Criminal Justice and Immigration Act 2008

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77

In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, omit the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.

Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)

78

In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (saving from certain provisions of the Criminal Justice Act 2003 for sentences of imprisonment of less than 12 months), for “sections 244 to 268” substitute “ sections 244 to 264 and 266 to 268 ”.

Terrorism Act 2006 (c. 11)

79

• (1) Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows.

• (2) In the cross-heading before paragraph 6 (offences involving nuclear material), after “material” add “ or nuclear facilities ”.

• (3) In paragraph 6(1), after “section 1(1)” insert “ (a) to (d) ”.

• (4) For paragraph 6(2) and (3) substitute—

(2) An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)— (a) is directed at a nuclear facility or interferes with the operation of such a facility, and (b) causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material. (3) An offence under any of the following provisions of that Act— (a) section 1B (offences relating to damage to environment); (b) section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction); (c) section 2 (offences involving preparatory acts and threats). (4) Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.

• (5) After paragraph 6 insert—

(6A) (1) Any of the following offences under the Customs and Excise Management Act 1979— (a) an offence under section 50(2) or (3) (improper importation of goods) in connection with a prohibition or restriction relating to the importation of nuclear material; (b) an offence under section 68(2) (exportation of prohibited or restricted goods) in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material; (c) an offence under section 170(1) or (2) (fraudulent evasion of duty etc.) in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material. (2) In this paragraph “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).

Natural Environment and Rural Communities Act 2006 (c. 16)

80

In paragraph 7 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (powers of wildlife inspectors extended to certain other Acts) after paragraph (d) insert—

(da) section 19XB(1) and (4) (offences in connection with enforcement powers);

.

Police and Justice Act 2006 (c. 48)

81

• (1) The Police and Justice Act 2006 is amended as follows.

• (2) In subsection (1) of section 49 (orders and regulations)—

• (a) at the end of paragraph (a) insert “ or ”;

• (b) omit paragraph (c) and the “or” preceding it.

• (3) In paragraph 30 of Schedule 1 (National Policing Improvement Agency: inspections) omit sub-paragraph (3).

Armed Forces Act 2006 (c. 52)

82

• (1) The Armed Forces Act 2006 has effect subject to the following amendments.

• (2) In paragraph 12(ah) of Schedule 2 (offences)—

• (a) for “and 18 to 23” substitute “ , 18 to 23 and 29B to 29G ”, and

• (b) for “racial or religious hatred” substitute “ hatred by reference to race etc ”.

• (3) In paragraph 1(2) of Schedule 5 (service community orders: general)—

• (a) for “12, 13, 15, 16(5), 17(5) and (6)” substitute “ 13, 16(5), 17(6) ”, and

• (b) after “21” insert “ , 25A ”.

• (4) In paragraph 10(2)(b) of Schedule 5 (overseas community orders: general)—

• (a) for “12, 13, 15, 16(5), 17(5) and (6)” substitute “ 13, 16(5), 17(6) ”, and

• (b) for “and 23(1)(a)(ii)” substitute “ , 23(1)(a)(ii) and 25A ”.

Offender Management Act 2007 (c. 21)

83

In section 1 of the Offender Management Act 2007 (meaning of “the probation purposes”)—

• (a) in subsection (1)(b) for “authorised persons to be given assistance in” substitute “ the giving of assistance to persons ”, and

• (b) in subsection (4) for “ “authorised person” and “conditional caution” have” substitute “conditional caution” has ”.

SCHEDULE 27

Part 1 — Youth justice

Abolition of certain youth orders and related amendments

1

• (1) Section 1, subsections (1) and (2) of section 6, the amendments in Part 1 of Schedule 4 and the repeals and revocations in Part 1 of Schedule 28 do not have effect in relation to—

• (a) any offence committed before they come into force, or

• (b) any failure to comply with an order made in respect of an offence committed before they come into force.

• (2) So far as an amendment in Part 2 of Schedule 4 relates to any of the following orders, the amendment has effect in relation to orders made before, as well as after, the amendment comes into force—

• (a) a referral order made under the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

• (b) a reparation order made under that Act;

• (c) a community order made under section 177 of the Criminal Justice Act 2003 (c. 44).

Reparation orders

2

• (1) Sub-paragraph (2) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 108(1) to (5) of Schedule 4 (reparation orders: court before which offender to appear or be brought) come into force before the amendments of Schedule 8 to that Act made by paragraph 62 of that Schedule.

