2017 No. 525 (C. 48)

Criminal Law, England And Wales

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2017

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 2017.

2

In this Order—

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

  • “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 1st May 2017 for all purposes other than application by the Armed Forces Act 20063.

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

Section 76 of the Act comes into force in relation to the following local justice areas4

a

Humber;

b

Lincolnshire, and

c

North Yorkshire.

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 30th April 2019.

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.

Elizabeth TrussSecretary 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) from 1st May 2017 until the end of 30th April 2019, in the three local justice areas specified in article 3. 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 the end of 30th April 2019 (when section 76 ceases to be in force) may continue to have effect after that time.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Sections 1 to 18

1st April 2013

2013/453

Section 19 (except subsection (4))

1st April 2013

2013/453

Sections 20 to 37

1st April 2013

2013/453

Section 38 (except subsection (2))

1st April 2013

2013/453

Section 38(2)

4th March 2013

2013/453

Sections 39 to 43

1st April 2013

2013/453

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

19th January 2013

2013/77

Section 44 (partially)

1st April 2013

2013/77

Section 44 (partially)

6th April 2016

2016/345

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 (partially)

1st April 2013

2013/77

Section 46 (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 46 (partially)

1st April 2013

2013/77

Section 46 (partially)

6th April 2016

2016/345

Section 47

1st April 2013

2013/77

Section 48

19th January 2013

2013/77

Sections 49 to 54

1st April 2013

2013/773

Section 55

1st October 2012

2012/2412

Sections 56 and 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

Sections 61 and 62

1st October 2012

2012/2412

Sections 63 to 66

3rd December 2012

2012/2906

Section 67 (except subsections (2)(a) and (5)(a))

3rd December 2012

2012/2906

Sections 68 to 75

3rd December 2012

2012/2906

Section 76 (partially for a period of 12 months extended by a further 6 months by S.I. 2015/1480 and extended further until 31st March 2016 by S.I. 2016/1)

31st July 2014

2014/1777

Section 76 (partially for a period of 12 months until 31st March 2017 extended by 12 months until 31st March 2018 by S.I. 2017/225)

1st April 2016

2016/286

Section 78 (except subsection (3))

3rd December 2012

2012/2906

Sections 79 to 84

3rd December 2012

2012/2906

Section 85 (except subsections (1), (2), (4) and (14))

28th May 2014

2014/1291

Sections 85(1), (2) and (4)

12th March 2015

2015/504

Sections 86 and 87

28th May 2014

2014/1291

Section 88

8th April 2013

2013/453

Section 89 to 118

3rd December 2012

2012/2906

Sections 120 to 128

3rd December 2012

2012/2906

Sections 130 and 131

3rd December 2012

2012/2906

Sections 132 to 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 already in force)

10th March 2014

2014/423

Sections 142 and 143

3rd December 2012

2012/2770

Section 144

1st September 2012

2012/1956

Sections 145 to 147

3rd December 2012

2012/2770

Section 148

14th May 2013

2013/1127

Schedules 1 to 3

1st April 2013

2013/453

Schedule 4

4th March 2013

2013/453

Schedules 5 and 6

1st April 2013

2013/453

Schedules 7 and 8

1st October 2012

2012/2412

Schedules 9 to 22

3rd December 2012

2012/2906

Schedules 23 and 24

8th April 2013

2013/453

Schedule 25 (except paragraph 4)

10th March 2014

2014/423

Schedules 26 and 27

3rd December 2012

2012/2770