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The Criminal Justice Act 1993 (Commencement No. 8) Order 1995
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Statutory Instruments
1995 No. 43 (c.3)
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, SCOTLAND
CRIMINAL LAW, NORTHERN IRELAND
The Criminal Justice Act 1993 (Commencement No. 8) Order 1995
Made
11th January 1995
In exercise of the powers conferred on me by section 78(3) and (4) of the Criminal Justice Act 1993(1), I hereby make the following Order:
1. This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 8) Order 1995.
2. The provisions of the Criminal Justice Act 1993 (“the 1993 Act”) referred to in the left–hand column of the Schedule to this Order (which relate to the matters described in the right–hand column of the Schedule) shall come into force on 3rd February 1995.
3.—(1) So far as relating to the following provisions of the 1993 Act, namely, sections 27 and 28, this Order extends to England and Wales only.
(2) So far as relating to section 24(12) to (15), this Order extends to Scotland only.
(3) So far as relating to the following provisions of the 1993 Act, namely—
(a)sections 36 to 43; and
(b)paragraph 3 and paragraph 17(2) to (3) and (6) to (7) of Schedule 5 and Schedule 6 so far as it relates to the Northern Ireland (Emergency Provisions) Act 1991(2),
this Order extends to Northern Ireland only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
11th January 1995
Article 2
SCHEDULEPROVISIONS OF THE CRIMINAL JUSTICE ACT 1993 COMING INTO FORCE ON 3RD FEBRUARY 1995
| Provisions of the Act | Subject matter of provisions |
|---|---|
| Section 24(12) to (15) | Miscellaneous amendments |
| Section 27 | Confiscation orders |
| Section 28 | Postponed determinations |
| Section 36 | Confiscation orders |
| Section 37 | Revised assessments |
| Section 38 | Statements, etc. relevant to making confiscation orders |
| Section 39 | Provision of information |
| Section 40 | Variation of confiscation orders |
| Section 41 | Availability of powers and satisfaction of orders |
| Section 42 | Defendant who has died or absconded |
| Section 43 | Compensation |
| Schedule 5, paragraphs 3 and 17(2), (3), (6) and (7) | Consequential amendments |
| Schedule 6, so far as it relates to sections 48(3) and 51(3) of the Northern Ireland (Emergency Provisions) Act 1991 | Repeals and Revocations |
Explanatory Note
(This note is not part of the Order)
This Order brings into force on 3rd February 1995 the provisions of the Criminal Justice Act 1993 specified in the Schedule to the Order.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
This Order has been preceded by the Criminal Justice Act 1993 (Commencement No. 1) Order 1993 (S.I. 1993/1968), the Criminal Justice Act 1993 (Commencement No. 2) (Transitional Provisions and Savings) (Scotland) Order 1993 (S.I. 1993/2035), the Criminal Justice Act 1993 (Commencement No. 3) Order 1993 (S.I. 1993/2734), the Criminal Justice Act 1993 (Commencement No. 4) Order 1994 (S.I. 1994/71), the Criminal Justice Act 1993 (Commencement No. 5) Order 1994 (S.I. 1994/242), the Criminal Justice Act 1993 (Commencement No. 6) Order 1994 (S.I. 1994/700) and the Criminal Justice Act 1993 (Commencement No. 7) Order 1994 (S.I. 1994/1951). The first of these Orders brought into force on two different dates, certain provisions of that Act for England and Wales. The second Order brought into force for Scotland section 67(1) of that Act on 16 August 1993. The third Order brought into force certain provisions of that Act on 1st December 1993 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland, Scotland and Northern Ireland and Northern Ireland only. The fourth Order brought into force certain provisions of that Act on 15 February 1994 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland and Northern Ireland. The fifth Order brought into force certain provisions of that Act on 1st March 1994 for, variously, the United Kingdom, Great Britain and Northern Ireland only. The sixth Order brought into force certain provisions of that Act on 1st April 1994 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland and Northern Ireland. The seventh Order brought into force section 72 of that Act on 22nd August 1994 for the United Kingdom, the Channel Islands and the Isle of Man.
The Tables below set out in chronological order the provisions of the Act brought into force by the Orders and the dates of coming into force of those provisions.