• (2) After paragraph 108(1) to (5) of Schedule 4 comes into force, and until paragraph 62 of that Schedule comes into force, paragraph 3 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—

• (a) in sub-paragraph (5)(a) and (c), for “the appropriate court” there were substituted “ a youth court ”, and

• (b) in sub-paragraph (6), for “appropriate” there were substituted “ youth ”.

• (3) Sub-paragraph (4) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 62 of Schedule 4 come into force before the amendments of Schedule 8 to that Act made by paragraph 108(1) to (5) of that Schedule (reparation orders: court before which offender to appear or be brought).

• (4) After paragraph 62 of Schedule 4 comes into force, and until paragraph 108(1) to (5) of that Schedule comes into force, paragraph 1 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—

• (a) for “an action plan order or” there were substituted “ a ”, and

• (b) the words “69(8) or, as the case may be,” were omitted.

Making of youth rehabilitation orders: other existing orders

3

In paragraph 29(3)(c) of Schedule 1 (requirements not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Instructions: other existing orders

4

In section 5(3)(c) (instructions not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Fine default: section 35 of the Crime (Sentences) Act 1997

5

The amendments, repeals and revocations in section 6, Schedule 4 and Part 1 of Schedule 28 of provisions which are necessary to give effect to section 35 of the Crime (Sentences) Act 1997 (c. 43) (fine defaulters) do not have effect in relation to a sum ordered to be paid where—

• (a) the sum is treated as adjudged to be paid on conviction, and

• (b) the act or omission to which the sum relates occurred, or the order was made, before the commencement of those repeals and amendments.

Restrictions on imposing community sentences

6

In subsection (5) of section 148 of the Criminal Justice Act 2003 (restrictions on imposing community sentences), as inserted by section 10 of this Act, the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Attendance centre rules

7

The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules made under subsection (1)(d) or (e) of section 222 of the Criminal Justice Act 2003 includes a reference to rules made, or having effect as if made, before the coming into force of that section under section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (provision, regulation and management of attendance centres).

Part 2 — Sentencing

Release and recall of prisoners

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

The amendments made by subsections (3) and (5) of section 28 do not apply in relation to any person who is released on licence under section 36(1) of the Criminal Justice Act 1991 before the commencement of section 28.

11

In section 255A and 255C of the Criminal Justice Act 2003 (which are inserted by section 29) “specified offence prisoner” is to be read as including a prisoner serving a determinate sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984 if—

• (a) the warrant was issued before the commencement of section 29; and

• (b) the offence or one of the offences for which the prisoner is serving that sentence corresponds to murder or to any offence specified in Schedule 15 to the Criminal Justice Act 2003.

12

The amendment made by subsection (1) of section 32 applies in relation to any person who is recalled under section 254(1) of the Criminal Justice Act 2003 on or after the commencement of section 32 but it is immaterial when the person was released on licence under Part 2 of the Criminal Justice Act 1991.

Fine defaulters

13

• (1) Section 39 and Schedule 7 do not apply—

• (a) in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or

• (b) where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.

• (2) Section 40 and paragraph 2(4) and (6) of Schedule 26 do not apply—

• (a) in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or

• (b) where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.

Part 3 — Appeals

Appeals against conviction etc.

14

The amendment made by section 42 applies in relation to an appeal under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.

15

The amendment made by section 43 applies in relation to an appeal under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.

Prosecution appeals

16

• (1) The amendment made by section 44 applies in relation to an appeal under Part 9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin on or after the date on which that section comes into force.

• (2) For the purposes of this paragraph, the proceedings on appeal begin—

• (a) if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is served on the Crown Court officer or, in the case of an oral application, on the date the application is made, or

• (b) if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the Crown Court officer.

• (3) In this paragraph, references to service on the Crown Court officer are to be read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).

17

• (1) The amendment made by section 45 applies in relation to an appeal under Part IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) if the proceedings on appeal begin on after the date on which that section comes into force.

• (2) For the purposes of this paragraph, the proceedings on appeal begin—

• (a) if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is made,

• (b) if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the proper officer, or

• (c) if leave to appeal is not required, on the date the prosecution informs the Crown Court judge that it intends to appeal.

• (3) In this paragraph, “the proper officer” has the same meaning as in the Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/159).

