The Criminal Justice Act 1988 (Commencement No. 12) Order 1990

Made: 22nd October 1990

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 1988 (Commencement No. 12) Order 1990.

2

Subject to article 3 below, section 32 of the Criminal Justice Act 1988 (evidence through television links) shall, so far as it is not already in force, come into force on 26th November 1990 for the following purposes:

• (a) proceedings for murder, manslaughter or any other offence consisting in the killing of any person;

• (b) proceedings being conducted by the Director of the Serious Fraud Office under section 1(5) of the Criminal Justice Act 1987[^f00002];

• (c) proceedings (other than those falling within paragraph (b) above) in which a notice of transfer has been given under section 4 of that Act by any of the authorities designated by subsection (2) of that section;

in each case being proceedings falling within paragraphs (a) to (c) of that article.

3

This Order shall not apply in the case of —

• (a) a trial on indictment; or

• (b) an appeal to the criminal division of the Court of Appeal; or

• (c) the hearing of a reference under section 17 of the Criminal Appeal Act 1968[^f00003],

if the trial, the appeal or the hearing, as the case may be, has begun before 26th November 1990; and, in a case where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987 (power of judge to order preparatory hearing in serious and complex fraud), the effect of section 8 of that Act (trial to begin with preparatory hearing) shall, for the purpose of this article, be disregarded and the trial shall be taken to begin with the swearing of the jury. Home Office

Signed

David Waddington — One of Her Majesty’s Principal Secretaries of State — 22nd October 1990

Explanatory note

(This note is not part of the Order)

This Order brings into force on 26th November 1990 for certain purposes section 32 of the Criminal Justice Act 1988 so far as it is not already in force. The effect of the Order is to enable evidence to be given at a trial on indictment or an appeal through a live television link where the witness is outside the United Kingdom for the following purposes: proceedings for murder, manslaughter or any other offence of killing any person; proceedings being conducted by the Director of the Serious Fraud Office as appearing to him to involve serious or complex fraud; and proceedings for serious and complex fraud where there has been given a notice of transfer(which has the effect of bypassing the committal stage).

Footnotes

[^f00001]: 1988 c. 33.

[^f00002]: 1987 c. 38

[^f00003]: 1968 c. 19.