Legislation – Criminal Justice and Immigration Act 2008

New Search

Introduction

Part 1
Youth rehabilitation orders

1 Youth rehabilitation orders

2 Breach, revocation or amendment of youth rehabilitation orders

3 Transfer of youth rehabilitation orders to Northern Ireland

4 Meaning of “the responsible officer”

5 Responsible officer and offender: duties in relation to the other

6 Abolition of certain youth orders and related amendments

7 Youth rehabilitation orders: interpretation

8 Isles of Scilly

Part 2
Sentencing

9 Purposes etc. of sentencing: offenders under 18

10 Effect of restriction on imposing community sentences

11 Restriction on power to make a community order

12 Pre-sentence reports

13 Sentences of imprisonment for public protection

14 Sentences of detention for public protection

15 Extended sentences for certain violent or sexual offences: persons 18 or over

16 Extended sentences for certain violent or sexual offences: persons under 18

17 The assessment of dangerousness

18 Further amendments relating to sentences for public protection

19 Indeterminate sentences: determination of tariffs

20 Consecutive terms of imprisonment

21 Credit for period of remand on bail: terms of imprisonment and detention

22 Credit for period of remand on bail: other cases

23 Credit for period of remand on bail: transitional provisions

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

25 Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences

26 Release of certain long-term prisoners under Criminal Justice Act 1991

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

28 Release of fine defaulters and contemnors under Criminal Justice Act 1991

29 Release of prisoners after recall

30 Further review and release of prisoners after recall

31 Recall of life prisoners: abolition of requirement for recommendation by Parole Board

32 Release of prisoners recalled following release under Criminal Justice Act 1991

33 Removal under Criminal Justice Act 1991

34 Removal under Criminal Justice Act 2003

35 Referral conditions

36 Power to revoke a referral order

37 Extension of period for which young offender contract has effect

38 Imposition of unpaid work requirement for breach of community order

39 Youth default orders

40 Power to impose attendance centre requirement on fine defaulter

41 Disclosure of information for enforcing fines

Part 3
Appeals

42 Power to dismiss certain appeals following references by the CCRC: England and Wales

43 Power to dismiss certain appeals following references by the CCRC: Northern Ireland

44 Determination of prosecution appeals: England and Wales

45 Determination of prosecution appeals: Northern Ireland

46 Review of sentence on reference by Attorney General

47 Further amendments relating to appeals in criminal cases

Part 4
Other criminal justice provisions

48 Alternatives to prosecution for offenders under 18

49 Protection for spent cautions under Rehabilitation of Offenders Act 1974

50 Criminal conviction certificates and criminal record certificates

51 Bail conditions: electronic monitoring

52 Bail for summary offences and certain other offences to be tried summarily

53 Allocation of offences triable either way

54 Trial or sentencing in absence of accused in magistrates’ courts

55 Extension of powers of non-legal staff

56 Provisional grant of right to representation

57 Disclosure of information to enable assessment of financial eligibility

58 Pilot schemes

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

60 Contents of an accused’s defence statement

61 Compensation for miscarriages of justice

62 Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

Part 5
Criminal law

63 Possession of extreme pornographic images

64 Exclusion of classified films etc.

65 Defences: general

66 Defence: participation in consensual acts

67 Penalties etc. for possession of extreme pornographic images

68 Special rules relating to providers of information society services

69 Indecent photographs of children: England and Wales

70 Indecent photographs of children: Northern Ireland

71 Maximum penalty for publication etc. of obscene articles

72 Offences committed outside the United Kingdom

73 Grooming and adoption

74 Hatred on the grounds of sexual orientation

75 Offences relating to the physical protection of nuclear material and nuclear facilities

76 Reasonable force for purposes of self-defence etc.

77 Power to alter penalty for unlawfully obtaining etc. personal data

78 New defence for purposes of journalism and other special purposes

79 Abolition of common law offences of blasphemy and blasphemous libel

Part 6
International co-operation in relation to criminal justice matters