TABLE A
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR ENGLAND AND WALES ONLY BY S.I. 1993/1968, 1993/2734, 1994/71 AND 1994/700.
| Provision of the Act | Date of coming into force |
|---|---|
| Section 16 | 15th February 1994 |
| Section 18 | 1st April 1994 |
| Section 20(1) | 1st December 1993 |
| Section 21(2) | 1st December 1993 |
| Section 21(3)(a), (b) and (g) | 1st December 1993 |
| Section 22(1) | 1st December 1993 |
| Section 26(1) | 1st April 1994 |
| Section 65 | 20th September 1993 |
| Section 66 | 16th August 1993 |
| Section 67 | 16th August 1993 |
| Section 74 | 15th February 1994 |
| Section 79(14) (partially) | 20th September 1993 |
| Schedule 3 | 20th September 1993 |
| Schedule 4 (partially) | 1st April 1994 |
| Schedule 5 (partially) | 15th February 1994 |
| Schedule 6 (partially) | 20th September 1993 and 15th February 1994 |
TABLE B
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR SCOTLAND ONLY BY S.I. 1993/2035, 1993/2734, 1994/71 AND 1994/700.
| Provision of the Act | Date of coming into force |
|---|---|
| Section 17 | 15th February 1994 |
| Section 19 | 1st April 1994 |
| Section 20(2) | 1st December 1993 |
| Section 21(3)(c) and (d) | 1st December 1993 |
| Section 22(2) | 1st December 1993 |
| Section 26(2) | 1st April 1994 |
| Section 33 | 15th February 1994 |
| Section 67(1) | 16th August 1993 |
| Schedule 4 (partially) | 1st April 1994 |
| Schedule 5 (partially) | 15th February 1994 |
TABLE C
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM BY S.I. 1993/2734, 1994/71, 1994/242 AND 1994/700.
| Provision of the Act | Date of coming into force |
|---|---|
| Section 21(1) | 1st December 1993 |
| Section 21(3)(h) | 1st December 1993 |
| Section 23 | 1st December 1993 |
| Section 45 | 1st December 1993 |
| Section 46 | 1st December 1993 |
| Section 47 | 15th February 1994 |
| Section 48 | 1st April 1994 |
| Section 49 | 15th February 1994 |
| Section 50 | 1st April 1994 |
| Section 51 | 1st April 1994 |
| Section 52 | 1st March 1994 |
| Section 53 | 1st March 1994 |
| Section 54 | 1st March 1994 |
| Section 55 | 1st March 1994 |
| Section 56 | 1st March 1994 |
| Section 57 | 1st March 1994 |
| Section 58 | 1st March 1994 |
| Section 59 | 1st March 1994 |
| Section 60 | 1st March 1994 |
| Section 61 | 1st March 1994 |
| Section 62 | 1st March 1994 |
| Section 63 | 1st March 1994 |
| Section 64 | 1st March 1994 |
| Section 77 | 1st April 1994 |
| Section 78 | 15th February 1994 |
| Section 79(13) (partially) | 15th February 1994 and 1st March 1994 |
| Section 79(14) (partially) | 15th February 1994 and 1st March 1994 |
| Schedule 1 | 1st March 1994 |
| Schedule 2 | 1st March 1994 |
| Schedule 4 (partially) | 1st April 1994 |
| Schedule 5 (partially) | 1st March 1994 and 1st April 1994 |
| Schedule 6 (partially) | 15th February 1994 and 1st March 1994 |
TABLE D
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR GREAT BRITAIN ONLY BY S.I. 1993/2734, 1994/71, 1994/242 AND 1994/700.
| Provision of the Act | Date of coming into force |
|---|---|
| Section 21(3)(e) | 1st December 1993 |
| Section 29 | 15th February 1994 |
| Section 30 | 15th February 1994 |
| Section 31 | 15th February 1994 |
| Section 32 | 1st April 1994 |
| Section 34(1) | 1st December 1993 |
| Section 35 | 1st December 1993 |
| Section 73 | 1st December 1993 |
| Schedule 4 (partially) | 1st April 1994 |
| Schedule 5 (partially) | 1st February 1994 and 1st March 1994 |
| Schedule 6 (partially) | 1st March 1994 |
TABLE E
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR SCOTLAND AND NORTHERN IRELAND ONLY BY S.I. 1993/2734.
| Provision of the Act | Date of coming into force |
|---|---|
| Section 21(3)(f) | 1st December 1993 |
| Section 34(2) | 1st December 1993 |
TABLE F
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR NORTHERN IRELAND ONLY BY S.I. 1993/2734, 1994/71, 1994/242 and 1994/700.
| Provision of the Act | Date of coming into force |
|---|---|
| Section 44 | 1st December 1993 |
| Schedule 5 (partially) | 1st March 1994 and 1st April 1994 |
| Schedule 6 (partially) | 15th February 1994 and 1st March 1994 |
TABLE G
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM, THE CHANNEL ISLANDS AND THE ISLE OF MAN BY S.I. 1994/ 1951.
| Provision of the Act | Date of coming into force |
|---|---|
| Section 72 | 22 August 1994 |
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