Criminal Justice and Immigration Act 2008
Criminal Justice and Immigration Act 2008 (2008 c. 4)
- Criminal Justice and Immigration Act 2008 (2008 c. 4)
- Part 1 Youth rehabilitation orders
- Youth rehabilitation orders
- 1 Youth rehabilitation orders
- 2 Breach, revocation or amendment of youth rehabilitation orders
- 3 Transfer of youth rehabilitation orders to Northern Ireland
- 4 Meaning of “the responsible officer”
- 5 Responsible officer and offender: duties in relation to the other
- Supplementary
- 6 Abolition of certain youth orders and related amendments
- 7 Youth rehabilitation orders: interpretation
- 8 Isles of Scilly
- Part 2 Sentencing
- General sentencing provisions
- 9 Purposes etc. of sentencing: offenders under 18
- 10 Effect of restriction on imposing community sentences
- 11 Restriction on power to make a community order
- 12 Pre-sentence reports
- Custodial sentences
- 13 Sentences of imprisonment for public protection
- 14 Sentences of detention for public protection
- 15 Extended sentences for certain violent or sexual offences: persons 18 or over
- 16 Extended sentences for certain violent or sexual offences: persons under 18
- 17 The assessment of dangerousness
- 18 Further amendments relating to sentences for public protection
- 19 Indeterminate sentences: determination of tariffs
- 20 Consecutive terms of imprisonment
- Release and recall of prisoners
- 21 Credit for period of remand on bail: terms of imprisonment and detention
- 22 Credit for period of remand on bail: other cases
- 23 Credit for period of remand on bail: transitional provisions
- 24 Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003
- 25 Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences
- 26 Release of certain long-term prisoners under Criminal Justice Act 1991
- 27 Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK
- 28 Release of fine defaulters and contemnors under Criminal Justice Act 1991
- 29 Release of prisoners after recall
- 30 Further review and release of prisoners after recall
- 31 Recall of life prisoners: abolition of requirement for recommendation by Parole Board
- 32 Release of prisoners recalled following release under Criminal Justice Act 1991
- Early removal of prisoners from the United Kingdom
- 33 Removal under Criminal Justice Act 1991
- 34 Removal under Criminal Justice Act 2003
- Referral orders
- 35 Referral conditions
- 36 Power to revoke a referral order
- 37 Extension of period for which young offender contract has effect
- Enforcement of sentences
- 38 Imposition of unpaid work requirement for breach of community order
- 39 Youth default orders
- 40 Power to impose attendance centre requirement on fine defaulter
- 41 Disclosure of information for enforcing fines
- Part 3 Appeals
- Appeals by defendant
- 42 Power to dismiss certain appeals following references by the CCRC: England and Wales
- 43 Power to dismiss certain appeals following references by the CCRC: Northern Ireland
- Appeals by prosecution
- 44 Determination of prosecution appeals: England and Wales
- 45 Determination of prosecution appeals: Northern Ireland
- Miscellaneous
- 46 Review of sentence on reference by Attorney General
- 47 Further amendments relating to appeals in criminal cases
- Part 4 Other criminal justice provisions
- Alternatives to prosecution
- 48 Alternatives to prosecution for offenders under 18
- 49 Protection for spent cautions under Rehabilitation of Offenders Act 1974
- 50 Criminal conviction certificates and criminal record certificates
- Bail
- 51 Bail conditions: electronic monitoring
- 52 Bail for summary offences and certain other offences to be tried summarily
- Proceedings in magistrates' courts
- 53 Allocation of offences triable either way etc.
- 54 Trial or sentencing in absence of accused in magistrates' courts
- 55 Extension of powers of non-legal staff
- Criminal legal aid
- 56 Provisional grant of right to representation
- 57 Disclosure of information to enable assessment of financial eligibility
- 58 Pilot schemes
- Miscellaneous
- 59 SFO's pre-investigation powers in relation to bribery and corruption: foreign officers etc.
