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Criminal Justice and Court Services Act 2000
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- 2000 c. 43
- Part III
- Chapter II
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5A inserted by 2006 c. 52 Sch. 16 para. 178
- s. 5A modified by S.I. 2009/1059 Sch. 1 para. 47
- s. 5A substituted by 2006 c. 52 s. 327
- s. 5A(1) modified by S.I. 2009/1059 art. 187
- s. 29A 29B inserted by 2003 c. 44 Sch. 30 para. 2
- s. 29A(1)(b) words substituted by 2005 c. 4 Sch. 11 para. 35
- Sch. 1A inserted by 2006 c. 48 s. 31(2)
- Sch. 1A modified by S.I. 2008/2250 art. 3(10)
- Sch. 1A para. 2(2)(f) repealed by 2008 c. 14 Sch. 5 para. 74(2)(a) Sch. 15 Pt. 1
- Sch. 1A para. 3(2)(c) repealed by 2008 c. 14 Sch. 5 para. 74(3)(a) Sch. 15 Pt. 1
- Sch. 1A para. 3(4)(f) repealed by 2008 c. 14 Sch. 5 para. 74(4)(a) Sch. 15 Pt. 1
- Sch. 1A para. 2(2)(g) substituted by 2008 c. 14 Sch. 5 para. 74(2)(b)
- Sch. 1A para. 3(2)(d) substituted by 2008 c. 14 Sch. 5 para. 74(3)(b)
- Sch. 1A para. 3(4)(g) substituted by 2008 c. 14 Sch. 5 para. 74(4)(b)
- Sch. 1A para. 2(2)(h) text amended by 2007 c. 28 Sch. 9 para. 1(1)para. 1(2)(r) Sch. 18 Pt. 9
- Sch. 1A para. 3(2)(e) text amended by 2007 c. 28 Sch. 9 para. 1(1)para. 1(2)(r) Sch. 18 Pt. 9
- Sch. 1A para. 4(h) text amended by 2007 c. 28 Sch. 9 para. 1(1)para. 1(2)(r) Sch. 18 Pt. 9
Commencement Orders yet to be applied to the Criminal Justice and Court Services Act 2000:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/709 art. 2 commences (2000 c. 43)
- S.I. 2004/780 art. 2 commences (2000 c. 43)
- S.I. 2004/2171 art. 2 commences (2000 c. 43)
- S.I. 2005/596 art. 2 commences (2000 c. 43)
- S.I. 2005/3054 art. 2 commences (2003 c. 43)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1 art. 2 Sch. commences (2002 c. 41)
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/3079 art. 2 commences (2002 c. 38)
- S.I. 2004/829 art. 2-4 commences (2003 c. 44)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/1403 art. 2 commences (2002 c. 38)
- S.I. 2004/1629 art. 2 3 commences (2003 c. 44)
- S.I. 2004/2999 art. 2 Sch. commences (2004 c. 19)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/579 art. 2 3 commences (2004 c. 28)
- S.I. 2005/700 art. 2 commences (2004 c. 31)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/1705 art. 2 commences (2004 c. 28)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2005/2897 art. 2 commences (2002 c. 38)
- S.I. 2005/3053 art. 2 3 commences (2005 c. 17)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
- S.I. 2007/2913 art. 2 3 commences (2006 c. 52)
- S.I. 2007/3545 art. 2-4 commences (2006 c. 47)
- S.I. 2008/172 art. 2-9 commences (2007 c. 28)
- S.I. 2008/504 art. 2-4 commences (2007 c. 21)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/3077 art. 2-5 commences (2008 c. 25)
- S.I. 2009/39 art. 2 commences (2006 c. 47)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/547 art. 2 commences (2007 c. 21)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2010/191 art. 2 commences (2007 c. 21)
- S.I. 2010/293 art. 2 commences (2009 c. 24)
- S.I. 2010/1101 art. 2-5 commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2004/494 art. 2 commences (2004 c. 19)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.R. 2008/510 art. 2 commences (S.I. 2008/1769 (N.I.))
DetentionE+W+S+N.I.
Prospective
59 Remand centres.E+W
In section 43(1) of the M1Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Marginal Citations
60 Life sentences: tariffs.E+W+S+N.I.
(1)After section 82 of the M2Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
“ Life sentencesE+W+S+N.I.
82A Determination of tariffs.
(1)This section applies if a court passes a life sentence in circumstances where—
(a)the sentence is not fixed by law; or
(b)the offender was aged under 18 when he committed the offence.
(2)The court shall, unless it makes an order under subsection (4) below, order that the provisions of section 28(5) to (8) of the M3Crime (Sentences) Act 1997 (referred to in this section as the “early release provisions”) shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.
(3)The part of his sentence shall be such as the court considers appropriate taking into account—
(a)the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;
(b)the effect of any direction which it would have given under section 87 below (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment; and
(c)the early release provisions as compared with sections 33(2) and 35(1) of the M4Criminal Justice Act 1991.
(4)If the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, the court shall order that, subject to subsection (5) below, the early release provisions shall not apply to the offender.
(5)If, in a case where an order under subsection (4) above is in force, the offender was aged under 18 when he committed the offence, the Secretary of State shall at the appropriate stage direct that the early release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.
(6)The appropriate stage, for the purposes of subsection (5) above, is when the Secretary of State has formed the opinion, having regard to any factors determined by him to be relevant for the purpose, that it is appropriate for him to give the direction.
(7)In this section—
“court” includes a court-martial;
“life sentence” has the same meaning as in Chapter II of Part II of the M5Crime (Sentences) Act 1997.
(8)So far as this section relates to sentences passed by a court-martial, section 167(1) below does not apply.”
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Marginal Citations
(2)In section 90 of the M6Powers of Criminal Courts (Sentencing) Act 2000 (offenders who commit murder when under 18: duty to detain at Her Majesty’s pleasure), after “murder” there is inserted “ or any other offence the sentence for which is fixed by law as life imprisonment ”; and, in the sidenote, after “murder” there is inserted “ etc. ”.
(3)This section has effect in relation to sentences passed after the coming into force of this section.
(4)In relation to any time before the coming into force of section 87 of the M7Powers of Criminal Courts (Sentencing) Act 2000, section 82A of that Act shall have effect as if, in paragraph (b) of subsection (3), for “of any direction which it would have given under section 87 below (crediting periods of remand in custody)” there were substituted “ which section 67 of the M8Criminal M9 Justice Act 1967 would have had ”.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Extent Information
E1s.60 extents to UK.see s.81(1)(2)(b) for th extent
Marginal Citations
Prospective
61 Abolition of sentences of detention in a young offender institution, custody for life, etc.E+W+S+N.I.
(1)No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.
(2)No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.
(3)A person who—
(a)has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and
(b)is aged at least 18 but under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(4)A person—
(a)who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and
(b)who is aged under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(5)A person who has been sentenced to imprisonment and is aged under 21 may be detained—
(a)in a prison, or
(b)in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,
determined by the Secretary of State.
(6)A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
(7)The repeal by this Act of section 106(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of sentences of detention in a young offender institution) does not affect the validity of any order made, or having effect as if made, under paragraph (b) of that subsection.
(8)In this section—
“court” includes a court-martial and a Standing Civilian Court,
“custodial order” means an order under—
(9)On the coming into force of this section—
(a)paragraph (b) of the definition of “qualifying sentence” in section 30(1), and
(b)paragraph (b) of the definition of “relevant sentence” in section 69(7),
are omitted.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Extent Information
E2s.61 extents to UK.see s.81(1)(2)(c) for the extent
Marginal Citations
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