The Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008

UK Statutory Instrument 2008 No. 1466 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 7 June 2008
In force from: Not determined
Extent: Not stated
Subject: Courts, police, prisons and the administration of justice
Made under: Criminal Justice and Immigration Act 2008, England And Wales The Criminal Justice and Immigration Act 2008

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order brings into force section 26 and related provisions of the Criminal Justice and Immigration Act 2008 on 9th June 2008, subject to the transitional provisions in articles 3 and 4. Section 26 imposes a duty on the Secretary of State to release certain long-term prisoners (prisoners serving sentences of imprisonment of at least four years) subject to the release arrangements in the Criminal Justice Act 1991 (‘the 1991 Act’) at the half-way point of their sentence on licence until sentence expiry. The transitional provision in article 3 provides that the duty to release prisoners at the half-way point does not apply to prisoners who were serving their sentence at the time the 1991 Act was commenced and whose release arrangements are governed by paragraph 8 of Schedule 12 to the 1991 Act. Article 3 also provides that the duty to release does not apply to long-term prisoners who have committed certain offences under the Terrorism Act 2000, the Anti-terrorism, Crime and Security Act 2001 and the Sexual Offences Act 1956. Article 4 concerns the requirement in paragraph 19(4) of Schedule 26 to calculate the section 26 release date for a repatriated prisoner from the date on which the provisions of the warrant specified in paragraph 1 of the Schedule to the Repatriation of Prisoners Act 1984 take effect. By virtue of the transitional provision in article 4, that requirement will not apply to repatriated prisoners whose warrants were issued prior to 9th June 2008.

Offences created by this instrument

Transitional provisions article 3 · Status not determined · Strict liability
Transitional provisions article 3(f) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Legal Aid, Sentencing and Punishment of Offenders Bill Lords · Lords Chamber · 9 February 2012
179A: Before Schedule 16, insert the following new Schedule— “SCHEDULEAmendments of the Criminal Justice Act 2003: transitional and consequential provisionsPart 1Transitional provisions1 The Criminal Justice Act 2003 is amended as follows. 2 After section 267 insert— “267A Application of Chapter 6 to pre-4 April 2005 cases Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.” 3 After Schedule 20 insert— “SCHEDULE 20A Section 267AApplication of Chapter 6 of Part 12 to pre-4 April…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2008