No provision of this Part has effect in relation to criminal proceedings begun before the commencement of that provision.
Cases considering section 141 3
Singh, R. v
Read with section 112(1), the provision was applied so that the Act’s evidential regime governed every trial beginning after 15 December 2004, including this re-trial (see para [10]).
Bradley, R v
Section 141 prevented Part 11 from taking effect in a trial or Newton hearing begun before the relevant provision commenced. It did not prevent the new rules applying merely because the charge or information pre-dated commencement (see paras [25]-[34]).
Finch, R v
The court applied the commencement provision: the trial took place after 4 April 2005, so both the new hearsay provisions and section 76A applied. It also noted the section’s qualified definition of criminal proceedings, which did not govern the separate Police and Criminal Evidence Act provision (see paras [6]; [14]).
What each judgment says about section 141 is in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Commencement
- I93S. 141 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))