Statutory Instruments
1995 No. 43 (c.3)
CRIMINAL LAW, ENGLAND AND WALES
CRIMINAL LAW, SCOTLAND
CRIMINAL LAW, NORTHERN IRELAND
The Criminal Justice Act 1993 (Commencement No. 8) Order 1995
Made
11th January 1995
In exercise of the powers conferred on me by section 78(3) and (4) of the Criminal Justice Act 1993(1), I hereby make the following Order:
1. This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 8) Order 1995.
2. The provisions of the Criminal Justice Act 1993 (“the 1993 Act”) referred to in the left–hand column of the Schedule to this Order (which relate to the matters described in the right–hand column of the Schedule) shall come into force on 3rd February 1995.
3.—(1) So far as relating to the following provisions of the 1993 Act, namely, sections 27 and 28, this Order extends to England and Wales only.
(2) So far as relating to section 24(12) to (15), this Order extends to Scotland only.
(3) So far as relating to the following provisions of the 1993 Act, namely—
(a)sections 36 to 43; and
(b)paragraph 3 and paragraph 17(2) to (3) and (6) to (7) of Schedule 5 and Schedule 6 so far as it relates to the Northern Ireland (Emergency Provisions) Act 1991(2),
this Order extends to Northern Ireland only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
11th January 1995
Article 2
SCHEDULEPROVISIONS OF THE CRIMINAL JUSTICE ACT 1993 COMING INTO FORCE ON 3RD FEBRUARY 1995
Provisions of the Act
Subject matter of provisions
Section 24(12) to (15)
Miscellaneous amendments
Section 27
Confiscation orders
Section 28
Postponed determinations
Section 36
Confiscation orders
Section 37
Revised assessments
Section 38
Statements, etc. relevant to making confiscation orders
Section 39
Provision of information
Section 40
Variation of confiscation orders
Section 41
Availability of powers and satisfaction of orders
Section 42
Defendant who has died or absconded
Section 43
Compensation
Schedule 5, paragraphs 3 and 17(2), (3), (6) and (7)
Consequential amendments
Schedule 6, so far as it relates to sections 48(3) and 51(3) of the Northern Ireland (Emergency Provisions) Act 1991
Repeals and Revocations
Explanatory Note
(This note is not part of the Order)
This Order brings into force on 3rd February 1995 the provisions of the Criminal Justice Act 1993 specified in the Schedule to the Order.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
This Order has been preceded by the Criminal Justice Act 1993 (Commencement No. 1) Order 1993 (S.I. 1993/1968), the Criminal Justice Act 1993 (Commencement No. 2) (Transitional Provisions and Savings) (Scotland) Order 1993 (S.I. 1993/2035), the Criminal Justice Act 1993 (Commencement No. 3) Order 1993 (S.I. 1993/2734), the Criminal Justice Act 1993 (Commencement No. 4) Order 1994 (S.I. 1994/71), the Criminal Justice Act 1993 (Commencement No. 5) Order 1994 (S.I. 1994/242), the Criminal Justice Act 1993 (Commencement No. 6) Order 1994 (S.I. 1994/700) and the Criminal Justice Act 1993 (Commencement No. 7) Order 1994 (S.I. 1994/1951). The first of these Orders brought into force on two different dates, certain provisions of that Act for England and Wales. The second Order brought into force for Scotland section 67(1) of that Act on 16 August 1993. The third Order brought into force certain provisions of that Act on 1st December 1993 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland, Scotland and Northern Ireland and Northern Ireland only. The fourth Order brought into force certain provisions of that Act on 15 February 1994 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland and Northern Ireland. The fifth Order brought into force certain provisions of that Act on 1st March 1994 for, variously, the United Kingdom, Great Britain and Northern Ireland only. The sixth Order brought into force certain provisions of that Act on 1st April 1994 for, variously, the United Kingdom, Great Britain, England and Wales, Scotland and Northern Ireland. The seventh Order brought into force section 72 of that Act on 22nd August 1994 for the United Kingdom, the Channel Islands and the Isle of Man.
The Tables below set out in chronological order the provisions of the Act brought into force by the Orders and the dates of coming into force of those provisions.
TABLE A
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR ENGLAND AND WALES ONLY BY S.I. 1993/1968, 1993/2734, 1994/71 AND 1994/700.
