delete The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 7 and Transitional Provision) Order 2006
This is a commencement order (SI 2006/3423) bringing specified provisions of the Domestic Violence, Crime and Victims Act 2004 into force on 8 January 2007. It covers: sections 17-21 (trial by jury of sample counts), section 30 (prosecution appeals), section 56 (grants for victims/witnesses), section 58(1) (consequential amendments), Schedule 1 (Northern Ireland modifications), and paragraph 62 of Schedule 10. A transitional provision excludes cases where pre-commencement events occurred (committal for trial, notice of transfer under various Criminal Justice Acts, or service of prosecution evidence).
Commencement orders merely activate previously enacted legislation and add no substantive regulatory burden, but they should be abolished as part of systematic cleanup. This instrument represents the typical Westminster technique of passing enabling legislation with commencement delegated to ministerial discretion — obscuring democratic accountability. The transitional provision creates arbitrary two-tier treatment of defendants based on timing of procedural events, undermining equal treatment before the law. More fundamentally, if the underlying 2004 Act's provisions are sound, they should commence automatically by operation of law without需要一个 commencement order; if unsound, they should be repealed rather than left dormant awaiting a commencement order. This instrument perpetuates regulatory uncertainty and parliamentary abdication of timing decisions to the executive.