http://www.legislation.gov.uk/ukpga/2008/4/contentsCriminal Justice and Immigration Act 2008An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.texttext/xmlenStatute Law Database2011-08-192008-07-08 s. 82(1)Sch. Pt. 1 para. 12(2)Criminal Justice and Immigration Act 2008The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010s. 82(4)(a)Sch. 18 para. 84Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 82(4)(a)Sch. Pt. 1 para. 12(3)Criminal Justice and Immigration Act 2008The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010s. 82(4)(b)(vi)Sch. 18 para. 84Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 83(2)Sch. 18 para. 85(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 83(3)Sch. 18 para. 85(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 83(3A)Sch. 18 para. 85(c)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 83(4)Sch. 18 para. 85(d)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 84(7)Sch. 18 para. 86Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 87(1)Sch. 18 para. 87(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 87(2)Sch. 18 para. 87(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 87(3)Sch. 18 para. 87(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 87(4)Sch. 18 para. 87(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 87(6)Sch. 18 para. 87(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 87(7)Sch. 18 para. 87(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 88(1)Sch. 18 para. 88Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 88(4)Sch. 18 para. 88Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 89(5)Sch. 18 para. 89Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 90(1)(a)Sch. 18 para. 90(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 90(1)(b)Sch. 18 para. 90(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 90(2)Sch. 18 para. 90(c)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 90ASch. 18 para. 91Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 91(5)Sch. 18 para. 92(2)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 92(1)Sch. 18 para. 93Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 141(2)s. 100(1)Criminal Justice and Immigration Act 2008Criminal Justice and Licensing (Scotland) Act 2010s. 147(1A)Sch. 18 para. 94(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 147(2)Sch. 18 para. 94(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 147(5)(d)Sch. 18 para. 94(c)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010s. 147(5A)-(5C)Sch. 18 para. 94(d)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 1 para. 20(2)(a)art. 20(a)Criminal Justice and Immigration Act 2008The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010Sch. 1 para. 20(4A)art. 20(b)Criminal Justice and Immigration Act 2008The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010Sch. 1 para. 25Sch. 2 para. 63(2)(a)Criminal Justice and Immigration Act 2008The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010Sch. 1 para. 34(4) TableSch. 2 para. 63(2)(b)Criminal Justice and Immigration Act 2008The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010Sch. 3 para. 5(5)Sch. 2 para. 63(3)Criminal Justice and Immigration Act 2008The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010Sch. 3 para. 5(6A)Sch. 2 para. 63(4)Criminal Justice and Immigration Act 2008The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010Sch. 4 para. 43-46Sch. 2 para. 53Criminal Justice and Immigration Act 2008Criminal Justice and Licensing (Scotland) Act 2010Sch. 18 para. 5(2)Sch. 18 para. 95(2)(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 5(4)(5)Sch. 18 para. 95(2)(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 6(2)Sch. 18 para. 95(3)(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 6(3)(a)Sch. 18 para. 95(3)(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 6(4)Sch. 18 para. 95(3)(c)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 7(2)Sch. 18 para. 95(4)(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 7(3)(a)Sch. 18 para. 95(4)(c)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 7(3)(a)(b)Sch. 18 para. 95(4)(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 7(4)Sch. 18 para. 95(4)(d)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 8(2)Sch. 18 para. 95(5)(a)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 18 para. 8(6)-(9)Sch. 18 para. 95(5)(b)Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010Sch. 19 para. 7(4)Sch. 18 para. 96Criminal Justice and Immigration Act 2008The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010specified amended provision(s)art. 2commencement order for 2009 c. 24Criminal Justice and Immigration Act 2008The Welfare Reform Act 2009 (Commencement No. 2 and Transitory Provision) Order 2010specified amended provision(s)art. 2 3commencement order for 2009 c. 25Criminal Justice and Immigration Act 2008The Coroners and Justice Act 2009 (Commencement No. 5) Order 2010specified amended provision(s)art. 2 Sch.commencement order for 2010 asp 13Criminal Justice and Immigration Act 2008The Criminal Justice and Licensing (Scotland) Act 2010 (Commencement No. 6, Transitional and Savings Provisions) Order 2010specified provision(s)art. 2commencement order for 2007 c. 2 (N.I.)Criminal Justice and Immigration Act 2008Criminal Justice and Immigration (2008 Act) (Commencement No.2) Order (Northern Ireland) 2010specified provision(s) and purposesarts. 2-4commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No.14) Order 2010s. 11(6)(7)Sch. 21 para. 98(2)Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009s. 27Sch. 23 Pt. 5Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009s. 135(3)Sch. 1 para. 288(a)Criminal Justice and Immigration Act 2008The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009s. 135(4)Sch. 1 para. 288(b)Criminal Justice and Immigration Act 2008The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009Sch. 1 para. 20(1)Sch. 5 para. 10(a)(i)Criminal Justice and Immigration Act 2008The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009Sch. 1 para. 20(2)(c)Sch. 5 para. 10(a)(ii)Criminal Justice and Immigration Act 2008The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009Sch. 1 para. 20(6)Sch. 5 para. 10(a)(iii)Criminal Justice and Immigration Act 2008The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009Sch. 1 para. 21(1)Sch. 5 para. 10(b)(i)Criminal Justice and Immigration Act 2008The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009Sch. 1 para. 21(4)(a)Sch. 5 para. 10(b)(ii)Criminal Justice and Immigration Act 2008The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009Sch. 1 para. 30(1)Sch. 21 para. 98(4)(a) Sch. 23 Pt. 9Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 1 para. 30(1A)Sch. 21 para. 98(4)(b)Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 1 para. 30(2)Sch. 21 para. 98(4)(c)Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 4 para. 60(2)Sch. 23 Pt. 4Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 4 para. 60(4)Sch. 23 Pt. 4Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 4 para. 65-67Sch. 7 Pt. 3Criminal Justice and Immigration Act 2008Welfare Reform Act 2009Sch. 4 para. 76(3)Sch. 21 para. 98(3)(a)Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 4 para. 76(5)(b)Sch. 21 para. 98(3)(b)Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 4 para. 76(6)Sch. 21 para. 98(3)(b)Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009Sch. 28 Pt. 1Sch. 23 Pt. 4Criminal Justice and Immigration Act 2008Coroners and Justice Act 2009specified amended provision(s)art. 2-4commencement order for 2008 c. 17Criminal Justice and Immigration Act 2008The Housing and Regeneration Act 2008 (Commencement No. 1 and Saving Provisions) Order 2009specified amended provision(s)art. 2commencement order for SI 2009/1182Criminal Justice and Immigration Act 2008The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (Commencement No. 1 and Transitional Provisions) Order of Council 2009specified amended provision(s)art. 2 3commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009specified provision(s)art. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 6 and Transitional Provisions) Order 2009specified provision(s)art. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 10) Order 2009specified provision(s) and purposesart. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 7) Order 2009specified provision(s) and purposesart. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008  (Commencement No. 8) Order 2009specified provision(s) and purposesart. 3commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009specified provision(s) and purposesart. 