2014 No. 1777 (C. 77)

Criminal Law, England And Wales

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2014

Made

The Secretary of State makes the following Order in exercise of the powers conferred by section 77(1), (4) and (8) of the Legal Aid, Sentencing and Punishment of Offenders Act 20121.

Citation and interpretation1

1

This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2014.

2

In this Order—

a

the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

b

“alcohol abstinence and monitoring requirement” has the same meaning as in Part 12 of the Criminal Justice Act 20032.

Coming into force of section 76 of the Act2

Subject to articles 3 and 4(1), section 76 of the Act (alcohol abstinence and monitoring requirement) comes into force on 31st July 2014 for all purposes other than application by the Armed Forces Act 20063.

Area in relation to which section 76 of the Act is in force3

Section 76 of the Act comes into force only in relation to the South London local justice area4.

Period for which section 76 of the Act is in force4

1

Subject to paragraph (2), section 76 of the Act, in so far as it is brought into force by article 2, ceases to have effect at the end of the period of 12 months beginning with 31st July 2014.

2

Paragraph (1) does not affect the continued application after that date of an alcohol abstinence and monitoring requirement imposed by a court during the period mentioned in that paragraph.

Signed by the authority of the Secretary of State

Jeremy WrightParliamentary Under Secretary of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), for a period of 12 months commencing on 31st July 2014, but only in relation to the South London local justice area. Among other things, section 76 inserts section 212A of the Criminal Justice Act 2003 (c. 44), which gives a court a power to impose an alcohol abstinence and monitoring requirement as part of a community order or suspended sentence order. Article 4(2) provides that any requirement imposed before section 76 ceases to be in force may continue to have effect after that time.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Section 85 (3), (5)-(13) and (15)-(17)

28th May 2014

2014/1291

Section 86

28th May 2014

2014/1291

Section 87

28th May 2014

2014/1291

Part 1 (in so far as not already in force, except section 19(4))

1st April 2013

2013/453

Section 38(2)

4th March 2013

2013/453

Section 44 (for the purpose of making orders, regulations or rules of court)

19th January 2013

2013/77

Section 44 (in so far as not already in force)

1st April 2013

2013/77

Section 45(1) and (8)

1st October 2012

2012/2412

Section 45 (in so far as not already in force for the purpose of making orders, regulations or rules of court)

19th January 2013

2013/77

Section 45 (in so far as not already in force)

1st April 2013

2013/77

Section 46 (for the purpose of making orders, regulations or rules of court)

19th January 2013

2013/77

Section 46 (in so far as not already in force)

1st April 2013

2013/77

Section 47

1st April 2013

2013/77

Section 48

19th January 2013

2013/77

Section 49

1st April 2013

2013/773

Section 50

1st April 2013

2013/773

Section 51

1st April 2013

2013/773

Section 52

1st April 2013

2013/773

Section 53

1st April 2013

2013/773

Section 54

1st April 2013

2013/773

Section 55

1st October 2012

2012/2412

Section 56

1st April 2013

2013/453

Section 57

1st April 2013

2013/453

Section 58

4th March 2013

2013/453

Section 59

1st April 2013

2013/453

Section 60

4th March 2013

2013/453

Section 61

1st October 2012

2012/2412

Section 62

1st October 2012

2012/2412

Chapter 1 of Part 3 (except sections 67(2)(a) and (5)(a), 76, 77, 78(3) and 85 to 88)

3rd December 2012

2012/2906

Section 88

8th April 2013

2013/453

Chapter 2 of Part 3

3rd December 2012

2012/2906

Chapter 3 of Part 3

3rd December 2012

2012/2906

Chapter 4 of Part 3 (except section 119)

3rd December 2012

2012/2906

Chapter 5 of Part 3

3rd December 2012

2012/2906

Chapter 6 of Part 3 (except section 129)

3rd December 2012

2012/2906

Section 132

8th April 2013

2013/453

Section 133

8th April 2013

2013/453

Section 134

8th April 2013

2013/453

Section 135

8th April 2013

2013/453

Section 136

8th April 2013

2013/453

Section 137

8th April 2013

2013/453

Section 138

8th April 2013

2013/453

Section 139

10th March 2014

2014/423

Section 140

1st October 2012

2012/2412

Section 141(7) to (9) and (12)

1st October 2012

2012/2412

Section 141 (so far as not previously in force)

10th March 2014

2014/423

Section 142

3rd December 2012

2012/2770

Section 143

3rd December 2012

2012/2770

Section 144

1st September 2012

2012/1956

Section 145

3rd December 2012

2012/2770

Section 146

3rd December 2012

2012/2770

Section 147

3rd December 2012

2012/2770

Section 148

14th May 2013

2013/1127

Schedule 1

1st April 2013

2013/453

Schedule 2

1st April 2013

2013/453

Schedule 3

1st April 2013

2013/453

Schedule 4

4th March 2013

2013/453

Schedule 5

1st April 2013

2013/453

Schedule 6

1st April 2013

2013/453

Schedule 7

1st October 2012

2012/2412

Schedule 8

1st October 2012

2012/2412

Schedule 9

3rd December 2012

2012/2906

Schedule 10

3rd December 2012

2012/2906

Schedule 11

3rd December 2012

2012/2906

Schedule 12

3rd December 2012

2012/2906

Schedule 13

3rd December 2012

2012/2906

Schedule 14

3rd December 2012

2012/2906

Schedule 15

3rd December 2012

2012/2906

Schedule 16

3rd December 2012

2012/2906

Schedule 17

3rd December 2012

2012/2906

Schedule 18

3rd December 2012

2012/2906

Schedule 19

3rd December 2012

2012/2906

Schedule 20

3rd December 2012

2012/2906

Schedule 21

3rd December 2012

2012/2906

Schedule 22

3rd December 2012

2012/2906

Schedule 23

8th April 2013

2013/453

Schedule 24

8th April 2013

2013/453

Schedule 25 (except paragraph 4)

10th March 2014

2014/423

Schedule 26

3rd December 2012

2012/2770

Schedule 27

3rd December 2012

2012/2770