2006 No. 3423 (C. 131)

CRIMINAL LAW

The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006

Made

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 20041:

Citation and interpretation1

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.

Commencement2

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.

Transitional provision3

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 19883;

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 19955; 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 19986.

Scotland of Asthal, Q.C.Minister of StateHome Office
EXPLANATORY NOTE

(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.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(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