- Latest available (Revised)
- Point in Time (16/11/2009)
- Original (As enacted)
No versions valid at: 16/11/2009
Point in time view as at 16/11/2009. This version of this cross heading contains provisions that are not valid for this point in time.
Criminal Justice and Immigration Act 2008, Cross Heading: Criminal Procedure (Scotland) Act 1995 (c. 46) is up to date with all changes known to be in force on or before 20 September 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 30/11/2009
43E+WThe Criminal Procedure (Scotland) Act 1995 has effect subject to the following amendments.
44(1)Section 234 (probation orders: persons residing in England and Wales) is amended as follows.E+W
(2)In subsection (2), at the end insert “ (in any case where the offender has attained the age of 18 years) or under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case) ”.
(3)In subsection (4)—
(a)in paragraph (a), for “and section 207(2) of the Criminal Justice Act 2003” substitute “ , section 207(2) of the Criminal Justice Act 2003 and paragraph 20(2) of Schedule 1 to the Criminal Justice and Immigration Act 2008 ”,
(b)in paragraph (a), for “or, as the case may be, community orders under Part 12 of that Act” substitute “ , community orders under Part 12 of the Criminal Justice Act 2003 or, as the case may be, youth rehabilitation orders under Part 1 of the Criminal Justice and Immigration Act 2008 ”,
(c)in paragraph (a), for “and section 207 of the Criminal Justice Act 2003” substitute “ , section 207 of the Criminal Justice Act 2003 and paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008 ”,
(d)in paragraph (b), after “2003” insert “ or (as the case may be) paragraphs 20(4) and 21(1) to (3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 ”, and
(e)in paragraph (b), at the end insert “ or that paragraph ”.
(4)In subsection (4A) at the end insert “ (in any case where the offender has attained the age of 18 years) or in a youth rehabilitation order made under section 1 of the Criminal Justice and Immigration Act 2008 (in any other case) ”.
(5)In subsection (5) for the words from “subject to subsection (6)” to the end substitute “subject to subsections (6) and (6A) below—
(a)Schedule 8 to the Criminal Justice Act 2003 shall apply as if it were a community order made by a magistrates' court under section 177 of that Act and imposing the requirements specified under subsection (4A) above (in any case where the offender has attained the age of 18 years); and
(b)Schedule 2 to the Criminal Justice and Immigration Act 2008 shall apply as if it were a youth rehabilitation order made by a magistrates' court under section 1 of that Act and imposing the requirements specified under that subsection (in any other case).”
(6)After subsection (6) insert—
“(6A)In its application to a probation order made or amended under this section, Schedule 2 to the Criminal Justice and Immigration Act 2008 has effect subject to the following modifications—
(a)any reference to the responsible officer has effect as a reference to the person appointed or assigned under subsection (1)(a) above,
(b)in paragraph 6, sub-paragraph (2)(c) is omitted and, in sub-paragraph (16), the reference to the Crown Court has effect as a reference to a court in Scotland, and
(c)Parts 3 and 5 are omitted.”
45(1)Section 242 (community service orders: persons residing in England and Wales) is amended as follows.E+W
(2)In subsection (1)(a)—
(a)in sub-paragraph (ii), after “Part 12 of the Criminal Justice Act 2003)” insert “ , in any case where the offender has attained the age of 18 years, or an unpaid work requirement imposed by a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), in any other case ”, and
(b)in sub-paragraph (iii), after “section 177 of the Criminal Justice Act 2003” insert “ or, as the case may be, imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008 ”.
(3)In subsection (2)(b)—
(a)after “that court” insert “ , in any case where the offender has attained the age of 18 years, ” and
(b)after “2003” insert “ or it appears to that court, in any other case, that provision can be made for the offender to perform work under the order under the arrangements which exist in that area for persons to perform work under unpaid work requirements imposed by youth rehabilitation orders made under section 1 of the Criminal Justice and Immigration Act 2008 ”.
(4)In subsection (3)(b)—
(a)after “the board” insert “ or (as the case may be) require a provider of probation services to appoint an officer of the provider, ”,
(b)after “the order” insert “—
(a)”, and
(c)at the end insert “; or
(b)the functions conferred on responsible officers by Part 1 of the Criminal Justice and Immigration Act 2008 in respect of unpaid work requirements imposed by youth rehabilitation orders (within the meaning of that Part) as the case may be.”
46(1)Section 244 (community service orders: general provisions relating to persons residing in England and Wales or Northern Ireland) is amended as follows.E+W
(2)In subsection (3)(a)—
(a)after “2003)” insert “ or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and
(b)after “such community orders” insert “ or youth rehabilitation orders ”.
(3)In subsection (4)(a)—
(a)for “or, as the case may be, community orders” substitute “ , community orders ”, and
(b)after “2003)” insert “ or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”.
(4)In subsection (5)—
(a)for “or, as the case may be, a community order” substitute “ , a community order ”, and
(b)after “2003)” insert “ or, as the case may be, a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”.
(5)In subsection (6)—
(a)for “or, as the case may be, community orders” substitute “ , community orders ”,
(b)after “within the meaning of Part 12 of the Criminal Justice Act 2003)” insert “ or, as the case may be, youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and
(c)after “the responsible officer under Part 12 of the Criminal Justice Act 2003” insert “ or, as the case may be, under Part 1 of the Criminal Justice and Immigration Act 2008 ”.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: