http://www.legislation.gov.uk/id/ukpga/1988/33

http://www.legislation.gov.uk/ukpga/1988/33/part/IX/2005-03-11

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

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Statute Law Database

2024-06-25

2005-03-11

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

Part IX Young Offenders

123 Custodial sentences for young offenders.

1

Part I of the M5Criminal Justice Act 1982 shall be amended as mentioned in subsections (2) to (5) below.

F12

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F13

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F24

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5

The following subsection shall be substituted for section 2(4)—

4
Where—
a
the Crown Court passes a sentence of detention in a young offender institution or a sentence of custody for life under section 8(2) below, or
b
a magistrates’ court passes a sentence of detention in a young offender institution,
it shall be its duty—
i
to state in open court that it is satisfied that he qualifies for a custodial sentence under one or more of the paragraphs of section 1(4A) above, the paragraph or paragraphs in question and why it is so satisfied; and
ii
to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

6

The amendments and transitional provisions in Schedule 8 to this Act shall have effect.

124 Detention of young offenders in Scotland.

1

In each of sections 207 and 415 of the M1Criminal Procedure (Scotland) Act 1975 for subsections (5) to (10) there shall be substituted the following subsection—

5
A sentence of detention imposed under this section shall be a sentence of detention in a young offenders institution.

2

Subject to subsection (3) below, in any enactment—

a

for a reference to a detention centre there shall be substituted a reference to a young offenders institution; and

b

for a reference (however expressed) to a detention centre order there shall be substituted a reference to a sentence of detention in a young offenders institution.

3

Nothing in subsection (2) above applies—

a

to section 21 of the M2Firearms Act 1968;

b

to Part I of Schedule I to the M3Law Reform (Miscellaneous Provisions) (Scotland) Act 1980;

c

to section 41(2) of the M4Criminal Justice (Scotland) Act 1980.

4

The amendments and transitional provisions in Schedule 9 to this Act shall have effect.

125 Abolition of power of court to commit juvenile to remand centre instead of local authority care. 1969 c. 54.

Section 22(5) of the Children and Young Persons Act 1969 shall cease to have effect.

F3126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

130 Computation of sentence—time passed in care of local authority in accommodation provided for restricting liberty. 1967 c. 80.

1

At the end of section 67(1A) of the Criminal Justice Act 1967 there shall be added the words

or—
c
any period during which, in connection with the offence for which the sentence was passed, he was in the care of a local authority by virtue of an order under section 23 of the Children and Young Persons Act 1969 and in accommodation provided for the purpose of restricting liberty.

2

This section shall not have effect in relation to any sentence imposed before it comes into force.