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Criminal Justice and Immigration Act 2008
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Criminal Justice and Immigration Act 2008, Section 34 is up to date with all changes known to be in force on or before 12 November 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.
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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.
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)
34Removal under Criminal Justice Act 2003E+W
This section has no associated Explanatory Notes
(1)In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.
(4)In subsection (1) (the power of removal)—
(a)for “subsections (2) and (3)” substitute “ subsection (2) ”, and
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For subsection (2) (conditions relating to time) substitute—
“(2)Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.”
(6)Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In subsection (6) (order-making powers)—
(a)in paragraph (a) omit “or (3)(e)”,
(b)omit paragraph (b), and
(c)in paragraph (c) for “subsection (2)(b)(ii)” substitute “ subsection (2) ”.
(9)For subsection (7) (meaning of “requisite custodial period”) substitute—
“(7)In this section “requisite custodial period”—
(a)in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section);
(b)in any other case, has the meaning given by paragraph (a), (b) or (d) of section 244(3).”
F4(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 34(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F2S. 34(4)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F3S. 34(7) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
F4S. 34(10) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
Commencement Information
I1S. 34(1)(3)(4)(a)(5)(6)(8)(9) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 5
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