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The Criminal Justice and Court Services Act 2000 (Commencement No. 6) Order 2001

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Statutory Instruments

2001 No. 1651 (C.57)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice and Court Services Act 2000 (Commencement No. 6) Order 2001

Made

1st May 2001

The Secretary of State, in exercise of the powers conferred upon him by section 80 of the Criminal Justice and Court Services Act 2000(1), hereby makes the following Order:

1.  This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 6) Order 2001.

2.  Section 66 of, and Schedule 5 to, the Criminal Justice and Court Services Act 2000 (Amendments of the Sex Offenders Act 1997(2)) shall come into force—

(a)for the purpose of exercising any power conferred on the Secretary of State to make regulations or an order, on 2nd May 2001, and

(b)for all other purposes, on 1st June 2001.

3.  This Order extends to England and Wales and Northern Ireland only.

Charles Clarke

Minister of State

Home Office

1st May 2001

Explanatory Note

(This note is not part of the Order)

This Order brings into force, for England and Wales and Northern Ireland, section 66 of, and Schedule 5 to, the Criminal Justice and Court Services Act 2000, for the purpose of exercising regulation making powers on 2nd May 2001 and for all other purposes on 1st June 2001.

Section 66 and Schedule 5 amend the Sex Offenders Act 1997 (the 1997 Act), which specifies in Part I that certain sex offenders are subject to requirements to notify certain personal details to the police. The amendments brought into force by this Order on 1st June change the period and certain other requirements for giving notification; make provision for fingerprinting and photographing the offender when he makes his notification; create new offences for relevant offenders in breach of the new requirements of the 1997 Act; and provide for additional penalties to be imposed on those in breach of the 1997 Act’s requirements. Further, they provide courts with the power to make a restraining order when making certain disposals of a sex offender for sexual offences to which Part I of the 1997 Act applies.

Schedule 5 introduces a number of powers for the Secretary of State to make subordinate legislation, including powers to prescribe police stations for the purposes of notification (paragraph 3 of the Schedule), powers to make provision for requiring relevant sex offenders to give notices relating to foreign travel (paragraph 4) and powers to make regulations concerning information to be given about the release or transfer of detained sex offenders (paragraph 7). This Order brings section 66 and Schedule 5 into force for the purpose of exercising these powers on 2nd May.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Criminal Justice and Court Services Act 2000 have been, or are to be, brought into force by the Criminal Justice and Court Services Act (Commencement No. 1) Order 2000 (S.I. 2000/3302), the Criminal Justice and Court Services Act (Commencement No. 2) Order 2001 (S.I. 2001/340), the Criminal Justice and Court Services Act (Commencement No. 3) Order 2001 (S.I. 2001/562), the Criminal Justice and Court Services Act (Commencement No. 4) Order 2001 (S.I. 2001/919) and the Criminal Justice and Court Services Act (Commencement No. 5) (Scotland) Order 2001 (S.S.I. 2001/166).

ProvisionDate of CommencementS.I. No. (S.S.I. No. as indicated)
Part I, Chapters I and II1st April 20012001/919
Sections 18, 23, 24 and 251st April 20012001/919
Part II11th January 20012000/3302
Sections 43, 44, 45, 54 and 551st April 20012001/919
Sections 56 and 621st February 20012000/3302
Section 63 (in part)1st February 20012000/3302
Section 651st March 20012001/340
Section 66 (Scotland only)31st May 2001S.S.I. 2001/166
Sections 67, 68 and 691st April 20012001/919
Section 721st March 20012001/562
Section 731st April 20012001/919
Schedules 1, 2 and 31st April 20012001/919
Schedule 411th January 20012000/3302
Schedule 5 (Scotland only)31st May 2001S.S.I. 2001/166
Schedule 7, Part I1st April 20012001/919
Schedule 7, Part II (in part)11th January 2001 and 1st April 20012000/3302 and 2001/919
Schedule 8 (in part)11th January 2001 and 1st April 20012000/3302 and 2001/919

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