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Criminal Justice and Immigration Act 2008

2008 CHAPTER 4

CONTENTS

Go to Preamble

  1. Part 1

    Youth rehabilitation orders

    1. Youth rehabilitation orders

      1. 1. Youth rehabilitation orders

      2. 2. Breach, revocation or amendment of youth rehabilitation orders

      3. 3. Transfer of youth rehabilitation orders to Northern Ireland

      4. 4. Meaning of “the responsible officer”

      5. 5. Responsible officer and offender: duties in relation to the other

    2. Supplementary

      1. 6. Abolition of certain youth orders and related amendments

      2. 7. Youth rehabilitation orders: interpretation

      3. 8. Isles of Scilly

  2. Part 2

    Sentencing

    1. General sentencing provisions

      1. 9. Purposes etc. of sentencing: offenders under 18

      2. 10. Effect of restriction on imposing community sentences

      3. 11. Restriction on power to make a community order

      4. 12. Pre-sentence reports

    2. Custodial sentences

      1. 13. Sentences of imprisonment for public protection

      2. 14. Sentences of detention for public protection

      3. 15. Extended sentences for certain violent or sexual offences: persons 18 or over

      4. 16. Extended sentences for certain violent or sexual offences: persons under 18

      5. 17. The assessment of dangerousness

      6. 18. Further amendments relating to sentences for public protection

      7. 19. Indeterminate sentences: determination of tariffs

      8. 20. Consecutive terms of imprisonment

    3. Release and recall of prisoners

      1. 21. Credit for period of remand on bail: terms of imprisonment and detention

      2. 22. Credit for period of remand on bail: other cases

      3. 23. Credit for period of remand on bail: transitional provisions

      4. 24. Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003

      5. 25. Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences

      6. 26. Release of certain long-term prisoners under Criminal Justice Act 1991

      7. 27. Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK

      8. 28. Release of fine defaulters and contemnors under Criminal Justice Act 1991

      9. 29. Release of prisoners after recall

      10. 30. Further review and release of prisoners after recall

      11. 31. Recall of life prisoners: abolition of requirement for recommendation by Parole Board

      12. 32. Release of prisoners recalled following release under Criminal Justice Act 1991

    4. Early removal of prisoners from the United Kingdom

      1. 33. Removal under Criminal Justice Act 1991

      2. 34. Removal under Criminal Justice Act 2003

    5. Referral orders

      1. 35. Referral conditions

      2. 36. Power to revoke a referral order

      3. 37. Extension of period for which young offender contract has effect

    6. Enforcement of sentences

      1. 38. Imposition of unpaid work requirement for breach of community order

      2. 39. Youth default orders

      3. 40. Power to impose attendance centre requirement on fine defaulter

      4. 41. Disclosure of information for enforcing fines

  3. Part 3

    Appeals

    1. Appeals by defendant

      1. 42. Power to dismiss certain appeals following references by the CCRC: England and Wales

      2. 43. Power to dismiss certain appeals following references by the CCRC: Northern Ireland

    2. Appeals by prosecution

      1. 44. Determination of prosecution appeals: England and Wales

      2. 45. Determination of prosecution appeals: Northern Ireland

    3. Miscellaneous

      1. 46. Review of sentence on reference by Attorney General

      2. 47. Further amendments relating to appeals in criminal cases

  4. Part 4

    Other criminal justice provisions

    1. Alternatives to prosecution

      1. 48. Alternatives to prosecution for offenders under 18

      2. 49. Protection for spent cautions under Rehabilitation of Offenders Act 1974

      3. 50. Criminal conviction certificates and criminal record certificates

    2. Bail

      1. 51. Bail conditions: electronic monitoring

      2. 52. Bail for summary offences and certain other offences to be tried summarily

    3. Proceedings in magistrates' courts

      1. 53. Allocation of offences triable either way etc.

      2. 54. Trial or sentencing in absence of accused in magistrates' courts

      3. 55. Extension of powers of non-legal staff

    4. Criminal legal aid

      1. 56. Provisional grant of right to representation

      2. 57. Disclosure of information to enable assessment of financial eligibility

      3. 58. Pilot schemes

    5. Miscellaneous

      1. 59. SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc.

      2. 60. Contents of an accused’s defence statement

      3. 61. Compensation for miscarriages of justice

      4. 62. Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

  5. Part 5

    Criminal law

    1. Pornography etc.

      1. 63. Possession of extreme pornographic images

      2. 64. Exclusion of classified films etc.

      3. 65. Defences: general

      4. 66. Defence: participation in consensual acts

      5. 67. Penalties etc. for possession of extreme pornographic images

      6. 68. Special rules relating to providers of information society services

      7. 69. Indecent photographs of children: England and Wales

      8. 70. Indecent photographs of children: Northern Ireland

      9. 71. Maximum penalty for publication etc. of obscene articles

    2. Sexual offences

      1. 72. Offences committed outside the United Kingdom

      2. 73. Grooming and adoption

    3. Hatred on the grounds of sexual orientation

      1. 74. Hatred on the grounds of sexual orientation

    4. Offences relating to nuclear material and nuclear facilities

      1. 75. Offences relating to the physical protection of nuclear material and nuclear facilities

    5. Self-defence etc.

      1. 76. Reasonable force for purposes of self-defence etc.