Part 4 — Other criminal justice provisions

Alternatives to prosecution for offenders under 18

18

The amendments made by Schedule 9 do not apply in relation to offences committed before the commencement of section 48.

Protection for spent cautions under Rehabilitation of Offenders Act 1974

19

• (1) Subject to the following provisions of this paragraph, the Rehabilitation of Offenders Act 1974 (c. 53) (as amended by Schedule 10 to this Act) applies to cautions given before the commencement date as it applies to cautions given on or after that date.

• (2) A caution given before the commencement date shall be regarded as a spent caution at a time determined in accordance with sub-paragraphs (3) to (8).

• (3) A caution other than a conditional caution (as defined in section 8A(2)(a) of the 1974 Act) shall be regarded as a spent caution on the commencement date.

• (4) If the period of three months from the date on which a conditional caution was given ends on or before the commencement date, the caution shall be regarded as a spent caution on the commencement date unless sub-paragraph (7) applies.

• (5) If the period of three months from the date on which a conditional caution was given ends after the commencement date, the caution shall be regarded as a spent caution at the end of that period of three months unless sub-paragraph (7) applies.

• (6) Sub-paragraph (7) applies if—

• (a) before the date on which the caution would be regarded as a spent caution in accordance with sub-paragraph (4) or (5) (“the relevant date”), the person concerned is convicted of the offence in respect of which the caution was given, and

• (b) the rehabilitation period for the offence ends after the relevant date.

• (7) The caution shall be regarded as a spent caution at the end of the rehabilitation period for the offence.

• (8) If, on or after the date on which the caution becomes regarded as a spent caution in accordance with sub-paragraph (4) or (5), the person concerned is convicted of the offence in respect of which the caution was given—

• (a) the caution shall be treated for the purposes of Schedule 2 to the 1974 Act as not having become spent in relation to any period before the end of the rehabilitation period for the offence, and

• (b) the caution shall be regarded as a spent caution at the end of that rehabilitation period.

• (9) In this paragraph, “the commencement date” means the date on which section 49 comes into force.

20

In the application of subsection (7) of section 9A of the Rehabilitation of Offenders Act 1974 (as inserted by paragraph 4 of Schedule 10) to offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks is to be read as a reference to 6 months.

Extension of powers of non-legal staff

21

A designation made under section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) which has effect immediately before the date on which section 55 comes into force continues to have effect on and after that date as if made under section 7A as amended by that section.

Compensation for miscarriages of justice

22

• (1) Section 61(3) has effect in relation to any application for compensation made in relation to—

• (a) a conviction which is reversed, and

• (b) a pardon which is given,

on or after the commencement date.

• (2) Section 61(4), (6) and (7) have effect in relation to—

• (a) any application for compensation made on or after the commencement date, and

• (b) any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 133(3) of the 1988 Act.

• (3) Section 61(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.

• (4) Section 61(5) so has effect whether a conviction was quashed before, on or after the commencement date.

• (5) In the case of—

• (a) a conviction which is reversed, or

• (b) a pardon which is given,

before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.

• (6) But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

• (7) In this paragraph—

• “the 1988 Act” means the Criminal Justice Act 1988 (c. 33);

• “application for compensation” means an application for compensation made under section 133(2) of the 1988 Act;

• “the commencement date” means the date on which section 61 comes into force;

• “reversed” has the same meaning as in section 133 of the 1988 Act (as amended by section 61(5)).

Part 5 — Criminal law

Penalties for possession of extreme pornographic images

23

In section 67(4)(a) the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.

Indecent photographs of children

24

• (1) Section 69(3) applies in relation to things done as mentioned in—

• (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 articles

25

Section 71 does not apply to offences committed before the commencement of that section.

Offences relating to nuclear material and nuclear facilities

26

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.

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.

• (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—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); orany 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.

Unlawfully obtaining etc. personal data: defences

28

The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.

Part 6 — International co-operation in relation to criminal justice matters

Mutual recognition of financial penalties

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repatriation of prisoners

30

The amendment made by section 93 does not apply to warrants under section 1 of the Repatriation of Prisoners Act 1984 issued before the commencement of that section.

Part 7 — Violent offender orders

Penalties for offences

31

In section 113(7)(c) the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.

