§ Mr. Teddy Taylor
To ask the Secretary of State for the Home Department which sections of the Criminal Justice Act 1988 have not yet been implemented; and if he will make a statement explaining the reasons why these sections have not yet been implemented.
§ Mr. John Patten
[holding answer 10 July 1989]: Section 43 of the Act which widens the powers of the Court of Appeal to order a retrial, section 146 and schedule 13, which reform rules of evidence in service courts, and section 159, which creates a right of appeal against orders restricting reporting of and access to Crown Court proceedings will come into force on 31 July. Section 119, which increases the upper age limit for jurors, will come into force on 15 February 1990.
Sections 1–22 and schedule 1, which relate to extradition, are consolidated by the Extradition Bill which has been introduced in the House of Lords. The Bill is expected to receive Royal Assent before the summer recess, and its provisions will take effect two months later.
The implementation of section 29, which concerns the issue of letters of request to foreign courts seeking their assistance in obtaining evidence, has been delayed while we have considered the role of such a provision in the context of more comprehensive legislation on mutual legal assistance, for which we will bring forward proposals at the earliest possible opportunity.
Further consideration is being given to the implernentation of section 32 in so far as it is not already in force. This relates to the giving of evidence through a live television link by witnesses who are outside the United Kingdom.
Section 65, which concerns the powers of civilian fine enforcement officers, will be brought into force once the preparation of related court rules is complete.
Sections 108–117 and schedules 6 and 7 establish the Criminal Injuries Compensation Board on a statutory basis. Under schedules 6 and 7, detailed procedural rules are required for the statutory scheme, and we are discussing the content of these with the board.
Sections 150 and 151 extend to Customs and Excise officers police powers to grant bail and re-arrest if a suspect seems likely to abscond. Because of operational difficulties which would arise in practice from their interaction with provisions in the Police and Criminal Evidence Act 1984 these provisions have not yet been brought into force.
All 132 other sections of, and 12 schedules to, the Act are already in force.