Citation and commencement

1

(1)    This Order may be cited as the Protection of Freedoms Act 2012 (Consequential Amendments) Order 2013.

(2)    This Order comes into force on 13th May 2013.

NOTES
Initial Commencement
Specified date

Specified date: 13 May 2013: see para (2) above,

Consequential amendments and extent

2

Consequential amendments and extent2

The Schedule (which makes consequential amendments) has effect.

NOTES
Initial Commencement
Specified date

Specified date: 13 May 2013: see art 1(2).

3

3

Subject to article 4, the amendments made by the Schedule have the same extent as the Orders and Regulations amended.

NOTES
Initial Commencement
Specified date

Specified date: 13 May 2013: see art 1(2).

4

4

The amendment made by paragraph 1 of the Schedule extends to England and Wales.

NOTES
Initial Commencement
Specified date

Specified date: 13 May 2013: see art 1(2).

Signature

Mark Harper

Minister of State

Home Office

13th April 2013

SCHEDULE Consequential Amendments

SCHEDULE  Consequential Amendments Article 2

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

1

In Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 after paragraph 3(s) insert—

“(sa)    section 59A (trafficking people for sexual exploitation);”.

The Armed Forces (Review of Court Martial Sentence) Order 2009

2

In paragraph 1(f) of the Schedule to the Armed Forces (Review of Court Martial Sentence) Order 2009, for Paragraph (xx) substitute—

“(xx)    section 59A (trafficking people for sexual exploitation); and

(xxi)    section 61 (administering a substance with intent).”.

The Criminal Legal Aid (Remuneration) Regulations 2013

3

In the table in Part 7 of Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013, after the entry relating to the offence of trafficking out of the UK for sexual exploitation insert—

“Trafficking people for sexual exploitationSexual Offences Act 2003, s 59AAs above”.
NOTES
Initial Commencement
Specified date

Specified date: 13 May 2013: see art 1(2).

Extent

Para 1 extends to England and Wales only: see art 4.

Armed Forces95 Public Funding of Criminal Proceedings99 Criminal Procedure99 Military & War95 Criminal Law & Disposition of Offenders98 Offences against the State & the General Public98 PSL - Sexual Offences92 People Trafficking98 Sexual Offences98

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order makes amendments to specified Orders and Regulations consequential upon the amendment of offences relating to the trafficking of people for sexual exploitation set out in the Sexual Offences Act 2003 (c 42). Section 109 of the Protection of Freedoms Act 2012 (c 9) amends the offences set out in the 2003 Act, repealing the offences at sections 57, 58 and 59 and inserting a new offence at section 59A (the “new offence”).

Paragraph 1 of the Schedule amends paragraph 3 of Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing Order) 2006 to specify the new offence for the purposes of Part IV of the Criminal Justice Act 1988 (c 33). Part IV empowers the Attorney General to refer certain criminal cases to the Court of Appeal, with leave of that Court, where the Attorney General considers that the sentences imposed were unduly lenient.

Paragraph 2 of the Schedule amends paragraph 1 of the Schedule to the Armed Forces (Review of Court Martial Sentence) Order 2009 to specify the new offence for the purposes of section 273(3) of the Armed Forces Act 2006 (c 52). Section 273 empowers the Attorney General to refer certain offences to the Court Martial Appeal Court, with leave of that Court, where the Attorney General considers that the sentences imposed were unduly lenient.

Paragraph 3 of the Schedule amends the table in Part 7 of Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013 to insert an entry relating to the new offence. Schedule 1 sets out the graduated fees and fixed fees payable to advocates for proceedings in the Crown Court.

A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.

Armed Forces92 Military & War92 Criminal Law & Disposition of Offenders98 Offences against the State & the General Public98 People Trafficking98 Sexual Offences98