Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Paragraph 41 is up to date with all changes known to be in force on or before 01 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
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Changes and effects yet to be applied to Schedule 4 Paragraph 41:
- 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)
SCHEDULE 4Youth rehabilitation orders: consequential and related amendments
Part 1Consequential amendments
Criminal Justice Act 1991 (c. 53)
41
(1)
Paragraph 11 is amended as follows.
(2)
In sub-paragraph (2)—
(a)
for “a probation order” substitute “
,
an adult probation order
”
(b)
in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and
(c)
in paragraph (b), for “of that Act” substitute “
.
of the Criminal Justice Act 2003
”
(3)
“(2A)
Where a youth probation order is made or amended in any of the circumstances specified in paragraph 10 above then, subject to the following provisions of this paragraph—
(a)
the order shall be treated as if it were a youth rehabilitation order made in England and Wales, and
(b)
the provisions of Part 1 of the Criminal Justice and Immigration Act 2008 shall apply accordingly.”
(4)
In sub-paragraph (3)—
(a)
“(a)
the requirements of the legislation relating to community orders or, as the case may be, youth rehabilitation orders;”;
(b)
in paragraph (b), for “Schedule 8 to that Act” substitute “
.
that legislation
”
(5)
In sub-paragraph (4)—
(a)
after “a community order” insert “
,
or, as the case may be, a youth rehabilitation order
”
(b)
omit “under section 177 of the Criminal Justice Act 2003”, and
(c)
for “to that Act” substitute “
.
to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008
”
(6)
In sub-paragraph (5)—
(a)
after “2003” insert “
,
or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008
”
(b)
for “(2) above” substitute “
, and
(2) or (2A)
(as the case may be)
”
(c)
“of—
(i)
the offender, or
(ii)
the officer of a local probation board, officer of a provider of probation services or member of a youth offending team (as the case may be),”.
(7)
In sub-paragraph (8)—
(a)
““adult probation order” means a probation order made in respect of an offender who was aged at least 18 when convicted of the offence in respect of which the order is made;
“community order” means an order made under section 177 of the Criminal Justice Act 2003;”;
(b)
““youth probation order” means a probation order made in respect of an offender who was aged under 18 when convicted of the offence in respect of which the order is made;
“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.”