- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (14/07/2008)
- Gwreiddiol (Fel y'i Deddfwyd)
Criminal Justice and Immigration Act 2008 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date.
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Part 1 Youth rehabilitation orders
Release and recall of prisoners
21.Credit for period of remand on bail: terms of imprisonment and detention
23.Credit for period of remand on bail: transitional provisions
24.Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003
25.Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences
26.Release of certain long-term prisoners under Criminal Justice Act 1991
27.Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK
28.Release of fine defaulters and contemnors under Criminal Justice Act 1991
31.Recall of life prisoners: abolition of requirement for recommendation by Parole Board
32.Release of prisoners recalled following release under Criminal Justice Act 1991
Part 4 Other criminal justice provisions
Part 6 International co-operation in relation to criminal justice matters
Recognition of financial penalties: requests to other member States
Recognition of financial penalties: requests from other member States
93.Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom
94.Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister
95.Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984
SCHEDULES
Further provisions about youth rehabilitation orders
Part 1 Provisions to be included in youth rehabilitation orders
Part 3 Provisions applying where court proposes to make youth rehabilitation order
Part 4 Provisions applying where court makes youth rehabilitation order etc.
Breach, revocation or amendment of youth rehabilitation orders
Part 5 Powers of court in relation to order following subsequent conviction
Transfer of youth rehabilitation orders to Northern Ireland
Part 2 Provisions relating to an order made or amended under Part 1
Effect of the youth rehabilitation order in Northern Ireland
Powers of the home court in respect of the youth rehabilitation order
Powers of court in England or Wales before which the offender is required to appear
Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland
Youth rehabilitation orders: consequential and related amendments
Part 1 Consequential amendments
Children and Young Persons Act 1969 (c. 54)
14.The Children and Young Persons Act 1969 has effect subject...
15.Omit section 25 (transfers between England or Wales and Northern...
16.(1) Section 26 (transfers between England or Wales and the...
17.(1) Section 32 (detention of absentees) is amended as follows....
18.In section 70(1) (interpretation)— (a) omit the definition of “supervision...
19.In section 73(4)(a) (provisions of section 32 extending to Scotland)...
33.The Children Act 1989 has effect subject to the following...
34.(1) Section 21 (provision of accommodation for children in police...
35.In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii)...
36.In section 105(6) (interpretation)— (a) in paragraph (b), omit from...
37.(1) Part 3 of Schedule 3 (education supervision orders) is...
38.In paragraph 3 of Schedule 8 (privately fostered children) for...
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
51.The Powers of Criminal Courts (Sentencing) Act 2000 has effect...
52.In section 19(4)(a) (making of referral orders: effect on court's...
53.In section 73 (reparation orders)— (a) for subsection (4)(b) substitute—...
54.In section 74(3)(a) (requirements and provisions of reparation order, and...
55.In section 75 (breach, revocation and amendment of reparation orders)...
56.In section 91(3) (offenders under 18 convicted of certain serious...
57.In section 137(2) (power to order parent or guardian to...
58.In section 150(2) (binding over of parent or guardian), for...
59.In section 159 (execution of process between England and Wales...
60.(1) Section 160 (rules and orders) is amended as follows....
61.In section 163 (general definitions)— (a) omit the definitions of...
62.(1) Schedule 8 (breach, revocation and amendment of action plan...
63.In Schedule 10 (transitory modifications), omit paragraphs 4 to 6...
64.In Schedule 11 (transitional provisions)— (a) in paragraph 4, omit—...
Child Support, Pensions and Social Security Act 2000 (c. 19)
Criminal Justice Act 2003 (c. 44)
71.Part 12 of the Criminal Justice Act 2003 (sentencing) has...
72.(1) Section 147 (meaning of “community sentence” etc.) is amended...
73.(1) Section 148 (restrictions on imposing community sentences) is amended...
74.In section 149(1) (passing of community sentence on offender remanded...
75.In section 150 (community sentence not available where sentence fixed...
76.(1) Section 151 (community order for persistent offender previously fined)...
77.(1) Section 156 (pre-sentence reports and other requirements) is amended...
78.In section 161 (pre-sentence drug testing)— (a) in subsection (1),...
79.(1) Section 166 (savings for powers to mitigate sentences and...
80.(1) Section 174 (duty to give reasons for, and explain...
82.In section 177(1) (community orders) for “16” substitute “ 18...
83.In section 197(1)(b) (meaning of “the responsible officer”), omit “the...
84.In section 199 (unpaid work requirement)— (a) in subsection (3),...
85.In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs...
86.In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs...
87.In section 203(2), for paragraphs (a) and (b) substitute “...
88.In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and...
89.In section 211 (periodic review of drug rehabilitation requirement), omit...
90.In section 214 (attendance centre requirement), after subsection (6) add—...
91.In section 217(1)(b) (requirement to avoid conflict with religious beliefs...
93.In section 222(1)(e) (rules), after “attendance centre requirements” insert “...
