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Criminal Justice and Immigration Act 2008

Changes to legislation:

Criminal Justice and Immigration Act 2008 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 Youth rehabilitation orders

    1. Youth rehabilitation orders

      1. 1.Youth rehabilitation orders

      2. 2.Breach, revocation or amendment of youth rehabilitation orders

      3. 3.Transfer of youth rehabilitation orders to Northern Ireland

      4. 4.Meaning of “the responsible officer”

      5. 5.Responsible officer and offender: duties in relation to the other

    2. Supplementary

      1. 6.Abolition of certain youth orders and related amendments

      2. 7.Youth rehabilitation orders: interpretation

      3. 8.Isles of Scilly

  3. Part 2 Sentencing

    1. General sentencing provisions

      1. 9.Purposes etc. of sentencing: offenders under 18

      2. 10.Effect of restriction on imposing community sentences

      3. 11.Restriction on power to make a community order

      4. 12.Pre-sentence reports

    2. Custodial sentences

      1. 13.Sentences of imprisonment for public protection

      2. 14.Sentences of detention for public protection

      3. 15.Extended sentences for certain violent or sexual offences: persons 18 or over

      4. 16.Extended sentences for certain violent or sexual offences: persons under 18

      5. 17.The assessment of dangerousness

      6. 18.Further amendments relating to sentences for public protection

      7. 19.Indeterminate sentences: determination of tariffs

      8. 20.Consecutive terms of imprisonment

    3. Release and recall of prisoners

      1. 21.Credit for period of remand on bail: terms of imprisonment and detention

      2. 22.Credit for period of remand on bail: other cases

      3. 23.Credit for period of remand on bail: transitional provisions

      4. 24.Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003

      5. 25.Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences

      6. 26.Release of certain long-term prisoners under Criminal Justice Act 1991

      7. 27.Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK

      8. 28.Release of fine defaulters and contemnors under Criminal Justice Act 1991

      9. 29.Release of prisoners after recall

      10. 30.Further review and release of prisoners after recall

      11. 31.Recall of life prisoners: abolition of requirement for recommendation by Parole Board

      12. 32.Release of prisoners recalled following release under Criminal Justice Act 1991

    4. Early removal of prisoners from the United Kingdom

      1. 33.Removal under Criminal Justice Act 1991

      2. 34.Removal under Criminal Justice Act 2003

    5. Referral orders

      1. 35.Referral conditions

      2. 36.Power to revoke a referral order

      3. 37.Extension of period for which young offender contract has effect

    6. Enforcement of sentences

      1. 38.Imposition of unpaid work requirement for breach of community order

      2. 39.Youth default orders

      3. 40.Power to impose attendance centre requirement on fine defaulter

      4. 41.Disclosure of information for enforcing fines

  4. Part 3 Appeals

    1. Appeals by defendant

      1. 42.Power to dismiss certain appeals following references by the CCRC: England and Wales

      2. 43.Power to dismiss certain appeals following references by the CCRC: Northern Ireland

    2. Appeals by prosecution

      1. 44.Determination of prosecution appeals: England and Wales

      2. 45.Determination of prosecution appeals: Northern Ireland

    3. Miscellaneous

      1. 46.Review of sentence on reference by Attorney General

      2. 47.Further amendments relating to appeals in criminal cases

  5. Part 4 Other criminal justice provisions

    1. Alternatives to prosecution

      1. 48.Alternatives to prosecution for offenders under 18

      2. 49.Protection for spent cautions under Rehabilitation of Offenders Act 1974

      3. 50.Criminal conviction certificates and criminal record certificates

    2. Bail

      1. 51.Bail conditions: electronic monitoring

      2. 52.Bail for summary offences and certain other offences to be tried summarily

    3. Proceedings in magistrates' courts

      1. 53.Allocation of offences triable either way etc.

      2. 54.Trial or sentencing in absence of accused in magistrates' courts

      3. 55.Extension of powers of non-legal staff

    4. Criminal legal aid

      1. 56.Provisional grant of right to representation

      2. 57.Disclosure of information to enable assessment of financial eligibility

      3. 58.Pilot schemes

    5. Miscellaneous

      1. 59.SFO's pre-investigation powers in relation to bribery and corruption: foreign officers etc.

      2. 60.Contents of an accused's defence statement

      3. 61.Compensation for miscarriages of justice

      4. 62.Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

  6. Part 5 Criminal law

    1. Pornography etc.

      1. 63.Possession of extreme pornographic images

      2. 64.Exclusion of classified films etc.

      3. 65.Defences: general

      4. 66.Defence: participation in consensual acts

      5. 67.Penalties etc. for possession of extreme pornographic images

      6. 68.Special rules relating to providers of information society services

      7. 69.Indecent photographs of children: England and Wales

      8. 70.Indecent photographs of children: Northern Ireland

      9. 71.Maximum penalty for publication etc. of obscene articles

    2. Sexual offences

      1. 72.Offences committed outside the United Kingdom

      2. 73.Grooming and adoption

    3. Hatred on the grounds of sexual orientation

      1. 74.Hatred on the grounds of sexual orientation

    4. Offences relating to nuclear material and nuclear facilities

      1. 75.Offences relating to the physical protection of nuclear material and nuclear facilities

    5. Self-defence etc.

      1. 76.Reasonable force for purposes of self-defence etc.

    6. Unlawfully obtaining etc. personal data

      1. 77.Power to alter penalty for unlawfully obtaining etc. personal data

      2. 78.New defence for purposes of journalism and other special purposes

    7. Blasphemy

      1. 79.Abolition of common law offences of blasphemy and blasphemous libel

  7. Part 6 International co-operation in relation to criminal justice matters

    1. Recognition of financial penalties: requests to other member States

      1. 80.Requests to other member States: England and Wales

      2. 81.Procedure on issue of certificate: England and Wales

      3. 82.Requests to other member States: Northern Ireland

      4. 83.Procedure on issue of certificate: Northern Ireland

    2. Recognition of financial penalties: requests from other member States

      1. 84.Requests from other member States: England and Wales

      2. 85.Procedure on receipt of certificate by designated officer

      3. 86.Modification of Magistrates' Courts Act 1980

      4. 87.Requests from other member States: Northern Ireland

      5. 88.Procedure on receipt of certificate by clerk of petty sessions

      6. 89.Modification of Magistrates' Courts (Northern Ireland) Order 1981

      7. 90.Transfer of certificates to central authority for Scotland

    3. Recognition of financial penalties: miscellaneous

      1. 91.Recognition of financial penalties: general

      2. 92.Interpretation of sections 80 to 91 etc.

    4. Repatriation of prisoners

      1. 93.Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom

      2. 94.Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister

      3. 95.Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984

      4. 96.Amendments relating to Scotland

    5. Mutual legal assistance in revenue matters

      1. 97.Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation

  8. Part 7 Violent offender orders

    1. Violent offender orders

      1. 98.Violent offender orders

      2. 99.Qualifying offenders

      3. 100.Applications for violent offender orders

      4. 101.Making of violent offender orders

      5. 102.Provisions that orders may contain

      6. 103.Variation, renewal or discharge of violent offender orders

      7. 104.Interim violent offender orders

      8. 105.Notice of applications

      9. 106.Appeals

    2. Notification requirements

      1. 107.Offenders subject to notification requirements

      2. 108.Notification requirements: initial notification

      3. 109.Notification requirements: changes

      4. 110.Notification requirements: periodic notification

      5. 111.Notification requirements: travel outside United Kingdom

      6. 112.Method of notification and related matters

    3. Supplementary

      1. 113.Offences

      2. 114.Supply of information to Secretary of State etc.

      3. 115.Supply of information by Secretary of State etc.

      4. 116.Information about release or transfer

      5. 117.Interpretation of Part 7

  9. Part 8 Anti-social behaviour

    1. Premises closure orders

      1. 118.Closure orders: premises associated with persistent disorder or nuisance

    2. Nuisance or disturbance on hospital premises

      1. 119.Offence of causing nuisance or disturbance on NHS premises

      2. 120.Power to remove person causing nuisance or disturbance

      3. 121.Guidance about the power to remove etc.

