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Statutory Instruments

2005 No. 579 (C.26)

CRIMINAL LAW

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 1) Order 2005

Made

9th March 2005

The Secretary of State, in exercise of the powers conferred upon him by sections 60 and 61 of the Domestic Violence, Crime and Victims Act 2004(1) hereby makes the following Order:

Citation

1.  This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 1) Order 2005.

Commencement

2.  The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 21st March 2005—

(a)sections 5, 6, 7 and 8 (causing or allowing the death of a child or vulnerable adult);

(b)section 58(1) (amendments and repeals) in so far as it relates to the paragraphs of Schedule 10 in paragraph (c) below;

(c)paragraphs 2, 7, 16, 24, 26 to 27, 29, 33, 54, 56, 59 and 65 to 66 of Schedule 10 (minor and consequential amendments);

(d)section 58(2) (amendments and repeals) in so far as it relates to the entries in Schedule 11 in paragraph (e) below;

(e)in Schedule 11 (repeals), the entries relating to:

(i)the Coroners Act 1988; and

(ii)the Law Reform (Year and a Day Rule) Act 1996;

(f)section 59 (transitionals and transitory provisions) in so far as it relates to the paragraph of Schedule 12 in paragraph (g) below; and

(g)paragraph 2 of Schedule 12.

3.  The following provisions of the Domestic Violence, Crime and Victims Act 2004 shall come into force on 31st March 2005—

(a)section 11 (common assault etc as alternative verdict);

(b)sections 22 to 26 and Schedules 2 and 3 (unfitness to plead and insanity);

(c)section 28 (disclosure orders for purpose of executing warrants);

(d)section 29 and Schedule 5 (procedure on breach of community penalty etc);

(e)section 31 and Schedule 6 (intermittent custody);

(f)section 58(1) (amendments and repeals) in so far as it relates to the paragraphs of Schedule 10 in paragraph (h) below;

(g)paragraphs 1, 3 to 6, 8, 12, 14, 17 to 23, 25, 31 to 32, 45 to 46, 57 to 58 and 60 to 61 of Schedule 10 (minor and consequential amendments);

(h)section 58(2) (amendments and repeals) in so far as it relates to the entries in Schedule 11 in paragraph (j) below;

(i)in Schedule 11 (repeals), the entries relating to:

(i)the Criminal Procedure (Insanity) Act 1964;

(ii)the Criminal Appeal Act 1968;

(iii)the Courts-Martial (Appeals) Act 1968;

(iv)the Juries Act 1974;

(v)the Supreme Court Act 1981;

(vi)the Mental Health Act 1983;

(vii)the Prosecution of Offences Act 1985;

(viii)the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991;

(ix)the Armed Forces Act 1996;

(x)the Crime (Sentences) Act 1997; and

(xi)the Sexual Offences Act 2003;

(j)section 59 (transitionals and transitory provisions) in so far as it relates to the paragraphs of Schedule 12 in paragraph (l) below; and

(k)paragraphs 8 and 9 of Schedule 12.

Scotland of Asthal, Q.C.

Minister of State

Home Office

9th March 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force the provisions of the Domestic Violence, Crime and Victims Act 2004 set out in article 2 on 21st March 2005 and brings into force the provisions of that Act set out in article 3 on 31st March 2005.