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Criminal Justice and Immigration Act 2008

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Criminal Justice and Immigration Act 2008, Part 1 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 1U.K.Youth rehabilitation orders

Commencement Information

I1Sch. 28 Pt. 1 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(u)

TitleExtent of repeal or revocation
Children and Young Persons Act 1933 (c. 12)

In section 34(7), the words “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

In section 49—

(a)

in subsection (4A), paragraph (d) (but not the word “and” immediately following it);

(b)

in subsection (13)(c), sub-paragraph (i) together with the word “and” immediately following it.

Social Work (Scotland) Act 1968 (c. 49)In section 94(1), in the definition of “supervision order”, the words “the Powers of Criminal Courts (Sentencing) Act 2000 or”.
Children and Young Persons Act 1969 (c. 54)

Section 25.

In section 70(1), the definition of “supervision order”.

Northern Ireland (Modification of Enactments — No. 1) Order 1973 (S.I. 1973/2163)In Schedule 1, the entry relating to section 25(2) of the Children and Young Persons Act 1969.
Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 (S.R. & O. 1973 No. 256)In Schedule 2, the entry relating to section 25 of the Children and Young Persons Act 1969.
Bail Act 1976 (c. 63)In section 4(3), the words “to be dealt with”.
Magistrates' Courts Act 1980 (c. 43)In Schedule 6A, the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Contempt of Court Act 1981 (c. 49)In section 14, the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).
Criminal Justice Act 1982 (c. 48)

In Schedule 13—

(a)

in paragraph 7(2)(b), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”;

(b)

in paragraph 7(3)(b), the words “within the meaning of Part 12 of the Criminal Justice Act 2003”;

(c)

in paragraph 9(3)(a), the words “under section 177 of the Criminal Justice Act 2003”;

(d)

in paragraph 9(4)(a), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”;

(e)

in paragraph 9(5), the words “(within the meaning of the Part 12 of the Criminal Justice Act 2003)”;

(f)

in paragraph 9(6), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

In Schedule 14, paragraph 60.

Mental Health Act 1983 (c. 20)In section 37(8)(c), the words “a supervision order (within the meaning of that Act) or”.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)In Schedule 2, paragraphs 15(b) and 16.
Children Act 1989 (c. 41)

In section 21(2)(c), in sub-paragraph (i), the words “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and the word “or” at the end of that sub-paragraph.

In section 105(6), in paragraph (b), the words from “or an” to the end of that paragraph.

In Schedule 13, paragraph 35(3).

Criminal Justice Act 1991 (c. 53)

In paragraph 11 of Schedule 3—

(a)

in sub-paragraph (2)(a), the words “under section 177 of the Criminal Justice Act 2003”;

(b)

in sub-paragraph (4), the words “under section 177 of the Criminal Justice Act 2003”.

In Schedule 11, paragraph 3.

Children (Prescribed Orders — Northern Ireland, Guernsey and Isle of Man) Regulations 1991 (S.I. 1991/ 2032)

In regulation 8(1)—

(a)

sub-paragraph (a)(ii);

(b)

sub-paragraph (b)(i), (ii), (iv) and (v);

(c)

sub-paragraph (c)(ii) and (iii).

Prisoners (Return to Custody) Act 1995 (c. 16)Section 2(2).
Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/ 756)Article 7(2) and (3).
Crime and Disorder Act 1998 (c. 37)

In section 38(4)—

(a)

paragraph (g);

(b)

in paragraph (h), the words “or a supervision order”.

In Schedule 8, paragraph 13(1).

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

Chapters 1, 2, 4 and 5 of Part 4.

In section 74(3)(a), the words “or with the requirements of any community order or any youth community order to which he may be subject”.

In section 75, the words “action plan orders and” and “so far as relating to reparation orders”.

In section 137(2)—

(a)

paragraphs (a) to (c);

(b)

in paragraph (d), the words “action plan order or”.

