The Coroners and Justice Act 2009 (Commencement No. 1 and Transitional Provisions) Order 2009

• Citation: S.I. 2009/3253
• Sections: 4

Section 1 Citation and interpretation

(1) This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 1 and Transitional Provisions) Order 2009.

(2) In this Order—

“the 2009 Act ” means the Coroners and Justice Act 2009;

“the 1998 Act ” means the Crime and Disorder Act 1998 ;

“the 1984 Act ” means the Police and Criminal Evidence Act 1984 ;

“live link bail” has the same meaning as in section 46ZA(1) of the 1984 Act; and

“a live link direction” is a direction given by a court under Part 3A of the 1998 Act (live links for accused’s attendance at certain preliminary and sentencing hearings).

Section 2 Commencement

The following provisions of the 2009 Act shall come into force on 14th December 2009—

(a) in section 106 (directions to attend through live link)—

(i) subsections (2) and (5);

(ii) subsection (4); and

(iii) subsection (1) so far as it relates to those subsections;

(b) section 109 (use of live link in certain enforcement hearings); and

(c) section 110 (direction of registrar for appeal hearing by live link).

Section 3 Commencement for certain areas

(1) The following provisions of the 2009 Act shall come into force on 14th December 2009 in the relevant local justice areas —

(a) in section 106, subsection (3), and subsection (1) so far as it relates to that subsection;

(b) section 107 (answering to live link bail); and

(c) section 108 (searches of persons answering to live link bail).

(2) The relevant local justice areas are—

(a) in London: Barking and Dagenham; Barnet; Bexley; Brent; Bromley; Camden and Islington; City of London; City of Westminster; Croydon; Ealing; Enfield; Greenwich and Lewisham; Hackney and Tower Hamlets; Hammersmith and Fulham and Kensington and Chelsea; Haringey; Harrow Gore; Havering; Hillingdon; Hounslow; Kingston-upon-Thames; Lambeth and Southwark; Merton; Newham; Redbridge; Richmond-upon-Thames; Sutton; Waltham Forest; and Wandsworth; and

(b) in Kent: Central Kent; East Kent; and North Kent.

Section 4 Transitional provisions

(1) The amendments which come into force by virtue of article 2(a)(i) and (iii) of this Order to section 57B (use of live link at preliminary hearings where accused is in custody) and section 57E (use of live link in sentencing hearings) of the 1998 Act shall have no effect in relation to a live link direction given before the relevant date.

(2) The amendments which come into force by virtue of article 3(1)(a) of this Order to section 57C of the 1998 Act (use of live link at preliminary hearings where accused is at police station) shall have no effect in relation to a relevant hearing.

(3) A relevant hearing is a preliminary hearing—

(a) in relation to which the court has power to give a live link direction under section 57C(2) of the 1998 Act because subsection (4) of that section applies to the accused; and

(b) that accused is at a police station on or after the relevant date to answer to live link bail granted before the relevant date.

(4) The amendments which come into force by virtue of article 3(1)(b) of this Order to—

(a) section 46ZA of the 1984 Act (answering to live link bail); and

(b) section 46A of that Act (power of arrest for failure to answer to police bail),

shall have no effect in relation to an accused person who attends a police station on or after the relevant date to answer to live link bail granted before the relevant date.

(5) In this article, the relevant date is 14th December 2009.