- 60 Contents of an accused's defence statement
- 61 Compensation for miscarriages of justice
- 62 Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998
- Part 5 Criminal law
- Pornography etc.
- 63 Possession of extreme pornographic images
- 64 Exclusion of classified films etc.
- 65 Defences: general
- 66 Defence: participation in consensual acts
- 67 Penalties etc. for possession of extreme pornographic images
- 68 Special rules relating to providers of information society services
- 69 Indecent photographs of children: England and Wales
- 70 Indecent photographs of children: Northern Ireland
- 71 Maximum penalty for publication etc. of obscene articles
- Sexual offences
- 72 Offences committed outside the United Kingdom
- 73 Grooming and adoption
- Hatred on the grounds of sexual orientation
- 74 Hatred on the grounds of sexual orientation
- Offences relating to nuclear material and nuclear facilities
- 75 Offences relating to the physical protection of nuclear material and nuclear facilities
- Self-defence etc.
- 76 Reasonable force for purposes of self-defence etc.
- Unlawfully obtaining etc. personal data
- 77 Power to alter penalty for unlawfully obtaining etc. personal data
- 78 New defence for purposes of journalism and other special purposes
- Blasphemy
- 79 Abolition of common law offences of blasphemy and blasphemous libel
- Part 6 International co-operation in relation to criminal justice matters
- Recognition of financial penalties: requests to other member States
- 80 Requests to other member States: England and Wales
- 81 Procedure on issue of certificate: England and Wales
- 82 Requests to other member States: Northern Ireland
- 83 Procedure on issue of certificate: Northern Ireland
- Recognition of financial penalties: requests from other member States
- 84 Requests from other member States: England and Wales
- 85 Procedure on receipt of certificate by designated officer
- 86 Modification of Magistrates' Courts Act 1980 etc
- 87 Requests from other member States: Northern Ireland
- 88 Procedure on receipt of certificate by clerk of petty sessions
- 89 Modification of Magistrates' Courts (Northern Ireland) Order 1981 etc
- 90 Transfer of certificates to central authority for Scotland
- 90A Transfer of certificates by Department of Justice to Lord Chancellor and vice versa
- Recognition of financial penalties: miscellaneous
- 91 Recognition of financial penalties: general
- 92 Interpretation of sections 80 to 91 etc.
- Repatriation of prisoners
- 93 Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom
- 94 Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister
- 95 Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984
- 96 Amendments relating to Scotland
- Mutual legal assistance in revenue matters
- 97 Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation
- Part 7 Violent offender orders
- Violent offender orders
- 98 Violent offender orders
- 99 Qualifying offenders
- 100 Applications for violent offender orders
- 101 Making of violent offender orders
- 102 Provisions that orders may contain
- 103 Variation, renewal or discharge of violent offender orders
- 104 Interim violent offender orders
- 105 Notice of applications
- 106 Appeals
- Notification requirements
- 107 Offenders subject to notification requirements
- 108 Notification requirements: initial notification
- 109 Notification requirements: changes
- 110 Notification requirements: periodic notification
- 111 Notification requirements: travel outside United Kingdom
- 112 Method of notification and related matters
- Supplementary
- 113 Offences
- 114 Supply of information to Secretary of State etc.
- 115 Supply of information by Secretary of State etc.
- 116 Information about release or transfer
- 117 Interpretation of Part 7
- Part 8 Anti-social behaviour
- Premises closure orders
- 118 Closure orders: premises associated with persistent disorder or nuisance
- Nuisance or disturbance on hospital premises
- 119 Offence of causing nuisance or disturbance on NHS premises
- 120 Power to remove person causing nuisance or disturbance
- 121 Guidance about the power to remove etc.
- 122 Nuisance or disturbance on HSS premises
- Anti-social behaviour orders etc. in respect of children and young persons
- 123 Review of anti-social behaviour orders etc.
- 124 Individual support orders
- Parenting contracts and parenting orders
- 125 Parenting contracts and parenting orders: local authorities
- Part 9 Policing
- Misconduct procedures etc.
- 126 Police misconduct and performance procedures
- 127 Investigation of complaints of police misconduct etc.
- Financial assistance
- 128 Financial assistance under section 57 of Police Act 1996
- Inspection
- 129 Inspection of police authorities
- Part 10 Special immigration status
- 130 Designation
- 131 “Foreign criminal”
- 132 Effect of designation
- 133 Conditions
- 134 Support
- 135 Support: supplemental
- 136 End of designation
- 137 Interpretation: general
- Part 11 Miscellaneous
- Industrial action by prison officers
- 138 Amendment of section 127 of Criminal Justice and Public Order Act 1994
- 139 Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994
- Sex offenders
- 140 Disclosure of information about convictions etc. of child sex offenders to members of the public
- 141 Sexual offences prevention orders: relevant sexual offences
- 142 Notification requirements: prescribed information
- Persistent sales of tobacco to persons under 18
- 143 Persistent sales of tobacco to persons under 18
- Penalties for serious contraventions of data protection principles
- 144 Power to require data controllers to pay monetary penalty
- Armed forces legislation
- 145 Amendments to armed forces legislation
- Automatic deportation of criminals
- 146 Convention against human trafficking
- Part 12 General
- 147 Orders, rules and regulations
- 148 Consequential etc. amendments and transitional and saving provision
- 149 Repeals and revocations
- 150 Financial provisions
- 151 Effect of amendments to criminal justice provisions applied for purposes of service law
- 152 Extent
- 153 Commencement
- 154 Short title
- SCHEDULES
- SCHEDULE 1 Further provisions about youth rehabilitation orders
- Part 1 Provisions to be included in youth rehabilitation orders
- Imposition of requirements
- Electronic monitoring requirement
- Youth rehabilitation order with intensive supervision and surveillance
- Youth rehabilitation order with fostering
- Intensive supervision and surveillance and fostering: further provisions
- Part 2 Requirements
- Activity requirement
- Activity requirement: instructions of responsible officer under paragraph 6(1)(d)
- Activity requirement: further provisions
- Supervision requirement
- Unpaid work requirement
- Programme requirement
- Attendance centre requirement
- Prohibited activity requirement
- Curfew requirement
- Exclusion requirement
- Residence requirement
- Local authority residence requirement
- Fostering requirement
- Pre-conditions to imposing local authority residence requirement or fostering requirement
- Mental health treatment requirement
- Mental health treatment at place other than that specified in order
- Drug treatment requirement
- Drug testing requirement
- Intoxicating substance treatment requirement
- Education requirement
- Electronic monitoring requirement
- Power to amend limits
- Part 3 Provisions applying where court proposes to make youth rehabilitation order
- Family circumstances
- Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.
- Date of taking effect and other existing orders
- Concurrent and consecutive orders
- Part 4 Provisions applying where court makes youth rehabilitation order etc.
- Date for compliance with requirements to be specified in order
- Local justice area to be specified in order
- Provision of copies of orders
- Power to provide for court review of orders
- Order made by Crown Court: direction in relation to further proceedings
- SCHEDULE 2 Breach, revocation or amendment of youth rehabilitation orders
- Part 1 Preliminary
- Interpretation
- Orders made on appeal
- Part 2 Breach of requirement of order
- Duty to give warning
- Breach of order
- Issue of summons or warrant by justice of the peace
- Powers of magistrates' court
- Power of magistrates' court to refer offender to Crown Court
- Powers of Crown Court
- Restriction of powers in paragraphs 6 and 8 where treatment required
- Power to amend amounts of fines
- Part 3 Revocation of order
- Revocation of order with or without re-sentencing: powers of appropriate court
- Revocation of order with or without re-sentencing: powers of Crown Court
- Part 4 Amendment of order
- Amendment by appropriate court
- Amendment by Crown Court
- Exercise of powers under paragraph 13(2) or 14(2): further provisions
- Exercise of powers under paragraph 13(4) or 14(4): further provisions
- Extension of order
- Extension of unpaid work requirement
- Part 5 Powers of court in relation to order following subsequent conviction
- Powers of magistrates' court following subsequent conviction
- Powers of Crown Court following subsequent conviction
- Part 6 Supplementary
- Appearance of offender before court
- Warrants
- Adjournment of proceedings
- Restrictions on imposition of intensive supervision and surveillance or fostering
- Provision of copies of orders etc.