Service custody and detention

32

• (1) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006 (c. 52)—

• (a) the definition of “kept in service custody” in section 117(1) of this Act does not apply; and

• (b) any reference in Part 7 to being kept in service custody is to be read as a reference to being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 47G(2) of the Naval Discipline Act 1957 (c. 53) (as the case may be).

• (2) In relation to any time before the commencement of the definition of “service detention” in section 374 of the Armed Forces Act 2006—

• (a) the definition of “service detention” in section 117(1) of this Act does not apply; and

• (b) any reference in Part 7 to service detention is to be read as a reference to detention under section 71(1)(e) of the Army Act 1955 or of the Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.

Part 8 — Anti-social behaviour

Review of anti-social behaviour orders etc.

33

• (1) The amendments made by section 123 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day.

• (2) In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).

Individual support orders

34

• (1) The amendments made by section 124 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day.

• (2) In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).

Part 9 — Police

Police misconduct and performance procedures

35

• (1) This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 22 come into force before the relevant provisions of the Legal Services Act 2007 (c. 29) come into force.

• (2) Until the relevant provisions of the Legal Services Act 2007 come into force—

• (a) section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph 7 of that Schedule and as referred to in the subsection (4) of section 85 of that Act substituted by paragraph 8(3) of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—

“relevant lawyer” means counsel or a solicitor;

; and

• (b) section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as substituted by paragraph 15 of that Schedule and as referred to in subsection (7) of the section 4A of that Act substituted by paragraph 16 of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—

“relevant lawyer” means counsel or a solicitor;

.

• (3) In this paragraph “the relevant provisions of the Legal Services Act 2007” means the provisions of that Act which provide, for the purposes of that Act, for a person to be an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

Part 10 — Special immigration status

Conditions on designated persons

36

In the application of section 133 to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in section 133(6)(b) to 51 weeks is to be read as a reference to six months.

Part 11 — Miscellaneous

Persistent sales of tobacco to persons under 18

37

The new sections 12A and 12B inserted into the Children and Young Persons Act 1933 (c. 12) by section 143 do not apply where any of the offences mentioned in those new sections were committed before the commencement of that section.

Sexual offences

38

The amendment made by sub-paragraph (1) of paragraph 57 of Schedule 26 is not to be read as affecting the validity of any supplementary, incidental, consequential, transitional, transitory or saving provisions included in orders or regulations made by the Secretary of State under the Sexual Offences Act 2003 (c. 42) before the commencement of that sub-paragraph.

SCHEDULE 28

Part 1 — Youth rehabilitation orders

Part 2 — Sentencing

Part 3 — Appeals

Part 4 — Other criminal justice provisions

Part 5 — Criminal law

Part 6 — International co-operation in relation to criminal justice matters

Part 7 — Anti-social behaviour

Part 8 — Policing

Restriction on power to make a community order

Responsible officer and offender: duties in relation to the other

Youth rehabilitation orders: interpretation

Purposes etc. of sentencing: offenders under 18

Effect of restriction on imposing community sentences

Restriction on power to make a community order

Further review and release of prisoners after recall

Sentences of detention for public protection

Extended sentences for certain violent or sexual offences: persons 18 or over

Extended sentences for certain violent or sexual offences: persons under 18

The assessment of dangerousness

Further amendments relating to sentences for public protection

Consecutive terms of imprisonment

Protection for spent cautions under Rehabilitation of Offenders Act 1974

Credit for period of remand on bail: other cases

Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003

Release of certain long-term prisoners under Criminal Justice Act 1991

Disclosure of information for enforcing fines

Further amendments relating to appeals in criminal cases

Further review and release of prisoners after recall

Trial or sentencing in absence of accused in magistrates' courts

Release of prisoners recalled following release under Criminal Justice Act 1991

Removal under Criminal Justice Act 1991

Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation

Interpretation of Part 7

Sexual offences prevention orders: relevant sexual offences

Maximum penalty for publication etc. of obscene articles

Police misconduct and performance procedures

Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994

Notification requirements: prescribed information

Amendments to armed forces legislation

Requests to other member States: England and Wales

Procedure on issue of certificate: Northern Ireland

Modification of Magistrates' Courts Act 1980 etc

Persistent sales of tobacco to persons under 18

Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation

Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation

Extension of powers of non-legal staff

Offences relating to the physical protection of nuclear material and nuclear facilities

Power to require data controllers to pay monetary penalty

Orders, rules and regulations

Consequential etc. amendments and transitional and saving provision

Persistent sales of tobacco to persons under 18

Amendments to armed forces legislation

Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

Exclusion of classified films etc.

Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994

Indecent photographs of children: Northern Ireland

Amendments to armed forces legislation

Offences committed outside the United Kingdom

Grooming and adoption

Hatred on the grounds of sexual orientation

Reasonable force for purposes of self-defence etc.

Abolition of common law offences of blasphemy and blasphemous libel

Requests to other member States: England and Wales

Requests to other member States: Northern Ireland

Requests from other member States: England and Wales

Modification of Magistrates' Courts Act 1980

Procedure on receipt of certificate by clerk of petty sessions

Transfer of certificates by Department of Justice to Lord Chancellor and vice versa

Amendments relating to Scotland

Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation

Qualifying offenders

Notification requirements: periodic notification

Interpretation of Part 7

Offence of causing nuisance or disturbance on NHS premises

Individual support orders

Parenting contracts and parenting orders: local authorities

Investigation of complaints of police misconduct etc.

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

Disclosure of information about convictions etc. of child sex offenders to members of the public

Sexual offences prevention orders: relevant sexual offences

Notification requirements: prescribed information

Persistent sales of tobacco to persons under 18

Power to require data controllers to pay monetary penalty

Convention against human trafficking

Consequential etc. amendments and transitional and saving provision

Imposition of requirements

Electronic monitoring requirement

Youth rehabilitation order with intensive supervision and surveillance

Youth rehabilitation order with fostering

Intensive supervision and surveillance and fostering: further provisions

Activity requirement

Activity requirement: instructions of responsible officer under paragraph 6(1)(d)

Activity requirement: further provisions

Supervision requirement

Unpaid work requirement

Programme requirement

Attendance centre requirement

Prohibited activity requirement

Curfew requirement

Exclusion requirement

Residence requirement

Local authority residence requirement

Fostering requirement

Pre-conditions to imposing local authority residence requirement or fostering requirement

Mental health treatment requirement

Mental health treatment at place other than that specified in order

Drug treatment requirement

Drug testing requirement

Intoxicating substance treatment requirement

Education requirement

Electronic monitoring requirement

Power to amend limits

Family circumstances

Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.

Date of taking effect and other existing orders

Concurrent and consecutive orders

Date for compliance with requirements to be specified in order

Local justice area to be specified in order

Provision of copies of orders

Power to provide for court review of orders

Order made by Crown Court: direction in relation to further proceedings

Interpretation

Orders made on appeal

Duty to give warning

Breach of order

Issue of summons or warrant by justice of the peace

Powers of magistrates' court

Power of magistrates' court to refer offender to Crown Court

Powers of Crown Court

Restriction of powers in paragraphs 6 and 8 where treatment required

Power to amend amounts of fines

Revocation of order with or without re-sentencing: powers of appropriate court

Revocation of order with or without re-sentencing: powers of Crown Court

Amendment by appropriate court

Amendment by Crown Court

Exercise of powers under paragraph 13(2) or 14(2): further provisions

Exercise of powers under paragraph 13(4) or 14(4): further provisions

Extension of unpaid work requirement

Powers of magistrates' court following subsequent conviction

Powers of Crown Court following subsequent conviction

Appearance of offender before court

Warrants

Adjournment of proceedings

Restrictions on imposition of intensive supervision and surveillance or fostering

Provision of copies of orders etc.

Power to amend maximum period of fostering requirement

Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2

Modifications to Part 1

Meaning of “supervision”

Application of this Part

Interpretation

Effect of the youth rehabilitation order in Northern Ireland

Duty of offender to keep in touch with relevant officer

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction

Powers of the home court in respect of the youth rehabilitation order

Powers of court in England or Wales before which the offender is required to appear

Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland

Children and Young Persons Act 1933 (c. 12)

Criminal Appeal Act 1968 (c. 19)

Firearms Act 1968 (c. 27)

Health Services and Public Health Act 1968 (c. 46)

Social Work (Scotland) Act 1968 (c. 49)

Children and Young Persons Act 1969 (c. 54)

Rehabilitation of Offenders Act 1974 (c. 53)

Bail Act 1976 (c. 63)

Magistrates' Courts Act 1980 (c. 43)

