The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 14) (England and Wales) Order 2015

Statutory Instruments

2015 No. 818 (C. 50)

Criminal Law, England And Wales

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 14) (England and Wales) Order 2015

Made

19th March 2015

The Secretary of State makes the following Order in exercise of the power conferred by section 68(3) of the Youth Justice and Criminal Evidence Act 1999(1):

Citation and interpretation

1.—(1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 14) (England and Wales) Order 2015.

(2) In this Order “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999.

Provisions coming into force on 13th April 2015

2.  The following provisions of the 1999 Act come into force in England and Wales on 13th April 2015—

(a) section 45 (power to restrict reporting of criminal proceedings involving persons under 18), insofar as it applies to England and Wales;

(b) section 48(a) (amendments relating to other reporting restrictions);

(c) section 49(2) (offences under Chapter IV), in so far as it has effect for the purposes of sections 45 and 45A(3) of the 1999 Act;

(d) section 50(4) (defences), in so far as it has effect for the purposes of sections 45 and 45A of the 1999 Act;

(e) section 51 (offences committed by bodies corporate), in so far as it as effect for the purposes of sections 45 and 45A of the 1999 Act;

(f) section 52 (decisions as to the public interest) in so far as it has effect for the purposes of sections 45 and 45A of the 1999 Act;

(g) in Schedule 2(5) (reporting restrictions: miscellaneous amendments)—

(i) paragraph 1; and

(ii) paragraph 3, except for paragraph 3(9)(6); and

(h) in Schedule 7 (transitional provisions and savings), paragraphs 1 and 6(7), in so far as they have effect for the purposes of section 45 of the 1999 Act.

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

19th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings provisions of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the 1999 Act”) about reporting restrictions relating to under 18 year olds in criminal proceedings in England and Wales into force on 13th April 2015.

Article 2(a) brings into force section 45 of the 1999 Act which permits courts in certain criminal proceedings to restrict the publication of identifying information about any person under the age of 18.

Article 2(c) to (f) bring into force sections 49 to 52 of the 1999 Act, which make provision about the making of, and breaches of, reporting restrictions, insofar as those provisions apply to orders under section 45 of the 1999 Act, and under section 45A of that Act (lifetime reporting restrictions in criminal proceedings for witnesses and victims under 18) which is inserted into the 1999 Act by section 78 of the Criminal Justice and Courts Act 2015 (c. 2) and also comes into force on 13th April 2015.

Article 2(b) and (g) bring into force paragraphs 1 and 3 of Schedule 2 of the 1999 Act which amends section 49 the Children and Young Persons Act 1933 (c. 12) (provision about reporting restrictions arrangements in certain youth and magistrates’ court proceedings).

Article 2(h) commences paragraphs 1 and 6 of Schedule 7, which make transitional provision, in so far as they apply to section 45 of the 1999 Act, so that the provisions of that section are not applicable in relation to proceedings instituted before the commencement of the section.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Youth Justice and Criminal Evidence Act 1999 (c. 23) have been brought into force by commencement order made before the date of this Order:

Provision	Date of Commencement	S.I. No.
Sections 1 to 15 (in so far as not already in force) and Schedule 1	26.06.2000	2000/1587
Sections 16 to 27	24.07.2002	2002/1739
Section 28 (partially)	30.12.2013	2013/3236
Section 29	23.02.2004	2004/299
Sections 30 to 33	24.07.2002	2002/1739
Sections 34 and 35	04.09.2000	2000/2091
Sections 36 and 37	24.07.2002	2002/1739
Sections 38 to 40	04.09.2000	2000/2091
Sections 41 to 43	04.12.2000	2000/3075
Section 46	07.10.2004	2004/2428
	07.10.2004	S.S.I. 2004/408
	08.11.2004	S.R. 2004/467
Section 47	24.07.2002	2004/1739
	07.10.2004	S.S.I. 2004/408
	08.11.2004	S.R. 2004/467
Section 48 (partially)	07.10.2004	2004/2428
	08.11.2004	S.R. 2004/467
Sections 49 to 52 (in so far as they have effect for the purposes of sections 46 and 47)	07.10.2004	2004/2428
	07.10.2004	S.S.I. 2004/408
	08.11.2004	S.R. 2004/467
Sections 53 to 57	24.07.2002	2002/1739
Section 58	01.04.2003	2003/707
Sections 59 (as to England, Wales, and Northern Ireland) and 60	14.04.2000	2000/1034
Section 61(2)	06.12.2006	2006/2885
Section 67(1) and Schedule 4 (partially)	14.04.2000	2000/1034
	26.06.2000	2000/1587
	24.07.2002	2002/1739
Section 67(2) and Schedule 5	01.01.2000	1999/3427
Section 67(3) (partially) and Schedule 6 (partially)	01.04.2000	1999/3427
	14.04.2000	2000/1034
	04.09.2000	2000/2091
	04.12.2000	2000/3075
	24.07.2002	2002/1739
	07.10.2004	2004/2428
	07.10.2004	S.S.I. 2004/408
	08.11.2004	S.R. 2004/467
	06.12.2006	2006/2885
Section 67(4) and Schedule 7 (partially)	26.06.2000	2000/1587
	04.09.2000	2000/2091
	04.12.2000	2000/3075
	24.07.2002	2002/1739
	01.04.2003	2003/707
	07.10.2004	2004/2428
	07.10.2004	S.S.I. 2004/408
	08.11.2004	S.R. 2004/467
Schedule 2 (partially)	07.10.2004	2004/2428
	07.10.2004	S.S.I. 2004/408
Schedule 6 (partially)	06.12.2006	2006/2885

(1)

1999 c. 23.

(2)

Section 49 is amended by section 78(3) and section 80(b) of the Criminal Justice and Courts Act 2015 (c. 2).

(3)

Section 45A is inserted by section 78(2) of the Criminal Justice and Courts Act 2015 (c. 2).

(4)

Section 50 is amended by section 78(4) of the Criminal Justice and Courts Act 2015 (c. 2).

(5)

Schedule 2 is amended by section 79(11) of the Criminal Justice and Courts Act 2015 (c. 2).

(6)

Schedule 2, paragraph 3, is amended by Schedule 9, paragraph 205 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

(7)

Schedule 7, paragraph 6, is amended by Schedule 16, paragraph 161 of the Armed Forces Act 2006 (c. 52).