The Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) (Amendment) Order 2018

Statutory Instruments

2018 No. 357

Criminal Law, England And Wales

The Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) (Amendment) Order 2018

Made

at 1.30 p.m. on 12th March 2018

Coming into force

at 10 p.m. on 12th March 2018

The Secretary of State, in exercise of the powers conferred by sections 60(b), 61(2), 61(8) and 61(9) of the Crime and Courts Act 2013(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) (Amendment) Order 2018 and comes into force at 10 p.m. on 12th March 2018.

Amendment to the Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) Order 2017

2.  In the following provisions of the Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) Order 2017(2), in each place for “2018” substitute “2019”—

(a) article 3 (period for which the provisions of the Crime and Courts Act 2013 remain in force), and

(b) article 4(2) (transitional and savings provisions).

Rory Stewart

Minister of State

Ministry of Justice

At 1.30 p.m. on 12th March 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) Order 2017 (S.I. 2017/236) (“the 2017 Order”).

Section 44 of, and Part 4 of Schedule 16 to, the Crime and Courts Act 2013 (c. 22) (“the 2013 Act”) amend the framework for the electronic monitoring of offenders set out in the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”). The amendments to the 2003 Act made by Part 4 of Schedule 16 allow the imposition of an electronic monitoring requirement, as defined in section 215 of the 2003 Act, as part of a community order or suspended sentence order. It also amends the definition of such an “electronic monitoring requirement” to include stand-alone electronic monitoring of the offender’s whereabouts (otherwise than for the purpose of monitoring the offender’s compliance with any other requirements included in the order). Section 61 of the 2013 Act provides that section 44 of, and Part 4 of Schedule 16 to, the 2013 Act can be brought into force for specified periods in specified areas.

The 2017 Order brought into force those provisions in the local justice areas of East London and North London for a piloting period. The piloting period started on 13th March 2017 and ends at the end of 12th March 2018.

This Order amends the 2017 Order to extend the end of the piloting period to the end of 12th March 2019.

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.

(1)

2013 c. 22. There are amendments to section 61, but none are relevant to this Order.

(2)

S.I. 2017/236.