Statutory Instruments
Criminal Law, England And Wales
Made
28th September 2016
The Secretary of State makes the following Order in exercise of the powers conferred by sections 60(b), 61(2) and 61(8) of the Crime and Courts Act 2013(1).
1.—(1) This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 15, Transitional and Savings Provisions) Order 2016.
(2) In this Order “the Act” means the Crime and Courts Act 2013.
2.—(1) Subject to articles 3 and 4, the following provisions of the Act come into force on 17th October 2016 in relation to the local justice areas(2) specified in paragraph (2)—
(a)section 44 (dealing non-custodially with offenders), so far as relating to Part 4 of Schedule 16 to the Act, and
(b)Part 4 of Schedule 16 (electronic monitoring of offenders).
(2) The specified local justice areas are—
(a)Birmingham and Solihull;
(b)Black Country;
(c)Central and South West Staffordshire;
(d)Coventry and Warwickshire;
(e)Leicestershire and Rutland;
(f)North Staffordshire;
(g)Nottinghamshire, and
(h)South East Staffordshire.
3. Subject to article 4, the provisions of the Act brought into force by article 2 cease to be in force at the end of 13th October 2017.
4.—(1) The provisions of the Act brought into force by article 2 do not apply in relation to electronic monitoring requirements imposed by a court in accordance with section 215 of the Criminal Justice Act 2003(3) in the areas specified in article 2(2) before 17th October 2016.
(2) Article 3 does not affect the continued application after 13th October 2017 of an electronic monitoring requirement imposed by a court in the areas specified in article 2(2) on or after 17th October 2016 and before or on 13th October 2017 and the provisions brought into force by article 2 shall continue to have effect after 13th October 2017 in relation to any such requirements imposed during that period.
Sam Gyimah
Parliamentary Under Secretary of State
Ministry of Justice
28th September 2016
(This note is not part of the Order)
Part 4 of Schedule 16 to the Crime and Courts Act 2013 (c.22) (“the 2013 Act”) amends the framework for the electronic monitoring of offenders set out in the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”). In particular, it amends the definition of “electronic monitoring requirements” (as contained in the 2003 Act) which can be imposed as part of a community order or suspended sentence order. Section 61 of the 2013 Act provides that section 44 of, and Part 4 of Schedule 16 to, the 2013 Act can be brought into force for specified periods in specified areas. This Order commences Part 4 of Schedule 16 to the Act in the specified local justice areas set out in article 2. Article 3 provides those provisions will remain in force until 13th October 2017, subject to the saving and transitional provisions in article 4.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
(This note is not part of the Order)
The following provisions of the Crime and Courts Act 2013 have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
Section 1(1) and (2) Section 1(3) to (11) Section 1(12) (partially) Section 1(12), so far as not already in force Section 2 Section 3 Section 4(1) Section 4(2) to (9) Section 4(10) (partially) Section 4(10), so far as not already in force Section 5(1) to (9), (11) and (12) Section 5(10) (partially) Section 5(10), so far as not already in force Section 6(1), (3) and (4) Section 6(2) Section 7 Section 8(1) to (5) Section 8(6) (partially) Section 8(6), so far as not already in force Section 9(1) to (3) and (5) to (8) Section 9(4) (partially) Section 9(4) (partially) Section 9(4), so far as not already in force Section 10 Section 11(1) to (5), (7) and (8) Section 11(6) (partially) Section 11(6), so far as not already in force Section 11(9) (partially) Section 11(9), so far as not already in force Section 12 Section 13 Section 14 Section 15(1) and (2) Section 15(3) (partially) Section 15(3) (partially) Section 15(3) (partially) Section 16 Section 17(4) Section 17(5) (partially) Section 17, so far as not already in force Section 18 Section 20 (partially) Section 20 (partially) Section 20 (partially) Section 21 Section 22 Section 23 Section 24 Section 25(4) (partially) Section 25(5) and (8) Section 25, so far as not already in force Section 27 Section 28 Section 29 Section 30 Section 32 Section 41 (partially) Section 42 (partially) Section 44 (partially) Section 45 Section 46(1) and (5) (partially) Section 46(6) and (7) Section 46, so far as not already in force Section 47 Section 48(6) (partially) Section 49 (partially) Section 49, so far as not already in force Section 50 (partially) Section 50 (partially) as to England and Wales) Section 50 (partially) Section 50 (partially) as