2008 No. 2712 (C. 118)
The Criminal Justice and Immigration Act 2008 (Commencement No. 3 and Transitional Provisions) Order 2008
Made
The Lord Chancellor and Secretary of State, in exercise of the powers conferred on the Lord Chancellor by section 153(4), and on the Secretary of State by section 153(7) of the Criminal Justice and Immigration Act 20081, makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 3 and Transitional Provisions) Order 2008.
2
In this Order, “the 2008 Act” means the Criminal Justice and Immigration Act 2008.
Appointed Dates2
Subject to articles 3 and 4, the date appointed for the coming into force of the provisions of the 2008 Act specified in the Schedule is 3rd November 2008.
Transitional and saving provisions
3
The coming into force of section 60 of the 2008 Act is of no effect—
a
in relation to offences into which a criminal investigation within the meaning of section 1(4) of the Criminal Procedure and Investigations Act 19962, has begun, in England and Wales, before 4th April 2005 or, in Northern Ireland, before 15th July 2005: and
b
in relation to a case to which Part 1 of the Criminal Procedure and Investigations Act 1996 applies by virtue of section 1(1) or (2) of that Act before 3rd November 2008.
4
1
2
In this article, “specified matters” means—
a
conduct by a police officer which may be or is being dealt with under the Police (Conduct) Regulations 20045;
b
conduct by a police officer which may be or is being dealt with under the Police (Complaints and Misconduct) Regulations 20046 as they are in force on the date this Order is made;
c
performance or attendance by a member of a police force which may be or is being dealt with under the Police (Efficiency) Regulations 19997; or
d
anything which may be or is being dealt with under the Police Appeals Tribunals Rules 19998.
Signed by the authority of the Lord Chancellor and Secretary of State.
SCHEDULEProvisions coming into force on 3rd November 2008
1
Section 21(1) and (3) to (7) (Credit for period of remand on bail: terms of imprisonment and detention).
2
Section 22 (Credit for period of remand on bail: other cases).
3
Section 23 (Credit for period of remand on bail: transitional provisions).
4
Section 33(1), (3), (5) and (6) (Removal under Criminal Justice Act 1991).
5
Section 34(1), (3), (4)(a), (5), (6), (8) and (9) (Removal under Criminal Justice Act 2003), save insofar as subsection (6) provides that section 260(3A) of the Criminal Justice Act 2003 ceases to have effect.
6
Section 41 (Disclosure of information for enforcing fines).
7
Section 51 (Bail conditions: electronic monitoring).
8
Section 60 (Contents of an accused’s defence statement).
9
Section 126(1) (Police misconduct and performance procedures) insofar as it relates to the provisions specified in paragraph 16.
10
Section 127 (Investigation of complaints of police misconduct etc.) insofar as it relates to the provisions specified in paragraph 17.
11
Section 129 (Inspection of police authorities).
12
Section 148(1) (Consequential etc. amendments and transitional and saving provision) insofar as it relates to the provisions specified in paragraph 18.
13
Section 149 (Repeals and revocations) insofar as it relates to the provisions specified in paragraph 19.
14
Schedule 6 (Credit for period of remand on bail: transitional provisions).
15
Schedule 11 (Electronic monitoring of persons released on bail subject to conditions).
16
In Part 1 of Schedule 22 (Police misconduct and performance procedures)—
a
paragraphs 1 and 2;
b
paragraphs 3, 4, and 7 for the purposes of making regulations; and
c
paragraph 8 for the purpose of making rules.
17
In Schedule 23 (Investigation of complaints of police misconduct etc.)—
a
paragraphs 1 to 3 and 12(1); and
b
paragraphs 5, 12(4) and 19 for the purpose of making regulations.
18
In Schedule 26 (Minor and consequential amendments)—
a
paragraph 5 (Children and Young Persons Act 1969 (c.54)),
b
paragraph 29(3), (4) , (6) and (7) (Criminal Justice Act 1991 (c.53)),
19
1
The following entries in Schedule 28 (Repeals and revocations).
2
In Part 2 (Sentencing), the entries relating to the—
a
Criminal Justice Act 1991, section 46A; and
b
Criminal Justice Act 2003, section 260(3) and (6).
3
In Part 4 (Other criminal justice provisions), the entries relating to the—
a
Children and Young Persons Act 1969 (c.54), section 23AA(4)(a); and
b
Bail Act 1976 (c.63), section 3AA(6) to (10) and (12).
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Criminal Justice and Immigration Act 2008 have been brought into force by a commencement order made before the date of this Order.
Provision | Date of Commencement | S.I.No. |
|---|---|---|
Section 10 | 14 July 2008 | |
Section 11 (partially) | 14 July 2008 | |
Section 12 | 14 July 2008 | |
Section 13 | 14 July 2008 | |
Section 14 | 14 July 2008 | |
Section 15 | 14 July 2008 | |
Section 16 | 14 July 2008 | |
Section 17 | 14 July 2008 | |
Section 18 | 14 July 2008 | |
Section 20 | 14 July 2008 | |
Section 24 | 14 July 2008 | |
Section 25 | 14 July 2008 | |
Section 26 (partially) | 9 June 2008 | |
Section 27 | 14 July 2008 | |
Section 28 | 14 July 2008 | |
Section 29 (partially) | 14 July 2008 | |
Section 30 | 14 July 2008 | |
Section 31 | 14 July 2008 | |
Section 32 | 14 July 2008 | |
Section 38 | 14 July 2008 | |
Section 40 | 14 July 2008 | |
Section 42 | 14 July 2008 | |
Section 43 | 14 July 2008 | |
Section 44 | 14 July 2008 | |
Section 45 | 14 July 2008 | |
Section 46 (partially) | 14 July 2008 | |
Section 47 | 14 July 2008 | |
Section 52 | 14 July 2008 | |
Section 54 | 14 July 2008 | |
Section 55 | 14 July 2008 | |
Section 56 | 14 July 2008 | |
Section 57 | 14 July 2008 | |
Section 58 | 14 July 2008 | |
Section 59 | 14 July 2008 | |
Section 72 | 14 July 2008 | |
Section 73 | 14 July 2008 | |
Section 76 | 14 July 2008 | |
Section 93 | 14 July 2008 | |
Section 94 | 14 July 2008 | |
Section 95 | 14 July 2008 | |
Section 96 | 14 July 2008 | |
Section 97 | 14 July 2008 | |
Section 126 (partially) | 14 July 2008 | |
Section 140 | 14 July 2008 | |
Section 141 | 14 July 2008 | |
Section 142 | 14 July 2008 | |
Section 148 (partially) | 9 June 2008 | |
(partially) | 14 July 2008 | |
(partially) | 15 July 2008 | |
Section 149 (partially) | 14 July 2008 | |
Schedule 5 | 14 July 2008 | |
Schedule 8 | 14 July 2008 | |
Schedule 12 | 14 July 2008 | |
Schedule 15 | 14 July 2008 | |
Schedule 22 (partially) | 14 July 2008 | |
Schedule 24 | 14 July 2008 | |
Schedule 26 (partially) | 9 June 2008 | |
(partially) | 14 July 2008 | |
(partially) | 15 July 2008 | |
Schedule 27 (partially) | 9 June 2008 | |
(partially) | 14 July 2008 | |
Schedule 28 (partially) | 14 July 2008 |