Provision of the Act
Date of coming into force
Section 16
15th February 1994
Section 18
1st April 1994
Section 20(1)
1st December 1993
Section 21(2)
1st December 1993
Section 21(3)(a), (b) and (g)
1st December 1993
Section 22(1)
1st December 1993
Section 26(1)
1st April 1994
Section 65
20th September 1993
Section 66
16th August 1993
Section 67
16th August 1993
Section 74
15th February 1994
Section 79(14) (partially)
20th September 1993
Schedule 3
20th September 1993
Schedule 4 (partially)
1st April 1994
Schedule 5 (partially)
15th February 1994
Schedule 6 (partially)
20th September 1993 and 15th February 1994
TABLE B
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR SCOTLAND ONLY BY S.I. 1993/2035, 1993/2734, 1994/71 AND 1994/700.
Provision of the Act
Date of coming into force
Section 17
15th February 1994
Section 19
1st April 1994
Section 20(2)
1st December 1993
Section 21(3)(c) and (d)
1st December 1993
Section 22(2)
1st December 1993
Section 26(2)
1st April 1994
Section 33
15th February 1994
Section 67(1)
16th August 1993
Schedule 4 (partially)
1st April 1994
Schedule 5 (partially)
15th February 1994
TABLE C
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM BY S.I. 1993/2734, 1994/71, 1994/242 AND 1994/700.
Provision of the Act
Date of coming into force
Section 21(1)
1st December 1993
Section 21(3)(h)
1st December 1993
Section 23
1st December 1993
Section 45
1st December 1993
Section 46
1st December 1993
Section 47
15th February 1994
Section 48
1st April 1994
Section 49
15th February 1994
Section 50
1st April 1994
Section 51
1st April 1994
Section 52
1st March 1994
Section 53
1st March 1994
Section 54
1st March 1994
Section 55
1st March 1994
Section 56
1st March 1994
Section 57
1st March 1994
Section 58
1st March 1994
Section 59
1st March 1994
Section 60
1st March 1994
Section 61
1st March 1994
Section 62
1st March 1994
Section 63
1st March 1994
Section 64
1st March 1994
Section 77
1st April 1994
Section 78
15th February 1994
Section 79(13) (partially)
15th February 1994 and 1st March 1994
Section 79(14) (partially)
15th February 1994 and 1st March 1994
Schedule 1
1st March 1994
Schedule 2
1st March 1994
Schedule 4 (partially)
1st April 1994
Schedule 5 (partially)
1st March 1994 and 1st April 1994
Schedule 6 (partially)
15th February 1994 and 1st March 1994
TABLE D
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR GREAT BRITAIN ONLY BY S.I. 1993/2734, 1994/71, 1994/242 AND 1994/700.
Provision of the Act
Date of coming into force
Section 21(3)(e)
1st December 1993
Section 29
15th February 1994
Section 30
15th February 1994
Section 31
15th February 1994
Section 32
1st April 1994
Section 34(1)
1st December 1993
Section 35
1st December 1993
Section 73
1st December 1993
Schedule 4 (partially)
1st April 1994
Schedule 5 (partially)
1st February 1994 and 1st March 1994
Schedule 6 (partially)
1st March 1994
TABLE E
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR SCOTLAND AND NORTHERN IRELAND ONLY BY S.I. 1993/2734.
Provision of the Act
Date of coming into force
Section 21(3)(f)
1st December 1993
Section 34(2)
1st December 1993
TABLE F
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR NORTHERN IRELAND ONLY BY S.I. 1993/2734, 1994/71, 1994/242 and 1994/700.
Provision of the Act
Date of coming into force
Section 44
1st December 1993
Schedule 5 (partially)
1st March 1994 and 1st April 1994
Schedule 6 (partially)
15th February 1994 and 1st March 1994
TABLE G
PROVISIONS OF THE ACT BROUGHT INTO FORCE FOR THE UNITED KINGDOM, THE CHANNEL ISLANDS AND THE ISLE OF MAN BY S.I. 1994/ 1951.
Provision of the Act
Date of coming into force
Section 72
22 August 1994
(1)
1993 c. 36.
(2)
1991 c. 24.