      4. 122.Nuisance or disturbance on HSS premises

    3. Anti-social behaviour orders etc. in respect of children and young persons

      1. 123.Review of anti-social behaviour orders etc.

      2. 124.Individual support orders

    4. Parenting contracts and parenting orders

      1. 125.Parenting contracts and parenting orders: local authorities

  10. Part 9 Policing

    1. Misconduct procedures etc.

      1. 126.Police misconduct and performance procedures

      2. 127.Investigation of complaints of police misconduct etc.

    2. Financial assistance

      1. 128.Financial assistance under section 57 of Police Act 1996

    3. Inspection

      1. 129.Inspection of police authorities

  11. Part 10 Special immigration status

    1. 130.Designation

    2. 131.“Foreign criminal”

    3. 132.Effect of designation

    4. 133.Conditions

    5. 134.Support

    6. 135.Support: supplemental

    7. 136.End of designation

    8. 137.Interpretation: general

  12. Part 11 Miscellaneous

    1. Industrial action by prison officers

      1. 138.Amendment of section 127 of Criminal Justice and Public Order Act 1994

      2. 139.Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994

    2. Sex offenders

      1. 140.Disclosure of information about convictions etc. of child sex offenders to members of the public

      2. 141.Sexual offences prevention orders: relevant sexual offences

      3. 142.Notification requirements: prescribed information

    3. Persistent sales of tobacco to persons under 18

      1. 143.Persistent sales of tobacco to persons under 18

    4. Penalties for serious contraventions of data protection principles

      1. 144.Power to require data controllers to pay monetary penalty

    5. Armed forces legislation

      1. 145.Amendments to armed forces legislation

    6. Automatic deportation of criminals

      1. 146.Convention against human trafficking

  13. Part 12 General

    1. 147.Orders, rules and regulations

    2. 148.Consequential etc. amendments and transitional and saving provision

    3. 149.Repeals and revocations

    4. 150.Financial provisions

    5. 151.Effect of amendments to criminal justice provisions applied for purposes of service law

    6. 152.Extent

    7. 153.Commencement

    8. 154.Short title

  14. SCHEDULES

    1. SCHEDULE 1

      Further provisions about youth rehabilitation orders

      1. Part 1 Provisions to be included in youth rehabilitation orders

        1. Imposition of requirements

          1. 1.Subsection (1) of section 1 has effect subject to the...

        2. Electronic monitoring requirement

          1. 2.(1) Sub-paragraph (2) applies to a youth rehabilitation order which—...

        3. Youth rehabilitation order with intensive supervision and surveillance

          1. 3.(1) This paragraph applies where paragraphs (a) to (c) of...

        4. Youth rehabilitation order with fostering

          1. 4.(1) This paragraph applies where paragraphs (a) to (c) of...

        5. Intensive supervision and surveillance and fostering: further provisions

          1. 5.(1) A youth rehabilitation order with intensive supervision and surveillance...

      2. Part 2 Requirements

        1. Activity requirement

          1. 6.(1) In this Part of this Act “activity requirement”, in...

        2. Activity requirement: instructions of responsible officer under paragraph 6(1)(d)

          1. 7.(1) Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating...

        3. Activity requirement: further provisions

          1. 8.(1) Instructions given by, or under the authority of, a...

        4. Supervision requirement

          1. 9.In this Part of this Act “supervision requirement”, in relation...

        5. Unpaid work requirement

          1. 10.(1) In this Part of this Act “unpaid work requirement”,...

        6. Programme requirement

          1. 11.(1) In this Part of this Act “programme requirement”, in...

        7. Attendance centre requirement

          1. 12.(1) In this Part of this Act “attendance centre requirement”,...

        8. Prohibited activity requirement

          1. 13.(1) In this Part of this Act “prohibited activity requirement”,...

        9. Curfew requirement

          1. 14.(1) In this Part of this Act “curfew requirement”, in...

        10. Exclusion requirement

          1. 15.(1) In this Part of this Act “exclusion requirement”, in...

        11. Residence requirement

          1. 16.(1) In this Part of this Act, “residence requirement”, in...

        12. Local authority residence requirement

          1. 17.(1) In this Part of this Act, “local authority residence...

        13. Fostering requirement

          1. 18.(1) In this Part of this Act “fostering requirement”, in...

        14. Pre-conditions to imposing local authority residence requirement or fostering requirement

          1. 19.(1) A court may not include a local authority residence...

        15. Mental health treatment requirement

          1. 20.(1) In this Part of this Act “mental health treatment...

        16. Mental health treatment at place other than that specified in order

          1. 21.(1) Where the registered medical practitioner or chartered psychologist by...

        17. Drug treatment requirement

          1. 22.(1) In this Part of this Act, “drug treatment requirement”,...

        18. Drug testing requirement

          1. 23.(1) In this Part of this Act, “drug testing requirement”,...

        19. Intoxicating substance treatment requirement

          1. 24.(1) In this Part of this Act, “intoxicating substance treatment...

        20. Education requirement

          1. 25.(1) In this Part of this Act “education requirement”, in...

        21. Electronic monitoring requirement

          1. 26.(1) In this Part of this Act “electronic monitoring requirement”,...

        22. Power to amend limits

          1. 27.(1) The Secretary of State may by order amend—

      3. Part 3 Provisions applying where court proposes to make youth rehabilitation order

        1. Family circumstances

          1. 28.Before making a youth rehabilitation order, the court must obtain...

        2. Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.

          1. 29.(1) Before making— (a) a youth rehabilitation order imposing two...

        3. Date of taking effect and other existing orders

          1. 30.(1) Subject to sub-paragraph (2), a youth rehabilitation order takes...

        4. Concurrent and consecutive orders

          1. 31.(1) This paragraph applies where the court is dealing with...

      4. Part 4 Provisions applying where court makes youth rehabilitation order etc.

        1. Date for compliance with requirements to be specified in order

          1. 32.(1) A youth rehabilitation order must specify a date, not...

        2. Local justice area to be specified in order

          1. 33.A youth rehabilitation order must specify the local justice area...

        3. Provision of copies of orders

          1. 34.(1) The court by which any youth rehabilitation order is...

        4. Power to provide for court review of orders

          1. 35.(1) The Secretary of State may by order—

        5. Order made by Crown Court: direction in relation to further proceedings

          1. 36.(1) Where the Crown Court makes a youth rehabilitation order,...

    2. SCHEDULE 2

      Breach, revocation or amendment of youth rehabilitation orders

      1. Part 1 Preliminary

        1. Interpretation

          1. 1.(1) In this Schedule, “the offender”, in relation to a...

        2. Orders made on appeal

          1. 2.Where a youth rehabilitation order has been made on appeal,...

      2. Part 2 Breach of requirement of order

        1. Duty to give warning

          1. 3.(1) If the responsible officer is of the opinion that...

        2. Breach of order

          1. 4.(1) If the responsible officer— (a) has given a warning...

        3. Issue of summons or warrant by justice of the peace

          1. 5.(1) If at any time while a youth rehabilitation order...

        4. Powers of magistrates' court

          1. 6.(1) This paragraph applies where— (a) an offender appears or...

        5. Power of magistrates' court to refer offender to Crown Court

          1. 7.(1) Sub-paragraph (2) applies if— (a) the youth rehabilitation order...

        6. Powers of Crown Court

          1. 8.(1) This paragraph applies where— (a) an offender appears or...

        7. Restriction of powers in paragraphs 6 and 8 where treatment required

          1. 9.(1) Sub-paragraph (2) applies where a youth rehabilitation order imposes...

        8. Power to amend amounts of fines

          1. 10.(1) The Secretary of State may by order amend any...

      3. Part 3 Revocation of order

        1. Revocation of order with or without re-sentencing: powers of appropriate court

          1. 11.(1) This paragraph applies where— (a) a youth rehabilitation order...

        2. Revocation of order with or without re-sentencing: powers of Crown Court

          1. 12.(1) This paragraph applies where— (a) a youth rehabilitation order...

      4. Part 4 Amendment of order

        1. Amendment by appropriate court

          1. 13.(1) This paragraph applies where— (a) a youth rehabilitation order...

        2. Amendment by Crown Court

          1. 14.(1) This paragraph applies where— (a) a youth rehabilitation order...

