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Statutory Instruments

2010 No. 1858 (C. 94)

Criminal Law

The Coroners and Justice Act 2009 (Commencement No. 5) Order 2010

Made

19th July 2010

The Secretary of State, in exercise of the powers conferred by section 182(5) of the Coroners and Justice Act 2009( 1 ), makes the following Order:

Citation and interpretation

1. —(1) This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 5) Order 2010.

(2) In this Order, “the 2009 Act” means the Coroners and Justice Act 2009 .

Provisions coming into force on 2nd August 2010

2. The following provisions of the 2009 Act shall come into force on 2nd August 2010—

(a) section 145 (transfer to parole board of functions under the Criminal Justice Act 1991( 2 ));

(b) in section 177 (consequential etc amendments and transitional and saving provisions), subsection (2) (transitional, transitory and saving provisions) so far as it relates to the provision specified in sub-paragraph (d);

(c) section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (e);

(d) in Schedule 22 (transitional, transitory and saving provisions), paragraph 43 (transfer of functions to Parole Board); and

(e) in Part 5 of Schedule 23 (repeals: miscellaneous criminal justice provisions)

(i) the repeals relating to the Criminal Justice Act 1991; and

(ii) the repeal relating to the Criminal Justice and Immigration Act 2008( 3 ).

Provisions coming into force on 15th August 2010

3. The following provisions of the 2009 Act shall come into force on 15th August 2010—

(a) section 144 (treatment of convictions in other member States etc), so far as it relates to the provisions specified in sub-paragraph (d);

(b) in section 177, subsection (2) so far as it relates to the provisions specified in sub-paragraph (e);

(c) section 178, so far as it relates to the provisions specified in sub-paragraph (f);

(d) in Schedule 17 (treatment of convictions in other member States etc)

(i) paragraph 1 (evidence of bad character);

(ii) paragraph 3 (bail);

(iii) paragraphs 6 and 7 (determining the seriousness of an offence);

(iv) paragraph 10 (required custodial sentences for certain offences);

(v) paragraph 11 (restriction on imposing custodial sentence or service detention);

(vi) paragraph 12 (young offenders: referral conditions); and

(vii) paragraphs 13 to 15 (proving of foreign convictions before courts in England and Wales);

(e) in Schedule 22, paragraphs 40 to 42 (transitional provisions in relation to treatment of convictions in other member States etc), so far as they relate to paragraphs 1, 6, 7 and 10 to 15 of Schedule 17 to the 2009 Act; and

(f) in Part 5 of Schedule 23, the repeals relating to—

(i) the Criminal Justice and Public Order Act 1994( 4 );

(ii) the Powers of Criminal Courts (Sentencing) Act 2000( 5 );

(iii) the Criminal Justice Act 2003( 6 ); and

(iv) section 238(3) of the Armed Forces Act 2006( 7 ).

Signed by the authority of the Secretary of State

Crispin Blunt

Parliamentary Under Secretary of State

Ministry of Justice

19th July 2010

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Coroners and Justice Act 2009 (Commencement No. 5) Order 2010 (2010/1858)
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 2009 Act art. 1. def_a1475ec4a4

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The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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