Search Legislation

Advanced Search

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

Changes to legislation:

There are currently no known outstanding effects for the The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006, SCHEDULE 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Article 2

SCHEDULE 1E+W+N.I.Descriptions of cases to which Part IV of the Criminal Justice Act 1988 is to apply

This schedule has no associated Explanatory Memorandum

1.  Any case tried on indictment— E+W+N.I.

(a)following a notice of transfer given under section 4 of the Criminal Justice Act 1987 M1 (notices of transfer and designated authorities) by an authority designated for that purpose under subsection (2) of that section; or 

(b)in which one or more of the counts in respect of which sentence is passed relates to a charge which was dismissed under section 6(1) of the Criminal Justice Act 1987 (applications for dismissal) and on which further proceedings were brought by means of preferment of a voluntary bill of indictment.

Marginal Citations

M11987 c. 38; section 4 is prospectively repealed by the Criminal Justice Act 2003 (c. 44), sections 41, 332, Schedule 3, Part II paragraph 58(1) and (2), Schedule 37, Part IV.

[F11A.  Any case tried on indictment—E+W+N.I.

(a)following a notice given under section 51B of the Crime and Disorder Act 1998 (notices in serious or complex fraud cases); or

(b)following such a notice, in which one or more of the counts in respect of which sentence is passed relates to a charge—

(i)which was dismissed under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and

(ii)on which further proceedings were brought by means of the preferment of a voluntary bill of indictment.]

Textual Amendments

2.  Any case in which sentence is passed on a person for one of the following offences:E+W+N.I.

(a)an offence under section 16 of the Offences against the Person Act 1861 M2 (threats to kill);

(b)an offence under section 5(1) of the Criminal Law Amendment Act 1885 M3 (defilement of a girl between 14 and 17);

(c)an offence under section 1 of the Children and Young Persons Act 1933 M4 (cruelty to persons under 16) or section 20 of the Children and Young Persons Act (Northern Ireland) 1968 M5(cruelty to persons under 16);

(d)an offence under section 6 of the Sexual Offences Act 1956 M6 (unlawful sexual intercourse with a girl under 16), section 14 or 15 of that Act (indecent assault on a woman or on a man), section 52 of the Offences against the Person Act 1861 (indecent assault upon a female), or Article 21 of the Criminal Justice (Northern Ireland) Order 2003 M7 (indecent assault on a male);

(e)an offence under section 1 of the Indecency with Children Act 1960 M8 or section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (indecent conduct with a child);

(f)an offence under section 4(2) or (3) (production or supply of a controlled drug), section 5(3) (possession of a controlled drug with intent to supply) or section 6(2) (cultivation of cannabis plant) of the Misuse of Drugs Act 1971 M9;

(g)an offence under section 54 of the Criminal Law Act 1977 M10 or Article 9 of the Criminal Justice (Northern Ireland) Order 1980 M11 (inciting a girl under 16 to have incestuous sexual intercourse);

[F2(ga)an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);]

(h)an offence under section 50(2) or (3), section 68(2) or section 170(1) or (2) of the Customs and Excise Management Act 1979 M12, insofar as those offences are in connection with a prohibition or restriction on importation or exportation of either:

(i)a controlled drug within the meaning of section 2 of the Misuse of Drugs Act 1971, such prohibition or restriction having effect by virtue of section 3 of that Act; or

(ii)an article prohibited by virtue of section 42 of the Customs Consolidation Act 1876 M13 but only insofar as it relates to or depicts a person under the age of 16;

[F3(ha)an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child);

(hb)an offence under section 4 (putting people in fear of violence) or section 4A (stalking involving fear of violence or serious alarm or distress) of the Protection from Harassment Act 1997;]

(i)offences under sections 29 [F4, 30, 31(a), 31(b) and] 32 of the Crime and Disorder Act 1998 M14 (racially or religiously aggravated assaults; racially or religiously aggravated criminal damage; racially or religiously aggravated public order offences; racially or religiously aggravated harassment etc)[F5;

(j)an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation)][F6;

(k)an offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).]

[F7(ka)an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship)]

[F8(l)an offence under section 1 (slavery, servitude and forced or compulsory labour), 2 (human trafficking) or 4 (committing an offence with intent to commit a human trafficking offence) of the Modern Slavery Act 2015.]

Textual Amendments

Marginal Citations

3.  To the extent that Part IV of the Criminal Justice Act 1988 does not apply by virtue of section 35(3)(b)(i), any case in which sentence is passed on a person for an offence under one of the following sections of the Sexual Offences Act 2003 M15:E+W+N.I.

(a)section 3 (sexual assault);

(b)section 4 (causing a person to engage in sexual activity without consent);

(c)section 7 (sexual assault of a child under 13);

(d)section 8 (causing or inciting a child under 13 to engage in sexual activity);

(e)section 9 (sexual activity with a child);

(f)section 10 (causing or inciting a child to engage in sexual activity);

(g)section 11 (engaging in sexual activity in the presence of a child);

(h)section 12 (causing a child to watch a sexual act);

(i)section 14 (arranging or facilitating commission of a child sex offence);

(j)section 15 (meeting a child following sexual grooming etc);

[F9(ja)section 16 (abuse of position of trust: sexual activity with a child);

(jb)section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(jc)section 18 (abuse of position of trust: sexual activity in the presence of a child);

(jd)section 19 (abuse of position of trust: causing a child to watch a sexual act);]

(k)section 25 (sexual activity with a child family member);

[F10(ka)section 26 (inciting a child family member to engage in sexual activity);

(kb)section 30 (sexual activity with a person with a mental disorder impeding choice);

(kc)section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity);

(kd)section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(ke)section 33 (causing a person, with a mental disorder impeding choice, to watch a sexual act);]

(l)section 47 (paying for sexual services of a child);

(m)section 48 (causing or inciting [F11sexual exploitation of a child]);

(n)section 49 (controlling a child [F12in relation to sexual exploitation]);

(o)section 50 (arranging or facilitating [F13sexual exploitation of a child]);

(p)section 52 (causing or inciting prostitution for gain);

(q)section 57 (trafficking into the UK for sexual exploitation);

(r)section 58 (trafficking within the UK for sexual exploitation);

(s)section 59 (trafficking out of the UK for sexual exploitation);

[F14(sa)section 59A (trafficking people for sexual exploitation);]

(t)section 61 (administering a substance with intent).

Textual Amendments

Marginal Citations

[F153A.—(1) Any case in which sentence is passed on a person for an offence under one of the following—E+W+N.I.

(a)section 11 or 12 of the Terrorism Act 2000 (“the 2000 Act”) (offences relating to proscribed organisations);

(b)sections 15 to 18 of the 2000 Act (offences relating to terrorist property);

[F16(ba)sections 19 (disclosure of information: duty), 21A (failure to disclose: regulated sector) or 21D (tipping off: regulated sector) of the 2000 Act;]

(c)section 38B of the 2000 Act (failure to disclose information about acts of terrorism);

[F17(ca)section 39 of the 2000 Act (disclosure of information);]

(d)section 54 of the 2000 Act (weapons training);

(e)sections 57 to 58A of the 2000 Act (possessing things, collecting information and eliciting, publishing or communicating information about members of the armed forces etc for the purposes of terrorism);

(f)section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substances or things to cause harm or intimidate);

(g)section 1 or 2 of the Terrorism Act 2006 (encouragement of terrorism);

(h)section 6 or 8 of the Terrorism Act 2006 (training for terrorism).

[F18(i)section 54 of the Counter-Terrorism Act 2008 (offences relating to notification);

(j)section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (offence of contravening a TPIM notice);

(k)section 10 of the Counter-Terrorism and Security Act 2015 (offences of contravening a Temporary Exclusion Order or not complying with a restriction after return).]

(2) Any case in which sentence is passed on a person for one of the following—

(a)an offence under section 20 of the Offences Against the Person Act 1861 (inflicting bodily harm);

(b)an offence under the following provisions of the Criminal Damage Act 1971

(i)section 1(1) (destroying or damaging property);

(ii)section 1(1) and (3) (arson);

(iii)section 2 (threats to destroy or damage property);

(c)an offence under sections 1 to 5 of the Forgery and Counterfeiting Act 1981;

where there is jurisdiction in England and Wales by virtue of any of sections 63B to 63D of the 2000 Act (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc).]

[F19(3) Any case in which sentence is passed on a person for an offence under one of the following—

(a)section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles);

(b)section 114 of the Anti-Terrorism, Crime and Security Act 2001 (hoaxes involving noxious substances or things)

where the court has determined that the offence has a terrorist connection under [F20 section 69 of the Sentencing Code] (sentences for offences with a terrorist connection: England and Wales).]

Textual Amendments

[F214.—(1) Any case in which sentence is passed on a person for—E+W+N.I.

(a)attempting to commit a relevant offence;

(b)inciting the commission of a relevant offence; or

(c)an offence under section 44 or 45 of the Serious Crime Act 2007 (encouraging or assisting an offence) in relation to a relevant offence.

(2) In this paragraph, “a relevant offence” means an offence set out in paragraph 2(a) to [F22(hb)] [F23, [F24(j), (k), (ka) or (l)]] or [F25paragraphs 3 or 3A].]

Textual Amendments

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

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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 enacted version 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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