The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force provisions of the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”).

The provisions of the 2009 Act set out in the Schedule come into force on 6th April 2010. These include criminal law provisions relating to a new offence of possession of prohibited images of children in England and Wales and Northern Ireland (sections 62 to 68 and Schedule 13); provisions extending the defence relating to marriage and other relationships in respect of the offences of making and possessing indecent photographs of a child in England and Wales and Northern Ireland so as to include indecent pseudo-photographs of a child (section 69); provisions relating to the offences of genocide, crimes against humanity and war crimes in the International Criminal Court Act 2001 (c. 17), providing for retrospective application of certain offences and making supplemental provision about the meaning of United Kingdom resident in that Act (section 70); and provisions relating to a new offence of slavery, servitude and forced or compulsory labour in England and Wales and Northern Ireland (section 71).

The provisions set out in the Schedule also include provisions amending the Serious Organised Crime and Police Act 2005 (c. 15) in respect of offenders who assist investigations and prosecutions (section 113); provisions concerning the new Sentencing Council for England and Wales (sections 118 to 136 and Schedule 15); provisions amending the Courts Act 2003 (c. 39) and the Justice (Northern Ireland) Act 2004 (c. 4) in respect of the retention of knives that have been surrendered to, or seized by, a court security officer (sections 146 and 147); provisions creating a new civil scheme under which certain courts in the United Kingdom may make an exploitation proceeds order in respect of qualifying offenders who have received exploitation proceeds from a relevant offence (sections 155 to 172 and Schedule 19); and provisions amending the Data Protection Act 1998 (c. 29) to enable the Information Commissioner to serve an assessment notice in order to carry out an assessment to determine whether a data controller has complied or is complying with the data protection principles (section 173) and to make consequential amendments in relation to assessment notices, enhance the Information Commissioner’s investigatory powers and make further provisions related to those investigatory powers (section 175 and Schedule 20).

Article 3 brings sections 74 to 83 and 85 into force only in respect of England and Wales on 6th April 2010. These provisions relate to investigation anonymity orders.

Article 4 brings into force certain repeals relating to the Police and Criminal Evidence Act 1984 (c. 60) and section 57C of the Crime and Disorder Act 1998 (c. 37) in respect of the local justice areas listed in article 4(2). The repeals relate to live links and come into force on 6th April 2010.

Articles 5 and 6 bring into force provisions relating to murder and infanticide in England and Wales only on 4th October 2010. These provisions amend the Homicide Act 1957 (c. 11) in respect of the partial defence to murder of diminished responsibility in England and Wales (section 52); replace the common law partial defence to murder of provocation in England and Wales with the new partial defence of loss of control (sections 54 to 56); and amend the Infanticide Act 1938 (c. 36) so that the offence and defence of infanticide in England and Wales can only apply in circumstances where the relevant conduct would otherwise amount to the offence of murder or manslaughter (section 57).

Article 7 makes transitional and saving provision. Paragraphs (1) and (5), relating to the commencement of section 125(1), have the effect that guidelines of the Sentencing Guidelines Council existing immediately before 6th April 2010 are to be treated as guidelines issued by the Sentencing Council for England and Wales. By virtue of paragraph 27 of Schedule 22 to the 2009 Act, section 125 (duty to follow sentencing guidelines) has no effect in relation to the sentencing of persons for offences committed before 6th April 2010. Paragraphs (2) to (4) have the effect that certain repeals and minor and consequential amendments do not apply in relation to the sentencing of an offender for an offence committed before 6th April 2010 (in the case of paragraphs (2) and (3)) or before 4th October 2010 (in the case of paragraph (4)).