Legislation – Criminal Justice and Immigration Act 2008

Criminal Justice and Immigration Act 2008, Part 2 is up to date with all changes known to be in force on or before 04 April 2026. 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 to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 28 Part 2:

Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)

SCHEDULES

SCHEDULE 28Repeals and revocations

Part 2Sentencing

Title	Extent of repeal or revocation
Criminal Justice Act 1991 (c. 53)	In section 45— (a) in subsection (3), subsection (2) of the substituted text, and (b) subsection (4). Section 46(1). In section 46A— (a) in subsection (1), the words “Subject to subsection (2) below,”; (b) subsection (2); (c) subsection (8). In section 50(2), the words from “but nothing” to the end.
Crime (Sentences) Act 1997 (c. 43)	In section 31(1), “(1) or (2)”. In Schedule 5, in paragraph 7, the words “the corresponding subsection of”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	In section 17— (a) in subsection (1), paragraph (c) together with the word “and” immediately preceding it; (b) subsection (5). Section 92(3).
Criminal Justice Act 2003 (c. 44)	In section 142(2)(a), the words “at the time of conviction”. In section 153(1), the words “falling to be”. In section 224(3), the definition of “relevant offence”. In section 227(1)(a), the words “, other than a serious offence,”. In section 228— (a) in subsection (1)(b)(ii), the words from “or by section 226(3)” to the end, and (b) subsection (3)(a) and the word “and” immediately following it. In section 229— (a) in subsection (2) the words from the beginning to “18”, and (b) subsections (3) and (4). Sections 233 and 234. In section 247— (a) in subsection (2), the word “and” (at the end of paragraph (a)) and paragraph (b), and (b) subsections (3), (4), (5) and (6). Section 254(3) to (5). In section 256— (a) in subsection (2), the words “or (b)”; (b) subsections (3) and (5). In section 260— (a) subsections (3) and (3A); (b) in subsection (6), in paragraph (a), the words “or (3)(e)” and paragraph (b). In section 264A(3), the words from “and none” to the end. In section 300— (a) in subsection (1), paragraph (b) together with the word “or” immediately preceding it; (b) in subsection (2)— (a) the words from “or, as the case may be” to “young offender)”; (b) the word “or” at the end of paragraph (a). Section 305(4)(e). Schedules 16 and 17. In Schedule 31, in paragraph 4(5)(a), “, (5)”.
Referral Orders (Amendment of Referral Conditions) Regulations 2003 (S.I. 2003/1605)	Regulation 2(2) and (3).
Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950	Paragraph 30 of Schedule 2.
Armed Forces Act 2006 (c. 52)	In section 221— (a) in subsection (3)(a) and (b) the words “in section 226(2)”, and (b) subsection (4). In section 223(3), the words “to (4)”. In section 270— (a) subsection (7), and (b) in subsection (8), the word “Accordingly”. In Schedule 16, paragraphs 218 and 225.