Legislation – Criminal Justice and Immigration Act 2008

“(c)

default orders under section 300 of this Act, or

(d)

youth default orders under section 39 of the Criminal Justice and Immigration Act 2008.”

“Attendance centre requirement

3A

In its application to a default order, section 214(2)
(attendance centre requirement) is modified by the substitution for “not be less than 12 or more than 36” of“be—

(a)

not less than 12, and

(b)

in the case of an amount in default which is specified in the first column of the following Table, not more than the number of hours set out opposite that amount in the second column.

TABLE

Amount	Number of hours
An amount not exceeding £200	18 hours
An amount exceeding £200 but not exceeding £500	21 hours
An amount exceeding £500 but not exceeding £1,000	24 hours
An amount exceeding £1,000 but not exceeding £2,500	30 hours
An amount exceeding £2,500	36 hours”.

“(6)

Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).”.

“(9)

Where—

(a)

a warrant under section 4A has been issued, and

(b)

the relevant person is a person to whom subsection (3) of that section applies,

subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).

(10)

In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—

(a)

any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;

(b)

any reference to the prisoner were a reference to the relevant person;

(c)

in subsection (4)—

(i)

in paragraph (a) for “that person” there were substituted “
the authorised person
”; and

(ii)

paragraph (b) were omitted; and

(d)

in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “
transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers
”.”

“(1A)

Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—

(a)

revoke that warrant; or

(b)

revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.”

(i)

the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or

(ii)

the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;”.

“the relevant person” has the meaning given by section 4A(5)(b).”

“Part 2Warrants under section 4A transferring responsibility to the relevant minister

9

This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).

10

Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.

11

Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).

12

(1)

Any reference to the prisoner is to be read as a reference to the relevant person.

(2)

Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3)
(as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993).

13

In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person—

(a)

in whose case the warrant under section 4A transfers responsibility for his detention and release from a country or territory outside the British Islands to the Scottish Ministers; and

(b)

whose sentence or any of whose sentences in that country or territory were imposed on or after 1 October 1993.

14

The reference in paragraph 7 to the time of the prisoner’s transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.”

“(c)

prisoners detained in Scotland in pursuance of warrants which—

(i)

are issued by the Scottish Ministers under section 4A of the Repatriation of Prisoners Act 1984 (warrant transferring responsibility for detention and release); and

(ii)

relate to sentences that were imposed before 1 October 1993.”

“(aa)

the provision of assistance to persons determining whether reprimands or warnings should be given under section 65 below;”.

“(ba)

the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions;

(bb)

the supervision and rehabilitation of persons to whom such cautions are given;”.

“(3A)

In subsection (3)(a)(vi)
“relevant superseded enactment” means—

(a)

any of sections 1 to 32 of the Sexual Offences Act 1956;

(b)

the Indecency with Children Act 1960;

(c)

the Sexual Offences Act 1967;

(d)

section 54 of the Criminal Law Act 1977.”

“(1A)

In subsection (1)
“relevant superseded offence” means—

(a)

rape or burglary with intent to rape;

(b)

an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);

(c)

an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);

(d)

an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);

(e)

an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).”

“(3)

In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).”

“(4)

Orders or regulations made by the Secretary of State under this Act may—

(a)

make different provision for different purposes;

(b)

include supplementary, incidental, consequential, transitional, transitory or saving provisions.”

“35A

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a)

was 18 or over, and

(b)

is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

“92A

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images) if the offender—

(a)

was 18 or over, and

(b)

is sentenced in respect of the offence to imprisonment for a term of at least 2 years.”

“(b)

the person to whom the financial penalty is to be paid and how it may be paid.”

“(6A)

Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.”

“(8A)

Responsible authorities must have regard to any guidance issued under subsection (8) in discharging those functions.”

“(2)

An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)—

(a)

is directed at a nuclear facility or interferes with the operation of such a facility, and

(b)

causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.

(3)

An offence under any of the following provisions of that Act—

(a)

section 1B (offences relating to damage to environment);

(b)

section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction);

(c)

section 2 (offences involving preparatory acts and threats).

(4)

Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.”

“6A

(1)

Any of the following offences under the Customs and Excise Management Act 1979—

(a)

an offence under section 50(2) or (3)
(improper importation of goods) in connection with a prohibition or restriction relating to the importation of nuclear material;

(b)

an offence under section 68(2)
(exportation of prohibited or restricted goods) in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material;

(c)

an offence under section 170(1) or (2)
(fraudulent evasion of duty etc.) in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material.

(2)

In this paragraph “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”