The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2009

Made: 9th March 2009

The Secretary of State, in exercise of the powers conferred by sections 330(4)(b), 336(3) and (4) of the Criminal Justice Act 2003[^f00001], makes the following Order:

1

This Order may be cited as the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2009 and shall come into force on 3 April 2009.

2

In articles 2(2) and 4(1) of the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005[^f00002], for the words “4th April 2009” there shall be substituted the words “4th April 2010”.

3

The Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2007[^f00003] is revoked.

Signed

Signed by the authority of the Secretary of State

David Hanson — Minister of State — Ministry of Justice — 9th March 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (“the 2005 Order”) by changing the coming into force date of certain provisions from 4th April 2009 to 4th April 2010. The relevant provisions - sections 177 and 179 to 180 of and Schedule 8 and 9 to the Criminal Justice Act 2003 (community orders) – were implemented in respect of 18 year olds and above from 4th April 2005. However, for those aged 16 and 17 year old commencement was deferred until 4 April 2007 and then to 4 April 2009 by SI 2007/391.

It is proposed that, in respect of 16 and 17 year olds, these provisions will be repealed and replaced by provisions contained in Part 1 of the Criminal Justice and Immigration Act 2008 (“the 2008 Act”) and commencement has therefore been further deferred until 4 April 2010 by which time Part 1 of the 2008 Act will have been brought into effect and the provisions in the 2003 Act repealed.

Commencement of related amendments in Schedule 32 to the 2003 Act, referred to in article 4(2) of the 2005 Order, is also deferred until 4 April 2010. Until that time the transitional provisions in paragraphs 7 to 13 of Schedule 2 to the 2005 Order will continue to have effect.

Footnotes

[^f00001]: 2003 c.44.

[^f00002]: S.I. 2005/950, amended by SI 2007/391.

[^f00003]: SI 2007/391