2 3commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 11) Order 2009specified provision(s) and purposesart. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order 2009specified provision(s) and purposesart. 2 3commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009specified provision(s) and purposesart. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008Criminal Justice and Immigration (2008 Act) (Commencement No. 1) Order (Northern Ireland) 2009s. 134(6)Sch. 15 para. 24 Sch. 16Criminal Justice and Immigration Act 2008Housing and Regeneration Act 2008s. 135(7)Sch. 15 para. 25 Sch. 16Criminal Justice and Immigration Act 2008Housing and Regeneration Act 2008Sch. 1 para. 18(3)Sch. 1 para. 21Criminal Justice and Immigration Act 2008Children and Young Persons Act 2008Sch. 2Sch. 4 para. 44(6)Criminal Justice and Immigration Act 2008Criminal Justice and Immigration Act 2008Sch. 6 para. 2(2)art. 2Criminal Justice and Immigration Act 2008The Remand on Bail (Disapplication of Credit Period) Rules 2008Sch. 6 para. 2(2)art. 3Criminal Justice and Immigration Act 2008The Remand on Bail (Disapplication of Credit Period) Rules 2008Sch. 6 para. 2(2)art. 4Criminal Justice and Immigration Act 2008The Remand on Bail (Disapplication of Credit Period) Rules 2008Sch. 7 para. 5(1)Sch. 1 para. 90(2)Criminal Justice and Immigration Act 2008Education and Skills Act 2008Sch. 7 para. 5(5A)Sch. 1 para. 90(3)Criminal Justice and Immigration Act 2008Education and Skills Act 2008specified provision(s)art. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 4 and Saving Provision) Order 2008specified provision(s) and purposesart. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008specified provision(s) and purposesart. 2 Sch. 1commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008specified provision(s) and purposesart. 2 Sch.commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 3 and Transitional Provisions) Order 2008specified provision(s) and purposesart. 2commencement order for 2008 c. 4Criminal Justice and Immigration Act 2008The Criminal Justice and Immigration Act 2008 (Commencement No. 5) Order 2008Blanket amendmentart. 3 4Criminal Justice and Immigration Act 2008The Treaty of Lisbon (Changes in Terminology) Order 2011Blanket amendmentart. 3 6Criminal Justice and Immigration Act 2008The Treaty of Lisbon (Changes in Terminology) Order 2011 Criminal Justice and Immigration Act 2008Part 1Youth rehabilitation ordersYouth rehabilitation orders1Youth rehabilitation orders2Breach, revocation or amendment of youth rehabilitation orders3Transfer of youth rehabilitation orders to Northern Ireland4Meaning of “the responsible officer”5Responsible officer and offender: duties in relation to the otherSupplementary6Abolition of certain youth orders and related amendments7Youth rehabilitation orders: interpretation8Isles of ScillyPart 2SentencingGeneral sentencing provisions9Purposes etc. of sentencing: offenders under 1810Effect of restriction on imposing community sentences11Restriction on power to make a community order12Pre-sentence reportsCustodial sentences13Sentences of imprisonment for public protection14Sentences of detention for public protection15Extended sentences for certain violent or sexual offences: persons 18 or over16Extended sentences for certain violent or sexual offences: persons under 1817The assessment of dangerousness18Further amendments relating to sentences for public protection19Indeterminate sentences: determination of tariffs20Consecutive terms of imprisonmentRelease and recall of prisoners21Credit for period of remand on bail: terms of imprisonment and detention22Credit for period of remand on bail: other cases23Credit for period of remand on bail: transitional provisions24Minimum conditions for early release under section 246(1) of Criminal Justice Act 200325Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences26Release of certain long-term prisoners under Criminal Justice Act 199127Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK28Release of fine defaulters and contemnors under Criminal Justice Act 199129Release of prisoners after recall30Further review and release of prisoners after recall31Recall of life prisoners: abolition of requirement for recommendation by Parole Board32Release of prisoners recalled following release under Criminal Justice Act 1991Early removal of prisoners from the United Kingdom33Removal under Criminal Justice Act 199134Removal under Criminal Justice Act 2003Referral orders35Referral conditions36Power to revoke a referral order37Extension of period for which young offender contract has effectEnforcement of sentences38Imposition of unpaid work requirement for breach of community order39Youth default orders40Power to impose attendance centre requirement on fine defaulter41Disclosure of information for enforcing finesPart 3AppealsAppeals by defendant42Power to dismiss certain appeals following references by the CCRC: England and Wales43Power to dismiss certain appeals following references by the CCRC: Northern IrelandAppeals by prosecution44Determination of prosecution appeals: England and Wales45Determination of prosecution appeals: Northern IrelandMiscellaneous46Review of sentence on reference by Attorney General47Further amendments relating to appeals in criminal casesPart 4Other criminal justice provisionsAlternatives to prosecution48Alternatives to prosecution for offenders under 1849Protection for spent cautions under Rehabilitation of Offenders Act 197450Criminal conviction certificates and criminal record certificatesBail51Bail conditions: electronic monitoring52Bail for summary offences and certain other offences to be tried summarilyProceedings in magistrates' courts53Allocation of offences triable either way etc.54Trial or sentencing in absence of accused in magistrates' courts55Extension of powers of non-legal staffCriminal legal aid56Provisional grant of right to representation57Disclosure of information to enable assessment of financial eligibility58Pilot schemesMiscellaneous59SFO's pre-investigation powers in relation to bribery and corruption: foreign officers etc.60Contents of an accused's defence statement61Compensation for miscarriages of justice62Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998Part 5Criminal lawPornography etc.63Possession of extreme pornographic images64Exclusion of classified films etc.65Defences: general66Defence: participation in consensual acts67Penalties etc. for possession of extreme pornographic images68Special rules relating to providers of information society services69Indecent photographs of children: England and Wales70Indecent photographs of children: Northern Ireland71Maximum penalty for publication etc. of obscene articlesSexual offences72Offences committed outside the United Kingdom73Grooming and adoptionHatred on the grounds of sexual orientation74Hatred on the grounds of sexual orientationOffences relating to nuclear material and nuclear facilities75Offences relating to the physical protection of nuclear material and nuclear facilitiesSelf-defence etc.76Reasonable force for purposes of self-defence etc.Unlawfully obtaining etc. personal data77Power to alter penalty for unlawfully obtaining etc. personal data78New defence for purposes of journalism and other special purposesBlasphemy79Abolition of common law offences of blasphemy and blasphemous libelPart 6International co-operation in relation to criminal justice mattersRecognition of financial penalties: requests to other member States80Requests to other member States: England and Wales81Procedure on issue of certificate: England and Wales82Requests to other member States: Northern Ireland83Procedure on issue of certificate: Northern IrelandRecognition of financial penalties: requests from other member States84Requests from other member States: England and Wales85Procedure on receipt of certificate by designated officer86Modification of Magistrates' Courts Act 198087Requests from other member States: Northern Ireland88Procedure on receipt of certificate by clerk of petty sessions89Modification of Magistrates' Courts (Northern Ireland) Order 198190Transfer of certificates to central authority for ScotlandRecognition of financial penalties: miscellaneous91Recognition of financial penalties: general92Interpretation of sections 80 to 91 etc.Repatriation of prisoners93Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom94Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister95Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 198496Amendments relating to ScotlandMutual legal assistance