The Criminal Procedure and Investigations Act 1996 (Appointed Day No. 3) Order 1997

Statutory Instruments

1997 No. 682 (C. 25)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

The Criminal Procedure and Investigations Act 1996 (Appointed Day No. 3) Order 1997

Made

8th March 1997

The Secretary of State, in exercise of the powers conferred on him by sections 1(5), 51(3), 61(2), 63(4) and 69(3) of the Criminal Procedure and Investigations Act 1996(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Appointed Day No. 3) Order 1997.

(2) Subject to article 2(2) below, this Order extends to England and Wales and Scotland only.

2—(1) 1st April 1997 is hereby appointed for the purposes of—

(a) Part I of, and

(b) sections 51, 61, 63 and 69 of,

the Criminal Procedure and Investigations Act 1996 (“the Act”).

(2) Sub-paragraph (a) and, so far as it relates to sections 51 and 69 of the Act, sub-paragraph (b) of paragraph (1) above extend to England and Wales only.

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Home Office

8th March 1997

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st April 1997 for the purposes of Part I and sections 51, 61, 63 and 69 of the Criminal Procedure and Investigations Act 1996.

The appointment of 1st April 1997 for the purposes of sections 61 and 63 extends to England and Wales and Scotland only. The appointment of that date for the purposes of Part I and section 69 extends to England and Wales only. Section 51 extends to England and Wales only.

The provisions specified in article 2(1) of this Order apply—

(a) in the case of Part I (disclosure), in relation to alleged offences into which no criminal investigation has begun before 1st April 1997 (section 1(3));

(b) in the case of section 51 (summons to witness and warrant for his arrest), in relation to any proceedings for whose purposes no summons or warrant has been issued before 1st April 1997 (section 51(2));

(c) in the case of section 61 (which relates to the application of section 58 and concerns the reporting of derogatory assertions), where the offence in question is committed on or after 1st April 1997 (section 61(1));

(d) in the case of section 63 (road traffic and transport: provision of specimens), where it is proposed to make a requirement as to the provision of blood or urine after 1st April 1997 (section 63(3));

(e) in the case of section 69 (proof by written statement), in relation to statements tendered in evidence on or after 1st April 1997 (section 69(2)).

(1)

1996 c. 25.