    6. Unlawfully obtaining etc. personal data

      1. 77. Power to alter penalty for unlawfully obtaining etc. personal data

      2. 78. New defence for purposes of journalism and other special purposes

    7. Blasphemy

      1. 79. Abolition of common law offences of blasphemy and blasphemous libel

  6. Part 6

    International co-operation in relation to criminal justice matters

    1. Recognition of financial penalties: requests to other member States

      1. 80. Requests to other member States: England and Wales

      2. 81. Procedure on issue of certificate: England and Wales

      3. 82. Requests to other member States: Northern Ireland

      4. 83. Procedure on issue of certificate: Northern Ireland

    2. Recognition of financial penalties: requests from other member States

      1. 84. Requests from other member States: England and Wales

      2. 85. Procedure on receipt of certificate by designated officer

      3. 86. Modification of Magistrates' Courts Act 1980

      4. 87. Requests from other member States: Northern Ireland

      5. 88. Procedure on receipt of certificate by clerk of petty sessions

      6. 89. Modification of Magistrates' Courts (Northern Ireland) Order 1981

      7. 90. Transfer of certificates to central authority for Scotland

    3. Recognition of financial penalties: miscellaneous

      1. 91. Recognition of financial penalties: general

      2. 92. Interpretation of sections 80 to 91 etc.

    4. Repatriation of prisoners

      1. 93. Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom

      2. 94. Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister

      3. 95. Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984

      4. 96. Amendments relating to Scotland

    5. Mutual legal assistance in revenue matters

      1. 97. Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation

  7. Part 7

    Violent offender orders

    1. Violent offender orders

      1. 98. Violent offender orders

      2. 99. Qualifying offenders

      3. 100. Applications for violent offender orders

      4. 101. Making of violent offender orders

      5. 102. Provisions that orders may contain

      6. 103. Variation, renewal or discharge of violent offender orders

      7. 104. Interim violent offender orders

      8. 105. Notice of applications

      9. 106. Appeals

    2. Notification requirements

      1. 107. Offenders subject to notification requirements

      2. 108. Notification requirements: initial notification

      3. 109. Notification requirements: changes

      4. 110. Notification requirements: periodic notification

      5. 111. Notification requirements: travel outside United Kingdom

      6. 112. Method of notification and related matters

    3. Supplementary

      1. 113. Offences

      2. 114. Supply of information to Secretary of State etc.

      3. 115. Supply of information by Secretary of State etc.

      4. 116. Information about release or transfer

      5. 117. Interpretation of Part 7

  8. Part 8

    Anti-social behaviour

    1. Premises closure orders

      1. 118. Closure orders: premises associated with persistent disorder or nuisance

    2. Nuisance or disturbance on hospital premises

      1. 119. Offence of causing nuisance or disturbance on NHS premises

      2. 120. Power to remove person causing nuisance or disturbance

      3. 121. Guidance about the power to remove etc.

      4. 122. Nuisance or disturbance on HSS premises

    3. Anti-social behaviour orders etc. in respect of children and young persons

      1. 123. Review of anti-social behaviour orders etc.

      2. 124. Individual support orders

    4. Parenting contracts and parenting orders

      1. 125. Parenting contracts and parenting orders: local authorities

  9. Part 9

    Policing

    1. Misconduct procedures etc.

      1. 126. Police misconduct and performance procedures

      2. 127. Investigation of complaints of police misconduct etc.

    2. Financial assistance

      1. 128. Financial assistance under section 57 of Police Act 1996

    3. Inspection

      1. 129. Inspection of police authorities

  10. Part 10

    Special immigration status

    1. 130. Designation

    2. 131. “Foreign criminal”

    3. 132. Effect of designation

    4. 133. Conditions

    5. 134. Support

    6. 135. Support: supplemental

    7. 136. End of designation

    8. 137. Interpretation: general

  11. Part 11

    Miscellaneous

    1. Industrial action by prison officers

      1. 138. Amendment of section 127 of Criminal Justice and Public Order Act 1994

      2. 139. Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994

    2. Sex offenders

      1. 140. Disclosure of information about convictions etc. of child sex offenders to members of the public

      2. 141. Sexual offences prevention orders: relevant sexual offences

      3. 142. Notification requirements: prescribed information

    3. Persistent sales of tobacco to persons under 18

      1. 143. Persistent sales of tobacco to persons under 18

    4. Penalties for serious contraventions of data protection principles

      1. 144. Power to require data controllers to pay monetary penalty

    5. Armed forces legislation

      1. 145. Amendments to armed forces legislation

    6. Automatic deportation of criminals

      1. 146. Convention against human trafficking

  12. Part 12

    General

    1. 147. Orders, rules and regulations

    2. 148. Consequential etc. amendments and transitional and saving provision

    3. 149. Repeals and revocations

    4. 150. Financial provisions

    5. 151. Effect of amendments to criminal justice provisions applied for purposes of service law

