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The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017
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Statutory Instruments
2017 No. 525 (C. 48)
Criminal Law, England And Wales
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017
Made
5th April 2017
The Secretary of State makes the following Order in exercise of the powers conferred by section 77(1), (4) and (8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1).
Citation and interpretation
1.—(1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017.
(2) In this Order—
“the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
“alcohol abstinence and monitoring requirement” has the same meaning as in Part 12 of the Criminal Justice Act 2003(2).
Coming into force of section 76 of the Act
2. Subject to articles 3 and 4(1), section 76 of the Act (alcohol abstinence and monitoring requirement) comes into force on 1st May 2017 for all purposes other than application by the Armed Forces Act 2006(3).
Areas in relation to which section 76 of the Act is in force
3. Section 76 of the Act comes into force in relation to the following local justice areas(4)—
(a)Humber;
(b)Lincolnshire, and
(c)North Yorkshire.
Period for which section 76 of the Act is in force
4.—(1) Subject to paragraph (2), section 76 of the Act, in so far as it is brought into force by article 2, ceases to have effect at the end of 30th April 2019.
(2) Paragraph (1) does not affect the continued application after that date of an alcohol abstinence and monitoring requirement imposed by a court during the period mentioned in that paragraph.
Elizabeth Truss
Secretary of State
Ministry of Justice
5th April 2017
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) from 1st May 2017 until the end of 30th April 2019, in the three local justice areas specified in article 3. Section 76 inserts section 212A of the Criminal Justice Act 2003 (c. 44), which gives a court a power to impose an alcohol abstinence and monitoring requirement as part of a community order or suspended sentence order. Article 4(2) provides that any requirement imposed before the end of 30th April 2019 (when section 76 ceases to be in force) may continue to have effect after that time.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 18 | 1st April 2013 | 2013/453 |
| Section 19 (except subsection (4)) | 1st April 2013 | 2013/453 |
| Sections 20 to 37 | 1st April 2013 | 2013/453 |
| Section 38 (except subsection (2)) | 1st April 2013 | 2013/453 |
| Section 38(2) | 4th March 2013 | 2013/453 |
| Sections 39 to 43 | 1st April 2013 | 2013/453 |
| Section 44 (for the purpose of making orders, regulations or rules of court) | 19th January 2013 | 2013/77 |
| Section 44 (partially) | 1st April 2013 | 2013/77 |
| Section 44 (partially) | 6th April 2016 | 2016/345 |
| Section 45(1) and (8) | 1st October 2012 | 2012/2412 |
| Section 45 (in so far as not already in force for the purpose of making orders, regulations or rules of court) | 19th January 2013 | 2013/77 |
| Section 45 (partially) | 1st April 2013 | 2013/77 |
| Section 46 (in so far as not already in force for the purpose of making orders, regulations or rules of court) | 19th January 2013 | 2013/77 |
| Section 46 (partially) | 1st April 2013 | 2013/77 |
| Section 46 (partially) | 6th April 2016 | 2016/345 |
| Section 47 | 1st April 2013 | 2013/77 |
| Section 48 | 19th January 2013 | 2013/77 |
| Sections 49 to 54 | 1st April 2013 | 2013/773 |
| Section 55 | 1st October 2012 | 2012/2412 |
| Sections 56 and 57 | 1st April 2013 | 2013/453 |
| Section 58 | 4th March 2013 | 2013/453 |
| Section 59 | 1st April 2013 | 2013/453 |
| Section 60 | 4th March 2013 | 2013/453 |
| Sections 61 and 62 | 1st October 2012 | 2012/2412 |
| Sections 63 to 66 | 3rd December 2012 | 2012/2906 |
| Section 67 (except subsections (2)(a) and (5)(a)) | 3rd December 2012 | 2012/2906 |
| Sections 68 to 75 | 3rd December 2012 | 2012/2906 |
| Section 76 (partially for a period of 12 months extended by a further 6 months by S.I. 2015/1480 and extended further until 31st March 2016 by S.I. 2016/1) | 31st July 2014 | 2014/1777 |
| Section 76 (partially for a period of 12 months until 31st March 2017 extended by 12 months until 31st March 2018 by S.I. 2017/225) | 1st April 2016 | 2016/286 |
| Section 78 (except subsection (3)) | 3rd December 2012 | 2012/2906 |
| Sections 79 to 84 | 3rd December 2012 | 2012/2906 |
| Section 85 (except subsections (1), (2), (4) and (14)) | 28th May 2014 | 2014/1291 |
| Sections 85(1), (2) and (4) | 12th March 2015 | 2015/504 |
| Sections 86 and 87 | 28th May 2014 | 2014/1291 |
| Section 88 | 8th April 2013 | 2013/453 |
| Section 89 to 118 | 3rd December 2012 | 2012/2906 |
| Sections 120 to 128 | 3rd December 2012 | 2012/2906 |
| Sections 130 and 131 | 3rd December 2012 | 2012/2906 |
| Sections 132 to 138 | 8th April 2013 | 2013/453 |
| Section 139 | 10th March 2014 | 2014/423 |
| Section 140 | 1st October 2012 | 2012/2412 |
| Section 141(7) to (9) and (12) | 1st October 2012 | 2012/2412 |
| Section 141 (so far as not already in force) | 10th March 2014 | 2014/423 |
| Sections 142 and 143 | 3rd December 2012 | 2012/2770 |
| Section 144 | 1st September 2012 | 2012/1956 |
| Sections 145 to 147 | 3rd December 2012 | 2012/2770 |
| Section 148 | 14th May 2013 | 2013/1127 |
| Schedules 1 to 3 | 1st April 2013 | 2013/453 |
| Schedule 4 | 4th March 2013 | 2013/453 |
| Schedules 5 and 6 | 1st April 2013 | 2013/453 |
| Schedules 7 and 8 | 1st October 2012 | 2012/2412 |
| Schedules 9 to 22 | 3rd December 2012 | 2012/2906 |
| Schedules 23 and 24 | 8th April 2013 | 2013/453 |
| Schedule 25 (except paragraph 4) | 10th March 2014 | 2014/423 |
| Schedules 26 and 27 | 3rd December 2012 | 2012/2770 |
(1)
(2)
2003 c. 44. Section 212A, the material provision in Part 12, was inserted by section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
(3)
(4)
England and Wales is divided into areas known as local justice areas as required by section 8 of the Courts Act 2003 (c. 39). These were established by the Local Justice Areas Order 2005 (S.I. 2005/554). The Local Justice Areas Order 2013 (S.I. 2013/1777) created Lincolnshire with effect from 1st January 2014 (see articles 1 and 3). The Local Justice Areas Order 2015 (S.I. 2015/1506) created North Yorkshire with effect from 1st January 2016 (see article 1 and 3). The Local Justice Areas Order 2016 (S.I. 2016/941) created Humber with effect from 1st April 2017 (see articles 1 and 3).
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