The Criminal Justice Act 2003 (Commencement No. 2 and Saving Provisions) Order 2004

1.—(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 2 and Saving Provisions) Order 2004.

(2) In this Order—

“the 2003 Act” means the Criminal Justice Act 2003;

“the 2000 Act” means the Terrorism Act 2000(1).

2.—(1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 20th January 2004.

(2) The provisions referred to in paragraph (1) are—

(a) sections 1, 2, 4, 6 to 8, 11 and 12 and Schedule 1 (amendments of the Police and Criminal Evidence Act 1984(2));

(b) sections 294 to 297 (offenders transferred to mental hospital);

(c) section 306 (limit on period of detention without charge of suspected terrorists);

(d) section 320 (offence of outraging public decency triable either way);

(e) section 329 (civil proceedings for trespass to the person brought by offender);

(f) section 332 (repeals) in so far as it relates to the entries in Schedule 37 referred to in sub-paragraph (g); and

(g) in Part 1 of Schedule 37 (repeals) the entries relating to—

(i) the Police and Criminal Evidence Act 1984 save for the reference to section 63(3)(a) of that Act;

(ii) the Criminal Justice and Public Order Act 1994(3);

(iii) the Armed Forces Act 2001(4); and

(iv) the Police Reform Act 2002(5).

(3) The commencement of section 306 of the 2003 Act does not alter the period of time that may be authorised by a warrant of further detention under Part III of Schedule 8 to the 2000 Act in relation to a person—

(a) arrested before 20th January 2004 under section 41 of the 2000 Act; or

(b) arrested on or after 20th January 2004 under section 41 of the 2000 Act if at the time of that arrest he was detained under Schedule 7 to that Act and his examination under that Schedule began before 20th January 2004.

3.—(1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 22nd January 2004.

(2) The provisions referred to in paragraph (1) are—

(a) section 42 (mode of trial for certain firearms offences: transitory arrangements);

(b) sections 287 to 293 (firearms offences) and Schedule 29 (sentencing for firearms offences in Northern Ireland);

(c) section 304 in so far as it relates to the provisions referred to in sub-paragraph (d); and

(d) in Part 1 of Schedule 32 (amendments relating to sentencing), paragraphs 48 to 50.

4.—(1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 29th January 2004.

(2) The provisions referred to in paragraph (1) are—

(a) section 3 (arrestable offences);

(b) section 25 (code of practice);

(c) section 28 and Schedule 2 (charging or release of persons in police detention), except new section 37B(8) and (9)(a) of the Police and Criminal Evidence Act 1984(6);

(d) section 31 (removal of requirement to substantiate information on oath);

(e) section 49 (rules of court);

(f) section 55 (rules of court);

(g) section 73 (rules of court);

(h) section 93 (rules of court);

(i) section 111 (rules of court);

(j) section 132 (rules of court);

(k) section 284 and Schedule 28 (increase in penalties for drug-related offences);

(l) section 286 (increase in penalties for offences under section 174 of the Road Traffic Act 1988(7);

(m) section 328 (criminal record certificates: amendments of Part 5 of Police Act 1997(8)) in so far as it relates to the entries in Schedule 35 referred to in sub-paragraph (o);

(n) section 332 (repeals) in so far as it relates to the entries in Schedule 37 referred to in sub-paragraph (p);

(o) in Schedule 35 (criminal record certificates: amendments of Part 5 of the Police Act 1997)—

(i) paragraphs 1, 2, 3(1), (2)(b) and (c), 4(1), (2)(b) and (c), 7, 10 and 11; and

(ii) for the purpose of making regulations only, paragraphs 4(3) and 5; and

(p) in Part 11 of Schedule 37 (repeals), the entry relating to section 120(3) of the Police Act 1997.

5.—(1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 27th February 2004.

(2) The provisions referred to in paragraph (1) are—

(a) sections 167, 168(3) to (5), and 169 to 173 (sentencing and allocation guidelines);

(b) section 285 (increase in penalties for certain driving-related offences);

(c) section 332 (repeals) in so far as it relates to the entry in Schedule 37 referred to in sub-paragraph (e);

(d) section 324 and Schedule 34 (parenting orders and referral orders);

(e) in Part 7 of Schedule 37 (repeals), the entry relating to sections 80 and 81 of the Crime and Disorder Act 1998(9);

(f) section 333(6) (supplementary and consequential provision etc) in so far as it relates to the provisions referred to in sub-paragraph (g); and

(g) in Schedule 38 (transitory, transitional and saving provisions), paragraphs 2 and 3.

Scotland of Asthal

Minister of State

Home Office

15th January 2004