The Criminal Justice Act 2003 (Commencement No. 30 and Consequential Amendment) Order 2012

Made: 17th November 2012

The Secretary of State makes the following Order in exercise of the power conferred by section 336(3) of the Criminal Justice Act 2003[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 30 and Consequential Amendment) Order 2012.

• (2) In this Order “the Act” means the Criminal Justice Act 2003.

Commencement of sentencing provision

2

Section 257(2)(c) of the Act (additional days for disciplinary offences) comes into force on 3rd December 2012 in so far as it relates to paragraphs 17, 19(2) and 26 of Schedule 20B to the Act[^f00002].

Commencement of certain provisions which repeal sentencing provisions

3

• (1) The entry in Part 7 of Schedule 37 to the Act relating to section 65 of the Criminal Justice Act 1991[^f00003] (supervision of young offenders after release) comes into force—

• (a) on 3rd December 2012 in so far as it relates to section 65(1); and

• (b) on 1st May 2013 for remaining purposes.

• (2) Subject to paragraph (3), the entry in Part 7 of Schedule 37 to the Act relating to section 85 of the Sentencing Act[^f00004] (sexual and violent offences: extension of certain custodial sentences for licence purposes)[^f00005] comes into force on 3rd December 2012 for remaining purposes.

• (3) The coming into force of the entry mentioned in article 3(2) is of no effect in relation to a person convicted before 3rd December 2012.

• (4) The entry in Part 7 of Schedule 37 to the Act relating to sections 116 and 117 of the Sentencing Act (return to prison etc. where offence committed during original sentence)[^f00006] comes into force on 3rd December 2012 for remaining purposes.

Amendment of the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005

4

• (1) In Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005[^f00007]—

• (a) in paragraph 5(2)(c)(xii), omit “85,”; and

• (b) omit paragraph 29.

• (2) This article comes into force on 3rd December 2012.

Signed

Signed by authority of the Secretary of State

Jeremy Wright — Parliamentary Under Secretary of State — Ministry of Justice — 17th November 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Criminal Justice Act 2003 (Commencement No. 30 and Consequential Amendment) Order 2012 commences provisions of the Criminal Justice Act 2003 (c.44) (“the Act”) as a consequence of changes to sentencing provisions made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Article 2 brings into force section 257(2)(c) of the Act (additional days for disciplinary offences) to allow for the extension of licence periods in respect of additional days where the licence period is shorter than the end of sentence.

The effect of article 3(1)(a) is the repeal of section 65(1) of the Criminal Justice Act 1991 (c.53) (supervision of young offenders after release) so that no further supervision periods can be imposed under that section. The rest of the section 65 is left in force so that any supervision periods imposed before 3rd December 2012 continue to operate and breaches can be pursued until the licence is finished. Such supervision periods only last for three months and accordingly, to allow for breach proceedings to be brought in the court, the rest of section 65 is repealed (by virtue of article 3(1)(b)) on 1st May 2013.

The effect of article 3(2) and (3) is to repeal section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) (“the Sentencing Act”) (sexual and violent offences: extension of certain custodial sentences for licence purposes), subject to a saving in relation to persons convicted before 3rd December 2012.

The effect of article 3(4) is to repeal sections 116 and 117 of the Sentencing Act (return to prison etc. where offence committed during original sentence).

Article 4 makes consequential amendments to remove previous saving provisions in relation to sections 85, 116 and 117 of the Sentencing Act.

Footnotes

[^f00001]: 2003 c.44.

[^f00002]: Schedule 20B was inserted by paragraph 10 of Schedule 17 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10).

[^f00003]: 1991 c.53.

[^f00004]: The Sentencing Act is defined in section 305(1) of the Criminal Justice Act 2003 as the Powers of Criminal Courts (Sentencing) Act 2000 (c.6).

[^f00005]: Part 7 of Schedule 37 to the Criminal Justice Act 2003 makes provision for repealing (among other things) section 85 of the Sentencing Act. The repealing provision was commenced, in so far as it relates to that section, by paragraph 44(4)(r) of Schedule 1 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950). However, paragraph 5(2)(c)(xii) of Schedule 2 to that Order provides that the coming into force of the repeal is of no effect in relation to an offence committed before 4th April 2005.

[^f00006]: Part 7 of Schedule 37 to the 2003 Act makes provision for repealing (among other things) sections 116 and 117 of the Sentencing Act. The repealing provision was commenced, in so far as it relates to those sections, by paragraph 44(4)(r) of Schedule 1 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950). However, paragraph 29 of Schedule 2 to that Order provides that the coming into force of the repeal is of no effect in relation to an offence committed before 4th April 2005 or for sentences of under 12 months.

[^f00007]: S.I. 2005/950.