- Latest available (Revised)
- Original (As enacted)
Criminal Justice and Immigration Act 2008, Section 103 is up to date with all changes known to be in force on or before 17 August 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)A person within subsection (2) may by complaint apply to the appropriate magistrates' court—
(a)for an order varying or discharging a violent offender order;
(b)for an order (a “renewal order”) renewing a violent offender order for such period of not more than 5 years as is specified in the renewal order.
(2)The persons are—
(a)the offender,
(b)the chief officer of police who applied for the order,
(c)(if different) the chief officer of police for the area in which the offender resides, and
(d)(if different) a chief officer of police who believes that the offender is in, or is intending to come to, his police area.
(3)The “appropriate magistrates' court” means the magistrates' court that made the order or (if different)—
(a)a magistrates' court for the area in which the offender resides, or
(b)where the application under this section is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer's police area.
(4)On an application under this section the appropriate magistrates' court may, after hearing—
(a)the applicant, and
(b)any other persons mentioned in subsection (2) who wish to be heard,
make such order varying, renewing or discharging the violent offender order as the court considers appropriate.
But this is subject to subsections (5) to (7).
(5)A violent offender order may only be—
(a)renewed, or
(b)varied so as to impose additional prohibitions, restrictions or conditions on the offender,
if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).
(6)References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.
(7)The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—
(a)where the application under this section is made by a chief officer of police, by that chief officer, or
(b)where the application is made by the offender, by the chief officer of police for the area in which the offender resides.
Commencement Information
I1S. 103 in force at 3.8.2009 by S.I. 2009/1842, art. 2(f)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: