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Statutory Instruments
CRIMINAL LAW
Made
19th December 2006
The Secretary of State makes the following Order in exercise of the powers conferred by sections 60 and 61(1) of the Domestic Violence, Crime and Victims Act 2004(1):
1.—(1) This Order may be cited as the Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006.
(2) In this Order “the 2004 Act” means the Domestic Violence, Crime and Victims Act 2004.
2. Subject to article 3, the following provisions of the 2004 Act shall come into force on 8th January 2007—
(a)sections 17 to 21 (trial by jury of sample counts only);
(b)section 30 (prosecution appeals);
(c)section 56 (grants for assisting victims, witnesses etc);
(d)section 58(1) (minor and consequential amendments) in so far as it relates to the provision referred to in paragraph (f);
(e)Schedule 1 (modifications of sections 17 to 20 for Northern Ireland); and
(f)paragraph 62 of Schedule 10.
3. The coming into force of sections 17 to 20 of the 2004 Act has no effect in relation to cases where one of the following events has occurred before 8th January 2007—
(a)the defendant has been committed for trial;
(b)a notice of transfer has been given under section 4 of the Criminal Justice Act 1987 (serious or complex fraud)(2) or Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988(3);
(c)a notice of transfer has been given under section 53 of the Criminal Justice Act 1991 (cases involving children)(4) or Article 4 of the Children’s Evidence (Northern Ireland) Order 1995(5); or
(d)the prosecution evidence has been served on the defendant in a case sent for trial under section 51 of the Crime and Disorder Act 1998(6).
Scotland of Asthal, Q.C.
Minister of State
Home Office
19th December 2006
(This note is not part of the Order)
This Order brings into force on 8th January 2007 the provisions of the Domestic Violence, Crime and Victims Act 2004 specified in article 2, subject to the transitional provision in article 3.
(This note is not part of the Order)
Provision | Date of Commencement | S.I. No. |
---|---|---|
Sections 2 to 3 | 5th December 2005 | 2005/3196 |
Sections 5 to 8 | 21st March 2005 | 2005/579 |
Section 10(2) | 1st July 2005 | 2005/1705 |
Section 11 | 31st March 2005 | 2005/579 |
Sections 22 to 26 | 31st March 2005 | 2005/579 |
Section 27 | 18th July 2005 | 2005/1821 |
Sections 28 to 29 | 31st March 2005 | 2005/579 |
Section 31 | 31st March 2005 | 2005/579 |
Sections 32 to 34 | 12th October 2005 | 2005/2848 |
Sections 35 to 45 | 1st July 2005 | 2005/1705 |
Section 47 | 12th October 2005 | 2005/2848 |
Section 54 (in part) | 12th October 2005 | 2005/2848 |
Section 55 | 4th October 2006 | 2006/2662 |
Section 58 (in part) | 21st March 2005 | 2005/579 |
(in part) | 31st March 2005 | 2005/579 |
(in part) | 1st July 2005 | 2005/1705 |
Section 59 (in part) | 21st March 2005 | 2005/579 |
(in part) | 31st March 2005 | 2005/579 |
(in part) | 1st July 2005 | 2005/1705 |
Schedule 2 | 31st March 2005 | 2005/579 |
Schedule 3 | 31st March 2005 | 2005/579 |
Schedule 4 | 18th July 2005 | 2005/1821 |
Schedule 5 | 31st March 2005 | 2005/579 |
Schedule 6 | 31st March 2005 | 2005/579 |
Schedule 7 | 12th October 2005 | 2005/2848 |
Schedule 10 (in part) | 21st March 2005 | 2005/579 |
(in part) | 31st March 2005 | 2005/579 |
(in part) | 1st July 2005 | 2005/1705 |
(in part) | 5th December 2005 | 2005/3196 |
Schedule 11 (in part) | 21st March 2005 | 2005/579 |
(in part) | 31st March 2005 | 2005/579 |
(in part) | 1st July 2005 | 2005/1705 |
(in part) | 5th December 2005 | 2005/3196 |
Schedule 12 (in part) | 21st March 2005 | 2005/579 |
(in part) | 31st March 2005 | 2005/579 |
(in part) | 1st July 2005 | 2005/1705 |
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