The Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1587 |
| Year | 2008 |
2008 No. 1587
Criminal Law, England And Wales
Criminal Law, Northern Ireland
Prisons
The Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008
Made 17th June 2008
Laid before Parliament 19th June 2008
Coming into force 14th July 2008
The Secretary of State makes this Order in exercise of the powers conferred by section 148(3) and (4)(a) of the Criminal Justice and Immigration Act 20081.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008 and shall come into force on 14th July 2008.
(2) In this Order—
“the 2003 Act” means the Criminal Justice Act 20032;
“the 2008 Act” means the Criminal Justice and Immigration Act 2008.
Modifications for sentencing of offenders aged at least 18 but under 21
2.—(1) In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 20003(abolition of sentences of detention in a young offender institution, custody for life etc), the following provisions of Part 12 of the 2003 Act shall have effect subject to the modifications specified in paragraphs (2) to (4).
(2) Section 225 (life sentence or imprisonment for public protection for serious offences) has effect as if—
(a)
(a) in subsection (3)4, after the words “public protection” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of detention in a young offender institution for public protection”;
(b)
(b) in subsection (3C)5, after the words “public protection” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of detention in a young offender institution for public protection”.
(3) Section 227 (extended sentence for certain violent or sexual offences: persons 18 or over) has effect as if —
(a)
(a) in subsection (1)(c)6, after the words “a sentence of imprisonment for life” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of custody for life”;
(b)
(b) in subsection (2B)7, after the words “extended sentence of imprisonment” there were inserted “or, in the case of an offender aged at least 18 but under 21, an extended sentence of detention in a young offender institution”;
(c)
(c) in subsection (2C)8—
(i) after the words “extended sentence of imprisonment” there were inserted “or, in the case of an offender aged at least 18 but under 21, an extended sentence of detention in a young offender institution”; and
(ii) after the words “a sentence of imprisonment” there were inserted “or detention in a young offender institution”.
(4) Section 305(4)(c)9has effect as if, after the words “a sentence of imprisonment for life” there were inserted “or, in the case of a person aged at least 18 but under 21, a sentence of custody for life”.
Modifications in relation to the release and recall of offenders aged at least 18 but under 21
3. In relation to any sentence passed before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, section 255A(14) of the 2003 Act10(further release after recall) has...
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