The Criminal Justice Act 2003 (Commencement No. 4 and Saving Provisions) Order 2004

• Citation: S.I. 2004/1629
• Sections: 3

Section 1

(1) This Order may be cited as the Criminal Justice Act 2003 (Commencement No.4 and Saving Provisions) Order 2004.

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

Section 2

(1) The provisions of the 2003 Act listed in paragraph (2) shall come into force on 3 rd July 2004.

(2) The provisions of the 2003 Act referred to in paragraph (1) are—

(a) sections 22 to 24, 26 and 27 (conditional cautions), except sub-paragraphs (b) and (d) to (g) in the entry relating to the “relevant prosecutor” in section 27;

(b) section 28 (charging or release of persons in police detention) in so far as it relates to the provision referred to in sub-paragraph (c); and

(c) paragraph 3 of Schedule 2 (charging or release of persons in police detention) to the extent that it inserts section 37B(9)(a) of the Police and Criminal Evidence Act 1984 .

Section 3

(1) Subject to paragraphs (3) and (4), the provisions of the 2003 Act listed in paragraph (2) shall come into force on 1 st September 2004.

(2) The provisions referred to in paragraph (1) are—

(a) section 313 (extension of investigations by Criminal Cases Review Commission in England and Wales);

(b) section 314 (extension of investigations by Criminal Cases Review Commission in Northern Ireland);

(c) section 316 (power to substitute conviction of alternative offence on appeal in England and Wales);

(d) section 317 (power to substitute conviction of alternative offence on appeal in Northern Ireland);

(e) section 318 (substitution of conviction on different charge on appeal from court-martial);

(f) section 331 (further minor and consequential amendments ) in so far as it relates to the provisions referred to in sub-paragraph (g);

(g) in Schedule 36 (further minor and consequential amendments), paragraphs 86, 89 and 97.

(3) A direction under section 23A of the Criminal Appeal Act 1968 may not be made in relation to an application for leave to appeal made before the commencement of section 313 of the 2003 Act.

(4) A direction under section 25A of the Criminal Appeal (Northern Ireland) Act 1980 may not be made in relation to an application for leave to appeal made before the commencement of section 314 of the 2003 Act.