Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 101 is up to date with all changes known to be in force on or before 03 November 2025. 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 Section 101:
- 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)
Part 7Violent offender orders
Violent offender orders
101Making of violent offender orders
(1)
This section applies where an application is made to a magistrates’ court under section 100 in respect of a person (“P”).
(2)
After hearing—
(a)
the applicant, and
(b)
P, if P wishes to be heard,
the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.
(3)
The conditions are—
(a)
that P is a qualifying offender, and
(b)
that P has, since the appropriate date, acted in such a way as to make it necessary to make a violent offender order for the purpose of protecting the public from the risk of serious violent harm caused by P.
(4)
When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.
(5)
A violent offender order may not be made so as to come into force at any time when P—
(a)
is subject to a custodial sentence imposed in respect of any offence,
(b)
is on licence for part of the term of such a sentence, or
(c)
is subject to a hospital order or a supervision order made in respect of any offence.
(6)
But such an order may be applied for, and made, at such a time.