- Latest available (Revised)
- Point in Time (26/01/2009)
- Original (As enacted)
Criminal Justice and Immigration Act 2008
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes over time for: Part 5
Version Superseded: 30/11/2009
Alternative versions:
Status:
Point in time view as at 26/01/2009. This version of this part contains provisions that are not valid for this point in time.
Status
Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.
Changes to legislation:
Criminal Justice and Immigration Act 2008,
Part 5
is up to date with all changes known to be in force on or before 27 April 2024. 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
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Part 5 U.K.Criminal law
Penalties for possession of extreme pornographic imagesU.K.
23U.K.In section 67(4)(a) the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44).
Commencement Information
I1Sch. 27 para. 23 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)
Indecent photographs of childrenU.K.
24(1)Section 69(3) applies in relation to things done as mentioned in—U.K.
(a)section 1(1) of the Protection of Children Act 1978 (c. 37) (offences relating to indecent photographs of children), or
(b)section 160(1) of the Criminal Justice Act 1988 (c. 33) (offence of possession of indecent photographs of children),
after the commencement of section 69.
(2)Section 70(3) applies in relation to things done as mentioned in—
(a)Article 3(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (offences relating to indecent photographs of children), or
(b)Article 15(1) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (offence of possession of indecent photographs of children),
after the commencement of section 70.
Maximum penalty for publication etc. of obscene articlesU.K.
25U.K.Section 71 does not apply to offences committed before the commencement of that section.
Commencement Information
I2Sch. 27 para. 25 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)
Valid from 30/11/2009
Offences relating to nuclear material and nuclear facilitiesU.K.
26U.K.The new section 2 inserted into the Nuclear Material (Offences) Act 1983 (c. 18) by paragraph 4 of Schedule 17 and the repeal in Part 5 of Schedule 28 of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to anything done before the date on which Schedule 17 comes into force.
Reasonable force for purposes of self-defence etc.U.K.
27(1)Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force.U.K.
(2)But that section does not apply in relation to—
(a)any trial on indictment where the arraignment took place before that date, or
(b)any summary trial which began before that date,
or in relation to any proceedings in respect of any trial within paragraph (a) or (b).
(3)Where the alleged offence is a service offence, that section similarly does not apply in relation to—
(a)any proceedings before a court where the arraignment took place before that date, or
(b)any summary proceedings which began before that date,
or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b).
(4)For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins.
(5)In this paragraph—
“service offence” means—
(a)any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53); or
(b)any offence under Part 1 of the Armed Forces Act 2006 (c. 52);
“summary proceedings” means summary proceedings conducted by a commanding officer or appropriate superior authority.
Commencement Information
I3Sch. 27 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
Prospective
Unlawfully obtaining etc. personal data: defencesU.K.
28U.K.The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Schedule
PrintThis Part only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open the Whole Act without Schedules
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.