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Statutory Instruments

2006 No. 3423 (C. 131)

CRIMINAL LAW

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006

Made

19th December 2006

The Secretary of State makes the following Order in exercise of the powers conferred by sections 60 and 61(1) of the Domestic Violence, Crime and Victims Act 2004( 1 ):

Citation and interpretation

1. —(1) This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006.

(2) In this Order “the 2004 Act” means the Domestic Violence, Crime and Victims Act 2004 .

Commencement

2. Subject to article 3, the following provisions of the 2004 Act shall come into force on 8th January 2007—

(a) sections 17 to 21 (trial by jury of sample counts only);

(b) section 30 (prosecution appeals);

(c) section 56 (grants for assisting victims, witnesses etc );

(d) section 58(1) (minor and consequential amendments) in so far as it relates to the provision referred to in paragraph (f);

(e) Schedule 1 (modifications of sections 17 to 20 for Northern Ireland); and

(f) paragraph 62 of Schedule 10.

Transitional provision

3. The coming into force of sections 17 to 20 of the 2004 Act has no effect in relation to cases where one of the following events has occurred before 8th January 2007—

(a) the defendant has been committed for trial;

(b) a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 (serious or complex fraud)( 2 ) or Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988( 3 );

(c) a notice of transfer has been given under section 53 of the Criminal Justice Act 1991 (cases involving children)( 4 ) or Article 4 of the Children’s Evidence (Northern Ireland) Order 1995( 5 ); or

(d) the prosecution evidence has been served on the defendant in a case sent for trial under section 51 of the Crime and Disorder Act 1998( 6 ).

Scotland of Asthal, Q.C.

Minister of State

Home Office

19th December 2006

( 1 )

2004 c. 28 .

( 2 )

1987 c.38 .

( 3 )

S.I. 1988/1846 (N.I.16) .

( 4 )

1991 c.53 .

( 5 )

S.I. 1995/757 (N.I.3) .

( 6 )

1998 c. 37 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006 (2006/3423)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
the 2004 Act art. 1. def_fd0b41cca0

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