        3. Exercise of powers under paragraph 13(2) or 14(2): further provisions

          1. 15.(1) In sub-paragraphs (2) and (3), “specific area requirement”, in...

        4. Exercise of powers under paragraph 13(4) or 14(4): further provisions

          1. 16.(1) Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must...

        5. Extension of unpaid work requirement

          1. 17.Where— (a) a youth rehabilitation order imposing an unpaid work...

      5. Part 5 Powers of court in relation to order following subsequent conviction

        1. Powers of magistrates' court following subsequent conviction

          1. 18.(1) This paragraph applies where— (a) a youth rehabilitation order...

        2. Powers of Crown Court following subsequent conviction

          1. 19.(1) This paragraph applies where— (a) a youth rehabilitation order...

      6. Part 6 Supplementary

        1. Appearance of offender before court

          1. 20.(1) Subject to sub-paragraph (2), where, otherwise than on the...

        2. Warrants

          1. 21.(1) Sub-paragraph (2) applies where an offender is arrested in...

        3. Adjournment of proceedings

          1. 22.(1) This paragraph applies to any hearing relating to an...

        4. Restrictions on imposition of intensive supervision and surveillance or fostering

          1. 23.Subsection (4), and the provisions mentioned in subsection (6), of...

        5. Provision of copies of orders etc.

          1. 24.(1) Where a court makes an order under this Schedule...

        6. Power to amend maximum period of fostering requirement

          1. 25.The Secretary of State may by order amend paragraph 6(9),...

    3. SCHEDULE 3

      Transfer of youth rehabilitation orders to Northern Ireland

      1. Part 1 Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

        1. Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

          1. 1.(1) This paragraph applies where a court considering the making...

        2. Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

          1. 2.(1) This paragraph applies where the appropriate court for the...

        3. Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2

          1. 3.A youth rehabilitation order made or amended in accordance with...

          2. 4.(1) Before making or amending a youth rehabilitation order in...

        4. Modifications to Part 1

          1. 5.(1) Where a court is considering the making or amendment...

        5. Meaning of “supervision”

          1. 6.In this Part of this Schedule “supervision”, in relation to...

      2. Part 2 Provisions relating to an order made or amended under Part 1

        1. Application of this Part

          1. 7.This Part of this Schedule applies where a youth rehabilitation...

        2. Interpretation

          1. 8.In this Part of this Schedule, in relation to the...

        3. Effect of the youth rehabilitation order in Northern Ireland

          1. 9.(1) The youth rehabilitation order is to be treated in...

        4. Duty of offender to keep in touch with relevant officer

          1. 10.In section 5(5) (duty of offender to keep in touch...

        5. Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction

          1. 11.Where the youth rehabilitation order was made or amended by...

        6. Powers of the home court in respect of the youth rehabilitation order

          1. 12.The home court may exercise in relation to the youth...

          2. 13.(1) The home court may require the offender to appear...

          3. 14.Where an offender is required by virtue of paragraph 13...

        7. Powers of court in England or Wales before which the offender is required to appear

          1. 15.Where an offender is required by virtue of paragraph 13...

          2. 16.(1) Paragraph 15(b) does not enable the relevant court in...

        8. Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland

          1. 17.(1) This paragraph applies where a change is made to...

    4. SCHEDULE 4

      Youth rehabilitation orders: consequential and related amendments

      1. Part 1 Consequential amendments

        1. Children and Young Persons Act 1933 (c. 12)

          1. 1.The Children and Young Persons Act 1933 has effect subject...

          2. 2.(1) Section 34 (attendance at court of parent of child...

          3. 3.(1) Section 49 (restrictions on reports of proceedings in which...

        2. Criminal Appeal Act 1968 (c. 19)

          1. 4.In section 10(2) of the Criminal Appeal Act 1968 (appeal...

        3. Firearms Act 1968 (c. 27)

          1. 5.The Firearms Act 1968 has effect subject to the following...

          2. 6.In section 21(3ZA)(a) (possession of firearms by persons previously convicted...

          3. 7.In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of...

        4. Health Services and Public Health Act 1968 (c. 46)

          1. 8.The Health Services and Public Health Act 1968 has effect...

          2. 9.In section 64(3)(a) (financial assistance by the Secretary of State...

          3. 10.In section 65(3)(b) (financial and other assistance by local authorities...

        5. Social Work (Scotland) Act 1968 (c. 49)

          1. 11.The Social Work (Scotland) Act 1968 has effect subject to...

          2. 12.In section 86(3) (adjustments between authority providing accommodation etc, and...

          3. 13.In section 94(1) (interpretation)— (a) for the definition of “probation...

        6. Children and Young Persons Act 1969 (c. 54)

          1. 14.The Children and Young Persons Act 1969 has effect subject...

          2. 15.Omit section 25 (transfers between England or Wales and Northern...

          3. 16.(1) Section 26 (transfers between England or Wales and the...

          4. 17.(1) Section 32 (detention of absentees) is amended as follows....

          5. 18.In section 70(1) (interpretation)— (a) omit the definition of “supervision...

          6. 19.In section 73(4)(a) (provisions of section 32 extending to Scotland)...

        7. Rehabilitation of Offenders Act 1974 (c. 53)

          1. 20.The Rehabilitation of Offenders Act 1974 has effect subject to...

          2. 21.In section 5(5) (rehabilitation periods for particular sentences) after paragraph...

          3. 22.In section 7(2) (limitations on rehabilitation under Act, etc.) for...

        8. Bail Act 1976 (c. 63)

          1. 23.In section 4(3) of the Bail Act 1976 (general right...

        9. Magistrates' Courts Act 1980 (c. 43)

          1. 24.In Schedule 6A to the Magistrates' Courts Act 1980 (fines...

        10. Contempt of Court Act 1981 (c. 49)

          1. 25.In section 14 of the Contempt of Court Act 1981...

        11. Criminal Justice Act 1982

          1. 26.Part 3 of Schedule 13 to the Criminal Justice Act...

          2. 27.(1) Paragraph 7 (transfer to England and Wales) is amended...

          3. 28.(1) Paragraph 9 (general provision) is amended as follows.

          4. 29.After that paragraph insert— Community service orders relating to persons...

        12. Mental Health Act 1983 (c. 20)

          1. 30.In section 37(8) of the Mental Health Act 1983 (powers...

        13. Child Abduction Act 1984 (c. 37)

          1. 31.In paragraph 2(1) of the Schedule to the Child Abduction...

        14. Prosecution of Offences Act 1985 (c. 23)

          1. 32.(1) Section 19 of the Prosecution of Offences Act 1985...

        15. Children Act 1989 (c. 41)

          1. 33.The Children Act 1989 has effect subject to the following...

          2. 34.(1) Section 21 (provision of accommodation for children in police...

          3. 35.In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii)...

          4. 36.In section 105(6) (interpretation)— (a) in paragraph (b), omit from...

          5. 37.(1) Part 3 of Schedule 3 (education supervision orders) is...

          6. 38.In paragraph 3 of Schedule 8 (privately fostered children) for...

        16. Criminal Justice Act 1991 (c. 53)

          1. 39.Part 3 of Schedule 3 to the Criminal Justice Act...

          2. 40.(1) Paragraph 10 is amended as follows.

          3. 41.(1) Paragraph 11 is amended as follows.

        17. Criminal Justice and Public Order Act 1994 (c. 33)

          1. 42.In section 136 of the Criminal Justice and Public Order...

        18. Criminal Procedure (Scotland) Act 1995 (c. 46)

          1. 43.The Criminal Procedure (Scotland) Act 1995 has effect subject to...

          2. 44.(1) Section 234 (probation orders: persons residing in England and...

          3. 45.(1) Section 242 (community service orders: persons residing in England...

          4. 46.(1) Section 244 (community service orders: general provisions relating to...

        19. Education Act 1996 (c. 56)

          1. 47.In section 562(2)(b) of the Education Act 1996 (Act not...

        20. Crime and Disorder Act 1998 (c. 37)

          1. 48.The Crime and Disorder Act 1998 has effect subject to...

          2. 49.In section 38(4) (local provision of youth justice services)—

          3. 50.In Schedule 8 (minor and consequential amendments), in paragraph 13(2),...

        21. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

          1. 51.The Powers of Criminal Courts (Sentencing) Act 2000 has effect...

          2. 52.In section 19(4)(a) (making of referral orders: effect on court's...

          3. 53.In section 73 (reparation orders)— (a) for subsection (4)(b) substitute—...

          4. 54.In section 74(3)(a) (requirements and provisions of reparation order, and...

          5. 55.In section 75 (breach, revocation and amendment of reparation orders)...

          6. 56.In section 91(3) (offenders under 18 convicted of certain serious...

          7. 57.In section 137(2) (power to order parent or guardian to...

          8. 58.In section 150(2) (binding over of parent or guardian), for...

          9. 59.In section 159 (execution of process between England and Wales...

          10. 60.(1) Section 160 (rules and orders) is amended as follows....

          11. 61.In section 163 (general definitions)— (a) omit the definitions of...

          12. 62.(1) Schedule 8 (breach, revocation and amendment of action plan...

          13. 63.In Schedule 10 (transitory modifications), omit paragraphs 4 to 6...

          14. 64.In Schedule 11 (transitional provisions)— (a) in paragraph 4, omit—...

        22. Child Support, Pensions and Social Security Act 2000 (c. 19)

          1. 65.The Child Support, Pensions and Social Security Act 2000 has...

          2. 66.(1) Section 62 (loss of benefit for breach of community...

          3. 67.(1) Section 64 (information provision) is amended as follows.

        23. Criminal Justice and Court Services Act 2000 (c. 43)

          1. 68.The Criminal Justice and Court Services Act 2000 has effect...

          2. 69.In section 1(2)(a) (purposes of Chapter), after “2003)” insert “...

          3. 70.In section 70 (interpretation, etc.) omit subsection (5).

        24. Criminal Justice Act 2003 (c. 44)

          1. 71.Part 12 of the Criminal Justice Act 2003 (sentencing) has...

          2. 72.(1) Section 147 (meaning of “community sentence” etc.) is amended...

          3. 73.(1) Section 148 (restrictions on imposing community sentences) is amended...

          4. 74.In section 149(1) (passing of community sentence on offender remanded...

          5. 75.In section 150 (community sentence not available where sentence fixed...

          6. 76.(1) Section 151 (community order for persistent offender previously fined)...

          7. 77.(1) Section 156 (pre-sentence reports and other requirements) is amended...

          8. 78.In section 161 (pre-sentence drug testing)— (a) in subsection (1),...

          9. 79.(1) Section 166 (savings for powers to mitigate sentences and...

          10. 80.(1) Section 174 (duty to give reasons for, and explain...

          11. 81.In section 176 (interpretation of Chapter 1)—

          12. 82.In section 177(1) (community orders) for “16” substitute “ 18...

          13. 83.In section 197(1)(b) (meaning of “the responsible officer”), omit “the...

          14. 84.In section 199 (unpaid work requirement)— (a) in subsection (3),...

          15. 85.In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs...

          16. 86.In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs...

          17. 87.In section 203(2), for paragraphs (a) and (b) substitute “...

          18. 88.In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and...

          19. 89.In section 211 (periodic review of drug rehabilitation requirement), omit...

          20. 90.In section 214 (attendance centre requirement), after subsection (6) add—...

          21. 91.In section 217(1)(b) (requirement to avoid conflict with religious beliefs...

          22. 92.In section 221(2) (provision of attendance centres)—

          23. 93.In section 222(1)(e) (rules), after “attendance centre requirements” insert “...

          24. 94.Omit section 279 (drug treatment and testing requirement in action...

          25. 95.In section 330(5)(a) (orders subject to the affirmative resolution procedure),...

          26. 96.In Schedule 8 (breach, revocation or amendment of community order),...

          27. 97.Omit Schedule 24 (drug treatment and testing requirement in action...

        25. Violent Crime Reduction Act 2006 (c. 38)

          1. 98.In section 47 of the Violent Crime Reduction Act 2006...

        26. Offender Management Act 2007 (c. 21)

          1. 99.In section 1(4) of the Offender Management Act 2007 (meaning...

      2. Part 2 Related amendments

        1. Children and Young Persons Act 1933 (c. 12)

          1. 100.In section 49 of the Children and Young Persons Act...

        2. Children and Young Persons Act 1969 (c. 54)

          1. 101.(1) Section 32 of the Children and Young Persons Act...

        3. Bail Act 1976 (c. 63)

          1. 102.In section 4(3) of the Bail Act 1976 (general right...

        4. Magistrates' Courts Act 1980 (c. 43)

          1. 103.In Schedule 6A to the Magistrates' Courts Act 1980 (fines...

        5. Child Abduction Act 1984 (c. 37)

          1. 104.In paragraph 2(1) of the Schedule to the Child Abduction...

        6. Children Act 1989 (c. 41)

          1. 105.In section 21(2)(c) of the Children Act 1989 (provision of...

        7. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

          1. 106.The Powers of Criminal Courts (Sentencing) Act 2000 has effect...

          2. 107.In Schedule 1 (youth offender panels: further court proceedings), after...

          3. 108.(1) Schedule 8 (breach, revocation and amendment of action plan...

        8. Criminal Justice Act 2003 (c. 44)

          1. 109.In Schedule 8 to the Criminal Justice Act 2003 (breach,...

    5. SCHEDULE 5

      Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003

    6. SCHEDULE 6

      Credit for period of remand on bail: transitional provisions

      1. 1.A period specified under paragraph 2 is to be treated...

      2. 2.(1) This paragraph applies where— (a) a court sentences an...

    7. SCHEDULE 7

      Youth default orders: modification of provisions applying to youth rehabilitation orders

      1. General

        1. 1.Any reference to the offender is, in relation to a...

      2. Unpaid work requirement

        1. 2.(1) In its application to a youth default order, paragraph...

      3. Attendance centre requirement

        1. 3.(1) In its application to a youth default order, paragraph...

      4. Curfew requirement

        1. 4.(1) In its application to a youth default order, paragraph...

      5. Enforcement, revocation and amendment of youth default order

        1. 5.(1) In its application to a youth default order, Schedule...

      6. Power to alter amount of money or number of hours or days

        1. 6.The Secretary of State may by order amend paragraph 2,...

      7. Transfer of youth default order to Northern Ireland

        1. 7.(1) In its application to a youth default order, Schedule...

    8. SCHEDULE 8

      Appeals in criminal cases

      1. Part 1 Amendments of Criminal Appeal Act 1968

        1. 1.The Criminal Appeal Act 1968 (c. 19) has effect subject...

        2. Time limit on grant of certificates of fitness for appeal

          1. 2.In section 1 (appeal against conviction), in subsection (2)(b) after...

          2. 3.In section 11 (supplementary provisions as to appeal against sentence),...

          3. 4.In section 12 (appeal against verdict of not guilty on...

          4. 5.In section 15 (appeal against finding of disability), in subsection...

        3. Powers of Court to substitute different sentence

          1. 6.(1) Section 4 (sentence when appeal allowed on part of...

        4. Interim hospital orders

          1. 7.The following provisions (which relate to the effect of interim...

          2. 8.Before section 31 (but after the cross-heading preceding it) insert—...

          3. 9.In section 31 (powers of Court which are exercisable by...

        5. Evidence

          1. 10.(1) Section 23 (evidence) is amended as follows.

        6. Powers of single judge

          1. 11.(1) Section 31 (powers of Court of Appeal which are...

        7. Appeals against procedural directions

          1. 12.In section 31C (appeals against procedural directions), omit subsections (1)...

        8. Detention of defendant pending appeal to Supreme Court

          1. 13.(1) Section 37 (detention of defendant on appeal by Crown)...

      2. Part 2 Amendments of Criminal Appeal (Northern Ireland) Act 1980

        1. 14.The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has...

        2. Time limit on grant of certificates of fitness for appeal

          1. 15.In section 1 (appeal against conviction), in paragraph (b) after...

          2. 16.In section 12 (appeal against finding of not guilty on...

          3. 17.In section 13A (appeal against finding of unfitness to be...

        3. Powers of Court to substitute different sentence

          1. 18.(1) Section 4 (alteration of sentence on appeal against conviction)...