Contempt of Court Act 1981 (c. 49)

Criminal Justice Act 1982

Mental Health Act 1983 (c. 20)

Child Abduction Act 1984 (c. 37)

Prosecution of Offences Act 1985 (c. 23)

Children Act 1989 (c. 41)

Criminal Justice Act 1991 (c. 53)

Criminal Justice and Public Order Act 1994 (c. 33)

Criminal Procedure (Scotland) Act 1995 (c. 46)

Education Act 1996 (c. 56)

Crime and Disorder Act 1998 (c. 37)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Child Support, Pensions and Social Security Act 2000 (c. 19)

Criminal Justice and Court Services Act 2000 (c. 43)

Criminal Justice Act 2003 (c. 44)

Violent Crime Reduction Act 2006 (c. 38)

Offender Management Act 2007 (c. 21)

Children and Young Persons Act 1933 (c. 12)

Children and Young Persons Act 1969 (c. 54)

Bail Act 1976 (c. 63)

Magistrates' Courts Act 1980 (c. 43)

Child Abduction Act 1984 (c. 37)

Children Act 1989 (c. 41)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice Act 2003 (c. 44)

General

Unpaid work requirement

Attendance centre requirement

Curfew requirement

Enforcement, revocation and amendment of youth default order

Power to alter amount of money or number of hours or days

Transfer of youth default order to Northern Ireland

Time limit on grant of certificates of fitness for appeal

Powers of Court to substitute different sentence

Interim hospital orders

Evidence

Powers of single judge

Appeals against procedural directions

Detention of defendant pending appeal to Supreme Court

Time limit on grant of certificates of fitness for appeal

Powers of Court to substitute different sentence

Interim hospital orders

Evidence

Detention of defendant pending appeal to Supreme Court

Powers of single judge

Detention of defendant pending appeal from High Court to Supreme Court

Variation of sentences by Crown Court

Domestic service providers: extension of liability

Non-UK service providers: restriction on institution of proceedings

Exceptions for mere conduits

Exception for caching

Exception for hosting

Interpretation

Meeting a child following sexual grooming

Adoption

Person residing in England and Wales

Person residing in Northern Ireland

Person having property etc. in England and Wales

Person having property etc. in Northern Ireland

Person having property etc. in England and Wales and Northern Ireland

Person having property etc. in England and Wales and Scotland

Person having property etc. in Northern Ireland and Scotland

Person having property etc. in England and Wales, Scotland and Northern Ireland

Interpretation

After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where drugs used unlawfully) insert the following Part.

Offence of causing nuisance or disturbance on HSS premises

Power to remove person causing nuisance or disturbance

Guidance about the power to remove etc.

General duty of Secretary of State

Regulations for police forces

Regulations for special constables

Police Federations

Police Advisory Board

Representation at disciplinary and other proceedings

Appeals against dismissal etc.

Guidance concerning disciplinary proceedings etc.

Police officers engaged on service outside their force

Police Appeals Tribunals

Defence Police Federation

Regulations relating to disciplinary matters

Representation etc. at disciplinary proceedings

Appeals against dismissal etc.

Police regulations: general

Police regulations: special constables

Police regulations by Secretary of State

Regulations: further appeal

The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—

Power to dismiss certain appeals following references by the CCRC

Interim hospital orders

Evidence

Appeals against procedural directions

Detention of accused pending appeal to Supreme Court

Consecutive custodial sentences

Dangerous offenders

Restrictions on imposing community punishment

Review of sentence on reference by Attorney General

Compensation for miscarriages of justice

Imposition of unpaid work requirement for breach of service community order or overseas service community order

Suspended prison sentences: further conviction or breach of requirement

Transitional provisions: compensation for miscarriage of justice

Magistrates' Courts Act 1980 (c. 43)

Criminal Justice Act 2003 (c. 44)

Prison Act 1952 (c. 52)

Criminal Justice Act 1961 (c. 39)

Children and Young Persons Act 1969 (c. 54)

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

Wildlife and Countryside Act 1981 (c. 69)

Mental Health Act 1983 (c. 20)

Repatriation of Prisoners Act 1984 (c. 47)

Police and Criminal Evidence Act 1984 (c. 60)

Criminal Justice Act 1987 (c. 38)

Criminal Justice Act 1988 (c. 33)

Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))

Football Spectators Act 1989 (c. 37)

