Chwilio Deddfwriaeth

Criminal Justice and Immigration Act 2008

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Paragraph 80

 Help about opening options

Version Superseded: 03/12/2012

Alternative versions:

Status:

Point in time view as at 01/02/2011.

Changes to legislation:

Criminal Justice and Immigration Act 2008, Paragraph 80 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

This adran has no associated Nodiadau Esboniadol

80(1)Section 174 (duty to give reasons for, and explain effect of, sentence) is amended as follows.E+W

(2)In subsection (2)—

(a)in paragraph (b), after “that section” insert “ or any other statutory provision ”,

(b)in paragraph (c), after “community sentence” insert “ , other than one consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering, ”, and

(c)after paragraph (c) insert—

(ca)where the sentence consists of or includes a youth rehabilitation order with intensive supervision and surveillance and the case does not fall within paragraph 5(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008, state that it is of the opinion that section 1(4)(a) to (c) of that Act and section 148(1) of this Act apply and why it is of that opinion,

(cb)where the sentence consists of or includes a youth rehabilitation order with fostering, state that it is of the opinion that section 1(4)(a) to (c) of the Criminal Justice and Immigration Act 2008 and section 148(1) of this Act apply and why it is of that opinion,.

(3)After subsection (4) insert—

(4A)Subsection (4B) applies where—

(a)a court passes a custodial sentence in respect of an offence on an offender who is aged under 18, and

(b)the circumstances are such that the court must, in complying with subsection (1)(a), make the statement referred to in subsection (2)(b).

(4B)That statement must include—

(a)a statement by the court that it is of the opinion that a sentence consisting of or including a youth rehabilitation order with intensive supervision and surveillance or fostering cannot be justified for the offence, and

(b)a statement by the court why it is of that opinion.

Commencement Information

I1Sch. 4 para. 80 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)

Yn ôl i’r brig

Options/Cymorth