80 Requests to other member States: England and Wales

81 Procedure on issue of certificate: England and Wales

82 Requests to other member States: Northern Ireland

83 Procedure on issue of certificate: Northern Ireland

84 Requests from other member States: England and Wales

85 Procedure on receipt of certificate by designated officer

86 Modification of Magistrates’ Courts Act 1980 etc

87 Requests from other member States: Northern Ireland

88 Procedure on receipt of certificate by clerk of petty sessions

89 Modification of Magistrates’ Courts (Northern Ireland) Order 1981 etc

90 Transfer of certificates to central authority for Scotland

90A Transfer of certificates by Department of Justice to Lord Chancellor and vice versa

91 Recognition of financial penalties: general

92 Interpretation of sections 80 to 91 etc.

93 Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom

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

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

96 Amendments relating to Scotland

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

Part 7
Violent offender orders

98 Violent offender orders

99 Qualifying offenders

100 Applications for violent offender orders

101 Making of violent offender orders

102 Provisions that orders may contain

103 Variation, renewal or discharge of violent offender orders

104 Interim violent offender orders

105 Notice of applications

106 Appeals

107 Offenders subject to notification requirements

108 Notification requirements: initial notification

109 Notification requirements: changes

110 Notification requirements: periodic notification

111 Notification requirements: travel outside United Kingdom

112 Method of notification and related matters

113 Offences

114 Supply of information to Secretary of State etc.

115 Supply of information by Secretary of State etc.

116 Information about release or transfer

117 Interpretation of Part 7

Part 8
Anti-social behaviour

118 Closure orders: premises associated with persistent disorder or nuisance

119 Offence of causing nuisance or disturbance on premises

120 Power to remove person causing nuisance or disturbance

121 Guidance about the power to remove etc.

122 Nuisance or disturbance on premises

123 Review of anti-social behaviour orders etc.

124 Individual support orders

125 Parenting contracts and parenting orders: local authorities

Part 9
Policing

126 Police misconduct and performance procedures

127 Investigation of complaints of police misconduct etc.

128 Financial assistance under section 57 of Police Act 1996

129 Inspection of police authorities

Part 10
Special immigration status

130 Designation

131 “Foreign criminal”

132 Effect of designation

133 Conditions

134 Support

135 Support: supplemental

136 End of designation

137 Interpretation: general

Part 11
Miscellaneous

138 Amendment of section 127 of Criminal Justice and Public Order Act 1994

139 Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994

140 Disclosure of information about convictions etc. of child sex offenders to members of the public

141 Sexual offences prevention orders: relevant sexual offences

142 Notification requirements: prescribed information

143 Persistent sales of tobacco to persons under 18

144 Power to require data controllers to pay monetary penalty

145 Amendments to armed forces legislation

146 Convention against human trafficking

Part 12
General

147 Orders, rules and regulations

148 Consequential etc. amendments and transitional and saving provision

149 Repeals and revocations

150 Financial provisions

151 Effect of amendments to criminal justice provisions applied for purposes of service law

152 Extent

153 Commencement

154 Short title

SCHEDULES

SCHEDULE 1 Further provisions about youth rehabilitation orders

SCHEDULE 2 Breach, revocation or amendment of youth rehabilitation orders

SCHEDULE 3 Transfer of youth rehabilitation orders to Northern Ireland

SCHEDULE 4 Youth rehabilitation orders: consequential and related amendments

SCHEDULE 5 Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003

SCHEDULE 6 Credit for period of remand on bail: transitional provisions

SCHEDULE 7 Youth default orders: modification of provisions applying to youth rehabilitation orders

SCHEDULE 8 Appeals in criminal cases

SCHEDULE 9 Alternatives to prosecution for persons under 18

SCHEDULE 10 Protection for spent cautions under Rehabilitation of Offenders Act 1974

SCHEDULE 11 Electronic monitoring of persons released on bail subject to conditions

SCHEDULE 12 Bail for summary offences and certain other offences to be tried summarily

SCHEDULE 13 Allocation of cases triable either way etc.

