Statutory Instruments
2007 No. 3451 (C. 147)
criminal law, england and wales
The Criminal Justice Act 2003 (Commencement No. 19 and Transitional Provisions) Order 2007
Made
5th December 2007
The Secretary of State, in exercise of the powers conferred by sections 336(3) and (4) and 330(3)(b) and (4)(b) 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. 19 and Transitional Provisions) Order 2007.
(2) In this Orderβ
βproceedingsβ means the criminal proceedings listed in section 51(2) of the Criminal Justice Act 2003.
Commencement
2. β(1) The provisions of the Criminal Justice Act 2003 listed in paragraph (2) come into force on 7 December 2007 only in relation to proceedings in the Crown Court for an offence that is listed in paragraph (3).
(2) The provisions areβ
(a) section 51 (live links in criminal proceedings),
(b) section 52 (effect of, and rescission of, direction),
(c) section 54 (warning to jury), and
(d) section 56 (interpretation of Part 8).
(3) The offences areβ
(a) an offence under Part 1 of the Sexual Offences Act 2003( 2 ) (rape, assault by penetration, sexual assault etc. ),
(b) rape or burglary with intent to rape,
(c) an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956( 3 ) (unlawful intercourse, indecent assault, forcible abduction etc.),
(d) an offence under section 128 of the Mental Health Act 1959( 4 ) (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.),
(e) an offence under section 1 of the Indecency with Children Act 1960( 5 ) (indecent conduct towards child under 14), and
(f) an offence under section 54 of the Criminal Law Act 1977( 6 ) (incitement of child under 16 to commit incest).
3. Article 2 shall apply notwithstanding that the proceedings may also relate to an offence that is not listed in paragraph (3) of that article.
Transitional provision
4. Article 2 shall apply in relation to any proceedings that begin on or after 7 December 2007.
Maria Eagle
Parliamentary Under Secretary of State
Ministry of Justice
5th December 2007