in revenue matters97Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxationPart 7Violent offender ordersViolent offender orders98Violent offender orders99Qualifying offenders100Applications for violent offender orders101Making of violent offender orders102Provisions that orders may contain103Variation, renewal or discharge of violent offender orders104Interim violent offender orders105Notice of applications106AppealsNotification requirements107Offenders subject to notification requirements108Notification requirements: initial notification109Notification requirements: changes110Notification requirements: periodic notification111Notification requirements: travel outside United Kingdom112Method of notification and related mattersSupplementary113Offences114Supply of information to Secretary of State etc.115Supply of information by Secretary of State etc.116Information about release or transfer117Interpretation of Part 7Part 8Anti-social behaviourPremises closure orders118Closure orders: premises associated with persistent disorder or nuisanceNuisance or disturbance on hospital premises119Offence of causing nuisance or disturbance on NHS premises120Power to remove person causing nuisance or disturbance121Guidance about the power to remove etc.122Nuisance or disturbance on HSS premisesAnti-social behaviour orders etc. in respect of children and young persons123Review of anti-social behaviour orders etc.124Individual support ordersParenting contracts and parenting orders125Parenting contracts and parenting orders: local authoritiesPart 9PolicingMisconduct procedures etc.126Police misconduct and performance procedures127Investigation of complaints of police misconduct etc.Financial assistance128Financial assistance under section 57 of Police Act 1996Inspection129Inspection of police authoritiesPart 10Special immigration status130Designation131“Foreign criminal”132Effect of designation133Conditions134Support135Support: supplemental136End of designation137Interpretation: generalPart 11MiscellaneousIndustrial action by prison officers138Amendment of section 127 of Criminal Justice and Public Order Act 1994139Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994Sex offenders140Disclosure of information about convictions etc. of child sex offenders to members of the public141Sexual offences prevention orders: relevant sexual offences142Notification requirements: prescribed informationPersistent sales of tobacco to persons under 18143Persistent sales of tobacco to persons under 18Penalties for serious contraventions of data protection principles144Power to require data controllers to pay monetary penaltyArmed forces legislation145Amendments to armed forces legislationAutomatic deportation of criminals146Convention against human traffickingPart 12General147Orders, rules and regulations148Consequential etc. amendments and transitional and saving provision149Repeals and revocations150Financial provisions151Effect of amendments to criminal justice provisions applied for purposes of service law152Extent153Commencement154Short titleSCHEDULESSCHEDULE 1Further provisions about youth rehabilitation ordersPart 1Provisions to be included in youth rehabilitation ordersImposition of requirements1Subsection (1) of section 1 has effect subject to the...Electronic monitoring requirement2(1) Sub-paragraph (2) applies to a youth rehabilitation order which—...Youth rehabilitation order with intensive supervision and surveillance3(1) This paragraph applies where paragraphs (a) to (c) of...Youth rehabilitation order with fostering4(1) This paragraph applies where paragraphs (a) to (c) of...Intensive supervision and surveillance and fostering: further provisions5(1) A youth rehabilitation order with intensive supervision and surveillance...Part 2RequirementsActivity requirement6(1) In this Part of this Act “activity requirement”, in...Activity requirement: instructions of responsible officer under paragraph 6(1)(d)7(1) Subject to sub-paragraph (3), instructions under paragraph 6(1)(d) relating...Activity requirement: further provisions8(1) Instructions given by, or under the authority of, a...Supervision requirement9In this Part of this Act “supervision requirement”, in relation...Unpaid work requirement10(1) In this Part of this Act “unpaid work requirement”,...Programme requirement11(1) In this Part of this Act “programme requirement”, in...Attendance centre requirement12(1) In this Part of this Act “attendance centre requirement”,...Prohibited activity requirement13(1) In this Part of this Act “prohibited activity requirement”,...Curfew requirement14(1) In this Part of this Act “curfew requirement”, in...Exclusion requirement15(1) In this Part of this Act “exclusion requirement”, in...Residence requirement16(1) In this Part of this Act, “residence requirement”, in...Local authority residence requirement17(1) In this Part of this Act, “local authority residence...Fostering requirement18(1) In this Part of this Act “fostering requirement”, in...Pre-conditions to imposing local authority residence requirement or fostering requirement19(1) A court may not include a local authority residence...Mental health treatment requirement20(1) In this Part of this Act “mental health treatment...Mental health treatment at place other than that specified in order21(1) Where the registered medical practitioner or chartered psychologist by...Drug treatment requirement22(1) In this Part of this Act, “drug treatment requirement”,...Drug testing requirement23(1) In this Part of this Act, “drug testing requirement”,...Intoxicating substance treatment requirement24(1) In this Part of this Act, “intoxicating substance treatment...Education requirement25(1) In this Part of this Act “education requirement”, in...Electronic monitoring requirement26(1) In this Part of this Act “electronic monitoring requirement”,...Power to amend limits27(1) The Secretary of State may by order amend— Part 3Provisions applying where court proposes to make youth rehabilitation orderFamily circumstances28Before making a youth rehabilitation order, the court must obtain...Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.29(1) Before making— (a) a youth rehabilitation order imposing two...Date of taking effect and other existing orders30(1) Subject to sub-paragraph (2), a youth rehabilitation order takes...Concurrent and consecutive orders31(1) This paragraph applies where the court is dealing with...Part 4Provisions applying where court makes youth rehabilitation order etc.Date for compliance with requirements to be specified in order32(1) A youth rehabilitation order must specify a date, not...Local justice area to be specified in order33A youth rehabilitation order must specify the local justice area...Provision of copies of orders34(1) The court by which any youth rehabilitation order is...Power to provide for court review of orders35(1) The Secretary of State may by order— Order made by Crown Court: direction in relation to further proceedings36(1) Where the Crown Court makes a youth rehabilitation order,...SCHEDULE 2Breach, revocation or amendment of youth rehabilitation ordersPart 1PreliminaryInterpretation1(1) In this Schedule, “the offender”, in relation to a...Orders made on appeal2Where a youth rehabilitation order has been made on appeal,...Part 2Breach of requirement of orderDuty to give warning3(1) If the responsible officer is of the opinion that...Breach of order4(1) If the responsible officer— (a) has given a warning...Issue of summons or warrant by justice of the peace5(1) If at any time while a youth rehabilitation order...Powers of magistrates' court6(1) This paragraph applies where— (a) an offender appears or...Power of magistrates' court to refer offender to Crown Court7(1) Sub-paragraph (2) applies if— (a) the youth rehabilitation order...Powers of Crown Court8(1) This paragraph applies where— (a) an offender appears or...Restriction of powers in paragraphs 6 and 8 where treatment required9(1) Sub-paragraph (2) applies where a youth rehabilitation order imposes...Power to amend amounts of fines10(1) The Secretary of State may by order amend any...Part 3Revocation of orderRevocation of order with or without re-sentencing: powers of appropriate court11(1) This paragraph applies where— (a) a youth rehabilitation order...Revocation of order with or without re-sentencing: powers of Crown Court12(1) This paragraph applies where— (a) a youth rehabilitation order...Part 4Amendment of orderAmendment by appropriate court13(1) This paragraph applies where— (a) a youth rehabilitation order...Amendment by Crown Court14(1) This