        4. Interim hospital orders

          1. 19.Section 10(6) (effect of interim hospital orders made by Court...

          2. 20.(1) For the cross-heading preceding section 30 substitute— “ Supplementary...

          3. 21.In section 45 (powers of Court which are exercisable by...

        5. Evidence

          1. 22.(1) Section 25 (evidence) is amended as follows.

          2. 23.In section 26 (additional powers of Court), in subsection (1)...

        6. Detention of defendant pending appeal to Supreme Court

          1. 24.(1) Section 36 (detention of defendant on appeal by Crown)...

        7. Powers of single judge

          1. 25.(1) Section 45 (powers of Court of Appeal which are...

      3. Part 3 Amendments of other Acts

        1. Detention of defendant pending appeal from High Court to Supreme Court

          1. 26.(1) Section 5 of the Administration of Justice Act 1960...

        2. Variation of sentences by Crown Court

          1. 27.(1) Section 49 of the Judicature (Northern Ireland) Act 1978...

          2. 28.(1) Section 155 of the Powers of Criminal Courts (Sentencing)...

    9. SCHEDULE 9

      Alternatives to prosecution for persons under 18

      1. 1.The Crime and Disorder Act 1998 (c. 37) has effect...

      2. 2.(1) Section 65 (reprimands and warnings) is amended as follows....

      3. 3.After section 66 insert— Young offenders: youth conditional cautions Youth...

      4. 4.(1) Section 114 (orders and regulations) is amended as follows....

    10. SCHEDULE 10

      Protection for spent cautions under Rehabilitation of Offenders Act 1974

      1. 1.The Rehabilitation of Offenders Act 1974 (c. 53) is amended...

      2. 2.In section 6(6) for “the Schedule” substitute “ Schedule 1...

      3. 3.After section 8 (defamation actions) there is inserted— Protection afforded...

      4. 4.After section 9 (unauthorised disclosure of spent convictions) insert— Unauthorised...

      5. 5.The Schedule (service disciplinary proceedings) is re-numbered as Schedule 1....

      6. 6.After that Schedule insert— SCHEDULE 2 Protection for spent cautions...

    11. SCHEDULE 11

      Electronic monitoring of persons released on bail subject to conditions

      1. 1.The Bail Act 1976 (c. 63) has effect subject to...

      2. 2.In section 3 (general provisions) for subsection (6ZAA) substitute—

      3. 3.(1) Section 3AA (electronic monitoring of compliance with bail conditions)...

      4. 4.After section 3AA insert— Conditions for the imposition of electronic...

    12. SCHEDULE 12

      Bail for summary offences and certain other offences to be tried summarily

      1. 1.The Bail Act 1976 (c. 63) is amended as follows....

      2. 2.In section 3(6D)(a) (condition to be imposed on person in...

      3. 3.After section 9 (offence of agreeing to indemnify sureties in...

      4. 4.Schedule 1 (persons entitled to bail: supplementary provisions) is amended...

      5. 5.(1) Paragraph 1 (defendants to whom Part 1 applies) becomes...

      6. 6.After Part 1 insert— Part 1A Defendants Accused or Convicted...

    13. SCHEDULE 13

      Allocation of cases triable either way etc.

      1. 1.Schedule 3 to the Criminal Justice Act 2003 (c. 44)...

      2. 2.In paragraph 2, in the paragraph set out in sub-paragraph...

      3. 3.In paragraph 6, for subsection (2)(c) of the section set...

      4. 4.In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment”...

      5. 5.(1) Paragraph 9 is amended as follows.

      6. 6.Paragraph 13 is omitted.

      7. 7.Paragraph 22 is omitted.

      8. 8.Before paragraph 23 insert— (1) Section 3 (committal for sentence on summary trial of...

      9. 9.In paragraph 23, in subsection (5) of the first of...

      10. 10.In paragraph 24 after sub-paragraph (4) insert—

    14. SCHEDULE 14

      Special rules relating to providers of information society services

      1. Domestic service providers: extension of liability

        1. 1.(1) This paragraph applies where a service provider is established...

      2. Non-UK service providers: restriction on institution of proceedings

        1. 2.(1) This paragraph applies where a service provider is established...

      3. Exceptions for mere conduits

        1. 3.(1) A service provider is not capable of being guilty...

      4. Exception for caching

        1. 4.(1) This paragraph applies where an information society service consists...

      5. Exception for hosting

        1. 5.(1) A service provider is not capable of being guilty...

      6. Interpretation

        1. 6.(1) This paragraph applies for the purposes of this Schedule....

    15. SCHEDULE 15

      Sexual offences: grooming and adoption

      1. Meeting a child following sexual grooming

        1. 1.In section 15(1) of the Sexual Offences Act 2003 (c....

      2. Adoption

        1. 2.The Sexual Offences Act 2003 (c. 42) has effect subject...

        2. 3.In section 27(1)(b) (family relationships) after “but for” insert “...

        3. 4.In section 29(1)(b) (sections 25 and 26: sexual relationships which...

        4. 5.(1) Section 64 (sex with an adult relative: penetration) is...

        5. 6.(1) Section 65 (sex with an adult relative: consenting to...

        6. 7.In section 47(1) of the Adoption Act 1976 (c. 36)...

    16. SCHEDULE 16

      Hatred on the grounds of sexual orientation

      1. 1.Part 3A of the Public Order Act 1986 (c. 64)...

      2. 2.In the heading for Part 3A at the end insert...

      3. 3.In the italic cross-heading before section 29A at the end...

      4. 4.After that section insert— Meaning of “hatred on the grounds...

      5. 5.In the italic cross-heading before section 29B at the end...

      6. 6.(1) Section 29B (use of words or behaviour or display...

      7. 7.In section 29C(1) (publishing or distributing written material), after “religious...

      8. 8.In section 29D(1) (public performance of play), after “religious hatred”...

      9. 9.In section 29E(1) (distributing, showing or playing a recording), after...

      10. 10.In section 29F(1) (broadcasting or including programme in programme service),...

      11. 11.In section 29G(1) (possession of inflammatory material), for “religious hatred...

      12. 12.(1) Section 29H (powers of entry and search) is amended...

      13. 13.(1) Section 29I (power to order forfeiture) is amended as...

      14. 14.After section 29J insert— Protection of freedom of expression (sexual...

      15. 15.In section 29K(1) (savings for reports of parliamentary or judicial...

      16. 16.(1) Section 29L (procedure and punishment) is amended as follows....

      17. 17.In section 29N (interpretation), after the definition of “dwelling” insert—...

    17. SCHEDULE 17

      Offences relating to nuclear material and nuclear facilities

      1. Part 1 Amendments of Nuclear Material (Offences) Act 1983

        1. 1.The Nuclear Material (Offences) Act 1983 (c. 18) has effect...

        2. 2.(1) Section 1 (extended scope of certain offences) is amended...

        3. 3.After section 1 insert— Increase in penalties for offences committed...

        4. 4.For section 2 substitute— Offences involving preparatory acts and threats...

        5. 5.After section 3 (supplemental) insert— Application to activities of armed...

        6. 6.(1) Section 6 (material to which the Act applies) is...

        7. 7.In section 7 (application to the Channel Islands, Isle of...

      2. Part 2 Amendments of Customs and Excise Management Act 1979

        1. 8.(1) The Customs and Excise Management Act 1979 (c. 2)...

        2. 9.(1) Her Majesty may by Order in Council provide for...

    18. SCHEDULE 18

      Penalties suitable for enforcement in England and Wales or Northern Ireland

      1. Person residing in England and Wales

        1. 1.The financial penalty is suitable for enforcement in England and...

      2. Person residing in Northern Ireland

        1. 2.The financial penalty is suitable for enforcement in Northern Ireland...

      3. Person having property etc. in England and Wales

        1. 3.The financial penalty is suitable for enforcement in England and...

      4. Person having property etc. in Northern Ireland

        1. 4.The financial penalty is suitable for enforcement in Northern Ireland...

      5. Person having property etc. in England and Wales and Northern Ireland

        1. 5.(1) This paragraph applies if— (a) the certificate states that...