In section 159, the words “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”, “paragraph 1(1) of Schedule 5 to this Act,” and “paragraph 7(2) of Schedule 7 to this Act, or”.

In section 160—

(a)

F1...

(b)

in subsection (3)(a), “40(2)(a)”;

(c)

F1...

In section 163, the definitions of—

(a)

“action plan order”;

(b)

“affected person”;

(c)

“attendance centre”;

(d)

“attendance centre order”;

(e)

“community sentence”;

(f)

“curfew order”;

(g)

“exclusion order”;

(h)

“supervision order”;

(i)

“supervisor”;

(j)

“youth community order”;

and paragraphs (a), (aa) and (f) of the definition of “responsible officer”.

Schedules 3 and 5 to 7.

In Schedule 8—

(a)

in the heading, the words “action plan orders and”;

(b)

paragraph 1 and the heading preceding that paragraph;

(c)

in the cross-heading before paragraph 2, the words “action plan order or”;

(d)

in paragraph 2—

(i)

in sub-paragraph (2), in paragraph (a), sub-paragraphs (ii) and (iii) and in paragraphs (b) and (c) the words “action plan order or”;

(ii)

in sub-paragraphs (5) and (7), the words “action plan order or”;

(iii)

in sub-paragraph (8), the words “or action plan order” in both places;

(d)

paragraphs 3 and 4;

(e)

in the cross-heading before paragraph 5, the words “action plan order or”;

(f)

in paragraph 5(1)(a), the words “action plan order or”;

(g)

in paragraph 6(9)(a), (b) and (c), the words “action plan order or”.

In Schedule 9, paragraphs 1, 2(2), (3)(a) and (4), 28(2), 33, 34(b), 39, 41, 42, 49, 80, 93(a), 126(b), 127, 129, 131 and 132.

In Schedule 10, paragraphs 4 to 6 and 12 to 15.

In Schedule 11, paragraphs 4(1)(a), (2) and (3) and 5.

Care Standards Act 2000 (c. 14)In Schedule 4, paragraph 28(3).
Criminal Justice and Court Services Act 2000 (c. 43)

Section 46.

Section 52.

Section 70(5).

In Schedule 7—

(a)

in paragraph 4(2), in the entry relating to the Powers of Criminal Courts (Sentencing) Act 2000, the entries beginning “sections 63(1)(b)” and “in section 69”;

(b)

paragraphs 37(b), 69, 163, 164, 174, 175 and 192;

(c)

in paragraph 196, paragraphs (a), (b), (c)(i) and (iii) and (d);

(d)

in paragraph 197—

(i)

paragraph (a);

(ii)

paragraph (d);

(iii)

in paragraph (f), the definitions of “affected person” and “exclusion order”;

(iv)

paragraph (g)(i);

(e)

paragraphs 201, 202(2) and 204.

Anti-social Behaviour Act 2003 (c. 38)

Section 88.

Schedule 2.

Criminal Justice Act 2003 (c. 44)

In section 147, subsections (1)(b) and (2).

In section 148—

(a)

in subsection (2), the words “which consists of or includes a community order”;

(b)

subsection (3).

In section 156(2), “or (3)(a)”.

In section 161—

(a)

in subsection (1), the words “aged 14 or over”;

(b)

subsection (7).

In section 176, the definition of “youth community order”.

In section 197(1)(b), the words “the offender is aged 18 or over and”.

Section 199(4).

Section 211(5).

In section 221(2), paragraph (b) together with the word “or” immediately preceding it.

Section 279.

In section 330(5)(a), the entry relating to section 161(7).

In Schedule 8, paragraphs 12, 15 and 17(5).

Schedule 24.

In Schedule 32, paragraphs 2(2), 8(2)(a), 14, 64(3)(a)(ii), 70(5)(a) and (7), 73, 89(2), 95 to 105, 106(2), 107, 122, 123(3), (5) and (8), 125, 127, 128, 129, 131(3) and 138.

Textual Amendments

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