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Criminal Justice and Immigration Act 2008

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Changes and effects

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Commencement Orders yet to be applied to the Criminal Justice and Immigration Act 2008

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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 legislation that affects this Act into force:

Prospective

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

51The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the following amendments.E+W

52In section 19(4)(a) (making of referral orders: effect on court's other sentencing powers), for “community sentence” substitute “ sentence which consists of or includes a youth rehabilitation order ”.E+W

53In section 73 (reparation orders)—E+W

(a)for subsection (4)(b) substitute—

(b)to make in respect of him a youth rehabilitation order or a referral order.

(b)after subsection (4) insert—

(4A)The court shall not make a reparation order in respect of the offender at a time when a youth rehabilitation order is in force in respect of him unless when it makes the reparation order it revokes the youth rehabilitation order.

(4B)Where a youth rehabilitation order is revoked under subsection (4A), paragraph 24 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach, revocation or amendment of youth rehabilitation order) applies to the revocation.

54In section 74(3)(a) (requirements and provisions of reparation order, and obligations of person subject to it), omit “or with the requirements of any community order or any youth community order to which he may be subject”.E+W

55In section 75 (breach, revocation and amendment of reparation orders) omit “action plan orders and” and “so far as relating to reparation orders”.E+W

56In section 91(3) (offenders under 18 convicted of certain serious offences: power to detain for specified period), for “a community sentence” substitute “ a youth rehabilitation order ”.E+W

57In section 137(2) (power to order parent or guardian to pay fine, costs, compensation or surcharge)—E+W

(a)after “under—” insert—

(za)paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of youth rehabilitation order),, and

(b)omit paragraphs (a) to (c), and

(c)in paragraph (d) omit “action plan order or”.

58In section 150(2) (binding over of parent or guardian), for “a community sentence on the offender” substitute “ on the offender a sentence which consists of or includes a youth rehabilitation order ”.E+W

59In section 159 (execution of process between England and Wales and Scotland)—E+W

(a)after “Schedule 1 to this Act,” insert “ or ”,

(b)omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,

(c)omit “paragraph 1(1) of Schedule 5 to this Act”, and

(d)omit “paragraph 7(2) of Schedule 7 to this Act, or”.

60(1)Section 160 (rules and orders) is amended as follows.E+W

(2)Omit subsection (2).

(3)In subsection (3)(a)—

(a)omit “40(2)(a),” and

(b)for “103(2) or paragraph 1(1A) of Schedule 3,” substitute “ or 103(2) ”.

(4)Omit subsection (5).

61In section 163 (general definitions)—E+W

(a)omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,

(b)in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and

(c)at the end add—

youth rehabilitation order” has the meaning given by section 1(1) of the Criminal Justice and Immigration Act 2008.

62(1)Schedule 8 (breach, revocation and amendment of action plan orders and reparation orders) is amended as follows.E+W

(2)In the heading to the Schedule omit “action plan orders and”.

(3)In the cross-heading before paragraph 2, omit “action plan order or”.

(4)In paragraph 2—

(a)in sub-paragraph (1), for “an action plan order or” substitute “ a ”,

(b)in sub-paragraph (2)—

(i)in paragraph (a), omit sub-paragraphs (ii) and (iii), and

(ii)in each of paragraphs (b) and (c), omit “action plan order or”,

(c)in each of sub-paragraphs (5) and (7), omit “action plan order or”, and

(d)in sub-paragraph (8), omit “or action plan order” in both places where it occurs.

(5)Omit paragraphs 3 and 4.

(6)In the cross-heading before paragraph 5, omit “action plan order or”.

(7)In paragraph 5—

(a)in sub-paragraph (1), for “an action plan order or” substitute “ a ” and, in paragraph (a), omit “action plan order or”, and

(b)in sub-paragraph (3), for “an action plan order or” substitute “ a ”.

(8)In paragraph 6(9), in each of paragraphs (a), (b) and (c), omit “action plan order or”.

(9)In paragraph 7(b), for “an action plan order or” substitute “ a ”.

63In Schedule 10 (transitory modifications), omit paragraphs 4 to 6 and 12 to 15.E+W

64In Schedule 11 (transitional provisions)—E+W

(a)in paragraph 4, omit—

(i)paragraph (a) of sub-paragraph (1),

(ii)sub-paragraph (2), and

(iii)sub-paragraph (3), and

(b)omit paragraph 5.

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