Legislation – Criminal Justice and Immigration Act 2008
Part 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
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
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
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
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
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
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.
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
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
96 Amendments relating to Scotland
Part 7
Violent offender orders
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
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
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.
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
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
151 Effect of amendments to criminal justice provisions applied for purposes of service law
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 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
Changes to legislation:
Criminal Justice and Immigration Act 2008, Section 45 is up to date with all changes known to be in force on or before 23 October 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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Part 3Appeals
Appeals by prosecution
45Determination of prosecution appeals: Northern Ireland
“(5)
But the Court of Appeal may not make an order under paragraph (4)(c) in respect of an offence unless it considers that the defendant could not receive a fair trial if an order were made under paragraph (4)(a) or (b).”