The Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013

Made: 7th May 2013

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

Citation, extent and interpretation

1

• (1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013.

• (2) This Order does not extend to Northern Ireland.

• (3) In this Order—

• “the 1998 Act” means the Crime and Disorder Act 1998[^f00002];

• “the No. 28 Order” means the Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012[^f00003];

• “the No. 29 Order” means the Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) Order 2012[^f00004].

Provisions coming into force on 28th May 2013 in certain local justice areas and the Crown Court for certain purposes

2

• (1) The following provisions of the Criminal Justice Act 2003 come into force on 28th May 2013 in relation to the relevant local justice areas—

• (a) section 41 (allocation of offences triable either way, and sending cases to Crown Court), so far as it relates to the provisions specified in sub-paragraph (c);

• (b) section 332 (repeals), so far as it relates to the provisions specified in sub-paragraph (d);

• (c) Schedule 3[^f00005] (allocation of cases triable either way, and sending cases to the Crown Court etc), so far as it is not already in force, other than—

• (i) paragraph 19(1) (restrictions on reporting of allocation or sending proceedings), so far as it would insert section 52B(4) of the 1998 Act;

• (ii) paragraph 19(2)(b);

• (iii) paragraph 57(2) (amendment of section 7A of the Prosecution of Offences Act 1985[^f00006]);

• (iv) paragraph 66(4), so far as it would omit paragraph (a) of the modified section 3(8) of the 1996 Act (initial duty of prosecutor to disclose);

• (v) paragraphs 70 and 71(d) (extending to Northern Ireland reporting restrictions for applications for dismissal);

• (d) Part 4 of Schedule 37[^f00007] (repeals), so far as it is not already in force, other than the entry relating to paragraph (a) of the modified section 3(8) of the 1996 Act.

• (2) The relevant local justice areas are those local justice areas not specified in—

• (a) article 4(2) of the No. 28 Order (provisions coming into force on 18th June 2012 in certain local justice areas and the Crown Court for certain purposes); or

• (b) the Schedule to the No. 29 Order (list of relevant local justice areas).

• (3) The provisions specified in paragraph (1) are also to come into force on 28th May 2013 in relation to the Crown Court where it deals with—

• (a) a person sent for trial by a magistrates’ court in a relevant local justice area;

• (b) a person committed for sentence by a magistrates’ court in a relevant local justice area.

• (4) In this article “the 1996 Act” means the Criminal Procedure and Investigations Act 1996[^f00008].

Saving provisions

3

• (1) Subject to article 4, the amendments coming into force by virtue of article 2 are to have no effect in relation to an offence (“the relevant offence”) if condition 1 or 2 is satisfied in respect of that offence.

• (2) Condition 1 is satisfied if a person first appeared in respect of the relevant offence before 28th May 2013.

• (3) Condition 2 is satisfied if—

• (a) a person first appears in respect of the relevant offence on or after 28th May 2013,

• (b) the relevant offence is related to an offence which is triable only on indictment (“the indictable-only offence”), and

• (c) the person who is charged with the indictable-only offence first appeared in respect of that offence before 28th May 2013.

• (4) For the purposes of this article—

• (a) a person (“A”) first appears in respect of an offence where A appears or is brought before a magistrates’ court for the first time in the proceedings in respect of the offence with which A is charged;

• (b) a relevant offence is related to an indictable-only offence if, were a magistrates’ court to apply section 51 of the 1998 Act as it was in force immediately before 28th May 2013, that court would be required to send the person charged with the relevant offence to the Crown Court for trial for that offence, or could do so.

End of period in which saving provisions have effect

4

• (1) This article applies in relation to an offence to which the relevant provisions would have effect but for a relevant saving and in relation to which, by 30th August 2013—

• (a) the court has not decided to proceed to summary trial; and

• (b) the person charged has not been committed or sent for trial.

• (2) A relevant saving shall not apply after 30th August 2013 to an offence in relation to which this article applies, and accordingly the relevant provisions have effect after that date in relation to such an offence.

• (3) The relevant provisions are the provisions coming into force by virtue of—

• (a) article 2;

• (b) article 4 of the No. 28 Order (provisions coming into force on 18th June 2012 in certain local justice areas and the Crown Court for certain purposes); or

• (c) article 2 of the No. 29 Order (provisions coming into force on 5th November 2012 in certain local justice areas and the Crown Court for certain purposes).

• (4) The relevant savings are article 3(1) of this Order, article 5(1) of the No. 28 Order (saving provisions) and article 3(1) of the No. 29 Order (saving provisions).

