The Criminal Justice and Public Order Act 1994 (Commencement No. 11 and Transitional Provision) Order 1997

Made: 15th March 1997

In exercise of the power conferred upon him by section 172(2) and (3) of the Criminal Justice and Public Order Act 1994[^f00001], the Secretary of State hereby makes the following Order:

1

This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 11 and Transitional Provision) Order 1997.

2

Section 158(2), (6) and (7) (extradition procedures) and section 159(5) (backing of warrants: Republic of Ireland) shall come into force on 1st April 1997.

3

• (1) Subject to paragraph (2) below, section 158(5) and (8) shall come into force on 1st April 1997.

• (2) In relation to a case where, before 1st April 1997, the Secretary of State has received either an extradition request under section 7 of the Extradition Act 1989, or, as the case may be, a requisition for the surrender of a fugitive criminal under paragraph 4(1) of Schedule 1 to that Act, section 9 of and Schedule 1 to the Extradition Act 1989 shall continue to apply on and after that date as if this Order had not been made.

Signed

Michael Howard — One of Her Majesty’s Principal Secretaries of State — 15th March 1997

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st April 1997 section 158(2), (5), (6), (7) and (8) and section 159(5) of the Criminal Justice and Public Order Act 1994. These make amendments to the procedures to be followed at committal hearings under the Extradition Act 1989 and before a magistrates’ court under the Backing of Warrants (Republic of Ireland) Act 1965. By virtue of article 3(2) of this Order, the amendments to section 9 of the 1989 Act and to paragraphs 6 and 7 of Schedule 1 to that Act will only apply when the extradition request or, as the case may be, requisition, is received by the Secretary of State after 1st April 1997.

Footnotes

[^f00001]: 1994 c. 33.