The Coroners and Justice Act 2009 (Commencement No. 8) Order 2011

Made: 25th August 2011

The Secretary of State makes the following Order in exercise of the powers conferred by sections 176(3)(a) and 182(5) of the Coroners and Justice Act 2009[^f00001]:

Citation and interpretation

1

This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 8) Order 2011.

Appointed day

2

• (1) The following provisions of the Coroners and Justice Act 2009 come into force on 3rd October 2011 in the relevant local justice areas[^f00002]—

• (a) in section 106 (directions to attend through live link), subsection (3), and subsection (1) so far as it relates to that subsection;

• (b) section 107 (answering to live link bail);

• (c) section 108 (searches of persons answering to live link bail);

• (d) section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (e); and

• (e) in Schedule 23 (repeals), the repeals in Part 3 (criminal evidence and procedure) relating to the Police and Criminal Evidence Act 1984[^f00003] and to section 57C of the Crime and Disorder Act 1998[^f00004].

• (2) The relevant local justice areas are: Central Hertfordshire; Chester, Ellesmere Port and Neston; East Hertfordshire; Halton; Macclesfield; North Hertfordshire; South Cheshire; Vale Royal; Warrington; and West Hertfordshire.

Signed

Signed by the authority of the Secretary of State

Nick Herbert — Minister of State — Ministry of Justice — 25th August 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 3rd October 2011 the provisions of the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”) set out in article 2(1), but only in certain local justice areas (article 2(2)).

Section 106 of the 2009 Act amends section 57C of the Crime and Disorder Act 1998 (c. 37), which concerns the use of “live links” at preliminary hearings in magistrates’ courts where the accused is at a police station. A live link is a video-link between a court and a police station. The amendment replaces the requirement that the court obtain the consent of the accused before giving a live link direction with a new requirement that the court be satisfied that it is not contrary to the interests of justice to make such a direction. Section 107 of the 2009 Act makes consequential amendments to sections 46ZA and 46A of the Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”).

Section 108 of the 2009 Act inserts new sections 54B and 54C of the 1984 Act, and paragraph 27A of Schedule 4 to the Police Reform Act 2002, to allow persons answering to live link bail at a police station to be searched.

Footnotes

[^f00001]: 2009 c. 25.

[^f00002]: The local justice areas into which England and Wales is divided are specified in the Local Justice Areas Order 2005 (S.I. 2005/554), to which there are amendments not relevant to this Order.

[^f00003]: 1984 c. 60.

[^f00004]: 1998 c. 37.