Criminal Justice (International Co-operation) Act 1990 (c. 5)

Broadcasting Act 1990 (c. 42)

Criminal Justice Act 1991 (c. 53)

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

Crime (Sentences) Act 1997 (c. 43)

Crime and Disorder Act 1998 (c. 37)

Youth Justice and Criminal Evidence Act 1999 (c. 23)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice and Court Services Act 2000 (c. 43)

Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)

Crime (International Co-operation) Act 2003 (c. 32)

Sexual Offences Act 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)

Terrorism Act 2006 (c. 11)

Natural Environment and Rural Communities Act 2006 (c. 16)

Police and Justice Act 2006 (c. 48)

Armed Forces Act 2006 (c. 52)

Offender Management Act 2007 (c. 21)

Abolition of certain youth orders and related amendments

Reparation orders

Making of youth rehabilitation orders: other existing orders

Instructions: other existing orders

Fine default: section 35 of the Crime (Sentences) Act 1997

Restrictions on imposing community sentences

Attendance centre rules

Release and recall of prisoners

Fine defaulters

Appeals against conviction etc.

Prosecution appeals

Alternatives to prosecution for offenders under 18

Protection for spent cautions under Rehabilitation of Offenders Act 1974

Extension of powers of non-legal staff

Compensation for miscarriages of justice

Penalties for possession of extreme pornographic images

Indecent photographs of children

Maximum penalty for publication etc. of obscene articles

Offences relating to nuclear material and nuclear facilities

Reasonable force for purposes of self-defence etc.

Unlawfully obtaining etc. personal data: defences

Mutual recognition of financial penalties

Repatriation of prisoners

Penalties for offences

Service custody and detention

Review of anti-social behaviour orders etc.

Individual support orders

Police misconduct and performance procedures

Conditions on designated persons

Persistent sales of tobacco to persons under 18

Sexual offences

Editorial notes

[^c1931238]: S. 73 partly in force; s. 73 not in force at Royal Assent; s. 73 in force for certain purposes at 8.7.2008, see s. 153(2)(e)(3)

[^c1931241]: S. 74 partly in force at Royal Assent, see s. 153(1)(j)(3)

[^c1931113]: S. 138 partly in force; s. 138(1)-(4) in force at Royal Assent, see s. 153(1)(d)

[^c1931120]: S. 148(1) in force at Royal Assent for specified purposes, see s. 153(1)(a)(k)(3) and in force for further specified purposes at 8.7.2008, see s. 153(2)(b)(c)(3); s. 148(2) in force for specified purposes at 8.7.2008, see s. 153(2)(f)(3); s. 148(3)-(7) in force at Royal Assent, see s. 153(1)(f)

[^c1931231]: S. 149 partly in force; s. 149 in force for specified purposes at Royal Assent, see s. 153(1)(a)(j)(3) and in force for certain further purposes at 8.7.2008, see s. 153(2)(a)(d)(3)

[^c1931176]: Sch. 16 para. 6(3) in force at Royal Assent, see s. 153(1)(j)

[^c1931221]: Sch. 28 Pt. 4 partly in force; Sch. 28 Pt. 4 partly in force at Royal Assent, see s. 153(1)(a) and further in force for certain purposes at 8.7.2008, see s. 153(2)(a)

[^c1931230]: Sch. 28 Pt. 5 partly in force at Royal Assent, see s. 153(1)(j) and further in force for certain purposes at 8.7.2008, see s. 153(2)(d)

[^key-2631a3f13088b571946f3d0699e25c54]: S. 148(1)(2) in force at 9.6.2008 for specified purposes by S.I. 2008/1466, art. 2(b)

[^key-3525e7e02e63a776584ec557045f0fbc]: Sch. 26 para. 9 in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i)

[^key-7b9f0b13f585990fed5c99883aa4b370]: Sch. 26 para. 12(1)(3)(b) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i)

[^key-d6deddae09897129d928d0ae5fc149e2]: Sch. 26 para. 19(1)(4) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i) (with art. 4)

[^key-be984585fcf5756f3ab03bf515e350d5]: Sch. 26 para. 29(1)(2)(5) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(ii)

[^key-54db9f399b0fc60f0c877bac225550b0]: Sch. 26 para. 31 in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iii)

[^key-39ab7fca233923b4ccb0e2bbde8ec781]: Sch. 26 para. 33(1)-(3) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iii)