paragraph applies where— (a) a youth rehabilitation order...Exercise of powers under paragraph 13(2) or 14(2): further provisions15(1) In sub-paragraphs (2) and (3), “specific area requirement”, in...Exercise of powers under paragraph 13(4) or 14(4): further provisions16(1) Any requirement imposed under paragraph 13(4)(b) or 14(4)(b) must...Extension of unpaid work requirement17Where— (a) a youth rehabilitation order imposing an unpaid work...Part 5Powers of court in relation to order following subsequent convictionPowers of magistrates' court following subsequent conviction18(1) This paragraph applies where— (a) a youth rehabilitation order...Powers of Crown Court following subsequent conviction19(1) This paragraph applies where— (a) a youth rehabilitation order...Part 6SupplementaryAppearance of offender before court20(1) Subject to sub-paragraph (2), where, otherwise than on the...Warrants21(1) Sub-paragraph (2) applies where an offender is arrested in...Adjournment of proceedings22(1) This paragraph applies to any hearing relating to an...Restrictions on imposition of intensive supervision and surveillance or fostering23Subsection (4), and the provisions mentioned in subsection (6), of...Provision of copies of orders etc.24(1) Where a court makes an order under this Schedule...Power to amend maximum period of fostering requirement25The Secretary of State may by order amend paragraph 6(9),...SCHEDULE 3Transfer of youth rehabilitation orders to Northern IrelandPart 1Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern IrelandMaking of youth rehabilitation order where offender resides or will reside in Northern Ireland1(1) This paragraph applies where a court considering the making...Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland2(1) This paragraph applies where the appropriate court for the...Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 23A youth rehabilitation order made or amended in accordance with...4(1) Before making or amending a youth rehabilitation order in...Modifications to Part 15(1) Where a court is considering the making or amendment...Meaning of “supervision”6In this Part of this Schedule “supervision”, in relation to...Part 2Provisions relating to an order made or amended under Part 1Application of this Part7This Part of this Schedule applies where a youth rehabilitation...Interpretation8In this Part of this Schedule, in relation to the...Effect of the youth rehabilitation order in Northern Ireland9(1) The youth rehabilitation order is to be treated in...Duty of offender to keep in touch with relevant officer10In section 5(5) (duty of offender to keep in touch...Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction11Where the youth rehabilitation order was made or amended by...Powers of the home court in respect of the youth rehabilitation order12The home court may exercise in relation to the youth...13(1) The home court may require the offender to appear...14Where an offender is required by virtue of paragraph 13...Powers of court in England or Wales before which the offender is required to appear15Where an offender is required by virtue of paragraph 13...16(1) Paragraph 15(b) does not enable the relevant court in...Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland17(1) This paragraph applies where a change is made to...SCHEDULE 4Youth rehabilitation orders: consequential and related amendmentsPart 1Consequential amendmentsChildren and Young Persons Act 1933 (c. 12)1The Children and Young Persons Act 1933 has effect subject...2(1) Section 34 (attendance at court of parent of child...3(1) Section 49 (restrictions on reports of proceedings in which...Criminal Appeal Act 1968 (c. 19)4In section 10(2) of the Criminal Appeal Act 1968 (appeal...Firearms Act 1968 (c. 27)5The Firearms Act 1968 has effect subject to the following...6In section 21(3ZA)(a) (possession of firearms by persons previously convicted...7In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of...Health Services and Public Health Act 1968 (c. 46)8The Health Services and Public Health Act 1968 has effect...9In section 64(3)(a) (financial assistance by the Secretary of State...10In section 65(3)(b) (financial and other assistance by local authorities...Social Work (Scotland) Act 1968 (c. 49)11The Social Work (Scotland) Act 1968 has effect subject to...12In section 86(3) (adjustments between authority providing accommodation etc, and...13In section 94(1) (interpretation)— (a) for the definition of “probation...Children and Young Persons Act 1969 (c. 54)14The Children and Young Persons Act 1969 has effect subject...15Omit section 25 (transfers between England or Wales and Northern...16(1) Section 26 (transfers between England or Wales and the...17(1) Section 32 (detention of absentees) is amended as follows....18In section 70(1) (interpretation)— (a) omit the definition of “supervision...19In section 73(4)(a) (provisions of section 32 extending to Scotland)...Rehabilitation of Offenders Act 1974 (c. 53)20The Rehabilitation of Offenders Act 1974 has effect subject to...21In section 5(5) (rehabilitation periods for particular sentences) after paragraph...22In section 7(2) (limitations on rehabilitation under Act, etc.) for...Bail Act 1976 (c. 63)23In section 4(3) of the Bail Act 1976 (general right...Magistrates' Courts Act 1980 (c. 43)24In Schedule 6A to the Magistrates' Courts Act 1980 (fines...Contempt of Court Act 1981 (c. 49)25In section 14 of the Contempt of Court Act 1981...Criminal Justice Act 198226Part 3 of Schedule 13 to the Criminal Justice Act...27(1) Paragraph 7 (transfer to England and Wales) is amended...28(1) Paragraph 9 (general provision) is amended as follows. 29After that paragraph insert— Community service orders relating to persons...Mental Health Act 1983 (c. 20)30In section 37(8) of the Mental Health Act 1983 (powers...Child Abduction Act 1984 (c. 37)31In paragraph 2(1) of the Schedule to the Child Abduction...Prosecution of Offences Act 1985 (c. 23)32(1) Section 19 of the Prosecution of Offences Act 1985...Children Act 1989 (c. 41)33The Children Act 1989 has effect subject to the following...34(1) Section 21 (provision of accommodation for children in police...35In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii)...36In section 105(6) (interpretation)— (a) in paragraph (b), omit from...37(1) Part 3 of Schedule 3 (education supervision orders) is...38In paragraph 3 of Schedule 8 (privately fostered children) for...Criminal Justice Act 1991 (c. 53)39Part 3 of Schedule 3 to the Criminal Justice Act...40(1) Paragraph 10 is amended as follows. 41(1) Paragraph 11 is amended as follows. Criminal Justice and Public Order Act 1994 (c. 33)42In section 136 of the Criminal Justice and Public Order...Criminal Procedure (Scotland) Act 1995 (c. 46)43The Criminal Procedure (Scotland) Act 1995 has effect subject to...44(1) Section 234 (probation orders: persons residing in England and...45(1) Section 242 (community service orders: persons residing in England...46(1) Section 244 (community service orders: general provisions relating to...Education Act 1996 (c. 56)47In section 562(2)(b) of the Education Act 1996 (Act not...Crime and Disorder Act 1998 (c. 37)48The Crime and Disorder Act 1998 has effect subject to...49In section 38(4) (local provision of youth justice services)— 50In Schedule 8 (minor and consequential amendments), in paragraph 13(2),...Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)51The Powers of Criminal Courts (Sentencing) Act 2000 has effect...52In section 19(4)(a) (making of referral orders: effect on court's...53In section 73 (reparation orders)— (a) for subsection (4)(b) substitute—...54In section 74(3)(a) (requirements and provisions of reparation order, and...55In section 75 (breach, revocation and amendment of reparation orders)...56In section 91(3) (offenders under 18 convicted of certain serious...57In section 137(2) (power to order parent or guardian to...58In section 150(2) (binding over of parent or guardian), for...59In section 159 (execution of process between England and Wales...60(1) Section 160 (rules and orders) is amended as follows....61In section 163 (general definitions)— (a) omit the definitions of...62(1) Schedule 8 (breach, revocation and amendment of action plan...63In Schedule 10 (transitory modifications), omit paragraphs 4 to 6...64In Schedule 11 (transitional provisions)— (a) in paragraph 4, omit—...Child Support, Pensions and Social Security Act 2000 (c. 19)65The Child Support, Pensions and Social Security Act 2000 has...66(1) Section 62 (loss of benefit for breach of community...67(1) Section 64 (information provision) is amended as follows. Criminal Justice and Court Services Act 2000 (c. 43)68The Criminal Justice and Court Services Act 2000 has effect...69In section 1(2)(a) (purposes of Chapter), after “2003)” insert “...70In section 70 (interpretation, etc.) omit subsection (5). Criminal Justice Act 2003 (c. 44)71Part 12 of the Criminal Justice Act 2003 (sentencing) has...72(1) Section 147 (meaning of “community sentence” etc.) is amended...73(1) Section 148 (restrictions on imposing community sentences) is amended...74In section 149(1) (passing of community sentence on offender remanded...75In section 150 (community sentence not available where sentence fixed...76(1) Section 151 (community order for persistent offender previously fined)...77(1) Section 156 (pre-sentence reports and other requirements) is amended...78In section 161 (pre-sentence drug testing)— (a) in subsection (1),...79(1) Section 166 (savings for powers to mitigate sentences and...80(1) Section 174 (duty to give reasons for, and explain...81In section 176 (interpretation of Chapter 1)— 82In section 177(1) (community orders) for “16” substitute “ 18...83In section 197(1)(b) (meaning of “the responsible officer”), omit “the...84In section 199 (unpaid work requirement)— (a) in subsection (3),...85In section 201 (activity requirement), in subsection (3)(a), for sub-paragraphs...86In section 202 (programme requirement), in subsection (4)(a), for sub-paragraphs...87In section 203(2), for paragraphs (a) and (b) substitute “...88In section 209(2)(c) (drug rehabilitation requirement), for sub-paragraphs (i) and...89In section 211 (periodic review of drug rehabilitation requirement), omit...90In section 214 (attendance centre requirement), after subsection (6) add—...91In section 217(1)(b) (requirement to avoid conflict with religious beliefs...92In section 221(2) (provision of attendance centres)— 93In section 222(1)(e) (rules), after “attendance centre requirements” insert “...94Omit section 279 (drug treatment and testing requirement in action...95In section 330(5)(a) (orders subject to the affirmative resolution procedure),...96In Schedule 8 (breach, revocation or amendment of community order),...97Omit Schedule 24 (drug treatment and testing requirement in action...Violent Crime Reduction Act 2006 (c. 38)98In section 47 of the Violent Crime Reduction Act 2006...Offender Management Act 2007 (c. 21)99In section 1(4) of the Offender Management Act 2007 (meaning...Part 2Related amendmentsChildren and Young Persons Act 1933 (c. 12)100In section 49 of the Children and Young Persons Act...Children and Young Persons Act 1969 (c. 54)101(1) Section 32 of the Children and Young Persons Act...Bail Act 1976 (c. 63)102In section 4(3) of the Bail Act 1976 (general right...Magistrates' Courts Act 1980 (c. 43)103In Schedule 6A to the Magistrates' Courts Act 1980 (fines...Child Abduction Act 1984 (c. 37)104In paragraph 2(1) of the Schedule to the Child Abduction...Children Act 1989 (c. 41)105In section 21(2)(c) of the Children Act 1989 (provision of...Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)106The Powers of Criminal Courts (Sentencing) Act 2000 has effect...107In Schedule 1 (youth offender panels: further court proceedings), after...108(1) Schedule 8 (breach, revocation and amendment of action plan...Criminal Justice Act 2003 (c. 44)109In Schedule 8 to the Criminal Justice Act 2003 (breach,...SCHEDULE 5Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003SCHEDULE 6Credit for period of remand on bail: transitional provisions1A period specified under paragraph 2 is to be treated...2(1) This paragraph applies where— (a) a court sentences an...SCHEDULE 7Youth default orders: modification of provisions applying to youth rehabilitation ordersGeneral1Any reference to the offender is, in relation to a...Unpaid work requirement2(1) In its application to a youth default order, paragraph...Attendance centre requirement3(1) In its application to a youth default order, paragraph...Curfew requirement4(1) In its application to a youth default order, paragraph...Enforcement, revocation and amendment of youth default order5(1) In its application to a youth default order, Schedule...Power to alter amount of money or number of hours or days6The Secretary of State may by order amend paragraph 2,...Transfer of youth default order to Northern Ireland7(1) In its application to a youth default order, Schedule...SCHEDULE 8Appeals in criminal casesPart 1Amendments of Criminal Appeal Act 19681The Criminal Appeal Act 1968 (c. 19) has effect subject...Time limit on grant of certificates of fitness for appeal2In section 1 (appeal against conviction), in subsection (2)(b) after...3In section 11 (supplementary provisions as to appeal against sentence),...4In section 12 (appeal against verdict of not guilty on...5In section 15 (appeal against finding of disability), in subsection...Powers of Court to substitute different sentence6(1) Section 4 (sentence when appeal allowed on part of...Interim hospital orders7The following provisions (which relate to the effect of interim...8Before section 31 (but after the cross-heading preceding it) insert—...9In section 31 (powers of Court which are exercisable by...Evidence10(1) Section 23 (evidence) is amended as follows. Powers of single judge11(1) Section 31 (powers of Court of Appeal which are...Appeals against procedural directions12In section 31C (appeals against procedural directions), omit subsections (1)...Detention of defendant pending appeal to Supreme Court13(1) Section 37 (detention of defendant on appeal by Crown)...Part 2Amendments of Criminal Appeal (Northern Ireland) Act 198014The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has...Time limit on grant of certificates of fitness for appeal15In section 1 (appeal against conviction), in paragraph (b) after...16In section 12 (appeal against finding of not guilty on...17In section 13A (appeal against finding of unfitness to be...Powers of Court to substitute different sentence18(1) Section 4 (alteration of sentence on appeal against conviction)...Interim hospital orders19Section 10(6) (effect of interim hospital orders made by Court...20(1) For the cross-heading preceding section 30 substitute— “ Supplementary...21In section 45 (powers of Court which are exercisable by...Evidence22(1) Section 25 (evidence) is amended as follows. 23In section 26 (additional powers of Court), in subsection (1)...Detention of defendant pending appeal to Supreme Court24(1) Section 36 (detention of defendant on appeal by Crown)...Powers of single judge25(1) Section 45 (powers of Court of Appeal which are...Part 3Amendments of other ActsDetention of defendant pending appeal from High Court to Supreme Court26(1) Section 5 of the Administration of Justice Act 1960...Variation of sentences by Crown Court27(1) Section 49 of the Judicature (Northern Ireland) Act 1978...28(1) Section 155 of the Powers of Criminal Courts (Sentencing)...SCHEDULE 9Alternatives to prosecution for persons under 181The Crime and Disorder Act 1998 (c. 37) has effect...2(1) Section 65 (reprimands and warnings) is amended as follows....3After section 66 insert— Young offenders: youth conditional cautions Youth...4(1) Section 114 (orders and regulations) is amended as follows....SCHEDULE 10Protection for spent cautions under Rehabilitation of Offenders Act 19741The Rehabilitation of Offenders Act 1974 (c. 53) is amended...2In section 6(6) for “the Schedule” substitute “ Schedule 1...3After section 8 (defamation actions) there is inserted— Protection afforded...4After section 9 (unauthorised disclosure of spent convictions) insert— Unauthorised...5The Schedule (service disciplinary proceedings) is re-numbered as Schedule 1....6After that Schedule insert— SCHEDULE 2 Protection for spent cautions...SCHEDULE 11Electronic monitoring of persons released on bail subject to conditions1The Bail Act 1976 (c. 63) has effect subject to...2In section 3 (general provisions) for subsection (6ZAA) substitute— 3(1) Section 3AA (electronic monitoring of compliance with bail conditions)...4After section 3AA insert— Conditions for the imposition of electronic...SCHEDULE 12Bail for summary offences and certain other offences to be tried summarily1The Bail Act 1976 (c. 63) is amended as follows....2In section 3(6D)(a) (condition to be imposed on person in...3After section 9 (offence of agreeing to indemnify sureties in...4Schedule 1 (persons entitled to bail: supplementary provisions) is amended...5(1) Paragraph 1 (defendants to whom Part 1 applies) becomes...6After Part 1 insert— Part 1A Defendants Accused or Convicted...SCHEDULE 13Allocation of cases triable either way etc.1Schedule 3 to the Criminal Justice Act 2003 (c. 44)...2In paragraph 2, in the paragraph set out in sub-paragraph...3In paragraph 6, for subsection (2)(c) of the section set...4In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment”...5(1) Paragraph 9 is amended as follows. 