Signed

Signed by the authority of the Secretary of State

Damian Green — Minister of State — Ministry of Justice — 7th May 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force provisions of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”).

Most of the paragraphs in Schedule 3 to the 2003 Act have previously been commenced in relation to specified local justice areas by the Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012 (S.I. 2012/1320) and the Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) Order 2012 (S.I. 2012/2574), which was amended by the Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) (Amendment) Order 2012 (S.I. 2012/2761). Article 2 of this Order brings into force these paragraphs in Schedule 3 to the 2003 Act on 28th May 2013 in relation to all remaining local justice areas and to the Crown Court for certain purposes. These paragraphs in particular—

• amend the provisions by which a magistrates’ court decides on the mode of trial for adults charged with an offence which is triable either on indictment or summarily (“either way offences”) (paragraphs 5 to 8);

• modify the provisions by which children and young persons are ordinarily tried summarily for an offence which is triable on indictment, subject to certain exceptions (paragraph 9);

• introduce provisions by which children and young persons may indicate intention as to plea in certain cases (paragraph 10);

• substitute for provisions in the Crime and Disorder Act 1998 (c. 37) which deal with the sending to the Crown Court of adults charged with offences triable only on indictment (“indictable-only offences”) and certain related offences, new provisions which permit sending to the Crown Court in a wider range of circumstances, including either-way offences (which generally, at present, reach the Crown Court by way of committal proceedings), certain offences involving children and young persons and certain cases involving serious or complex fraud or which involve children as witnesses (paragraph 18);

• make amendments which concern magistrates’ courts’ powers to commit for sentence on summary trial of either-way offences (paragraphs 21 to 28);

• make minor and consequential amendments, including repealing the provisions in the Magistrates’ Courts Act 1980 (c. 43) relating to committal proceedings for either-way offences (paragraph 51).

Article 3 contains saving provisions concerning the provisions brought into force by article 2. The saving provisions provide for circumstances in which a person appears or is brought before a magistrates’ court when he or she had a first appearance concerning that offence before commencement or where someone first appeared on a related indictable-only offence before commencement.

Article 4 removes the effect of the saving provisions from this Order and the two previous commencement orders that commenced provisions in Schedule 3 to the 2003 Act. This ensures that as of 31st August 2013 the provisions in Schedule 3 that are commenced by this Order will have full effect in all local justice areas, and the committal procedure by which an either-way offence reaches the Crown Court will be fully abolished.

A regulatory impact assessment has not been prepared for this Order as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 2003 c. 44.

[^f00002]: 1998 c. 37.

[^f00003]: S.I. 2012/1320.

[^f00004]: S.I. 2012/2574. The Schedule to S.I. 2012/2574 was amended by the Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) (Amendment) Order 2012 (S.I. 2012/2761).

[^f00005]: Schedule 3 to the Criminal Justice Act 2003 (c. 44) was amended by the Constitutional Reform Act 2005 (c. 4), section 59(5) and Schedule 11, paragraph 1(2), the Armed Forces Act 2006 (c. 52), section 378(2) and Schedule 17, and the Criminal Justice and Immigration Act 2008 (c. 4), sections 53 and 149 and Schedules 13 and 28. Provisions substituted or inserted by Schedule 3 to the Criminal Justice Act 2003 have also been amended. Section 19 of the Magistrates’ Courts Act 1980 (c. 43) is amended by the Armed Forces Act 2006, section 378(1) and Schedule 16, paragraph 88 and the Coroners and Justice Act 2009 (c. 25), sections 144 and 177(1) and Schedule 17, paragraphs 4 and 5 and Schedule 21, paragraph 80; section 51A of the Crime and Disorder Act 1998 (c. 37) is amended by the Violent Crime Reduction Act 2006 (c. 38), sections 49 and 65 and Schedule 1, paragraph 5 and Schedule 5; section 51B of the Crime and Disorder Act 1998 is amended by the Commissioners for Revenue and Customs Act 2005 (c. 11), section 50(6) and Schedule 4, paragraph 69; paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 is amended by the Armed Forces Act 2006, section 378(1) and Schedule 16, paragraph 155 and the Coroners and Justice Act 2009, sections 144 and 177(1) and Schedule 17, paragraphs 4 and 5 and Schedule 21, paragraph 81.

[^f00006]: 1985 c. 23.

[^f00007]: Part 4 of Schedule 37 was amended by the Criminal Justice and Immigration Act 2008 (c. 4), sections 148(1) and 149 and Schedule 26, paragraphs 59 and 77 and Schedule 28.

[^f00008]: 1996 c. 25.