- Power to amend maximum period of fostering requirement
- SCHEDULE 3 Transfer of youth rehabilitation orders to Northern Ireland
- Part 1 Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
- Making of youth rehabilitation order where offender resides or will reside in Northern Ireland
- Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland
- Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2
- Modifications to Part 1
- Meaning of “supervision”
- Part 2 Provisions relating to an order made or amended under Part 1
- Application of this Part
- Interpretation
- Effect of the youth rehabilitation order in Northern Ireland
- Duty of offender to keep in touch with relevant officer
- Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction
- Powers of the home court in respect of the youth rehabilitation order
- Powers of court in England or Wales before which the offender is required to appear
- Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland
- SCHEDULE 4 Youth rehabilitation orders: consequential and related amendments
- Part 1 Consequential amendments
- Children and Young Persons Act 1933 (c. 12)
- Criminal Appeal Act 1968 (c. 19)
- Firearms Act 1968 (c. 27)
- Health Services and Public Health Act 1968 (c. 46)
- Social Work (Scotland) Act 1968 (c. 49)
- Children and Young Persons Act 1969 (c. 54)
- Rehabilitation of Offenders Act 1974 (c. 53)
- Bail Act 1976 (c. 63)
- Magistrates' Courts Act 1980 (c. 43)
- Contempt of Court Act 1981 (c. 49)
- Criminal Justice Act 1982
- Mental Health Act 1983 (c. 20)
- Child Abduction Act 1984 (c. 37)
- Prosecution of Offences Act 1985 (c. 23)
- Children Act 1989 (c. 41)
- Criminal Justice Act 1991 (c. 53)
- Criminal Justice and Public Order Act 1994 (c. 33)
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- Education Act 1996 (c. 56)
- Crime and Disorder Act 1998 (c. 37)
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- Child Support, Pensions and Social Security Act 2000 (c. 19)
- Criminal Justice and Court Services Act 2000 (c. 43)
- Criminal Justice Act 2003 (c. 44)
- Violent Crime Reduction Act 2006 (c. 38)
- Offender Management Act 2007 (c. 21)
- Part 2 Related amendments
- Children and Young Persons Act 1933 (c. 12)
- Children and Young Persons Act 1969 (c. 54)
- Bail Act 1976 (c. 63)
- Magistrates' Courts Act 1980 (c. 43)
- Child Abduction Act 1984 (c. 37)
- Children Act 1989 (c. 41)
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- Criminal Justice Act 2003 (c. 44)
- SCHEDULE 5 Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003
- SCHEDULE 6 Credit for period of remand on bail: transitional provisions
- SCHEDULE 7 Youth default orders: modification of provisions applying to youth rehabilitation orders
- General
- Unpaid work requirement
- Attendance centre requirement
- Curfew requirement
- Enforcement, revocation and amendment of youth default order
- Power to alter amount of money or number of hours or days
- Transfer of youth default order to Northern Ireland
- SCHEDULE 8 Appeals in criminal cases
- Part 1 Amendments of Criminal Appeal Act 1968
- Time limit on grant of certificates of fitness for appeal
- Powers of Court to substitute different sentence
- Interim hospital orders
- Evidence
- Powers of single judge
- Appeals against procedural directions
- Detention of defendant pending appeal to Supreme Court
- Part 2 Amendments of Criminal Appeal (Northern Ireland) Act 1980
- Time limit on grant of certificates of fitness for appeal
- Powers of Court to substitute different sentence
- Interim hospital orders
- Evidence
- Detention of defendant pending appeal to Supreme Court
- Powers of single judge
- Part 3 Amendments of other Acts
- Detention of defendant pending appeal from High Court to Supreme Court
- Variation of sentences by Crown Court
- SCHEDULE 9 Alternatives to prosecution for persons under 18
- SCHEDULE 10 Protection for spent cautions under Rehabilitation of Offenders Act 1974
- SCHEDULE 11 Electronic monitoring of persons released on bail subject to conditions
- SCHEDULE 12 Bail for summary offences and certain other offences to be tried summarily
- SCHEDULE 13 Allocation of cases triable either way etc.