    6. 152. Extent

    7. 153. Commencement

    8. 154. Short title

    1. Schedule 1

      Further provisions about youth rehabilitation orders

      1. Part 1

        Provisions to be included in youth rehabilitation orders

      2. Part 2

        Requirements

      3. Part 3

        Provisions applying where court proposes to make youth rehabilitation order

      4. Part 4

        Provisions applying where court makes youth rehabilitation order etc.

    2. Schedule 2

      Breach, revocation or amendment of youth rehabilitation orders

      1. Part 1

        Preliminary

      2. Part 2

        Breach of requirement of order

      3. Part 3

        Revocation of order

      4. Part 4

        Amendment of order

      5. Part 5

        Powers of court in relation to order following subsequent conviction

      6. Part 6

        Supplementary

    3. Schedule 3

      Transfer of youth rehabilitation orders to Northern Ireland

      1. Part 1

        Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

      2. Part 2

        Provisions relating to an order made or amended under Part 1

    4. Schedule 4

      Youth rehabilitation orders: consequential and related amendments

      1. Part 1

        Consequential amendments

      2. Part 2

        Related amendments

    5. Schedule 5

      Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003

    6. Schedule 6

      Credit for period of remand on bail: transitional provisions

    7. Schedule 7

      Youth default orders: modification of provisions applying to youth rehabilitation orders

    8. Schedule 8

      Appeals in criminal cases

      1. Part 1

        Amendments of Criminal Appeal Act 1968

      2. Part 2

        Amendments of Criminal Appeal (Northern Ireland) Act 1980

      3. Part 3

        Amendments of other Acts

    9. Schedule 9

      Alternatives to prosecution for persons under 18

    10. Schedule 10

      Protection for spent cautions under Rehabilitation of Offenders Act 1974

    11. Schedule 11

      Electronic monitoring of persons released on bail subject to conditions

    12. Schedule 12

      Bail for summary offences and certain other offences to be tried summarily

    13. Schedule 13

      Allocation of cases triable either way etc.

    14. Schedule 14

      Special rules relating to providers of information society services

    15. Schedule 15

      Sexual offences: grooming and adoption

    16. Schedule 16

      Hatred on the grounds of sexual orientation

    17. Schedule 17

      Offences relating to nuclear material and nuclear facilities

      1. Part 1

        Amendments of Nuclear Material (Offences) Act 1983

      2. Part 2

        Amendments of Customs and Excise Management Act 1979

    18. Schedule 18

      Penalties suitable for enforcement in England and Wales or Northern Ireland

    19. Schedule 19

      Grounds for refusal to enforce financial penalties

      1. Part 1

        The grounds for refusal

      2. Part 2

        European framework list (financial penalties)

      3. Part 3

        Interpretation

    20. Schedule 20

      Closure orders: premises associated with persistent disorder or nuisance

    21. Schedule 21

      Nuisance or disturbance on HSS premises

    22. Schedule 22

      Police misconduct and performance procedures

      1. Part 1

        Amendments of Police Act 1996

      2. Part 2

        Amendments of Ministry of Defence Police Act 1987

      3. Part 3

        Amendments of Railways and Transport Safety Act 2003

    23. Schedule 23

      Investigation of complaints of police misconduct etc.

    24. Schedule 24

      Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”

    25. Schedule 25

      Amendments to armed forces legislation

      1. Part 1

        Courts-Martial (Appeals) Act 1968

      2. Part 2

        Armed Forces Act 2006

      3. Part 3

        Transitional provisions

    26. Schedule 26

      Minor and consequential amendments

      1. Part 1

        Fine defaulters

      2. Part 2

        Other amendments

    27. Schedule 27

      Transitory, transitional and saving provisions

      1. Part 1

        Youth justice

      2. Part 2

        Sentencing

      3. Part 3

        Appeals

      4. Part 4

        Other criminal justice provisions

      5. Part 5

        Criminal law

      6. Part 6

        International co-operation in relation to criminal justice matters

      7. Part 7

        Violent offender orders

      8. Part 8

        Anti-social behaviour

      9. Part 9

        Police

      10. Part 10

        Special immigration status

      11. Part 11

        Miscellaneous

    28. Schedule 28

      Repeals and revocations

      1. Part 1

        Youth rehabilitation orders

      2. Part 2

        Sentencing

      3. Part 3

        Appeals

      4. Part 4

        Other criminal justice provisions

      5. Part 5

        Criminal law

      6. Part 6

        International co-operation in relation to criminal justice matters

      7. Part 7

        Anti-social behaviour

      8. Part 8

        Policing

An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.

[8th May 2008]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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