UK Offence Report

Transitional provisions

article 3(f) of The Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

f long-term prisoners serving sentences of imprisonment for an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d) of this article.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 3(f)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
7 June 2008
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

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.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source