Search Legislation

The Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 26 and related provisions of the Criminal Justice and Immigration Act 2008 on 9th June 2008, subject to the transitional provisions in articles 3 and 4. Section 26 imposes a duty on the Secretary of State to release certain long-term prisoners (prisoners serving sentences of imprisonment of at least four years) subject to the release arrangements in the Criminal Justice Act 1991 (‘the 1991 Act’) at the half-way point of their sentence on licence until sentence expiry.

The transitional provision in article 3 provides that the duty to release prisoners at the half-way point does not apply to prisoners who were serving their sentence at the time the 1991 Act was commenced and whose release arrangements are governed by paragraph 8 of Schedule 12 to the 1991 Act. Article 3 also provides that the duty to release does not apply to long-term prisoners who have committed certain offences under the Terrorism Act 2000, the Anti-terrorism, Crime and Security Act 2001 and the Sexual Offences Act 1956. Article 4 concerns the requirement in paragraph 19(4) of Schedule 26 to calculate the section 26 release date for a repatriated prisoner from the date on which the provisions of the warrant specified in paragraph 1 of the Schedule to the Repatriation of Prisoners Act 1984 take effect. By virtue of the transitional provision in article 4, that requirement will not apply to repatriated prisoners whose warrants were issued prior to 9th June 2008.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources