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Criminal Justice and Immigration Act 2008

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Changes to legislation:

Criminal Justice and Immigration Act 2008, Part 5 is up to date with all changes known to be in force on or before 19 March 2019. 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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Changes and effects

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

Part 5 E+W+S+N.I.Criminal law

Penalties for possession of extreme pornographic imagesE+W+S+N.I.

23In section 67(4)(a) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44).

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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.

Commencement Information

I1Sch. 27 para. 23 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)

Indecent photographs of childrenE+W+S+N.I.

24(1)Section 69(3) applies in relation to things done as mentioned in—E+W+S+N.I.

(a)section 1(1) of the Protection of Children Act 1978 (c. 37) (offences relating to indecent photographs of children), or

(b)section 160(1) of the Criminal Justice Act 1988 (c. 33) (offence of possession of indecent photographs of children),

after the commencement of section 69.

(2)Section 70(3) applies in relation to things done as mentioned in—

(a)Article 3(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (offences relating to indecent photographs of children), or

(b)Article 15(1) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (offence of possession of indecent photographs of children),

after the commencement of section 70.

Maximum penalty for publication etc. of obscene articlesE+W+S+N.I.

25Section 71 does not apply to offences committed before the commencement of that section.

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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.

Commencement Information

I2Sch. 27 para. 25 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)

Offences relating to nuclear material and nuclear facilitiesE+W+S+N.I.

26The new section 2 inserted into the Nuclear Material (Offences) Act 1983 (c. 18) by paragraph 4 of Schedule 17 and the repeal in Part 5 of Schedule 28 of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to anything done before the date on which Schedule 17 comes into force.

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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.

Commencement Information

I3Sch. 27 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(ii)

Reasonable force for purposes of self-defence etc.E+W+S+N.I.

27(1)Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force.E+W+S+N.I.

(2)But that section does not apply in relation to—

(a)any trial on indictment where the arraignment took place before that date, or

(b)any summary trial which began before that date,

or in relation to any proceedings in respect of any trial within paragraph (a) or (b).

(3)Where the alleged offence is a service offence, that section similarly does not apply in relation to—

(a)any proceedings before a court where the arraignment took place before that date, or

(b)any summary proceedings which began before that date,

or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b).

(4)For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins.

(5)In this paragraph—

  • service offence” means—

    (a)

    any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53); or

    (b)

    any offence under Part 1 of the Armed Forces Act 2006 (c. 52);

  • summary proceedings” means summary proceedings conducted by a commanding officer or appropriate superior authority.

Annotations: Help about Annotation
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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.

Commencement Information

Prospective

Unlawfully obtaining etc. personal data: defencesE+W+S+N.I.

28The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.

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