 2005/950 | |
15th July 2005 | 2005/1817 | |
6th April 2006 | 2006/751 | |
18th June 2012 | 2012/1320 | |
5th November 2012 | 2012/2574 | |
Section 333 | 27th February 2004 | 2004/81 |
4th April 2005 | 2005/950 | |
Schedule 1 | 20th January 2004 | 2004/81 |
Schedule 2 | 29th January 2004 | 2004/81 |
3rd July 2004 | 2004/1629 | |
1st October 2007 | 2007/2874 | |
Schedule 3 (partially) | 4th April 2005 | 2005/950 |
9th May 2005 | 2005/1267 | |
18th May 2012 | 2012/1320 | |
18th June 2012 | 2012/1320 | |
5th November 2012 | 2012/2574 | |
Schedule 5 | 4th April 2005 | 2005/950 |
Schedule 6 | 1st January 2005 | 2004/3033 |
Schedules 7 to 9 | 4th April 2005 | 2005/950 |
Schedule 10 (partially) | 26th January 2004 | 2003/3282 |
Schedules 12 and 13 | 4th April 2005 | 2005/950 |
Schedule 14 | 26th January 2004 | 2003/3282 |
Schedules 15 to 18 | 4th April 2005 | 2005/950 |
Schedule 19 | 26th January 2004 | 2003/3282 |
Schedule 20 | 14th June 2004 | 2004/829 |
Schedule 23 | 4th April 2005 | 2005/950 |
Schedule 24 | 1st December 2004 | 2004/3033 |
Schedule 28 | 29th January 2004 | 2004/81 |
Schedule 29 | 22nd January 2004 | 2004/81 |
Schedule 30 | 1st May 2004 | 2004/829 |
Schedule 31 | 7th March 2005 | 2005/373 |
Schedule 32 (partially) | 26th January 2004 | 2003/3282 |
22nd January 2004 | 2004/81 | |
4th April 2005 | 2005/950 | |
Schedule 33 | 5th April 2004 | 2004/829 |
Schedule 34 | 27th February 2004 | 2004/81 |
Schedule 35 (partially) | 29th January 2004 | 2004/81 |
6th April 2006 | 2006/751 | |
1st April 2008 | 2008/694 | |
Schedule 36 (partially) | 5th April 2004 | 2004/829 |
1st September 2004 | 2004/1629 | |
15th December 2004 | 2004/2033 | |
1st January 2005 | 2004/2033 | |
4th April 2005 | 2005/950 | |
15th July 2005 | 2005/1817 | |
24th July 2006 | 2006/1835 | |
1st January 2007 | 2006/3217 | |
8th January 2007 | 2006/3422 | |
1st October 2007 | 2007/2874 | |
18th June 2012 | 2012/1320 | |
Schedule 37 (partially) | 20th January 2004 | 2004/81 |
29th January 2004 | 2004/81 | |
27th February 2004 | 2004/81 | |
5th April 2004 | 2004/829 | |
15th December 2004 | 2004/3033 | |
4th April 2005 | 2005/950 | |
15th July 2005 | 2005/1817 | |
6th April 2006 | 2006/751 | |
18th June 2012 | 2012/1320 | |
5th November 2012 | 2012/2574 | |
Schedule 38 | 27th February 2004 | 2004/81 |
4th April 2005 | 2005/950 |
Schedule 20B was inserted by paragraph 10 of Schedule 17 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10).
The Sentencing Act is defined in section 305(1) of the Criminal Justice Act 2003 as the Powers of Criminal Courts (Sentencing) Act 2000 (c.6).
Part 7 of Schedule 37 to the Criminal Justice Act 2003 makes provision for repealing (among other things) section 85 of the Sentencing Act. The repealing provision was commenced, in so far as it relates to that section, by paragraph 44(4)(r) of Schedule 1 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950). However, paragraph 5(2)(c)(xii) of Schedule 2 to that Order provides that the coming into force of the repeal is of no effect in relation to an offence committed before 4th April 2005.
Part 7 of Schedule 37 to the 2003 Act makes provision for repealing (among other things) sections 116 and 117 of the Sentencing Act. The repealing provision was commenced, in so far as it relates to those sections, by paragraph 44(4)(r) of Schedule 1 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950). However, paragraph 29 of Schedule 2 to that Order provides that the coming into force of the repeal is of no effect in relation to an offence committed before 4th April 2005 or for sentences of under 12 months.