The Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008

• Citation: S.I. 2008/1587
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008 and shall come into force on 14 th July 2008.

(2) In this Order—

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

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

Section 2 Modifications for sentencing of offenders aged at least 18 but under 21

(1) In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc ), the following provisions of Part 12 of the 2003 Act shall have effect subject to the modifications specified in paragraphs (2) to (4).

(2) Section 225 (life sentence or imprisonment for public protection for serious offences) has effect as if—

(a) in subsection (3) , after the words “public protection” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of detention in a young offender institution for public protection”;

(b) in subsection (3C) , after the words “public protection” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of detention in a young offender institution for public protection”.

(3) Section 227 (extended sentence for certain violent or sexual offences: persons 18 or over) has effect as if —

(a) in subsection (1)(c) , after the words “a sentence of imprisonment for life” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of custody for life”;

(b) in subsection (2B) , after the words “extended sentence of imprisonment” there were inserted “or, in the case of an offender aged at least 18 but under 21, an extended sentence of detention in a young offender institution”;

(c) in subsection (2C) —

(i) after the words “extended sentence of imprisonment” there were inserted “or, in the case of an offender aged at least 18 but under 21, an extended sentence of detention in a young offender institution”; and

(ii) after the words “a sentence of imprisonment” there were inserted “or detention in a young offender institution”.

(4) Section 305(4)(c) has effect as if, after the words “a sentence of imprisonment for life” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of custody for life”.

Section 3 Modifications in relation to the release and recall of offenders aged at least 18 but under 21

In relation to any sentence passed before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, section 255A(14) of the 2003 Act (further release after recall) has effect as if, after the words “section 91” there were inserted “or 96” and after the words “or under section” there were inserted “227 or”.

Section 4 Modification of references to Supreme Court

References to the Supreme Court in section 5 of the Administration of Justice Act 1960 are to be read as references to the House of Lords until the coming into force of paragraph 13(5) of Schedule 9 to the Constitutional Reform Act 2005 .

Section 5 Modification of references to Supreme Court

References to the Supreme Court in section 37 of the Criminal Appeal Act 1968 are to be read as references to the House of Lords until the coming into force of paragraph 16(6) of Schedule 9 to the Constitutional Reform Act 2005.

Section 6 Modification of references to Supreme Court

References to the Supreme Court in section 36 of the Criminal Appeal (Northern Ireland) Act 1980 are to be read as references to the House of Lords until the coming into force of paragraph 33(6) of Schedule 9 to the Constitutional Reform Act 2005.