(1)Subsection (2) applies for the purposes of sections 52(3) and 54(7).
(2)Where an offence is alleged to be committed over a period of more than one day, or at some time during a period of more than one day, it must be taken to be alleged to be committed on the last of the days in the period.
(3)Subsection (2) applies for the purposes of section 61(1) as if “alleged to be” (in each place) were omitted.
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
[F1In section 148(2) of the M1Magistrates’ Courts Act 1980 (power of court to act where another may act) the reference to that Act includes a reference to this Act.]
Extent Information
E2In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
Textual Amendments
F1S. 76 repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 107, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)
Marginal Citations
(1)This section concerns the powers of the Secretary of State to make orders or regulations under this Act.
(2)Any power to make an order or regulations may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.
(3)Any order or regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.
(4)Any power to make an order or regulations shall be exercisable by statutory instrument.
(5)No [F2regulations or] order under section [F36A or] 25 shall have effect unless approved by a resolution of each House of Parliament.
(6)A statutory instrument containing—
(a)an order under section 78, or
(b)regulations [F4(other than regulations under section 6A)] ,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subordinate Legislation Made
P1S. 77(2)(4) power partly exercised: 1.4.1999 (E.W.) appointed for specified provision by S.I. 1999/718, art. 2
S. 77(2)(4) power partly exercised: 21.8.2000 (N.I.) appointed for specified provision by S.I. 2000/1968, art. 2
Textual Amendments
F2Words in s. 77(5) inserted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 37(1)(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 (subject to art. 2(2) and Sch. 2); S.I. 2005/1817, art. 2
F3Words in s. 77(5) inserted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 37(1)(2)(b); S.I. 2005/950, {art. 2 (1)}, Sch. 1 (subject to art. 2(2) and Sch. 2); S.I. 2005/1817, art. 2
F4Words in s. 77(6)(b) inserted (4.4.2005 for E.W. and 15.7.2005 for N.I.) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 Pt. 3 para. 37(1)(3); S.I. 2005/950, art. 2(1), Sch. 1 (subject to art. 2(2) and Sch. 2); S.I. 2005/1817, art. 2
[F5(1)Subject to subsection (2), nothing in this Act applies in relation to—
(a)proceedings before a court (other than a civilian court) in respect of a service offence; or
(b)any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.
(2)The Secretary of State may by order—
(a)make as regards any proceedings mentioned in subsection (1)(a) provision equivalent to the provisions contained in or made under Part 1, subject to such modifications as he considers appropriate;
(b)make as regards any investigation mentioned in subsection (1)(b) provision equivalent to the provisions contained in or made under Part 2, subject to such modifications as he considers appropriate.
(3)An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.
(4)In this section—
(a)“civilian court” and “service offence” have the same meanings as in the Armed Forces Act 2006;
(b)references to charges are to charges brought under Part 5 of that Act.]
Extent Information
E3For extent of s. 78 see s. 79(1)(a)(6)
Textual Amendments
F5S. 78 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 137; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1S. 78(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 37
(1)This Act does not extend to Scotland, with the exception of—
(a)sections 37, 38, 41, 42, 59, 60, 61(3), 63, 72, 73, 74(2) and (3) and 78, this section and section 81;
(b)paragraphs 6 and 7 of Schedule 3, and paragraph 8 of that Schedule so far as it relates to paragraphs 6 and 7;
(c)paragraph 5 of Schedule 5;
(d)paragraph 12 of Schedule 5 so far as it relates to provisions amending section 11 of the M2Criminal Justice Act 1987.
(2)Section 73 extends only to Scotland.
(3)Parts III [F6(other than sections 37 and 38)] and VI and sections 44, 47, 65, 67, 68 and 71 do not extend to Northern Ireland.
[F7(3A)Sections 58 to 60 and section 61(1) to (3) extend only to Northern Ireland.]
(4)In its application to Northern Ireland, this Act has effect subject to the modifications set out in Schedule 4.
F8(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Words in s. 79(3) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 311(9), 336; S.I. 2005/950, art. 2, Sch. 1 (subject to art. 2(2) and Sch. 2)
F7S. 79(3A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 138 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F8S. 79(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F9S. 79(6) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Marginal Citations
The provisions mentioned in Schedule 5 are repealed (or revoked) to the extent specified in column 3, but subject to any provision of that Schedule.
Extent Information
E4In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
This Act may be cited as the Criminal Procedure and Investigations Act 1996.