The Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008

• Citation: S.I. 2008/1586
• Sections: 66

Section 1 Citation and interpretation

(1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008.

(2) In this Order—

“the 1968 Act” means the Criminal Appeal Act 1968 ;

“the 1980 Act” means the Criminal Appeal (Northern Ireland) Act 1980 ;

“the 2003 Act” means the Criminal Justice Act 2003 ;

“the 2008 Act” means the Criminal Justice and Immigration Act 2008.

Section 2 Appointed dates

(1) The date appointed for the coming into force of the provisions of the 2008 Act specified in Schedule 1, is 14 July 2008.

(2) The date appointed for the coming into force of paragraph 63 of Schedule 26 to, and section 148(1) of the 2008 Act so far as it relates to that paragraph, is 15 July 2008.

(3) Paragraph (1) is subject to Schedule 2 (Transitional and Saving Provisions).

Section 1

Section 10 (Effect of restriction on imposing community sentences).

Section 2

Section 11(1) (Restriction on power to make a community order).

Section 3

Section 12 (Pre-sentence reports).

Section 4

Section 13 (Sentences of imprisonment for public protection) and Schedule 5 (Offences specified for the purposes of sections 225(3A) and 227(2A) of the Criminal Justice Act 2003).

Section 5

Section 14 (Sentences of detention for public protection).

Section 6

Section 15 (Extended sentences for certain violent or sexual offences: persons 18 or over).

Section 7

Section 16 (Extended sentences for certain violent or sexual offences: persons under 18).

Section 8

Section 17 (The assessment of dangerousness).

Section 9

Section 18 (Further amendments relating to sentences for public protection).

Section 10

Section 20 (Consecutive terms of imprisonment).

Section 11

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

Section 12

Section 25 (Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences).

Section 13

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

Section 14

Section 28 (Release of fine defaulters and contemnors under Criminal Justice Act 1991).

Section 15

Section 29 (Release of prisoners after recall) save insofar as subsection (2) inserts subsections (9) and (10) of section 255A of the 2003 Act.

Section 16

Section 30 (Further review and release of prisoners after recall).

Section 17

Section 31 (Recall of life prisoners: abolition of requirement for recommendation by Parole Board).

Section 18

Section 32 (Release of prisoners recalled following release under Criminal Justice Act 1991).

Section 19

Section 38 (Imposition of unpaid work requirement for breach of community order).

Section 20

Section 40 (Power to impose attendance centre requirement on fine defaulter).

Section 21

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

Section 22

Section 43 (Power to dismiss certain appeals following references by the CCRC: Northern Ireland).

Section 23

Section 44 (Determination of prosecution appeals: England and Wales).

Section 24

Section 45 (Determination of prosecution appeals: Northern Ireland).

Section 25

Section 46(1) and (3) (Review of sentence on reference by Attorney General).

Section 26

Section 47 (Further amendments relating to appeals in criminal cases) and Schedule 8 (Appeals in criminal cases).

Section 27

Section 52 (Bail for summary offences and certain other offences to be tried summarily) and Schedule 12 (Bail for summary offences and certain other offences to be tried summarily).

Section 28

Section 54 (Trial or sentencing in absence of accused in magistrates’ courts).

Section 29

Section 55 (Extension of powers of non-legal staff).

Section 30

Section 56 (Provisional grant of right to representation).

Section 31

Section 57 (Disclosure of information to enable assessment of financial eligibility).

Section 32

Section 58 (Pilot schemes).

Section 33

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

Section 34

Section 72 (Offences committed outside the United Kingdom).

Section 35

Section 73 (Grooming and adoption) and Schedule 15 (Sexual offences: grooming and adoption) to the extent not already in force.

Section 36

Section 76 (Reasonable force for purposes of self-defence etc.).

Section 37

Section 93 (Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom).

Section 38

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

Section 39

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

Section 40

Section 96 (Amendments relating to Scotland).

Section 41

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

Section 42

Section 126(1) (Police misconduct and performance procedures) insofar as it relates to the provision specified in paragraph 47 .

Section 43

Section 140 (Disclosure of information about convictions etc. of child sex offenders to members of the public) and Schedule 24 (Section 327A of the Criminal Justice Act 2003: meaning of “child sex offence”).

Section 44

Section 141 (Sexual offences prevention orders: relevant sexual offences).

Section 45

Section 142 (Notification requirements: prescribed information).

Section 46

Sections 148(1) and (2) and 149 insofar as they relate to the provisions specified in paragraphs 48 , 49 and 50 respectively.

Section 47

In Schedule 22 (Police misconduct and performance procedures), paragraph 6 (Police Advisory Board).

Section 48

In Schedule 26 (Minor and consequential amendments)—

(a) paragraphs 2(1), (2), (4), (5) and (6), 59, 64, 65, 66, 67, 68, 69, 71, 72, 73, 74, 75 and 76 (2003 Act),

(b) paragraph 3 (Prison Act 1952 (c.52) ),

(c) paragraph 4 (Criminal Justice Act 1961 (c.39) ),

(d) paragraph 6 (Criminal Appeal (Northern Ireland) Act 1980 (c.47) ),

(e) paragraph 7 (Wildlife and Countryside Act 1981 (c.69) ),

(f) paragraph 8 (Mental Health Act 1983 (c.20) ),

(g) paragraphs 10 to 19 (Repatriation of Prisoners Act 1984) to the extent not already in force,

(h) paragraph 21 (Criminal Justice Act 1987 (c.38) ),

(i) paragraphs 22 and 23 (Criminal Justice Act 1988 (c.33) ),

(j) paragraph 26 (Football Spectators Act 1989 (c.37) ),

(k) paragraph 27 (Criminal Justice (International Co-operation) Act 1990 (c.5) ),

(l) paragraph 28 (Broadcasting Act 1990 (c.42) ),

(m) paragraph 30 (Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) ),

(n) paragraph 32 and, to the extent not already in force, paragraph 33 (Crime (Sentences) Act 1997 (c.43) ),

(o) paragraphs 41, 44, 45(b), 46, 47 and 48 (Powers of Criminal Courts (Sentencing) Act 2000 (c.6) ),

(p) paragraph 51 (Life Sentences (Northern Ireland) Order 2001( S.I. 2001/2564(N.I.2) )),

(q) paragraph 52 (Crime (International Co-operation) Act 2000 (c.32) ),

(r) paragraphs 53, 56(1), (2)(a) and (4) and 57 (Sexual Offences Act 2003 (c.42) ),

(s) paragraph 78 (Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 ( S.I. 2005/950 )),

(t) paragraph 80 (Natural Environment and Rural Communities Act 2006 (c.16) ),

(u) paragraph 81 (Police and Justice Act 2006 (c.48) ).