2004 No. 2167 (C. 90 )

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Commencement No. 14) Order 2004

Made

In exercise of the powers conferred upon me by section 171(1) and (2) of the Criminal Justice Act 19881 (“the 1988 Act”), I hereby make the following Order:

1

This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 14) Order 2004.

2

Subject to article 3, subsections (1)(a) and (3) of section 32 of the 1988 Act, so far as they are not already in force, shall come into force on 1st September 2004 in so far as they relate to proceedings to which subsection (1A)(a) of section 32 applies2.

3

1

This Order shall not apply if the trial, appeal or the hearing, as the case may be, has begun before 1st September 2004.

2

For the purposes of this Order, the start of the trial shall be taken to occur at the time when the jury are sworn.

3

The reference in paragraph (2) to the time when the jury are sworn includes the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003 3 (trials on indictment without a jury).

Fiona MctaggartParliamentary Under-Secretary of StateHome Office

(This note is not part of the Order)

This Order brings into force on 1st September 2004 sections 32(1)(a) and (3) of the Criminal Justice Act 1988 for the purposes of trials on indictment, appeals to the Criminal Division of the Court of Appeal and hearings of references under section 9 of the Criminal Appeal Act 1995. The effect of the Order is to enable evidence to be given in these proceedings through a live television link where the witness is outside the United Kingdom.

(This note is not part of the Order)

The following provisions of the Criminal Justice Act 1988 have been brought into force by commencement order made before the date of this Order–

Provision

Date of Commencement

S.I.No.

Section 123, Schedule 8, sections 125 to 128, Schedule 10, section 170(1) (partially), section 170(2) (partially), Schedule 15 (partially) and Schedule 16 (partially)

1.10.1988

1988/1408

Sections 33, 34, 37 to 39, 40 to 42, 49, 51 to 57, 59, 63, 70, 96, 97, 104 to 107, 121, 122, 131 to 133, 145, 147, 148, 155 to 157, 163 to 165, 170(1) (partially), 170(2) (partially), Schedule 11, Schedule 12, Schedule 15 (partially) and Schedule 16 (partially)

12.10.1998

1988/1676

Section 124 and Schedule 9, section 170(2) (partially), and Schedule 16 (partially)

1.11.1988

1988/1817

Sections 32 (partially), 50, 60 to 62, 118, 120, 130, 152 to 154, 170(1) (partially), 170(2) (partially), Schedule 15 (partially), Schedule 16 (partially)

5.1.1989

1988/2073

Sections 35 and 36, section 170(1) (partially), Schedule 3, Schedule 15 (partially)

1.2.1989

1989/1

Section 103, Schedule 5 (partially), section 170(2) (partially), Schedule 16 (partially)

23.1.1989

1989/50

Part II and Schedule 2, sections 30 and 31, Part VI (partially), section 151(5), Schedule 5 (partially), Schedule 15 (partially) and Schedule 16 (partially)

3.4.1989

1989/264

Section 43, section 146 and Schedule 13, sections 159, 170(1) (partially) and 170(2) (partially), Schedule 15 (partially) and Schedule 16 (partially)

31.7.1989

1989/1085

Section 119

15.2.1990

1989/1085

Section 1(9) (partially) and Part II of Schedule 1

26.9.1989

1989/1595

Section 29 (partially)

12.3.1990

1990/220

Sections 22 and 65

5.6.1990

1990/1145

Section 32 (partially)

22.10.1990

1990/2084

Section 170(2) (partially) and Schedule 16 (partially)

1.1.2000

1999/3425