The Criminal Justice Act 1988 (Commencement No. 2) Order 1988

Made: 29th September 1988

In exercise of the powers conferred on me by section 171(1) and (2) of the Criminal Justice Act 1988[^f00001], I hereby make the following Order:

1

This Order may be cited as the Criminal Justice Act (Commencement No. 2) Order 1988.

2

Subject to article 3 of this Order, the provisions of the Criminal Justice Act 1988 (hereinafter called “the Act”) referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 12th October 1988 (hereinafter called “the commencement date”).

3

• (1) Section 33 of the Act (evidence of persons under 14 in committal proceedings) shall not apply to proceedings before a magistrates' court acting as examining justices which began before the commencement date.

• (2) Section 34 of the Act (abolition of requirement of corroboration for unsworn evidence of children) shall not apply to proceedings before a magistrates' court acting as examining justices, or to a trial, which began before the commencement date.

• (3) Sections 37 and 39 of the Act (offences of taking motor vehicle or other conveyance without authority etc., driving while disqualified, common assault and battery to be summary offences) shall not apply to any offence in respect of which before the commencement date it has been decided, in accordance with the provisions of sections 18 to 21 of the Magistrates' Courts Act 1980[^f00002], whether the accused is to be tried summarily or on indictment.

4

Appendix A to the Schedule to the Criminal Justice Act 1988 (Commencement No. 1) Order 1988[^f00003] is hereby amended by the deletion of the reference to section 133 of the Magistrates' Courts Act 1980[^f00004].

SCHEDULE — PROVISIONS OF THE CRIMINAL JUSTICE ACT 1988 COMING INTO FORCE ON 12th OCTOBER 1988

Signed

Douglas Hurd — One of Her Majesty’s Principal Secretaries of State — 29th September 1988

Explanatory note

(This note is not part of the Order)

This Order brings into force on 12th October 1988 sections 33, 34, 37—39, 40—42, 49, 51—57, 59, 63, 70, 96, 97, 104—107, 121, 122, 131—133, 145, 147, 148, 155—157, 163—165 and 170 of, and Schedule 11, so far as it is not already in force, and Schedule 12 to, the Criminal Justice Act 1988, and associated amendments and repeals. These provisions amend the law on miscellaneous aspects of evidence and procedure in criminal cases, and on the level and enforcement of fines and other pecuniary orders, and introduce a statutory right to apply for compensation for miscarriages of justice.

Article 3 makes transitional provision in relation to sections 33 and 34 of the Criminal Justice Act 1988, which make provision about the evidence of children in criminal proceedings, and in relation to sections 37 and 39, which provide that the offences of taking a motor vehicle or other conveyance without authority, driving while disqualified, common assault and battery shall be summary offences.

Article 4 corrects a mistake in Appendix A to the Schedule to the Criminal Justice Act 1988 (Commencement No. 1) Order 1988 by deleting the reference to the amendment of section 133 of the Magistrates' Courts Act 1980. This amendment was brought into force on the date of Royal Assent, namely 29th July 1988, by virtue of section 171(5) of that Act.

Footnotes

[^f00001]: 1988 c. 33.

[^f00002]: 1980 c. 43.

[^f00003]: S.I. 1988/1408.

[^f00004]: 1980 c. 43. The amendment for section 133 was brought into force on the day the Criminal Justice Act 1988 was passed, by virtue of section 171(5) of that Act.