6Paragraph 13 is omitted. 7Paragraph 22 is omitted. 8Before paragraph 23 insert— (1) Section 3 (committal for sentence on summary trial of...9In paragraph 23, in subsection (5) of the first of...10In paragraph 24 after sub-paragraph (4) insert— SCHEDULE 14Special rules relating to providers of information society servicesDomestic service providers: extension of liability1(1) This paragraph applies where a service provider is established...Non-UK service providers: restriction on institution of proceedings2(1) This paragraph applies where a service provider is established...Exceptions for mere conduits3(1) A service provider is not capable of being guilty...Exception for caching4(1) This paragraph applies where an information society service consists...Exception for hosting5(1) A service provider is not capable of being guilty...Interpretation6(1) This paragraph applies for the purposes of this Schedule....SCHEDULE 15Sexual offences: grooming and adoptionMeeting a child following sexual grooming1In section 15(1) of the Sexual Offences Act 2003 (c....Adoption2The Sexual Offences Act 2003 (c. 42) has effect subject...3In section 27(1)(b) (family relationships) after “but for” insert “...4In section 29(1)(b) (sections 25 and 26: sexual relationships which...5(1) Section 64 (sex with an adult relative: penetration) is...6(1) Section 65 (sex with an adult relative: consenting to...7In section 47(1) of the Adoption Act 1976 (c. 36)...SCHEDULE 16Hatred on the grounds of sexual orientation1Part 3A of the Public Order Act 1986 (c. 64)...2In the heading for Part 3A at the end insert...3In the italic cross-heading before section 29A at the end...4After that section insert— Meaning of “hatred on the grounds...5In the italic cross-heading before section 29B at the end...6(1) Section 29B (use of words or behaviour or display...7In section 29C(1) (publishing or distributing written material), after “religious...8In section 29D(1) (public performance of play), after “religious hatred”...9In section 29E(1) (distributing, showing or playing a recording), after...10In section 29F(1) (broadcasting or including programme in programme service),...11In section 29G(1) (possession of inflammatory material), for “religious hatred...12(1) Section 29H (powers of entry and search) is amended...13(1) Section 29I (power to order forfeiture) is amended as...14After section 29J insert— Protection of freedom of expression (sexual...15In section 29K(1) (savings for reports of parliamentary or judicial...16(1) Section 29L (procedure and punishment) is amended as follows....17In section 29N (interpretation), after the definition of “dwelling” insert—...SCHEDULE 17Offences relating to nuclear material and nuclear facilitiesPart 1Amendments of Nuclear Material (Offences) Act 19831The Nuclear Material (Offences) Act 1983 (c. 18) has effect...2(1) Section 1 (extended scope of certain offences) is amended...3After section 1 insert— Increase in penalties for offences committed...4For section 2 substitute— Offences involving preparatory acts and threats...5After section 3 (supplemental) insert— Application to activities of armed...6(1) Section 6 (material to which the Act applies) is...7In section 7 (application to the Channel Islands, Isle of...Part 2Amendments of Customs and Excise Management Act 19798(1) The Customs and Excise Management Act 1979 (c. 2)...9(1) Her Majesty may by Order in Council provide for...SCHEDULE 18Penalties suitable for enforcement in England and Wales or Northern IrelandPerson residing in England and Wales1The financial penalty is suitable for enforcement in England and...Person residing in Northern Ireland2The financial penalty is suitable for enforcement in Northern Ireland...Person having property etc. in England and Wales3The financial penalty is suitable for enforcement in England and...Person having property etc. in Northern Ireland4The financial penalty is suitable for enforcement in Northern Ireland...Person having property etc. in England and Wales and Northern Ireland5(1) This paragraph applies if— (a) the certificate states that...Person having property etc. in England and Wales and Scotland6(1) This paragraph applies if— (a) the certificate states that...Person having property etc. in Northern Ireland and Scotland7(1) This paragraph applies if— (a) the certificate states that...Person having property etc. in England and Wales, Scotland and Northern Ireland8(1) This paragraph applies if— (a) the certificate states that...Interpretation9Where the person required to pay the financial penalty is...SCHEDULE 19Grounds for refusal to enforce financial penaltiesPart 1The grounds for refusal1A penalty (of any kind) has been imposed on the...2A penalty (of any kind) has been imposed on the...3(1) The decision was made in respect of conduct— 4(1) The decision was made in respect of conduct— 5The decision was made in respect of conduct by a...6The certificate does not confirm that— (a) if the proceedings...7(1) The financial penalty is for an amount less than...Part 2European framework list (financial penalties)8Participation in a criminal organisation. 9Terrorism. 10Trafficking in human beings. 11Sexual exploitation of children and child pornography. 12Illicit trafficking in narcotic drugs and psychotropic substances. 13Illicit trafficking in weapons, munitions and explosives. 14Corruption. 15Fraud, including that affecting the financial interests of the European...16Laundering of the proceeds of crime. 17Counterfeiting currency, including of the euro. 18Computer-related crime. 19Environmental crime, including illicit trafficking in endangered animal species and...20Facilitation of unauthorised entry and residence. 21Murder, grievous bodily injury. 22Illicit trade in human organs and tissue. 23Kidnapping, illegal restraint and hostage-taking. 24Racism and xenophobia. 25Organised or armed robbery. 26Illicit trafficking in cultural goods, including antiques and works of...27Swindling. 28Racketeering and extortion. 29Counterfeiting and piracy of products. 30Forgery of administrative documents and trafficking therein. 31Forgery of means of payment. 32Illicit trafficking in hormonal substances and other growth promoters. 33Illicit trafficking in nuclear or radioactive materials. 34Trafficking in stolen vehicles. 35Rape. 36Arson. 37Crimes within the jurisdiction of the International Criminal Court. 38Unlawful seizure of aircraft or ships. 39Sabotage. 40Conduct which infringes road traffic regulations, including breaches of regulations...41Smuggling of goods. 42Infringement of intellectual property rights. 43Threats and acts of violence against persons, including violence during...44Criminal damage. 45Theft. 46Offences created by the issuing State and serving the purpose...Part 3Interpretation47(1) In this Schedule— (a) “conduct” includes any act or...SCHEDULE 20Closure orders: premises associated with persistent disorder or nuisanceAfter Part 1 of the Anti-social Behaviour Act 2003 (c....SCHEDULE 21Nuisance or disturbance on HSS premisesOffence of causing nuisance or disturbance on HSS premises1(1) A person commits an offence if— Power to remove person causing nuisance or disturbance2(1) If a constable reasonably suspects that a person is...Guidance about the power to remove etc.3(1) The Department of Health, Social Services and Public Safety...SCHEDULE 22Police misconduct and performance proceduresPart 1Amendments of Police Act 19961The Police Act 1996 (c. 16) has effect subject to...General duty of Secretary of State2In section 36(2)(d) (general duty of Secretary of State) for...Regulations for police forces3(1) Section 50 (regulations for police forces) is amended as...Regulations for special constables4(1) Section 51 (regulations for special constables) is amended as...Police Federations5In section 59(3) (representation only by another member of a...Police Advisory Board6(1) Section 63(3) (supply of draft regulations to the Police...Representation at disciplinary and other proceedings7For section 84 substitute— Representation etc. at disciplinary and other...Appeals against dismissal etc.8(1) Section 85 (appeals against dismissal etc.) is amended as...Guidance concerning disciplinary proceedings etc.9(1) Section 87 (guidance concerning disciplinary