The Criminal Justice Act 2003 (Commencement No. 24 and Transitional Provisions) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force those provisions of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”) set out in articles 2 and 3.

Article 2 brings into force sections 51 to 54 and 56 of the 2003 Act on 26th April 2010 so far as those sections are not already in force. Those sections enable the courts in certain criminal proceedings to direct that a witness, other than the defendant, may give evidence through a live link.

Those sections are already in force in relation to proceedings in the Crown Court for certain sexual offences that began on or after 7th December 2007. This Order brings the sections into force in relation to all other proceedings in the Crown Court and in relation to summary trials, appeals to the Court of Appeal, hearings in the Court of Appeal following a reference by the Criminal Cases Review Commission, hearings in the magistrates’ court following a plea of guilty and retrials for serious offences beginning on or after 26th April 2010.

Article 3 brings into force section 34 of the 2003 Act and section 39 of the 2003 Act so far as it inserts section 11(4) and (7) of the Criminal Procedure and Investigations Act 1996 (c. 25) (“the 1996 Act”) in relation to England and Wales on 1st May 2010.

Section 34 inserts section 6C (notification of intention to call defence witnesses) into the 1996 Act. This provides that an accused in criminal proceedings must give to the court and the prosecutor a notice indicating whether he or she intends to call any persons (other than himself or herself) as witnesses at his or her trial.

Section 39 substitutes a new section 11 into the 1996 Act. This Order brings into force section 11(4) and (7), providing that the sanctions in section 11 of the 1996 Act apply to failures of disclosure in respect of notices required under section 6C of the 1996 Act. This leaves only subsection (11) of section 11 yet to be commenced.