Legislation – Criminal Justice and Immigration Act 2008

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

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

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

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

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Criminal Justice and Immigration Act 2008, Section 138 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

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 Section 138:

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 11Miscellaneous

Industrial action by prison officers

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

(1)

Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33)
(inducements to prison officers to withhold services or breach discipline) is amended as follows.

(2)

In subsection (1), for paragraph (a) substitute—

“(a)

to take (or continue to take) any industrial action;”.

(3)

After subsection (1) insert—

“(1A)

In subsection (1)
“industrial action” means—

(a)

the withholding of services as a prison officer; or

(b)

any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).”

(4)

In subsection (4), after paragraph (a) insert—

“(aa)

holds any post, other than as a chaplain or assistant chaplain, to which he has been appointed for the purposes of section 7 of the Prison Act 1952 (appointment of prison staff),”.

(5)

In subsection (4), after paragraph (aa)
(inserted by subsection (4) above) insert—

“(b)

holds any post, otherwise than as a medical officer, to which he has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;”.