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Statutory Instruments

2004 No. 2428 (C. 104)

CRIMINAL LAW, ENGLAND AND WALES

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 10) (England and Wales) Order 2004

Made

15th September 2004

In exercise of the powers conferred upon him by sections 64(4) and 68(3) of the Youth Justice and Criminal Evidence Act 1999(1) (“the 1999 Act”), the Secretary of State hereby makes the following Order:

Citation

1.  This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No.10) (England and Wales) Order 2004.

Appointed day

2.  The following provisions of the 1999 Act shall come into force on 7 October 2004 in England and Wales–

(a)section 46 (reports relating to adult witnesses);

(b)section 48(b) and (d) (amendments relating to reporting restrictions);

(c)sections 49 (offences under Chapter IV); 50 (defences) 51 (offences committed by bodies corporate or Scottish partnerships) and 52 (decisions as to public interest for the purposes of Chapter IV) in so far as they have effect for the purposes of sections 46 and 47 of the 1999 Act;

(d)section 67(3) and (4) in so far as they relate to the entries in Schedule 6 and 7 referred to in paragraphs (f) and (g) below;

(e)paragraphs 4 and 6 to 14 of Schedule 2 (reporting restrictions: miscellaneous amendments);

(f)in Schedule 6 (repeals) the entries relating to the Sexual Offences (Amendment) Act 1976(2) and the Sexual Offences (Amendment) Act 1992(3);

(g)paragraph 6 of Schedule 7 (transitional provisions and savings) in so far as it relates to section 46 of the 1999 Act.

Scotland of Asthal

Minister of State

Home Office

15th September 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 7 October 2004 section 46 of the Youth Justice and Criminal Evidence Act 1999 (“the 1999 Act”) which relates to restrictions on reporting of certain matters in relation to criminal proceedings in England and Wales.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Sections 1 to 15 (in so far as not already in force) and Schedule 126.06.002000/1587
Sections 16 to 2724.07.022002/1739
Section 2923.02.042004/299
Sections 30 to 3324.07.022002/1739
Sections 34 and 3504.09.022000/2091
Sections 36 and 3724.07.022002/1739
Sections 38 to 4004.09.002000/2091
Sections 41 to 4304.12.002000/3075
Section 4724.07.022002/1739
Sections 53 to 5724.07.022002/1739
Section 5801.04.032003/707
Sections 59 (as to England Wales and Northern Ireland) and 6014.04.002000/1034
Section 67(1) and Schedule 4, (partially)

14.04.00

26.06.00

24.07.02

2000/1034

2000/1587

2002/1739

Section 67(2) and Schedule 501.01.001999/3427
Section 67(3) (partially) and Schedule 6 (partially)

01.04.00

14.04.00

04.09.00

04.12.00

24.07.02

1999/3427

2000/1034

2000/2091

2000/3075

2002/1739

Section 67(4) and Schedule 7 (partially)

26.06.00

04.09.00

04.12.00

24.07.02

01.04.03

2000/1587

2000/2097

2000/3075

2002/1739

2003/707