The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005
| Jurisdiction | UK Non-devolved |
(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005.(2) In this Order—(1) Subject to (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(1) The provisions of the 2003 Act specified in paragraph (2) shall come into force on 18th April 2005.section 96 (application of Part 10 to Northern Ireland) ;Part 2 of Schedule 5 (list of offences for Northern Ireland) ;in Schedule 36 (further minor and consequential amendments) , paragraphs 91, 92(6) and 94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) Section 18 (bail: appeal by prosecution) .(2) In relation to England and Wales, sections 32, 33(2) , 36 to 38, and 39 except in so far as it inserts new section 11(4) , (7) and (11) of the Criminal Procedure and Investigations Act 1996 (3) Section 41 (allocation of offences triable either way) in so far as it relates to the provisions referred to in paragraph 29.(4) Sections 57 to 61, 67 to 72 and 74 (prosecution appeals) .(5) Sections 75 to 92, 94 and 95 (retrial for serious offences) .(6) Sections 114 to 131 and 133 to 136 (hearsay evidence) .(7) Sections 142 to 150, 152, 153, 156 to 160, 162 to 166, 174 and 175 (general provisions about sentencing) (in the case of sections 158, 159 and 174 in so far as they are not already in force) .(8) Sections 177, 179 and 180 (community orders) .(9) Sections 189 to 194 (suspended sentences) (10) Section 195 (interpretation) in so far as it is not already in force.(11) Section 196(1) (a) and (c) (meaning of relevant order) .(12) Sections 197 and 198 (responsible officers) in so far as they are not already in force.(13) Sections 199 to 204(1) to (3) and (6) , and 205 to 213(1) to (3) (a) and (d) (requirements available in case of all offenders) in so far as they are not already in force.(14) Section 214 (requirements available only in case of offenders aged under 25) in so far as it is not already in force.(15) Section 215 (electronic monitoring) in so far as it is not already in force.(16) Sections 216(1) and 217 to 220 (provisions applying to relevant orders generally) in so far as they are not already in force.(17) Section 221 (provision of attendance centres) in so far as it is not already in force.(18) Sections 224 to 236 (dangerous offenders) .(19) Sections 237 to 244(1) , (2) and (3) (a) and (d) , 246 to 250(1) and (4) to (7) , 252 to 257 (except 257(2) (c) ) , 258 to 261, 263, 264 (1) to (3) , (6) and (7) , 265, and 268 (release on licence) , in so far as they are not already in force.(20) Section 278 and Schedule 23 (deferment of sentence) .(21) Section 302 (execution of process between England and Wales and Scotland) in so far as it is not already in force.(22) Section 303(a) , (c) and (d) (sentencing: repeals) .(23) Section 304 (amendments relating to sentencing) in so far as it relates to the provisions referred to in paragraph 42.(24) Section 305 (interpretation of Part 12) in so far as it is not already in force.(25) Sections 308 to 312, 315 and 319 (miscellaneous provisions about criminal proceedings) .(26) Section 331 (further minor and consequential amendments) in so far as it relates to the provisions referred to in paragraph 43.(27) Section 332 (repeals) in so far as it relates to the provisions referred to in paragraph 44.(28) Section 333(6) (supplementary and consequential provision) in so far as it relates to the provision referred to in paragraph 45.in so far as it inserts new section 51A of the Crime and Disorder Act 1988 in so far as it inserts new sections 51D and 51E, in relation to cases sent under 51A(3) (d) of that Act;paragraph 23 in so far as it inserts new section 3C of the Sentencing Act paragraphs 27 and 28 in relation to cases committed under section 3C of the Sentencing Act.(30) Parts 1 and 3 of Schedule 5 (qualifying offences for purposes of Schedule 10) .(31) Schedule 7 (hearsay evidence: armed forces) .(32) Schedule 8 (breach, revocation or amendment of community order) (33) Schedule 9 (transfer of community orders to Scotland or Northern Ireland) .(34) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction) .(35) Schedule 13 (transfer of suspended sentence orders to Scotland or Northern Ireland) .(36) Schedule 14 (persons to whom copies of requirements to be provided in particular cases) in so far as it is not already in force.(37) Schedule 15 (specified offences for purposes of Chapter 5 of Part 12) .(38) Schedule 16 (Scottish offences specified for the purposes of section 229(4) ) .(39) Schedule 17 (Northern Ireland offences specified for the purposes of section 229(4) ) .(40) Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) .(41) Schedule 19 (parole board: supplementary provisions) in so far as it is not already in force.The following paragraphs of Schedule 32 (amendments relating to sentencing) .Paragraph 1 (Piracy Act 1837 (c. 88) ) .Paragraph 2 (Children and Young Persons Act 1933 (c. 12) ) .Paragraph 3 (Prison Act 1952 (c. 52) ) .Paragraphs 4 to 6 (Criminal Justice Act 1967 (c. 80) ) .Paragraphs 7 to 10 (Criminal Appeal Act 1968 (c. 19) ) .Paragraphs 12 (in so far as it is not already in force) and 13 (Firearms Act 1968 (c. 27) ) .Paragraph 14 (Social Work (Scotland) Act 1968 (c. 49) ) .Paragraph 15 (Children and Young Persons Act 1969 (c. 54) ) .Paragraph 16 (Immigration Act 1971 (c. 77) ) .Paragraph 18 (Rehabilitation of Offenders Act 1974 (c. 53) ) .Paragraphs 20 to 23 (Bail Act 1976 (c. 3) ) .Paragraph 24 (Criminal Law Act 1977 (c. 45) ) .Paragraphs 25, 26 and 30 (Magistrates' Courts Act 1980 (c. 43) .Paragraph 31 (Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) ) .Paragraph 32 (Public Passenger Vehicles Act 1981 (c. 14) ) .Paragraphs 34 to 36 (Criminal Justice Act 1982 (c. 47) ) .Paragraphs 37 to 39 (Mental Health Act 1983 (c. 20) ) .Paragraphs 40, 41, and 43 in so far as it is not already in force (Repatriation of Prisoners Act 1984 (c. 47) ) .Paragraph 44 (Police and Criminal Evidence Act 1984 (c. 60) ) .
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