Statutory Instruments
Criminal Law, England And Wales
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):
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.
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
(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.
(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 |
Section 49 is amended by section 78(3) and section 80(b) of the Criminal Justice and Courts Act 2015 (c. 2).
Section 45A is inserted by section 78(2) of the Criminal Justice and Courts Act 2015 (c. 2).
Section 50 is amended by section 78(4) of the Criminal Justice and Courts Act 2015 (c. 2).
Schedule 2 is amended by section 79(11) of the Criminal Justice and Courts Act 2015 (c. 2).
Schedule 2, paragraph 3, is amended by Schedule 9, paragraph 205 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Schedule 7, paragraph 6, is amended by Schedule 16, paragraph 161 of the Armed Forces Act 2006 (c. 52).