|
|
|
|
|
|
|
|
|
|
Crime (Sentences)
Act 1997 |
|
|
|
|
|
|
(a) |
in
subsection (1), paragraph (d) and the |
|
|
|
|
|
|
|
|
|
|
(b) |
in
subsection (2), paragraph (c) and the |
|
|
5 |
|
|
|
|
|
|
Protection from Harassment
|
|
In Article 7, the
words “under Article 4 or 6” in |
|
|
|
|
|
paragraph (1) and the
word “further” in |
|
|
|
|
1997 (S.I. 1997/1180 (N.I. 9)) |
|
|
|
|
|
Crime and Disorder
Act 1998 |
|
|
|
10 |
|
|
|
|
|
|
Access to Justice Act
1999 (c. 22) |
|
In Schedule 13, paragraph
163. |
|
|
|
|
Powers of Criminal
Courts |
|
In Schedule 9, paragraph
133. |
|
|
|
|
(Sentencing) Act 2000
(c. 6) |
|
|
|
|
|
Care Standards Act
2000 (c. 14) |
|
In Schedule 4, paragraph
16. |
|
|
15 |
|
Criminal Justice and
Court |
|
|
|
|
|
Services Act 2000 (c. 43) |
|
In Schedule 7, paragraphs
99 to 102. |
|
|
|
|
Sexual Offences Act
2003 (c. 42) |
|
|
|
|
|
Criminal Justice Act
2003 (c. 44) |
|
In section 246(6),
in the definition of “the |
|
|
|
|
|
required custodial
days”, the word “or” |
|
|
20 |
|
|
|
|
|
|
|
In section 264(1),
the word “and” preceding |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Transitional and transitory
provisions |
|
25 |
1 (1) |
Section 1
and paragraphs 25 to 27 of Schedule 10
apply only in relation to |
|
|
conduct occurring on
or after the commencement of that section. |
|
|
(2) |
In relation to
an offence committed before the commencement of section |
|
|
154(1) of the Criminal
Justice Act 2003 (c. 44), the reference to 12 months in |
|
|
subsection (5)(b)
of section 42A of the Family Law Act 1996 (inserted by |
|
30 |
section 1
of this Act) is to be read as a reference to six months. |
|
|
2 |
In section 5,
the reference in subsection (1)(a) to an unlawful act does not
|
|
|
include an act that (or
so much of an act as) occurs before the commencement |
|
|
|
|
3 (1) |
This paragraph has
effect, in relation to any time before the commencement |
|
35 |
of the repeal (by paragraph
51 of Schedule 3 to the Criminal Justice Act 2003) |
|
|
of section 6 of the
Magistrates’ Courts Act 1980 (c. 43), where— |
|
|
(a) |
a magistrates’
court is considering under subsection (1) of that |
|
|
section whether
to commit a person (“the accused”) for trial for an
|
|
|
offence of murder
or manslaughter, and |
|
40 |
(b) |
the accused is
charged in the same proceedings with an offence |
|
|
under section 5
above in respect of the same death. |
|
|
|
|
|
|
|
|
|
(2) |
If
there is sufficient evidence to put the accused on trial by jury
for the |
|
|
offence under section
5,
there is deemed to be sufficient evidence to put him |
|
|
on trial by jury
for the offence of murder or manslaughter. |
|
|
4 |
Section 10
applies only in relation to offences committed on or after the
|
|
|
commencement of that section. |
|
5 |
5 (1) |
Section 12(1)
and paragraphs 31(3) and 35 of Schedule 10
do not apply where |
|
|
the conviction occurs
before the commencement of those provisions. |
|
|
(2) |
Section 12(2)
applies only in relation to applications made on or after the
|
|
|
commencement of
that provision. |
|
|
(3) |
Section 12(4)
and paragraphs 31(2) and 32 of Schedule 10
do not apply where |
|
10 |
the acquittal (or,
where subsection (5) of the inserted section 5A applies, the |
|
|
allowing of the
appeal) occurs before the commencement of those |
|
|
|
|
6 (1) |
Section 13(1)
and paragraph 34(3) of Schedule 10
do not apply where the |
|
|
conviction occurs before
the commencement of those provisions. |
|
15 |
(2) |
Section 13(2)
applies only in relation to applications made on or after the
|
|
|
commencement of
that provision. |
|
|
(3) |
Section 13(4)
and paragraph 34(2) of Schedule 10
do not apply where the |
|
|
acquittal (or,
where paragraph (5) of the inserted Article 7A applies, the |
|
|
allowing of the
appeal) occurs before the commencement of those |
|
20 |
|
|
7 |
Section 14
applies only in relation to offences committed on or after the
|
|
|
commencement of that section. |
|
|
8 (1) |
The provisions mentioned
in sub-paragraph (2) do not apply— |
|
|
(a) |
in relation to
proceedings before the Crown Court or a court-martial, |
|
25 |
where the accused
was arraigned before the commencement of those |
|
|
|
|
(b) |
in relation to
proceedings before the Court of Appeal or the Courts- |
|
|
Martial Appeal Court,
where the hearing of the appeal began before |
|
|
|
30 |
|
|
|
|
(b) |
section 24 and Schedule
2; |
|
|
(c) |
section 26
and Schedule 3; |
|
|
(d) |
paragraphs 5, 6,
8, 17 to 23, 45, 60 and 61 of Schedule 10. |
|
35 |
9 |
The Schedule inserted
by Schedule 2
has effect in relation to any time before |
|
|
the commencement of sections
8 and 37 of the Courts Act 2003 (c. 39)— |
|
|
(a) |
as if a reference
to a local justice area were to a petty sessions area; |
|
|
(b) |
as if a reference
to a designated officer were to a justices’ chief |
|
|
|
40 |
10 |
Each entry in Schedule
11
applies in the same way as the provision of this |
|
|
Act to which it corresponds. |
|
|
|