Criminal Justice Act 2003, section 336

Commencement

Part 14 General

(1)The following provisions of this Act come into force on the passing of this Act—

  • section 168(1) and (2),

  • section 183(8),

  • section 307(1) to (3), (5) and (6),

  • section 330,

  • section 333(1) to (5),

  • sections 334 and 335,

  • this section and sections 337, 338 and 339, and

  • the repeal in Part 9 of Schedule 37 of section 81(2) and (3) of the Countryside and Rights of Way Act 2000 (c. 37) (and section 332 so far as relating to that repeal), and

  • paragraphs 1 and 6 of Schedule 38 (and section 333(6) so far as relating to those paragraphs).

(2)The following provisions of this Act come into force at the end of the period of four weeks beginning with the day on which this Act is passed—

  • Chapter 7 of Part 12 (and Schedules 21 and 22);

  • section 303(b)(i) and (ii);

  • paragraphs 42, 43(3), 66, 83(1) to (3), 84 and 109(2), (3)(b), (4) and (5) of Schedule 32 (and section 304 so far as relating to those provisions);

  • Part 8 of Schedule 37 (and section 332 so far as relating to that Part of that Schedule).

(3)The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order.

(4)Different provision may be made for different purposes and different areas.

[F767 (5)For the purposes of the law of Northern Ireland, the power in subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State).F767]

Cases considering section 336 4

Khan, Decision Upon A Reference Under the Criminal Justice Act 2003

[2006] EWHC 2826 (QB) · 10 November 2006

Confirms that section 273 commenced on 18 December 2003 as part of Chapter 7 of Part 12, rather than on the general commencement date of the Act. (see para [14])

R (Stellato) v Secretary of State for the Home Department

[2007] UKHL 5 · 14 March 2007

The provision empowers the Secretary of State to bring statutory provisions into force by order. It was one of the enabling powers used for the 2005 Order (see paras [4]-[7]). The provision permits different commencement provision for different purposes and areas. It formed part of the authority under which the 2005 Order was made (see paras [4]-[7]).

Secretary of State for Justice v Walker

[2008] EWCA Civ 30 · 1 February 2008

The court noted that section 336(3) left commencement of the IPP provisions to the Secretary of State. His decision to bring them into force without sufficient resources formed part of the public-law breach (see para [40]).

What each judgment says about section 336 is in the case-law panel in the full Act.

Explanatory note

741.The provisions listed in subsection (1) came into force (i.e. on 20th November 2003) on Royal Assent (i.e. on 18th December 2003). The life sentence provisions listed in subsection (2) come into force 4 weeks later. The remaining provisions in the Act will be brought into force by order. A commencement order may make different provision for different purposes or different areas.

All the explanatory notes for the Act

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F767S. 336(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(6) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Subordinate legislation made

  1. P1S. 336(3) power partly exercised: 26.1.2004 appointed for specified provisions by {S.I. 2003/3282}, art. 2, Sch.; different dates appointed for specified provisions by {S.I. 2004/81}, arts. 2-4; different dates appointed for specified provisions by {S.I. 2004/829}, arts. 2-4; different dates appointed for specified provisions by {S.I. 2004/1629}, arts. 2, 3; 1.8.2004 appointed for specified provisions by {S.I. 2004/1867}, art. 2; different dates appointed for specified provisions by {S.I. 2004/3033}, arts. 2-4; 7.3.2005 appointed for specified provisions by {S.I. 2005/373}, art. 2; different dates appointed for specified provisions by {S.I. 2005/950}, arts. 2-4, Sch. 1 (subject to Sch. 2) (as explained by S.I. 2005/2122, art. 2; and as amended by: S.I. 2007/391, art. 2 (revoked by S.I. 2009/3111, art. 2); 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); S.I. 2009/616, art. 2 (revoked by S.I. 2009/3111, art. 2); S.I. 2009/3111, art. 2); 9.5.2005 appointed for specified provisions by {S.I. 2005/1267}, art. 2, Sch.; different dates appointed for specified provisions by {S.I. 2005/1817}, arts. 2, 3; 1.12.2005 appointed for specified provisions by {S.I. 2005/3055}, art. 2; 6.4.2006 appointed for specified provisions by {S.I. 2006/751}, art. 2; 24.7.2006 appointed for specified provisions by {S.I. 2006/1835}, art. 2 (subject to art. 3); 1.1.2007 appointed for specified provisions by {S.I. 2006/3217}, art. 2; 8.1.2007 appointed for specified provisions by {S.I. 2006/3422}, art. 2; 25.7.2007 appointed for specified provisions by {S.I. 2007/1999}, art. 2; 1.10.2007 appointed for specified provisions by {S.I. 2007/2874}, art. 2; 3.12.2007 appointed for specified provisions by {S.I. 2007/3340}, art. 2; 7.12.2007 appointed for specified provisions by {S.I. 2007/3451}, art. 2 (subject to art. 3); 1.4.2008 appointed for a specified provision by {S.I. 2008/694}, art. 2; 9.6.2008 appointed for specified provisions by {S.I. 2008/1424}, art. 2; 16.11.2011 appointed for specified provision by {S.I. 2009/2775}, art. 2: 1.11.2009 appointed for the specified provisions by {S.I. 2009/2879}, art. 2, 3; 26.4.2010 and 1.5.2010 appointed for specified provisions by {S.I. 2010/1183}, arts. 2, 3 (with art. 4); 1.1.2011 appointed for specified provision by {S.I. 2010/3005}, art. 2