- SCHEDULE 14 Special rules relating to providers of information society services
- Domestic service providers: extension of liability
- Non-UK service providers: restriction on institution of proceedings
- Exceptions for mere conduits
- Exception for caching
- Exception for hosting
- Interpretation
- SCHEDULE 15 Sexual offences: grooming and adoption
- Meeting a child following sexual grooming
- Adoption
- SCHEDULE 16 Hatred on the grounds of sexual orientation
- SCHEDULE 17 Offences relating to nuclear material and nuclear facilities
- Part 1 Amendments of Nuclear Material (Offences) Act 1983
- Part 2 Amendments of Customs and Excise Management Act 1979
- SCHEDULE 18 Penalties suitable for enforcement in England and Wales or Northern Ireland
- Person residing in England and Wales
- Person residing in Northern Ireland
- Person having property etc. in England and Wales
- Person having property etc. in Northern Ireland
- Person having property etc. in England and Wales and Northern Ireland
- Person having property etc. in England and Wales and Scotland
- Person having property etc. in Northern Ireland and Scotland
- Person having property etc. in England and Wales, Scotland and Northern Ireland
- Interpretation
- SCHEDULE 19 Grounds for refusal to enforce financial penalties
- Part 1 The grounds for refusal
- Part 2 European framework list (financial penalties)
- Part 3 Interpretation
- SCHEDULE 20 Closure orders: premises associated with persistent disorder or nuisance
- SCHEDULE 21 Nuisance or disturbance on HSS premises
- Offence of causing nuisance or disturbance on HSS premises
- Power to remove person causing nuisance or disturbance
- Guidance about the power to remove etc.
- SCHEDULE 22 Police misconduct and performance procedures
- Part 1 Amendments of Police Act 1996
- General duty of Secretary of State
- Regulations for police forces
- Regulations for special constables
- Police Federations
- Police Advisory Board
- Representation at disciplinary and other proceedings
- Appeals against dismissal etc.
- Guidance concerning disciplinary proceedings etc.
- Police officers engaged on service outside their force
- Police Appeals Tribunals
- Part 2 Amendments of Ministry of Defence Police Act 1987
- Defence Police Federation
- Regulations relating to disciplinary matters
- Representation etc. at disciplinary proceedings
- Appeals against dismissal etc.
- Part 3 Amendments of Railways and Transport Safety Act 2003
- Police regulations: general
- Police regulations: special constables
- Police regulations by Secretary of State
- Regulations: further appeal
- SCHEDULE 23 Investigation of complaints of police misconduct etc.