94.Omit section 279 (drug treatment and testing requirement in action...
95.In section 330(5)(a) (orders subject to the affirmative resolution procedure),...
96.In Schedule 8 (breach, revocation or amendment of community order),...
97.Omit Schedule 24 (drug treatment and testing requirement in action...
Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003
Credit for period of remand on bail: transitional provisions
Youth default orders: modification of provisions applying to youth rehabilitation orders
Part 2 Amendments of Criminal Appeal (Northern Ireland) Act 1980
Protection for spent cautions under Rehabilitation of Offenders Act 1974
1.The Rehabilitation of Offenders Act 1974 (c. 53) is amended...
2.In section 6(6) for “the Schedule” substitute “ Schedule 1...
3.After section 8 (defamation actions) there is inserted— Protection afforded...
4.After section 9 (unauthorised disclosure of spent convictions) insert— Unauthorised...
5.The Schedule (service disciplinary proceedings) is re-numbered as Schedule 1....
6.After that Schedule insert— SCHEDULE 2 Protection for spent cautions...
Electronic monitoring of persons released on bail subject to conditions
Bail for summary offences and certain other offences to be tried summarily
2.In section 3(6D)(a) (condition to be imposed on person in...
3.After section 9 (offence of agreeing to indemnify sureties in...
4.Schedule 1 (persons entitled to bail: supplementary provisions) is amended...
5.(1) Paragraph 1 (defendants to whom Part 1 applies) becomes...
6.After Part 1 insert— Part 1A Defendants Accused or Convicted...
Special rules relating to providers of information society services
Sexual offences: grooming and adoption
2.The Sexual Offences Act 2003 (c. 42) has effect subject...
3.In section 27(1)(b) (family relationships) after “but for” insert “...
4.In section 29(1)(b) (sections 25 and 26: sexual relationships which...
5.(1) Section 64 (sex with an adult relative: penetration) is...
6.(1) Section 65 (sex with an adult relative: consenting to...
Hatred on the grounds of sexual orientation
3.In the italic cross-heading before section 29A at the end...
4.After that section insert— Meaning of “hatred on the grounds...
5.In the italic cross-heading before section 29B at the end...
7.In section 29C(1) (publishing or distributing written material), after “religious...
8.In section 29D(1) (public performance of play), after “religious hatred”...
9.In section 29E(1) (distributing, showing or playing a recording), after...
10.In section 29F(1) (broadcasting or including programme in programme service),...
11.In section 29G(1) (possession of inflammatory material), for “religious hatred...
12.(1) Section 29H (powers of entry and search) is amended...
13.(1) Section 29I (power to order forfeiture) is amended as...
14.After section 29J insert— Protection of freedom of expression (sexual...
15.In section 29K(1) (savings for reports of parliamentary or judicial...
16.(1) Section 29L (procedure and punishment) is amended as follows....
17.In section 29N (interpretation), after the definition of “dwelling” insert—...
Offences relating to nuclear material and nuclear facilities
Part 1 Amendments of Nuclear Material (Offences) Act 1983
1.The Nuclear Material (Offences) Act 1983 (c. 18) has effect...
2.(1) Section 1 (extended scope of certain offences) is amended...
3.After section 1 insert— Increase in penalties for offences committed...
4.For section 2 substitute— Offences involving preparatory acts and threats...
5.After section 3 (supplemental) insert— Application to activities of armed...
7.In section 7 (application to the Channel Islands, Isle of...
Penalties suitable for enforcement in England and Wales or Northern Ireland
Grounds for refusal to enforce financial penalties
Part 2 European framework list (financial penalties)
12.Illicit trafficking in narcotic drugs and psychotropic substances.
13.Illicit trafficking in weapons, munitions and explosives.
15.Fraud, including that affecting the financial interests of the European...
19.Environmental crime, including illicit trafficking in endangered animal species and...
26.Illicit trafficking in cultural goods, including antiques and works of...
30.Forgery of administrative documents and trafficking therein.
32.Illicit trafficking in hormonal substances and other growth promoters.
37.Crimes within the jurisdiction of the International Criminal Court.
40.Conduct which infringes road traffic regulations, including breaches of regulations...
43.Threats and acts of violence against persons, including violence during...
46.Offences created by the issuing State and serving the purpose...
Closure orders: premises associated with persistent disorder or nuisance
Nuisance or disturbance on HSS premises
Investigation of complaints of police misconduct etc.
2.In section 23(2) (regulations) after paragraph (q) insert—
3.Schedule 3 (handling of complaints and conduct matters etc.) is...
4.In paragraph 6(4) (handling of complaints by appropriate authority: use...
5.After paragraph 19 insert— Special procedure where investigation relates to...
6.(1) Paragraph 20A (accelerated procedure in special cases) is amended...
7.(1) Paragraph 20B (investigations managed or carried out by Commission:...
8.In paragraph 20D(2) (action by Commission on receipt of memorandum)...
9.(1) Paragraph 20E (other investigations: action by appropriate authority) is...