proceedings etc.) is amended...Police officers engaged on service outside their force10(1) Section 97 (police officers engaged on service outside their...Police Appeals Tribunals11(1) Schedule 6 (appeals to police appeals tribunals) is amended...Part 2Amendments of Ministry of Defence Police Act 198712The Ministry of Defence Police Act 1987 (c. 4) has...Defence Police Federation13In section 3(4) (representation of a member of the Ministry...Regulations relating to disciplinary matters14(1) Section 3A (regulations relating to disciplinary matters) is amended...Representation etc. at disciplinary proceedings15For section 4 substitute— Representation etc. at disciplinary proceedings (1) The Secretary of State shall by regulations make provision...Appeals against dismissal etc.16For section 4A substitute— Appeals against dismissal etc. (1) The Secretary of State shall by regulations— Part 3Amendments of Railways and Transport Safety Act 200317The Railways and Transport Safety Act 2003 (c. 20) has...Police regulations: general18(1) Section 36 (police regulations: general) is amended as follows....Police regulations: special constables19After section 37(1) (power to make regulations about special constables)...Police regulations by Secretary of State20For section 42(3) substitute— (3) If regulations under this section...Regulations: further appeal21Omit section 43 (regulations: further appeal). SCHEDULE 23Investigation of complaints of police misconduct etc.1The Police Reform Act 2002 (c. 30) has effect subject...2In section 23(2) (regulations) after paragraph (q) insert— 3Schedule 3 (handling of complaints and conduct matters etc.) is...4In paragraph 6(4) (handling of complaints by appropriate authority: use...5After paragraph 19 insert— Special procedure where investigation relates to...6(1) Paragraph 20A (accelerated procedure in special cases) is amended...7(1) Paragraph 20B (investigations managed or carried out by Commission:...8In paragraph 20D(2) (action by Commission on receipt of memorandum)...9(1) Paragraph 20E (other investigations: action by appropriate authority) is...10Omit paragraph 20G (special cases: Director of Public Prosecutions) and...11(1) Paragraph 21A (procedure where conduct matter is revealed in...12(1) Paragraph 22 (final reports on investigations) is amended as...13(1) Paragraph 23 (action by Commission in response to investigation...14(1) Paragraph 24 (action by the appropriate authority in response...15In paragraph 24A(2) (final reports on investigations into other DSI...16(1) Paragraph 24B (action in response to a report on...17(1) Paragraph 25 (appeals to Commission with respect to an...18(1) Paragraph 27 (duties with respect to disciplinary proceedings) is...19After paragraph 28 insert— Minor definitions In this Part of this Schedule— “gross misconduct” means a...SCHEDULE 24Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”The following is the Schedule to be inserted as Schedule...SCHEDULE 25Amendments to armed forces legislationPart 1 Courts-Martial (Appeals) Act 19681The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject...Power to dismiss certain appeals following references by the CCRC2After section 25B insert— Appeals following references by the CCRC...Interim hospital orders3Section 16(5) (effect of interim hospital order made by Appeal...4Section 25B(3) (as substituted by the Armed Forces Act 2006)...5Before section 36 (but after the cross-heading preceding it) insert—...6In section 36 (powers of Court under Part 2 which...Evidence7(1) Section 28 (evidence) is amended as follows. Appeals against procedural directions8In section 36C (appeals against procedural directions), subsections (1) and...Detention of accused pending appeal to Supreme Court9(1) Section 43 (as amended by the Armed Forces Act...Part 2Armed Forces Act 200610The Armed Forces Act 2006 (c. 52) has effect subject...Consecutive custodial sentences11In section 188(4) (consecutive custodial sentences), after “Part 12 of...Dangerous offenders12In section 209 (offenders under 18 convicted of certain serious...13(1) Section 219 (dangerous offenders aged 18 or over) is...14(1) Section 220 (certain violent or sexual offences: offenders aged...15(1) Section 221 (dangerous offenders aged under 18) is amended...16(1) Section 222 (offenders aged under 18: certain violent or...17(1) Section 223 (the required opinion for the purposes of...18(1) Section 228 (appeals where previous convictions set aside) is...19In section 237 (purposes of sentencing), in subsection (3)(b)— 20In section 256 (pre-sentence reports), in subsection (1)(c) for the...21In section 260 (discretionary custodial sentences: general restrictions), in subsection...22In section 261 (length of discretionary custodial sentences: general provision)—...23In section 273 (review of unduly lenient sentences by Court...Restrictions on imposing community punishment24In section 253(2)(h) (duties in complying with section 252) for...25In section 254(1) (savings for powers to mitigate sentence etc.)...26(1) Section 270 (community punishments: general restrictions etc.) is amended...27After section 270 insert— Community punishment available only for offences...Review of sentence on reference by Attorney General28In section 273 (reviews of unduly lenient sentencing by Court...Compensation for miscarriages of justice29(1) Section 276 (compensation for miscarriages of justice) is amended...30After section 276 insert— Miscarriages of justice: amount of compensation...31In section 373 (orders, regulations etc.) in subsection (3)(a), after...Imposition of unpaid work requirement for breach of service community order or overseas service community order32In paragraph 14(b) of Schedule 5 (modifications of Schedule 8...Suspended prison sentences: further conviction or breach of requirement33In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph...Part 3Transitional provisionsTransitional provisions: compensation for miscarriage of justice34(1) Paragraph 29(3) has effect in relation to any application...SCHEDULE 26Minor and consequential amendmentsPart 1Fine defaultersMagistrates' Courts Act 1980 (c. 43)1In section 81(3) of the Magistrates' Courts Act 1980 (enforcement...Criminal Justice Act 2003 (c. 44)2(1) The Criminal Justice Act 2003 is amended as follows....Part 2Other amendmentsPrison Act 1952 (c. 52)3In section 43(1)(aa) of the Prison Act 1952 (provision by...Criminal Justice Act 1961 (c. 39)4In section 38(3)(c) of the Criminal Justice Act 1961 (construction...Children and Young Persons Act 1969 (c. 54)5(1) Section 23AA of the Children and Young Persons Act...Criminal Appeal (Northern Ireland) Act 1980 (c. 47)6In section 13A(3) of the Criminal Appeal (Northern Ireland) Act...Wildlife and Countryside Act 1981 (c. 69)7In section 19XA(1) of the Wildlife and Countryside Act 1981...Mental Health Act 1983 (c. 20) 8In section 37 of the Mental Health Act 1983 (powers...Repatriation of Prisoners Act 1984 (c. 47)9The Repatriation of Prisoners Act 1984 has effect subject to...10Before section 1 insert— “ Transfer of prisoners to or...11(1) Section 1 (issue of warrant for transfer) is amended...12(1) Section 2 (transfer out of the United Kingdom) is...13(1) Section 3 (transfer into the United Kingdom) is amended...14(1) Section 4 (temporary return) is amended as follows 15Before section 5 (operation of warrant and retaking prisoners) insert—...16(1) Section 5 (operation of warrant and retaking prisoners) is...17(1) Section 6 (revocation etc. of warrants) is amended as...18(1) Section 8 is amended as follows. 19(1) The Schedule (operation of certain enactments in relation to...Police and Criminal Evidence Act 1984 (c. 60)20(1) In section 37B of the Police and Criminal Evidence...Criminal Justice Act 1987 (c. 38)21In section 1(17) of the Criminal Justice Act 1987 (application...Criminal Justice Act 1988 (c. 33)22The Criminal Justice Act 1988 has effect subject to the...23In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for...24In section 160(1) (offence of possession of indecent photographs of...Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))25In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern...Football Spectators Act 1989 (c. 37)26In paragraph 1(c), (k) and (q) of Schedule 1 to...Criminal Justice (International Co-operation) Act 1990 (c. 5)27In section 6(7) of the Criminal Justice (International Co-operation) Act...Broadcasting Act 1990 (c. 42)28(1) Section 167 of the Broadcasting Act 1990 (power to...Criminal Justice Act 1991 (c. 53)29(1) The Criminal Justice Act 1991 is amended as follows....Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)30In section 10 of the Prisoners and Criminal Proceedings (Scotland)...Crime (Sentences) Act 1997 (c. 43)31The Crime (Sentences) Act 1997 has effect subject to the...32(1) Schedule 1 (transfer of prisoners within the British Islands)...33(1) Schedule 2 (repatriation of prisoners to the British Islands)...Crime and Disorder Act 1998 (c. 37)34(1) Section 38(4) of the Crime and Disorder Act 1998...Youth Justice and Criminal Evidence Act 1999 (c. 23)35The Youth Justice and Criminal Evidence Act 1999 has effect...36(1) Section 35 (child complainants and other child witnesses) is...37(1) Section 62 (meaning of “sexual offence” and other references...38The amendments made by paragraphs 36 and 37 are deemed...39Where an order under section 61 of the Youth Justice...Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)40The Powers of Criminal Courts (Sentencing) Act 2000 has effect...41In section 12 (absolute and conditional discharge), in subsection (1)...42In section 24(5)(a) (first meeting: duration of contract), after “under...43In section 28(a) (offender etc. referred back to court), for...44In section 92 (detention under sections 90 and 91: place...45In section 116 (power to order return to prison where...46In section 130 (compensation orders), in subsection (2) for “section...47In section 146 (driving disqualification for any offence), in subsection...48In section 164 (further interpretative provisions), in subsection (3)(c) for...49(1) Schedule 1 (youth offender panels: further court proceedings) is...Criminal Justice and Court Services Act 2000 (c. 43)50In section 1 of the Criminal Justice and Court Services...Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)51In Article 10 of the Life Sentences (Northern Ireland) Order...Crime (International Co-operation) Act 2003 (c. 32)52In section 48(2)(b) of the Crime (International Co-operation) Act 2003...Sexual Offences Act 2003 (c. 42)53The Sexual Offences Act 2003 has effect subject to the...54(1) In section 83(6)(a) (notification requirements: initial notification) after “court”...55(1) In section 85(4)(a) (notification requirements: periodic notification) after “court”...56(1) Section 133 (interpretation) is amended as follows. 57(1) In section 138 (orders and regulations), at the end...58(1) Schedule 3 (sexual offences in respect of which offender...Criminal Justice Act 2003 (c. 44)59The Criminal Justice Act 2003 has effect subject to the...60(1) Section 23A (financial penalties) is amended as follows. 61After section 23A insert— Variation of conditions A relevant prosecutor may, with the consent of the offender,...62In section 25 (codes of practice) in subsection (2) after...63In sections 88(3), 89(9) and 91(5) (days to be disregarded...64In section 142 (purposes of sentencing), in subsection (2)(c) for...65In section 150 (circumstances in which community sentence not available),...66In section 152 (general restrictions on imposing custodial sentences), in...67In section 153 (length of discretionary custodial sentences: general provision),...68In section 163 (general power of Crown Court to fine)...69In section 224 (meaning of “specified offence” etc), in subsection...70Section 233 (offences under service law) is omitted. 71In section 264 (consecutive terms), in subsection (6)(a)(i) after “means”...72In section 305 (interpretation of Part 12), in subsection (4)—...73In section 273 (life prisoners transferred to England and Wales),...74(1) Section 325 (arrangements for assessing etc risks posed by...75In section 326(5)(a) (review of arrangements), for “and this section”...76In section 330(5)(a) (orders subject to the affirmative procedure) after...77In Part 4 of Schedule 37, in the entry relating...Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)78In paragraph 14 of Schedule 2 to the Criminal Justice...Terrorism Act 2006 (c. 11)79(1) Schedule 1 to the Terrorism Act 2006 (Convention offences)...Natural Environment and Rural Communities Act 2006 (c. 16)80In paragraph 7 of Schedule 5 to the Natural Environment...Police and Justice Act 2006 (c. 48)81(1) The Police and Justice Act 2006 is amended as...Armed Forces Act 2006 (c. 52)82(1) The Armed Forces Act 2006 has effect subject to...Offender Management Act 2007 (c. 21)83In section 1 of the Offender Management Act 2007 (meaning...SCHEDULE 27Transitory, transitional and saving provisionsPart 1Youth justiceAbolition of certain youth orders and related amendments1(1) Section 1, subsections (1) and (2) of section 6,...Reparation orders2(1) Sub-paragraph (2) applies if the amendments of Schedule 8...Making of youth rehabilitation orders: other existing orders3In paragraph 29(3)(c) of Schedule 1 (requirements not to conflict...Instructions: other existing orders4In section 5(3)(c) (instructions not to conflict with other obligations),...Fine default: section 35 of the Crime (Sentences) Act 19975The amendments, repeals and revocations in section 6, Schedule 4...Restrictions on imposing community sentences6In subsection (5) of section 148 of the Criminal Justice...Attendance centre rules7The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules...Part 2SentencingRelease and recall of prisoners8Nothing in the amendments made by section 26 affects the...9Section 33(1A) of the Criminal Justice Act 1991 (c. 53)...10The amendments made by subsections (3) and (5) of section...11In section 255A and 255C of the Criminal Justice Act...12The amendment made by subsection (1) of section 32 applies...Fine defaulters13(1) Section 39 and Schedule 7 do not apply— Part 3AppealsAppeals against conviction etc.14The amendment made by section 42 applies in relation to...15The amendment made by section 43 applies in relation to...Prosecution appeals16(1) The amendment made by section 44 applies in relation...17(1) The amendment made by section 45 applies in relation...Part 4Other criminal justice provisionsAlternatives to prosecution for offenders under 1818The amendments made by Schedule 9 do not apply in...Protection for spent cautions under Rehabilitation of Offenders Act 197419(1) Subject to the following provisions of this paragraph, the...20In the application of subsection (7) of section 9A of...Extension of powers of non-legal staff21A designation made under section 7A of the Prosecution of...Compensation for miscarriages of justice22(1) Section 61(3) has effect in relation to any application...Part 5Criminal lawPenalties for possession of extreme pornographic images23In section 67(4)(a) the reference to 12 months is to...Indecent photographs of children24(1) Section 69(3) applies in relation to things done as...Maximum penalty for publication etc. of obscene articles25Section 71 does not apply to offences committed before the...Offences relating to nuclear material and nuclear facilities26The new section 2 inserted into the Nuclear Material (Offences)...Reasonable force for purposes of self-defence etc.27(1) Section 76 applies whether the alleged offence took place...Unlawfully obtaining etc. personal data: defences28The amendment made by section 78 does not apply in...Part 6International co-operation in relation to criminal justice mattersMutual recognition of financial penalties29(1) The amendments made by subsection (1) of section 80,...Repatriation of prisoners30The amendment made by section 93 does not apply to...Part 7Violent offender ordersPenalties for offences31In section 113(7)(a) in its application in relation to England...Service custody and detention32(1) In relation to any time before the commencement of...Part 8Anti-social behaviourReview of anti-social behaviour orders etc.33(1) The amendments made by section 123 do not apply...Individual support orders34(1) The amendments made by section 124 do not apply...Part 9PolicePolice misconduct and performance procedures35(1) This paragraph applies if paragraphs 7, 8(3), 15 and...Part 10Special immigration statusConditions on designated persons36In the application of section 133 to England and Wales...Part 11MiscellaneousPersistent sales of tobacco to persons under 1837The new sections 12A and 12B inserted into the Children...Sexual offences38The amendment made by sub-paragraph (1) of paragraph 57 of...SCHEDULE 28Repeals and revocationsPart 1Youth rehabilitation ordersPart 2SentencingPart 3AppealsPart 4Other criminal justice provisionsPart 5Criminal lawPart 6International co-operation in relation to criminal justice mattersPart 7Anti-social behaviourPart 8Policing2008 c. 4An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.[8th May 2008]Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—