      6. Person having property etc. in England and Wales and Scotland

        1. 6.(1) This paragraph applies if— (a) the certificate states that...

      7. Person having property etc. in Northern Ireland and Scotland

        1. 7.(1) This paragraph applies if— (a) the certificate states that...

      8. Person having property etc. in England and Wales, Scotland and Northern Ireland

        1. 8.(1) This paragraph applies if— (a) the certificate states that...

      9. Interpretation

        1. 9.Where the person required to pay the financial penalty is...

    19. SCHEDULE 19

      Grounds for refusal to enforce financial penalties

      1. Part 1 The grounds for refusal

        1. 1.A penalty (of any kind) has been imposed on the...

        2. 2.A penalty (of any kind) has been imposed on the...

        3. 3.(1) The decision was made in respect of conduct—

        4. 4.(1) The decision was made in respect of conduct—

        5. 5.The decision was made in respect of conduct by a...

        6. 6.The certificate does not confirm that— (a) if the proceedings...

        7. 7.(1) The financial penalty is for an amount less than...

      2. Part 2 European framework list (financial penalties)

        1. 8.Participation in a criminal organisation.

        2. 9.Terrorism.

        3. 10.Trafficking in human beings.

        4. 11.Sexual exploitation of children and child pornography.

        5. 12.Illicit trafficking in narcotic drugs and psychotropic substances.

        6. 13.Illicit trafficking in weapons, munitions and explosives.

        7. 14.Corruption.

        8. 15.Fraud, including that affecting the financial interests of the European...

        9. 16.Laundering of the proceeds of crime.

        10. 17.Counterfeiting currency, including of the euro.

        11. 18.Computer-related crime.

        12. 19.Environmental crime, including illicit trafficking in endangered animal species and...

        13. 20.Facilitation of unauthorised entry and residence.

        14. 21.Murder, grievous bodily injury.

        15. 22.Illicit trade in human organs and tissue.

        16. 23.Kidnapping, illegal restraint and hostage-taking.

        17. 24.Racism and xenophobia.

        18. 25.Organised or armed robbery.

        19. 26.Illicit trafficking in cultural goods, including antiques and works of...

        20. 27.Swindling.

        21. 28.Racketeering and extortion.

        22. 29.Counterfeiting and piracy of products.

        23. 30.Forgery of administrative documents and trafficking therein.

        24. 31.Forgery of means of payment.

        25. 32.Illicit trafficking in hormonal substances and other growth promoters.

        26. 33.Illicit trafficking in nuclear or radioactive materials.

        27. 34.Trafficking in stolen vehicles.

        28. 35.Rape.

        29. 36.Arson.

        30. 37.Crimes within the jurisdiction of the International Criminal Court.

        31. 38.Unlawful seizure of aircraft or ships.

        32. 39.Sabotage.

        33. 40.Conduct which infringes road traffic regulations, including breaches of regulations...

        34. 41.Smuggling of goods.

        35. 42.Infringement of intellectual property rights.

        36. 43.Threats and acts of violence against persons, including violence during...

        37. 44.Criminal damage.

        38. 45.Theft.

        39. 46.Offences created by the issuing State and serving the purpose...

      3. Part 3 Interpretation

        1. 47.(1) In this Schedule— (a) “conduct” includes any act or...

    20. SCHEDULE 20

      Closure orders: premises associated with persistent disorder or nuisance

      1. After Part 1 of the Anti-social Behaviour Act 2003 (c....

    21. SCHEDULE 21

      Nuisance or disturbance on HSS premises

      1. Offence of causing nuisance or disturbance on HSS premises

        1. 1.(1) A person commits an offence if—

      2. Power to remove person causing nuisance or disturbance

        1. 2.(1) If a constable reasonably suspects that a person is...

      3. Guidance about the power to remove etc.

        1. 3.(1) The Department of Health, Social Services and Public Safety...

    22. SCHEDULE 22

      Police misconduct and performance procedures

      1. Part 1 Amendments of Police Act 1996

        1. 1.The Police Act 1996 (c. 16) has effect subject to...

        2. General duty of Secretary of State

          1. 2.In section 36(2)(d) (general duty of Secretary of State) for...

        3. Regulations for police forces

          1. 3.(1) Section 50 (regulations for police forces) is amended as...

        4. Regulations for special constables

          1. 4.(1) Section 51 (regulations for special constables) is amended as...

        5. Police Federations

          1. 5.In section 59(3) (representation only by another member of a...

        6. Police Advisory Board

          1. 6.(1) Section 63(3) (supply of draft regulations to the Police...

        7. Representation at disciplinary and other proceedings

          1. 7.For section 84 substitute— Representation etc. at disciplinary and other...

        8. Appeals against dismissal etc.

          1. 8.(1) Section 85 (appeals against dismissal etc.) is amended as...

        9. Guidance concerning disciplinary proceedings etc.

          1. 9.(1) Section 87 (guidance concerning disciplinary proceedings etc.) is amended...

        10. Police officers engaged on service outside their force

          1. 10.(1) Section 97 (police officers engaged on service outside their...

        11. Police Appeals Tribunals

          1. 11.(1) Schedule 6 (appeals to police appeals tribunals) is amended...

      2. Part 2 Amendments of Ministry of Defence Police Act 1987

        1. 12.The Ministry of Defence Police Act 1987 (c. 4) has...

        2. Defence Police Federation

          1. 13.In section 3(4) (representation of a member of the Ministry...

        3. Regulations relating to disciplinary matters

          1. 14.(1) Section 3A (regulations relating to disciplinary matters) is amended...

        4. Representation etc. at disciplinary proceedings

          1. 15.For section 4 substitute— Representation etc. at disciplinary proceedings (1) The Secretary of State shall by regulations make provision...

        5. Appeals against dismissal etc.

          1. 16.For section 4A substitute— Appeals against dismissal etc. (1) The Secretary of State shall by regulations—

      3. Part 3 Amendments of Railways and Transport Safety Act 2003

        1. 17.The Railways and Transport Safety Act 2003 (c. 20) has...

        2. Police regulations: general

          1. 18.(1) Section 36 (police regulations: general) is amended as follows....

        3. Police regulations: special constables

          1. 19.After section 37(1) (power to make regulations about special constables)...

        4. Police regulations by Secretary of State

          1. 20.For section 42(3) substitute— (3) If regulations under this section...

        5. Regulations: further appeal

          1. 21.Omit section 43 (regulations: further appeal).

    23. SCHEDULE 23

      Investigation of complaints of police misconduct etc.

      1. 1.The Police Reform Act 2002 (c. 30) has effect subject...

      2. 2.In section 23(2) (regulations) after paragraph (q) insert—

      3. 3.Schedule 3 (handling of complaints and conduct matters etc.) is...

      4. 4.In paragraph 6(4) (handling of complaints by appropriate authority: use...

      5. 5.After paragraph 19 insert— Special procedure where investigation relates to...

      6. 6.(1) Paragraph 20A (accelerated procedure in special cases) is amended...

      7. 7.(1) Paragraph 20B (investigations managed or carried out by Commission:...

      8. 8.In paragraph 20D(2) (action by Commission on receipt of memorandum)...

      9. 9.(1) Paragraph 20E (other investigations: action by appropriate authority) is...

      10. 10.Omit paragraph 20G (special cases: Director of Public Prosecutions) and...

      11. 11.(1) Paragraph 21A (procedure where conduct matter is revealed in...

      12. 12.(1) Paragraph 22 (final reports on investigations) is amended as...

      13. 13.(1) Paragraph 23 (action by Commission in response to investigation...

      14. 14.(1) Paragraph 24 (action by the appropriate authority in response...

      15. 15.In paragraph 24A(2) (final reports on investigations into other DSI...

      16. 16.(1) Paragraph 24B (action in response to a report on...

      17. 17.(1) Paragraph 25 (appeals to Commission with respect to an...

      18. 18.(1) Paragraph 27 (duties with respect to disciplinary proceedings) is...

      19. 19.After paragraph 28 insert— Minor definitions In this Part of this Schedule— “gross misconduct” means a...

    24. SCHEDULE 24

      Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”

      1. The following is the Schedule to be inserted as Schedule...

    25. SCHEDULE 25

      Amendments to armed forces legislation

      1. Part 1 Courts-Martial (Appeals) Act 1968

        1. 1.The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject...

