Statutory Instruments
2004 No. 2167 (C. 90 )
CRIMINAL LAW, ENGLAND AND WALES
The Criminal Justice Act 1988 (Commencement No. 14) Order 2004
Made
20th August 2004
In exercise of the powers conferred upon me by section 171(1) and (2) of the Criminal Justice Act 1988( 1 ) (“the 1988 Act”), I hereby make the following Order:
1. This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 14) Order 2004.
2. Subject to article 3, subsections (1)(a) and (3) of section 32 of the 1988 Act, so far as they are not already in force, shall come into force on 1st September 2004 in so far as they relate to proceedings to which subsection (1A)(a) of section 32 applies( 2 ).
3. —(1) This Order shall not apply if the trial, appeal or the hearing, as the case may be, has begun before 1st September 2004.
(2) For the purposes of this Order, the start of the trial shall be taken to occur at the time when the jury are sworn.
(3) The reference in paragraph (2) to the time when the jury are sworn includes the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003 ( 3 ) (trials on indictment without a jury).
Fiona Mctaggart
Parliamentary Under-Secretary of State
Home Office
20th August 2004
Section 32(1A) of the Criminal Justice Act 1988 was inserted by the Criminal Justice Act 1991 (c. 53) section 55(3), and amended by the Criminal Appeal Act 1995 (c. 35) section 29, Schedule 2 paragraph 16(2).