SCHEDULE 14 Special rules relating to providers of information society services

SCHEDULE 15 Sexual offences: grooming and adoption

SCHEDULE 16 Hatred on the grounds of sexual orientation

SCHEDULE 17 Offences relating to nuclear material and nuclear facilities

SCHEDULE 18 Penalties suitable for enforcement in England and Wales or Northern Ireland

SCHEDULE 19 Grounds for refusal to enforce financial penalties

SCHEDULE 20 Closure orders: premises associated with persistent disorder or nuisance

SCHEDULE 21 Nuisance or disturbance on HSS premises

SCHEDULE 22 Police misconduct and performance procedures

SCHEDULE 23 Investigation of complaints of police misconduct etc.

SCHEDULE 24 Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”

SCHEDULE 25 Amendments to armed forces legislation

SCHEDULE 26 Minor and consequential amendments

SCHEDULE 27 Transitory, transitional and saving provisions

SCHEDULE 28 Repeals and revocations

Changes to legislation:

Criminal Justice and Immigration Act 2008, SCHEDULE 7 is up to date with all changes known to be in force on or before 05 February 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. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

SCHEDULES

SCHEDULE 7Youth default orders: modification of provisions applying to youth rehabilitation orders

Section 39(6)

General

1

Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.

Unpaid work requirement

2

F1(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

F2In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) there were substituted—

“(a)

not less than 20, 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

40

An amount exceeding £200 but not exceeding £500

60

An amount exceeding £500

100”.

F3(3)

In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.

Attendance centre requirement

3

(1)

In its application to a youth default order, F4paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.

(2)

F5Sub-paragraph (3) has effect as if—

(a)

in paragraph (a), for the words following “conviction” there were substitutedF6… 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 £250

8

An amount exceeding £250 but not exceeding £500

14

An amount exceeding £500

24”,

(b)

in paragraph (b), for the words following “conviction” there were substitutedF7… 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 £250

8

An amount exceeding £250 but not exceeding £500

14

An amount exceeding £500

24”,

(c)

in paragraph (c), for “must not be more than 12” there were substitutedF8… 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 £250

8

An amount exceeding £250 but not exceeding £500

10

An amount exceeding £500

12”.

Curfew requirement

4

(1)

In its application to a youth default order, F9paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.

(2)

That paragraph has effect as if after F10sub-paragraph (4) there were inserted—

F11“(4A)

In the case of an amount in default which is specified in the first column of the following Table, the number of days on which the person in default is subject to the curfew requirement must not exceed the number of days set out opposite that amount in the second column.

TABLE

Amount

Number of days

An amount not exceeding £200

20

An amount exceeding £200 but not exceeding £500

30

An amount exceeding £500 but not exceeding £1,000

60

An amount exceeding £1,000 but not exceeding £2,000

90

An amount exceeding £2,000

180”.

Enforcement, revocation and amendment of youth default order

5

(1)

In its application to a youth default order, F12Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.

(2)

Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.

(3)

Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.

(4)

F13Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted
as having been made by a magistrates’ court
.

F14(5)

The following provisions are omitted—

(a)

in paragraph 6—

(i)

sub-paragraph (5)(a),

(ii)

the words “add or” in sub-paragraph (5)(b), and

(iii)

sub-paragraph (11);

(b)

paragraph 9;

(c)

paragraph 11;

(d)

paragraph 12(8);

(e)

paragraph 21(6);

(f)

paragraph 23(2)(b).

Power to alter amount of money or number of hours or days

6

The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.

Transfer of youth default order to Northern Ireland

7

(1)

In its application to a youth default order, F15Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.

(2)

F16Paragraph 15 has effect as if, after sub-paragraph (2) there were inserted—

“(3)

Nothing in sub-paragraph (1) affects the application of section 39(7) F17of the Criminal Justice and Immigration Act 2008 to a youth default order made or amended in accordance with F18Part 1 of this Schedule.”

F19(3)

Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—

“(5A)

The home court may not impose a fine on the offender.”