        2. Power to dismiss certain appeals following references by the CCRC

          1. 2.After section 25B insert— Appeals following references by the CCRC...

        3. Interim hospital orders

          1. 3.Section 16(5) (effect of interim hospital order made by Appeal...

          2. 4.Section 25B(3) (as substituted by the Armed Forces Act 2006)...

          3. 5.Before section 36 (but after the cross-heading preceding it) insert—...

          4. 6.In section 36 (powers of Court under Part 2 which...

        4. Evidence

          1. 7.(1) Section 28 (evidence) is amended as follows.

        5. Appeals against procedural directions

          1. 8.In section 36C (appeals against procedural directions), subsections (1) and...

        6. Detention of accused pending appeal to Supreme Court

          1. 9.(1) Section 43 (as amended by the Armed Forces Act...

      2. Part 2 Armed Forces Act 2006

        1. 10.The Armed Forces Act 2006 (c. 52) has effect subject...

        2. Consecutive custodial sentences

          1. 11.In section 188(4) (consecutive custodial sentences), after “Part 12 of...

        3. Dangerous offenders

          1. 12.In section 209 (offenders under 18 convicted of certain serious...

          2. 13.(1) Section 219 (dangerous offenders aged 18 or over) is...

          3. 14.(1) Section 220 (certain violent or sexual offences: offenders aged...

          4. 15.(1) Section 221 (dangerous offenders aged under 18) is amended...

          5. 16.(1) Section 222 (offenders aged under 18: certain violent or...

          6. 17.(1) Section 223 (the required opinion for the purposes of...

          7. 18.(1) Section 228 (appeals where previous convictions set aside) is...

          8. 19.In section 237 (purposes of sentencing), in subsection (3)(b)—

          9. 20.In section 256 (pre-sentence reports), in subsection (1)(c) for the...

          10. 21.In section 260 (discretionary custodial sentences: general restrictions), in subsection...

          11. 22.In section 261 (length of discretionary custodial sentences: general provision)—...

          12. 23.In section 273 (review of unduly lenient sentences by Court...

        4. Restrictions on imposing community punishment

          1. 24.In section 253(2)(h) (duties in complying with section 252) for...

          2. 25.In section 254(1) (savings for powers to mitigate sentence etc.)...

          3. 26.(1) Section 270 (community punishments: general restrictions etc.) is amended...

          4. 27.After section 270 insert— Community punishment available only for offences...

        5. Review of sentence on reference by Attorney General

          1. 28.In section 273 (reviews of unduly lenient sentencing by Court...

        6. Compensation for miscarriages of justice

          1. 29.(1) Section 276 (compensation for miscarriages of justice) is amended...

          2. 30.After section 276 insert— Miscarriages of justice: amount of compensation...

          3. 31.In section 373 (orders, regulations etc.) in subsection (3)(a), after...

        7. Imposition of unpaid work requirement for breach of service community order or overseas service community order

          1. 32.In paragraph 14(b) of Schedule 5 (modifications of Schedule 8...

        8. Suspended prison sentences: further conviction or breach of requirement

          1. 33.In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph...

      3. Part 3 Transitional provisions

        1. Transitional provisions: compensation for miscarriage of justice

          1. 34.(1) Paragraph 29(3) has effect in relation to any application...

    26. SCHEDULE 26

      Minor and consequential amendments

      1. Part 1 Fine defaulters

        1. Magistrates' Courts Act 1980 (c. 43)

          1. 1.In section 81(3) of the Magistrates' Courts Act 1980 (enforcement...

        2. Criminal Justice Act 2003 (c. 44)

          1. 2.(1) The Criminal Justice Act 2003 is amended as follows....

      2. Part 2 Other amendments

        1. Prison Act 1952 (c. 52)

          1. 3.In section 43(1)(aa) of the Prison Act 1952 (provision by...

        2. Criminal Justice Act 1961 (c. 39)

          1. 4.In section 38(3)(c) of the Criminal Justice Act 1961 (construction...

        3. Children and Young Persons Act 1969 (c. 54)

          1. 5.(1) Section 23AA of the Children and Young Persons Act...

        4. Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

          1. 6.In section 13A(3) of the Criminal Appeal (Northern Ireland) Act...

        5. Wildlife and Countryside Act 1981 (c. 69)

          1. 7.In section 19XA(1) of the Wildlife and Countryside Act 1981...

        6. Mental Health Act 1983 (c. 20)

          1. 8.In section 37 of the Mental Health Act 1983 (powers...

        7. Repatriation of Prisoners Act 1984 (c. 47)

          1. 9.The Repatriation of Prisoners Act 1984 has effect subject to...

          2. 10.Before section 1 insert— “ Transfer of prisoners to or...

          3. 11.(1) Section 1 (issue of warrant for transfer) is amended...

          4. 12.(1) Section 2 (transfer out of the United Kingdom) is...

          5. 13.(1) Section 3 (transfer into the United Kingdom) is amended...

          6. 14.(1) Section 4 (temporary return) is amended as follows

          7. 15.Before section 5 (operation of warrant and retaking prisoners) insert—...

          8. 16.(1) Section 5 (operation of warrant and retaking prisoners) is...

          9. 17.(1) Section 6 (revocation etc. of warrants) is amended as...

          10. 18.(1) Section 8 is amended as follows.

          11. 19.(1) The Schedule (operation of certain enactments in relation to...

        8. Police and Criminal Evidence Act 1984 (c. 60)

          1. 20.(1) In section 37B of the Police and Criminal Evidence...

        9. Criminal Justice Act 1987 (c. 38)

          1. 21.In section 1(17) of the Criminal Justice Act 1987 (application...

        10. Criminal Justice Act 1988 (c. 33)

          1. 22.The Criminal Justice Act 1988 has effect subject to the...

          2. 23.In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for...

          3. 24.In section 160(1) (offence of possession of indecent photographs of...

        11. Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))

          1. 25.In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern...

        12. Football Spectators Act 1989 (c. 37)

          1. 26.In paragraph 1(c), (k) and (q) of Schedule 1 to...

        13. Criminal Justice (International Co-operation) Act 1990 (c. 5)

          1. 27.In section 6(7) of the Criminal Justice (International Co-operation) Act...

        14. Broadcasting Act 1990 (c. 42)

          1. 28.(1) Section 167 of the Broadcasting Act 1990 (power to...

        15. Criminal Justice Act 1991 (c. 53)

          1. 29.(1) The Criminal Justice Act 1991 is amended as follows....

        16. Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

          1. 30.In section 10 of the Prisoners and Criminal Proceedings (Scotland)...

        17. Crime (Sentences) Act 1997 (c. 43)

          1. 31.The Crime (Sentences) Act 1997 has effect subject to the...

          2. 32.(1) Schedule 1 (transfer of prisoners within the British Islands)...

          3. 33.(1) Schedule 2 (repatriation of prisoners to the British Islands)...

        18. Crime and Disorder Act 1998 (c. 37)

          1. 34.(1) Section 38(4) of the Crime and Disorder Act 1998...

        19. Youth Justice and Criminal Evidence Act 1999 (c. 23)

          1. 35.The Youth Justice and Criminal Evidence Act 1999 has effect...

          2. 36.(1) Section 35 (child complainants and other child witnesses) is...

          3. 37.(1) Section 62 (meaning of “sexual offence” and other references...

          4. 38.The amendments made by paragraphs 36 and 37 are deemed...

          5. 39.Where an order under section 61 of the Youth Justice...

        20. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

          1. 40.The Powers of Criminal Courts (Sentencing) Act 2000 has effect...

          2. 41.In section 12 (absolute and conditional discharge), in subsection (1)...

          3. 42.In section 24(5)(a) (first meeting: duration of contract), after “under...

          4. 43.In section 28(a) (offender etc. referred back to court), for...

          5. 44.In section 92 (detention under sections 90 and 91: place...

          6. 45.In section 116 (power to order return to prison where...

          7. 46.In section 130 (compensation orders), in subsection (2) for “section...

          8. 47.In section 146 (driving disqualification for any offence), in subsection...

