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Criminal Justice and Immigration Act 2008
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- UK Public General Acts
- 2008 c. 4
- SCHEDULE 12
- Paragraph 5
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Criminal Justice and Immigration Act 2008, Paragraph 5 is up to date with all changes known to be in force on or before 23 February 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.
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Changes and effects yet to be applied to Schedule 12 Paragraph 5:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
This section has no associated Explanatory Notes
5(1)Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph.E+W
(2)In that sub-paragraph at the beginning insert “ Subject to sub-paragraph (2), ”.
(3)After that sub-paragraph insert—
“(2)But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—
(a)a summary offence; or
(b)an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—
(i)a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or
(ii)a determination has been made under section 9A(4) of this Act to the same effect.”
Commencement Information
I1Sch. 12 para. 5 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
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