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The Criminal Justice and Immigration Act 2008

The Criminal Justice and Immigration Act 2008 is the latest step in the Government’s programme of reform of the criminal justice system 29 October 2008. The Act builds on the already considerable reforms made over the past ten years to the Criminal Justice System.

The Act introduces many important measures that affect current legal practice. These includes provisions to:

  • enable a new special immigration status for terrorists and serious criminals who cannot be currently removed from the UK
  • allow Courts to make dangerous offenders serve a higher proportion of their tariff before being eligible for parole
  •  change the rules relating to bail and allocation of offences  extend powers relating to anti-social behaviour orders
  • create new offences of: possession of extreme pornography, causing a nuisance or disturbance on NHS premises, and incitement to hatred on ground of sexual orientation  introduce Violent Offender Orders, allowing courts to impose post-sentence restrictions on those convicted of violent offences
  • introduce Youth Rehabilitation Orders and Youth Conditional Cautions.


The Act was introduced in the House of Commons on 26 June 2007 and received Royal Assent on 8 May 2008.

Order of Provisions commencement
The provisions of the Act have been arranged to commence in different order.

Section 26 (release of certain long-term prisoners under the Criminal Justice Act 1991) was commenced on 9 June 2008 by the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (SI 2008/1466).

A number of provisions were commenced on 14 July 2008 by the Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008 (SI 2008/1586).

Further provisions were commenced on 3 November 2008 by the Criminal and Immigration Act 2008 (Commencement No. 3 and Transitional Provisions) Order 2008 (SI 2008/2712). The date for commencing the remaining provisions is yet to be decided.

DOWNLOAD The Criminal Justice and Immigration Act 2008

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