The Criminal Procedure and Investigations Act 1996 (Appointed Day No. 1) Order 1996

Statutory Instruments

1996 No. 2343 (C. 60)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Procedure and Investigations Act 1996 (Appointed Day No. 1) Order 1996

Made

7th September 1996

The Secretary of State, in exercise of the powers conferred on him by sections 43(2), 48(5), 50(3), 53(3), 70(3), 71(6), 77(2) and (4) of the Criminal Procedure and Investigations Act 1996(1), hereby makes the following Order:

1.  This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Appointed Day No. 1) Order 1996.

2.  1st October 1996 is hereby appointed for the purposes of sections 48, 50, 53, 70 and 71 of the Criminal Procedure and Investigations Act 1996 ( “the Act”).

3.—(1) 1st October 1996 is hereby appointed for the purposes of section 43 of the Act (which relates to the application of Part IV of the Act).

(2) This article extends to England and Wales and Scotland only.

Home Office

Michael Howard

One of Her Majesty’s Principal Secretaries of State

7th September 1996

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st October 1996 for the purposes of sections 43 (which relates to the application of Part IV of the Act and concerns pre-trial hearings), 48 (non-appearance of accused: issue of warrant), 50 (enforcement of payment of fines), 53 (attachment of earnings), 70 (indemnification of justices and justices' clerks) and 71 (meaning of preliminary stage of criminal proceedings) of the Criminal Procedure and Investigations Act 1996 ( “the Act”).

The appointment of 1st October 1996 for the purposes of section 43 (which relates to the application of Part IV of the Act) extends to England and Wales and Scotland (with respect to sections 41 and 42 concerning restrictions on reporting and offences in connection with reporting) only.

Sections 48, 50, 53 and 71 extend to England and Wales only.

Section 70 extends to England and Wales and Northern Ireland and has effect in its application to Northern Ireland subject to the modifications set out in paragraph 30 of Schedule 4 to the Act.

The provisions specified in articles 2 and 3 of this Order apply—

(a) in the case of Part IV, in relation to pre-trial hearings beginning on or after 1st October 1996 (section 43(1));

(b) in the case of section 48, where the court proposes to issue a warrant on or after 1st October 1996 (section 48(4));

(c) in the case of section 50, where the clerk proposes to take proceedings on or after 1st October 1996 (section 50(2));

(d) in the case of section 53, in relation to fines imposed in respect of, or compensation orders made on convictions for, offences committed on or after 1st October 1996 (section 53(2));

(e) in the case of section 70, in relation to things done or omitted on or after 1st October 1996 (section 70(2));

(f) in the case of section 71, in relation to any time limit which begins to run on or after, or which has begun to run and has not expired before, 1st October 1996, except that it does not apply in relation to proceedings for an offence for which the accused has been duly arraigned in the Crown Court before 1st October 1996 (section 71(5)).

(1)

1996 c. 25.