10.Omit paragraph 20G (special cases: Director of Public Prosecutions) and...
11.(1) Paragraph 21A (procedure where conduct matter is revealed in...
12.(1) Paragraph 22 (final reports on investigations) is amended as...
13.(1) Paragraph 23 (action by Commission in response to investigation...
14.(1) Paragraph 24 (action by the appropriate authority in response...
15.In paragraph 24A(2) (final reports on investigations into other DSI...
17.(1) Paragraph 25 (appeals to Commission with respect to an...
18.(1) Paragraph 27 (duties with respect to disciplinary proceedings) is...
19.After paragraph 28 insert— Minor definitions In this Part of this Schedule— “gross misconduct” means a...
Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”
Amendments to armed forces legislation
12.In section 209 (offenders under 18 convicted of certain serious...
13.(1) Section 219 (dangerous offenders aged 18 or over) is...
14.(1) Section 220 (certain violent or sexual offences: offenders aged...
15.(1) Section 221 (dangerous offenders aged under 18) is amended...
16.(1) Section 222 (offenders aged under 18: certain violent or...
17.(1) Section 223 (the required opinion for the purposes of...
18.(1) Section 228 (appeals where previous convictions set aside) is...
19.In section 237 (purposes of sentencing), in subsection (3)(b)—
20.In section 256 (pre-sentence reports), in subsection (1)(c) for the...
21.In section 260 (discretionary custodial sentences: general restrictions), in subsection...
22.In section 261 (length of discretionary custodial sentences: general provision)—...
23.In section 273 (review of unduly lenient sentences by Court...
Restrictions on imposing community punishment
24.In section 253(2)(h) (duties in complying with section 252) for...
25.In section 254(1) (savings for powers to mitigate sentence etc.)...
26.(1) Section 270 (community punishments: general restrictions etc.) is amended...
27.After section 270 insert— Community punishment available only for offences...
Suspended prison sentences: further conviction or breach of requirement
Minor and consequential amendments
Repatriation of Prisoners Act 1984 (c. 47)
9.The Repatriation of Prisoners Act 1984 has effect subject to...
10.Before section 1 insert— “ Transfer of prisoners to or...
11.(1) Section 1 (issue of warrant for transfer) is amended...
13.(1) Section 3 (transfer into the United Kingdom) is amended...
15.Before section 5 (operation of warrant and retaking prisoners) insert—...
16.(1) Section 5 (operation of warrant and retaking prisoners) is...
17.(1) Section 6 (revocation etc. of warrants) is amended as...
19.(1) The Schedule (operation of certain enactments in relation to...
Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))
Criminal Justice (International Co-operation) Act 1990 (c. 5)
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
40.The Powers of Criminal Courts (Sentencing) Act 2000 has effect...
41.In section 12 (absolute and conditional discharge), in subsection (1)...
42.In section 24(5)(a) (first meeting: duration of contract), after “under...
43.In section 28(a) (offender etc. referred back to court), for...
44.In section 92 (detention under sections 90 and 91: place...
46.In section 130 (compensation orders), in subsection (2) for “section...
47.In section 146 (driving disqualification for any offence), in subsection...
48.In section 164 (further interpretative provisions), in subsection (3)(c) for...
49.(1) Schedule 1 (youth offender panels: further court proceedings) is...
Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)
Sexual Offences Act 2003 (c. 42)
53.The Sexual Offences Act 2003 has effect subject to the...
54.(1) In section 83(6)(a) (notification requirements: initial notification) after “court”...
55.(1) In section 85(4)(a) (notification requirements: periodic notification) after “court”...
57.(1) In section 138 (orders and regulations), at the end...
58.(1) Schedule 3 (sexual offences in respect of which offender...
Criminal Justice Act 2003 (c. 44)
59.The Criminal Justice Act 2003 has effect subject to the...
60.(1) Section 23A (financial penalties) is amended as follows.
61.After section 23A insert— Variation of conditions A relevant prosecutor may, with the consent of the offender,...
62.In section 25 (codes of practice) in subsection (2) after...
63.In sections 88(3), 89(9) and 91(5) (days to be disregarded...
64.In section 142 (purposes of sentencing), in subsection (2)(c) for...
65.In section 150 (circumstances in which community sentence not available),...
66.In section 152 (general restrictions on imposing custodial sentences), in...
67.In section 153 (length of discretionary custodial sentences: general provision),...
69.In section 224 (meaning of “specified offence” etc), in subsection...
71.In section 264 (consecutive terms), in subsection (6)(a)(i) after “means”...
72.In section 305 (interpretation of Part 12), in subsection (4)—...
73.In section 273 (life prisoners transferred to England and Wales),...
74.(1) Section 325 (arrangements for assessing etc risks posed by...
75.In section 326(5)(a) (review of arrangements), for “and this section”...
76.In section 330(5)(a) (orders subject to the affirmative procedure) after...
Transitory, transitional and saving provisions
Part 6 International co-operation in relation to criminal justice matters
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