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. β(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 βthe 2004 Actβ 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 2007β
(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 2007β
(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 Childrenβs 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