The Criminal Justice and Immigration Act 2008 (Commencement No. 4 and Saving Provision) Order 2008

Made: 15th November 2008

The Secretary of State, in exercise of the powers conferred on the Secretary of State by section 153(7) of the Criminal Justice and Immigration Act 2008 ¹, makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 4 and Saving Provision) Order 2008.

• (2) In this Order, “the 2008 Act” means the Criminal Justice and Immigration Act 2008.

Appointed dates

2

• (1) Subject to article 3, the date appointed for the coming into force of the following provisions of the 2008 Act is 1st December 2008—

• (a) section 61 (Compensation for miscarriages of justice);

• (b) section 118 (Closure orders: premises associated with persistent disorder or nuisance);

• (c) section 126(1) and (3) (Police misconduct and performance procedures) insofar as it relates to the entries specified in sub-paragraph (h);

• (d) section 127 (Investigation of complaints of police misconduct etc.) insofar as it relates to the provisions specified in sub-paragraph (i);

• (e) section 148(2) (Consequential etc. amendments and transitional and saving provisions) insofar as it relates to the provisions in sub-paragraph (j);

• (f) section 149 (Repeals and revocations) insofar as it relates to the entries in sub-paragraph (k);

• (g) Schedule 20 (Closure orders: premises associated with persistent disorder or nuisance);

• (h) in Schedule 22 (Police misconduct and performance procedures)—

• (i) paragraphs 3, 4, 7 and 8 to the extent not already in force; and

• (ii) paragraphs 5, 9, 11 and 17 to 21;

• (i) in Schedule 23 (Investigation of complaints of police misconduct etc.)—

• (i) paragraphs 4, 6 to 11 and 13 to 18; and

• (ii) paragraphs 5, 12 and 19 to the extent not already in force;

• (j) paragraphs 22 and 35(1), (2)(a) and (3) of Schedule 27 (Transitory, transitional and saving provisions); and

• (k) in Schedule 28 (Repeals and revocations), the entries related to—

• (i) section 50(4) of, and paragraph 6 of Schedule 6 to, the Police Act 1996²;

• (ii) Schedule 3 to the Police Reform Act 2002³; and

• (iii) paragraph 119 of Schedule 21 to the Legal Services Act 2007⁴.

• (2) The date appointed for the coming into force of the following provisions of the 2008 Act is 26th January 2009—

• (a) section 63 (Possession of extreme pornographic images);

• (b) section 64 (Exclusion of classified films etc.);

• (c) section 65 (Defences: general);

• (d) section 66 (Defence: participation in consensual acts);

• (e) section 67 (Penalties etc. for possession of extreme pornographic images);

• (f) section 68 (Special rules relating to providers of information society services);

• (g) section 71 (Maximum penalty for publication etc. of obscene articles);

• (h) section 148(1) and (2) (Consequential etc. amendments and transitional and saving provision) insofar as it relates to the provisions specified in paragraphs (j) and (k);

• (i) Schedule 14 (Special rules relating to providers of information society services);

• (j) paragraph 58 of Schedule 26 (Minor and consequential amendments);and

• (k) paragraphs 23 and 25 of Schedule 27 (Transitory, transitional and saving provision).

Saving provision

3

• (1) The Police Act 1996 and the Police Reform Act 2002 shall continue to apply in relation to specified matters as if the amendments in paragraphs 3 to 5, 7 to 9 and 11 of Schedule 22 and in paragraphs 4 to 10, 12 to 15 and 17 to 19 of Schedule 23 to the 2008 Act had not been made.

• (2) In this article—

• (a) “specified matter” means—

• (i) conduct which may be or is being dealt with under the Police (Conduct) Regulations 2004⁵;

• (ii) conduct which may be or is being dealt with under the Police (Complaints and Misconduct) Regulations 2004⁶ as they are in force on the date this Order is made and which has come to the attention of the Independent Police Complaints Commission and the appropriate authority before 1st December 2008;

• (iii) performance or attendance which may be or is being dealt with under the Police (Efficiency) Regulations 1999⁷; or

• (iv) anything which may be or is being dealt with under the Police Appeals Tribunals Rules 1999⁸;

• (b) “appropriate authority” has the same meaning as in the Police (Complaints and Misconduct) Regulations 2004.

Signed

Maria Eagle — Parliamentary Under-Secretary of State — Ministry of Justice — 15th November 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the provisions of the Criminal Justice and Immigration Act 2008 (c.4) set out at article 2(1) and (2) on 1st December 2008 and 26th January 2009 respectively. Article 3 contains saving provisions in relation to the amendments to the police misconduct and performance procedures and the investigation of complaints of police misconduct etc.

Footnotes