- SCHEDULE 24 Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”
- SCHEDULE 25 Amendments to armed forces legislation
- Part 1 Courts-Martial (Appeals) Act 1968
- Power to dismiss certain appeals following references by the CCRC
- Interim hospital orders
- Evidence
- Appeals against procedural directions
- Detention of accused pending appeal to Supreme Court
- Part 2 Armed Forces Act 2006
- Consecutive custodial sentences
- Dangerous offenders
- Restrictions on imposing community punishment
- Review of sentence on reference by Attorney General
- Compensation for miscarriages of justice
- Imposition of unpaid work requirement for breach of service community order or overseas service community order
- Suspended prison sentences: further conviction or breach of requirement
- Part 3 Transitional provisions
- Transitional provisions: compensation for miscarriage of justice
- SCHEDULE 26 Minor and consequential amendments
- Part 1 Fine defaulters
- Magistrates' Courts Act 1980 (c. 43)
- Criminal Justice Act 2003 (c. 44)
- Part 2 Other amendments
- Prison Act 1952 (c. 52)
- Criminal Justice Act 1961 (c. 39)
- Children and Young Persons Act 1969 (c. 54)
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- Wildlife and Countryside Act 1981 (c. 69)
- Mental Health Act 1983 (c. 20)
- Repatriation of Prisoners Act 1984 (c. 47)
- Police and Criminal Evidence Act 1984 (c. 60)
- Criminal Justice Act 1987 (c. 38)
- Criminal Justice Act 1988 (c. 33)
- Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))
- Football Spectators Act 1989 (c. 37)
- Criminal Justice (International Co-operation) Act 1990 (c. 5)
- Broadcasting Act 1990 (c. 42)
- Criminal Justice Act 1991 (c. 53)
- Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
- Crime (Sentences) Act 1997 (c. 43)
- Crime and Disorder Act 1998 (c. 37)
- Youth Justice and Criminal Evidence Act 1999 (c. 23)
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- Criminal Justice and Court Services Act 2000 (c. 43)
- Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)
- Crime (International Co-operation) Act 2003 (c. 32)
- Sexual Offences Act 2003 (c. 42)
- Criminal Justice Act 2003 (c. 44)
- Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)
- Terrorism Act 2006 (c. 11)
- Natural Environment and Rural Communities Act 2006 (c. 16)
- Police and Justice Act 2006 (c. 48)
- Armed Forces Act 2006 (c. 52)
- Offender Management Act 2007 (c. 21)
- SCHEDULE 27 Transitory, transitional and saving provisions
- Part 1 Youth justice
- Abolition of certain youth orders and related amendments
- Reparation orders
- Making of youth rehabilitation orders: other existing orders
- Instructions: other existing orders
- Fine default: section 35 of the Crime (Sentences) Act 1997
- Restrictions on imposing community sentences
- Attendance centre rules
- Part 2 Sentencing
- Release and recall of prisoners
- Fine defaulters
- Part 3 Appeals
- Appeals against conviction etc.
- Prosecution appeals
- Part 4 Other criminal justice provisions
- Alternatives to prosecution for offenders under 18
- Protection for spent cautions under Rehabilitation of Offenders Act 1974
- Extension of powers of non-legal staff
- Compensation for miscarriages of justice
- Part 5 Criminal law
- Penalties for possession of extreme pornographic images
- Indecent photographs of children
- Maximum penalty for publication etc. of obscene articles
- Offences relating to nuclear material and nuclear facilities
- Reasonable force for purposes of self-defence etc.
- Unlawfully obtaining etc. personal data: defences
- Part 6 International co-operation in relation to criminal justice matters
- Mutual recognition of financial penalties
- Repatriation of prisoners
- Part 7 Violent offender orders
- Penalties for offences
- Service custody and detention
- Part 8 Anti-social behaviour
- Review of anti-social behaviour orders etc.
- Individual support orders
- Part 9 Police
- Police misconduct and performance procedures
- Part 10 Special immigration status
- Conditions on designated persons
- Part 11 Miscellaneous
- Persistent sales of tobacco to persons under 18
- Sexual offences
- SCHEDULE 28 Repeals and revocations
- Part 1 Youth rehabilitation orders
- Part 2 Sentencing
- Part 3 Appeals
- Part 4 Other criminal justice provisions
- Part 5 Criminal law
- Part 6 International co-operation in relation to criminal justice matters
- Part 7 Anti-social behaviour
- Part 8 Policing
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