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The Criminal Justice Act 1988 (Commencement No. 1) Order 1988

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Statutory Instruments

1988 No. 1408 (C. 53)

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Commencement No. 1) Order 1988

Made

5th August 1988

In exercise of the power conferred upon me by section 171(1) of the Criminal Justice Act 1988(1) I hereby make the following Order:—

1.  This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 1) Order 1988.

2.—(1) Subject to paragraph (2) below, the provisions of the Criminal Justice Act 1988 referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 1st October 1988.

(2) Nothing in this Order shall bring into force any provision of the Criminal Justice Act 1988 in its application to Scotland and, accordingly, this Order does not extend to Scotland.

Douglas Hurd

One of Her Majesty’s Principal Secretaries of State

Home Office

5th August 1988

Article 2

SCHEDULEPROVISIONS OF THE CRIMINAL JUSTICE ACT 1988 COMING INTO FORCE ON 1st OCTOBER 1988

Column 1Column 2
Provisions of the ActSubject matter of provisions
Section 123 and Schedule 8Custodial sentences for young offenders
Section 125Abolition of power of court to commit juvenile to remand centre instead of local authority care
Section 126Amendment of section 53(2) of the Children and Young Persons Act 1933 (c. 12)
Section 127Payment of fine by parent or guardian
Section 128 and Schedule 10Supervision
Section 170(1), to the extent necessary to bring into force the provisions of Schedule 15 specified in Appendix A heretoMinor and consequential amendments
Section 170(2), to the extent necessary to bring into force the provisions of Schedule 16 specified in Appendix B heretoRepeals
So much of Schedule 15 as is specified in Appendix A heretoMinor and consequential amendments
So much of Schedule 16 as is specified in Appendix B heretoRepeals

APPENDIX APROVISIONS OF SCHEDULE 15 COMING INTO FORCE ON 1st OCTOBER 1988

So much of Schedule 15 as amends the following enactments:—

APPENDIX BREPEALS TAKING EFFECT ON 1st OCTOBER 1988

ChapterShort TitleExtent of repeal
15 and 16 Geo. 6. and 1 Eliz. 2. c.52Prison Act 1952Section 43(1)(b) and (c)
9 and 10 Eliz. 2. c.39Criminal Justice Act 1961Section 2.
1968 c. 27Firearms Act 1968

In section 21(2) the words “to borstal training; to corrective training for less than three years or”.

In section 52(1)(a), the words “preventive detention, corrective training, borstal training,”.

1969 c. 54Children and Young Persons Act 1969

In section 16(10), the words from “and the provisions” to the end.

Section 22(5).

Section 34(1)(f ).

1973 c. 62Powers of Criminal Courts Act 1973In section 57(3), the definition of “detention centre”.
1977 c. 45Criminal Law Act 1977In Schedule 12, in the entry relating to the Children and Young Persons Act 1969, paragraph 4(b) and (c).
1980 c. 9Reserve Forces Act 1980In Schedule 1, paragraph 5(c)(ii) and the word “or” immediately preceding it.
1982 c. 48Criminal Justice Act 1982

Sections 4 to 7.

Section 12(1) to (5), (8) and (9).

Section 14.

Section 20(1).

In Schedule 8, paragraphs 3(c) and 7(d).

1984 c. 47Repatriation of Prisoners Act 1984In Schedule 1, paragraph 4.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st October 1988 sections 123, 125, 126, 127 and 128 of the Criminal Justice Act 1988 and associated amendments and repeals. These provisions introduce a new sentence of detention in a young offender institution, to replace the youth custody sentence and detention centre order, and amend certain provisions of the Children and Young Persons Act 1933 and the Children and Young Persons Act 1969 in relation to young offenders. The Order does not affect Scotland.

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