Statutory Instruments
2013 No. 1103 (C. 46)
Criminal Law
The Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013
Made
7th May 2013
The Secretary of State makes the following Order in exercise of the powers conferred by sections 330(4) and 336(3) and (4) of the Criminal Justice Act 2003( 1 ):
Citation, extent and interpretation
1. —(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013.
(2) This Order does not extend to Northern Ireland.
(3) In this Order—
“the 1998 Act” means the Crime and Disorder Act 1998( 2 );
“the No. 28 Order” means the Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012( 3 );
“the No. 29 Order” means the Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) Order 2012( 4 ).
Provisions coming into force on 28th May 2013 in certain local justice areas and the Crown Court for certain purposes
2. —(1) The following provisions of the Criminal Justice Act 2003 come into force on 28th May 2013 in relation to the relevant local justice areas—
(a) section 41 (allocation of offences triable either way, and sending cases to Crown Court), so far as it relates to the provisions specified in sub-paragraph (c);
(b) section 332 (repeals), so far as it relates to the provisions specified in sub-paragraph (d);
(c) Schedule 3( 5 ) (allocation of cases triable either way, and sending cases to the Crown Court etc ), so far as it is not already in force, other than—
(i) paragraph 19(1) (restrictions on reporting of allocation or sending proceedings), so far as it would insert section 52B(4) of the 1998 Act;
(ii) paragraph 19(2)(b);
(iii) paragraph 57(2) (amendment of section 7A of the Prosecution of Offences Act 1985( 6 ));
(iv) paragraph 66(4), so far as it would omit paragraph (a) of the modified section 3(8) of the 1996 Act (initial duty of prosecutor to disclose);
(v) paragraphs 70 and 71(d) (extending to Northern Ireland reporting restrictions for applications for dismissal);
(d) Part 4 of Schedule 37( 7 ) (repeals), so far as it is not already in force, other than the entry relating to paragraph (a) of the modified section 3(8) of the 1996 Act.
(2) The relevant local justice areas are those local justice areas not specified in—
(a) article 4(2) of the No. 28 Order (provisions coming into force on 18th June 2012 in certain local justice areas and the Crown Court for certain purposes); or
(b) the Schedule to the No. 29 Order (list of relevant local justice areas).
(3) The provisions specified in paragraph (1) are also to come into force on 28th May 2013 in relation to the Crown Court where it deals with—
(a) a person sent for trial by a magistrates’ court in a relevant local justice area;
(b) a person committed for sentence by a magistrates’ court in a relevant local justice area.
(4) In this article “the 1996 Act” means the Criminal Procedure and Investigations Act 1996( 8 ).
Saving provisions
3. —(1) Subject to article 4, the amendments coming into force by virtue of article 2 are to have no effect in relation to an offence (“the relevant offence”) if condition 1 or 2 is satisfied in respect of that offence.
(2) Condition 1 is satisfied if a person first appeared in respect of the relevant offence before 28th May 2013.
(3) Condition 2 is satisfied if—
(a) a person first appears in respect of the relevant offence on or after 28th May 2013,
(b) the relevant offence is related to an offence which is triable only on indictment (“the indictable-only offence”), and
(c) the person who is charged with the indictable-only offence first appeared in respect of that offence before 28th May 2013.
(4) For the purposes of this article—
(a) a person (“A”) first appears in respect of an offence where A appears or is brought before a magistrates’ court for the first time in the proceedings in respect of the offence with which A is charged;
(b) a relevant offence is related to an indictable-only offence if, were a magistrates’ court to apply section 51 of the 1998 Act as it was in force immediately before 28th May 2013, that court would be required to send the person charged with the relevant offence to the Crown Court for trial for that offence, or could do so.
End of period in which saving provisions have effect
4. —(1) This article applies in relation to an offence to which the relevant provisions would have effect but for a relevant saving and in relation to which, by 30th August 2013—
(a) the court has not decided to proceed to summary trial; and
(b) the person charged has not been committed or sent for trial.
(2) A relevant saving shall not apply after 30th August 2013 to an offence in relation to which this article applies, and accordingly the relevant provisions have effect after that date in relation to such an offence.
(3) The relevant provisions are the provisions coming into force by virtue of—
(a) article 2;
(b) article 4 of the No. 28 Order (provisions coming into force on 18th June 2012 in certain local justice areas and the Crown Court for certain purposes); or
(c) article 2 of the No. 29 Order (provisions coming into force on 5th November 2012 in certain local justice areas and the Crown Court for certain purposes).
(4) The relevant savings are article 3(1) of this Order, article 5(1) of the No. 28 Order (saving provisions) and article 3(1) of the No. 29 Order (saving provisions).
Signed by the authority of the Secretary of State
Damian Green
Minister of State
Ministry of Justice
7th May 2013
S.I. 2012/2574 . The Schedule to S.I. 2012/2574 was amended by the Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) (Amendment) Order 2012 ( S.I. 2012/2761 ).
Schedule 3 to the Criminal Justice Act 2003 (c. 44) was amended by the Constitutional Reform Act 2005 (c. 4) , section 59(5) and Schedule 11, paragraph 1(2), the Armed Forces Act 2006 (c. 52) , section 378(2) and Schedule 17, and the Criminal Justice and Immigration Act 2008 (c. 4) , sections 53 and 149 and Schedules 13 and 28. Provisions substituted or inserted by Schedule 3 to the Criminal Justice Act 2003 have also been amended. Section 19 of the Magistrates’ Courts Act 1980 (c. 43) is amended by the Armed Forces Act 2006, section 378(1) and Schedule 16, paragraph 88 and the Coroners and Justice Act 2009 (c. 25) , sections 144 and 177(1) and Schedule 17, paragraphs 4 and 5 and Schedule 21, paragraph 80; section 51A of the Crime and Disorder Act 1998 (c. 37) is amended by the Violent Crime Reduction Act 2006 (c. 38) , sections 49 and 65 and Schedule 1, paragraph 5 and Schedule 5; section 51B of the Crime and Disorder Act 1998 is amended by the Commissioners for Revenue and Customs Act 2005 (c. 11) , section 50(6) and Schedule 4, paragraph 69; paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 is amended by the Armed Forces Act 2006, section 378(1) and Schedule 16, paragraph 155 and the Coroners and Justice Act 2009, sections 144 and 177(1) and Schedule 17, paragraphs 4 and 5 and Schedule 21, paragraph 81.
Part 4 of Schedule 37 was amended by the Criminal Justice and Immigration Act 2008 (c. 4) , sections 148(1) and 149 and Schedule 26, paragraphs 59 and 77 and Schedule 28.