[^key-20229f0516f0f67138c54fa2dc4ad724]: S. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 11

[^key-e25780c06fc078b81fc2aba6d821a4fa]: S. 25 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 12 (with savings in Sch. 2 para. 2)

[^key-6138d7a94f971de3f16bacef0b7a5d75]: S. 29 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (with Sch. 2 para. 3)

[^key-29e5c187df4844a641fb4247ed9ee246]: S. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (with Sch. 2 para. 3)

[^key-78cd92a1bed39c6cc6ca4cc6f599bca6]: S. 31 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 17

[^key-1894a038aca5f68f32709e32ed9ac306]: S. 40 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 20

[^key-47d356e44e5f5246a126b858a798c1a4]: S. 42 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 21

[^key-6ff8b6c197162ce15f34223ad07208c0]: S. 43 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 22

[^key-770a197bda8d762f4020d0203809d839]: S. 44 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 23

[^key-9b5cfdd208144c124cfea32c4c12f809]: S. 45 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 24

[^key-261798a8851819a444f4c80ad5d48730]: S. 46(1)(3) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 25

[^key-d58c85020883fdf81424e0275680e1a9]: S. 47 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-89caa6826f259aa38e8c4a968c8fd9d2]: Sch. 8 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-3cbdd194c9af3d4322481f26301d4733]: Sch. 8 para. 2 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-92cc95aadf79d97b1ffcf40cf7e59e7a]: Sch. 8 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-c1e0df3588bbf2ca4344a8b57f42c146]: Sch. 8 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-5dd33b31b52e04eca7e39dbe101ea7b5]: Sch. 8 para. 5 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-2e284860b9b80daecd2264f4cfd83f08]: Sch. 8 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)

[^key-ecbe6afe1ab77d8ea9e49cdff653a9ed]: Sch. 8 para. 7 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

[^key-63ac8fb20c7ff74876a27f8f74bb01cd]: Sch. 8 para. 8 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

[^key-edc7e4e039d6ae70a1d58ca7e76dc6a9]: Sch. 8 para. 9 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)

[^key-c5b3cc9dd5479db310a9def3e44d315b]: Sch. 8 para. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-4af51f2742024d19f80775da1752aeb1]: Sch. 8 para. 11 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-c0334412502ca06103da440d170b39f6]: Sch. 8 para. 12 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 6)

[^key-8d768f0a02332f386642f27e0744c101]: Sch. 8 para. 13 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 714)

[^key-77ba93eeef2307251e2f82b66159b828]: Sch. 8 para. 14 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-fd0d8a979c5b307f48672dfc2c3bb0ae]: Sch. 8 para. 15 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-d1f865b431ca72c42925e1da7872af9d]: Sch. 8 para. 16 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-16e5acba4b6042887e04e38930eb80bf]: Sch. 8 para. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-89feb8928999f9f4163b4a17108cd36c]: Sch. 8 para. 18 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 8)

[^key-83ac535c9b1ae3bfcd1b01c811a3033f]: Sch. 8 para. 19 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)

[^key-6996b0c9e4fb6c6ae4b026e583e41638]: Sch. 8 para. 20 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)

[^key-0d2669a2bd6738f76d22e55d51346a1a]: Sch. 8 para. 21 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)

[^key-d6465a1860e7271dddf83c161a810fd7]: Sch. 8 para. 22 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-74c6c6824a2345df3e0ecec1682a9b8b]: Sch. 8 para. 23 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-e5d22593d5e568f07cb5412ec3b2f68e]: Sch. 8 para. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 1014)

[^key-452dbc21a3d5204259c7b379d693aae2]: Sch. 8 para. 25 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26

[^key-f0aece436a09d9e780fc9341c05a640a]: Sch. 8 para. 26 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 1114)

[^key-a20307bec523cd9c6505412fb7c580ad]: Sch. 8 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 12)

[^key-633ed4f9935ba098f8a18ad2dd74309a]: S. 52 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

[^key-8880c0422580ca4453974e25aee9b656]: Sch. 12 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

[^key-10917e55887ae24645061328f359e928]: Sch. 12 para. 2 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

[^key-61cd8b8bd54451703f41a04ed59907af]: Sch. 12 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27

[^key-d4d806dc454255069c34b769fa5a2635]: Sch. 12 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27