to England and Wales and Northern Ireland Section 50 (partially) as to Northern Ireland Section 51 Section 52 Section 53 Section 54 Section 55(1) and (2) Section 55(3) (partially) Section 55(3) (partially) Section 55(4) Section 55(5) Section 55(6) to (13) Section 55(14) (partially) Section 55(14) (partially) Section 56 as to England and Wales Section 57 Schedule 1, paragraph 7 Schedule 1, so far as not already in force Schedule 2, paragraphs 1, 4 and 5 Schedule 2, so far as not already in force Schedule 3, paragraph 34 Schedule 3, so far as not already in force Schedule 4, paragraph 1 Schedule 4, so far as not already in force Schedule 5, paragraphs 5, 27, 28, 29 and 30 Schedule 5, paragraph 4 Schedule 5, so far as not already in force Schedule 6, paragraphs 5(5) and (6) Schedule 6, so far as not already in force Schedule 7 Schedule 8, paragraphs 1 to 5 and 13 Schedule 8, paragraphs 101 to 103 Schedule 8, paragraphs 6 to 10, 12 to 100 and 104 to 190 Schedule 9, paragraphs 21 (except for subparagraph (3)), 27 and 30 Schedule 9, so far as not already in force Schedule 10 Schedule 11 Schedule 12 Schedule 13, Part 1 Schedule 13, Parts 2, 6 and 7 Schedule 13, Part 3 Schedule 13, Part 4 (partially) Schedule 14 Schedule 15 (partially) Schedule 16, Parts 1 to 3 and 5 to 7, and so far as extending to the United Kingdom, Part 8 (except paragraph 37) Schedule 17 Schedule 18, Part 1 Schedule 19, paragraphs 24, 26 and 28 (all partially) Schedule 19 Part 1 (partially) and Parts 2 and 3 Schedule 20, paragraphs 3 and 6 (partially) Schedule 20, paragraphs 10 to 15 as to England and Wales Schedule 20, paragraphs 16 to 29 Schedule 20, Part 1, so far as not already in force as to England and Wales and Northern Ireland Schedule 20, Part 2, as to Northern Ireland Schedule 21, paragraphs 1 to 13 Schedule 21, paragraph 14 (partially) Schedule 21, paragraph 14 (partially) Schedule 21, paragraphs 15 to 18 Schedule 21, paragraph 19 Schedule 21, paragraphs 20 to 29 Schedule 21, paragraphs 30 to 38 Schedule 21, paragraphs 39 to 50 Schedule 22 as to England and Wales | 27th May 2013 7th October 2013 27th May 2013 7th October 2013 7th October 2013 27th May 2013 7th October 2013 27th May 2013 27th May 2013 7th October 2013 7th October 2013 8th May 2013 7th October 2013 7th October 2013 27th May 2013 7th October 2013 7th October 2013 8th May 2013 7th October 2013 7th October 2013 8th May 2013 27th May 2013 7th October 2013 7th October 2013 7th October 2013 8th May 2013 7th October 2013 8th May 2013 7th October 2013 7th October 2013 7th October 2013 8th May 2013 7th October 2013 8th May 2013 27th May 2013 7th October 2013 8th May 2013 4th September 2013 1st October 2013 22nd April 2014 1st June 2015 15th July 2013 4th September 2013 1st October 2013 1st October 2013 1st November 2013 15th July 2013 7th January 2014 15th July 2013 15th July 2013 6th April 2014 11th December 2013 22nd April 2014 15th July 2013 1st October 2013 15th July 2013 3rd November 2015 3rd November 2015 11th December 2013 24th February 2014 20th March 2015 20th March 2015 1st June 2015 20th March 2015 1st June 2015 22nd November 2014 1st June 2015 29th July 2013 29th July 2013 18th September 2013 14th October 2013 14th October 2013 8th May 2013 25th June 2013 25th June 2013 25th June 2013 25th June 2013 25th June 2013 22nd November 2014 22nd November 2014 25th June 2013 25th June 2013 25th June 2013 22nd November 2014 2nd March 2015 1st February 2014 27th May 2013 7th October 2013 27th May 2013 7th October 2013 8th May 2013 7th October 2013 8th May 2013 7th October 2013 8th May 2013 27th May 2013 7th October 2013 8th May 2013 7th October 2013 7th October 2013 8th May 2013 27th May 2013 7th October 2013 1st October 2013 22nd April 2014 22nd April 2014 22nd April 2014 1st June 2015 1st October 2013 15th July 2013 4th September 2013 1st October 2013 1st October 2013 3rd November 2015 11th December 2013 24th February 2014 1st June 2015 22nd November 2014 1st June 2015 18th September 2013 29th July 2013 29th July 2013 14th October 2013 14th October 2013 25th June 2013 25th June 2013 22nd November 2014 22nd November 2014 25th June 2013 22nd November 2014 25th June 2013 25th June 2013 2nd March 2015 | |
2013 c. 22. There are amendments to section 61, but none are relevant to this Order.
Local justice areas were established by S.I. 2005/554, which was amended by S.I. 2011/1168, 2013/1777 and 2013/1878; there are other amending instruments but none are relevant.
2013 c. 44; section 215 was amended by section 76(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) solely for the purposes of a pilot in relation to the local justice areas specified in S.I. 2016/286 with respect to alcohol abstinence monitoring requirements.