          9. 48.In section 164 (further interpretative provisions), in subsection (3)(c) for...

          10. 49.(1) Schedule 1 (youth offender panels: further court proceedings) is...

        21. Criminal Justice and Court Services Act 2000 (c. 43)

          1. 50.In section 1 of the Criminal Justice and Court Services...

        22. Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)

          1. 51.In Article 10 of the Life Sentences (Northern Ireland) Order...

        23. Crime (International Co-operation) Act 2003 (c. 32)

          1. 52.In section 48(2)(b) of the Crime (International Co-operation) Act 2003...

        24. Sexual Offences Act 2003 (c. 42)

          1. 53.The Sexual Offences Act 2003 has effect subject to the...

          2. 54.(1) In section 83(6)(a) (notification requirements: initial notification) after “court”...

          3. 55.(1) In section 85(4)(a) (notification requirements: periodic notification) after “court”...

          4. 56.(1) Section 133 (interpretation) is amended as follows.

          5. 57.(1) In section 138 (orders and regulations), at the end...

          6. 58.(1) Schedule 3 (sexual offences in respect of which offender...

        25. Criminal Justice Act 2003 (c. 44)

          1. 59.The Criminal Justice Act 2003 has effect subject to the...

          2. 60.(1) Section 23A (financial penalties) is amended as follows.

          3. 61.After section 23A insert— Variation of conditions A relevant prosecutor may, with the consent of the offender,...

          4. 62.In section 25 (codes of practice) in subsection (2) after...

          5. 63.In sections 88(3), 89(9) and 91(5) (days to be disregarded...

          6. 64.In section 142 (purposes of sentencing), in subsection (2)(c) for...

          7. 65.In section 150 (circumstances in which community sentence not available),...

          8. 66.In section 152 (general restrictions on imposing custodial sentences), in...

          9. 67.In section 153 (length of discretionary custodial sentences: general provision),...

          10. 68.In section 163 (general power of Crown Court to fine)...

          11. 69.In section 224 (meaning of “specified offence” etc), in subsection...

          12. 70.Section 233 (offences under service law) is omitted.

          13. 71.In section 264 (consecutive terms), in subsection (6)(a)(i) after “means”...

          14. 72.In section 305 (interpretation of Part 12), in subsection (4)—...

          15. 73.In section 273 (life prisoners transferred to England and Wales),...

          16. 74.(1) Section 325 (arrangements for assessing etc risks posed by...

          17. 75.In section 326(5)(a) (review of arrangements), for “and this section”...

          18. 76.In section 330(5)(a) (orders subject to the affirmative procedure) after...

          19. 77.In Part 4 of Schedule 37, in the entry relating...

        26. Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)

          1. 78.In paragraph 14 of Schedule 2 to the Criminal Justice...

        27. Terrorism Act 2006 (c. 11)

          1. 79.(1) Schedule 1 to the Terrorism Act 2006 (Convention offences)...

        28. Natural Environment and Rural Communities Act 2006 (c. 16)

          1. 80.In paragraph 7 of Schedule 5 to the Natural Environment...

        29. Police and Justice Act 2006 (c. 48)

          1. 81.(1) The Police and Justice Act 2006 is amended as...

        30. Armed Forces Act 2006 (c. 52)

          1. 82.(1) The Armed Forces Act 2006 has effect subject to...

        31. Offender Management Act 2007 (c. 21)

          1. 83.In section 1 of the Offender Management Act 2007 (meaning...

    27. SCHEDULE 27

      Transitory, transitional and saving provisions

      1. Part 1 Youth justice

        1. Abolition of certain youth orders and related amendments

          1. 1.(1) Section 1, subsections (1) and (2) of section 6,...

        2. Reparation orders

          1. 2.(1) Sub-paragraph (2) applies if the amendments of Schedule 8...

        3. Making of youth rehabilitation orders: other existing orders

          1. 3.In paragraph 29(3)(c) of Schedule 1 (requirements not to conflict...

        4. Instructions: other existing orders

          1. 4.In section 5(3)(c) (instructions not to conflict with other obligations),...

        5. Fine default: section 35 of the Crime (Sentences) Act 1997

          1. 5.The amendments, repeals and revocations in section 6, Schedule 4...

        6. Restrictions on imposing community sentences

          1. 6.In subsection (5) of section 148 of the Criminal Justice...

        7. Attendance centre rules

          1. 7.The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules...

      2. Part 2 Sentencing

        1. Release and recall of prisoners

          1. 8.Nothing in the amendments made by section 26 affects the...

          2. 9.Section 33(1A) of the Criminal Justice Act 1991 (c. 53)...

          3. 10.The amendments made by subsections (3) and (5) of section...

          4. 11.In section 255A and 255C of the Criminal Justice Act...

          5. 12.The amendment made by subsection (1) of section 32 applies...

        2. Fine defaulters

          1. 13.(1) Section 39 and Schedule 7 do not apply—

      3. Part 3 Appeals

        1. Appeals against conviction etc.

          1. 14.The amendment made by section 42 applies in relation to...

          2. 15.The amendment made by section 43 applies in relation to...

        2. Prosecution appeals

          1. 16.(1) The amendment made by section 44 applies in relation...

          2. 17.(1) The amendment made by section 45 applies in relation...

      4. Part 4 Other criminal justice provisions

        1. Alternatives to prosecution for offenders under 18

          1. 18.The amendments made by Schedule 9 do not apply in...

        2. Protection for spent cautions under Rehabilitation of Offenders Act 1974

          1. 19.(1) Subject to the following provisions of this paragraph, the...

          2. 20.In the application of subsection (7) of section 9A of...

        3. Extension of powers of non-legal staff

          1. 21.A designation made under section 7A of the Prosecution of...

        4. Compensation for miscarriages of justice

          1. 22.(1) Section 61(3) has effect in relation to any application...

      5. Part 5 Criminal law

        1. Penalties for possession of extreme pornographic images

          1. 23.In section 67(4)(a) the reference to 12 months is to...

        2. Indecent photographs of children

          1. 24.(1) Section 69(3) applies in relation to things done as...

        3. Maximum penalty for publication etc. of obscene articles

          1. 25.Section 71 does not apply to offences committed before the...

        4. Offences relating to nuclear material and nuclear facilities

          1. 26.The new section 2 inserted into the Nuclear Material (Offences)...

        5. Reasonable force for purposes of self-defence etc.

          1. 27.(1) Section 76 applies whether the alleged offence took place...

        6. Unlawfully obtaining etc. personal data: defences

          1. 28.The amendment made by section 78 does not apply in...

      6. Part 6 International co-operation in relation to criminal justice matters

        1. Mutual recognition of financial penalties

          1. 29.(1) The amendments made by subsection (1) of section 80,...

        2. Repatriation of prisoners

          1. 30.The amendment made by section 93 does not apply to...

      7. Part 7 Violent offender orders

        1. Penalties for offences

          1. 31.In section 113(7)(a) in its application in relation to England...

        2. Service custody and detention

          1. 32.(1) In relation to any time before the commencement of...

      8. Part 8 Anti-social behaviour

        1. Review of anti-social behaviour orders etc.

          1. 33.(1) The amendments made by section 123 do not apply...

        2. Individual support orders

          1. 34.(1) The amendments made by section 124 do not apply...

      9. Part 9 Police

        1. Police misconduct and performance procedures

          1. 35.(1) This paragraph applies if paragraphs 7, 8(3), 15 and...

      10. Part 10 Special immigration status

        1. Conditions on designated persons

          1. 36.In the application of section 133 to England and Wales...

      11. Part 11 Miscellaneous

        1. Persistent sales of tobacco to persons under 18

          1. 37.The new sections 12A and 12B inserted into the Children...

        2. Sexual offences

          1. 38.The amendment made by sub-paragraph (1) of paragraph 57 of...

    28. SCHEDULE 28

      Repeals and revocations

      1. Part 1 Youth rehabilitation orders

      2. Part 2 Sentencing

      3. Part 3 Appeals

      4. Part 4 Other criminal justice provisions

      5. Part 5 Criminal law

      6. Part 6 International co-operation in relation to criminal justice matters

      7. Part 7 Anti-social behaviour

      8. Part 8 Policing

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