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Criminal Justice and Immigration Act 2008

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Changes over time for: Section 34

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Changes to legislation:

Criminal Justice and Immigration Act 2008, Section 34 is up to date with all changes known to be in force on or before 03 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. Help about Changes to Legislation

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

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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