Statutory Instruments
2006 No. 1835 (C. 61)
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, NORTHERN IRELAND
The Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006
Made
10th July 2006
The Secretary of State, in exercise of the power conferred upon him by sections 330(3)(b) and 336(3) of the Criminal Justice Act 2003( 1 ), makes the following Order:
Citation and interpretation
1. β(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No.13 and Transitional Provision) Order 2006.
(2) In this Orderβ
βthe 2003 Actβ means the Criminal Justice Act 2003;
βthe 1996 Actβ means the Criminal Procedure and Investigations Act 1996( 2 )
Commencement
2. Subject to article 3, the following provisions of the 2003 Act shall come into force on 24th July 2006
(a) section 33(1) (defence disclosure), in so far as it inserts subsection (5C) of section 5 of the 1996 Act;
(b) section 44 (jury tampering);
(c) section 45 (procedure for applications), in so far as it applies to applications under section 44;
(d) section 46 (discharge of jury because of jury tampering);
(e) section 47 (appeals);
(f) section 48 (further provision about trials without jury), in so far as it applies to trials ordered under section 44 or 46;
(g) section 331 (further minor and consequential amendments) in so far as it relates to the provisions referred to in paragraph (h); and
(h) Part 4 of Schedule 36 (minor and consequential amendments), in so far as it relates to England and Wales.
Transitional provision
3. The coming into force of section 5(5C) of the 1996 Act has effect only in relation to alleged offences in relation to whichβ
(a) a criminal investigation within the meaning of section 1(4) of that Act beganβ
(i) in England and Wales on or after 4th April 2005; or
(ii) in Northern Ireland on or after 15th July 2005; and
(b) the duty to give a defence statement in accordance with section 5(5) of that Act arises on or after 24 th July 2006.
Scotland of Asthal, Q.C.
Minister of State
Home Office
10th July 2006