Blackstone's Guide to the Criminal Justice and Immigration Act 2008 combines the full text of the Act with an expert narrative. It seeks to explain the scope and impact of the Act, including the civil liberties implications, and bring practitioners right up-to-date with this complex piece of drafting. Presented in a straightforward layout, it enables ease of use as a reference source.
The Criminal Justice and Immigration Act received Royal Assent in May 2008 and draws together a wide range of policy issues, from youth justice to 'foreign criminals'. A large part of the Act focuses on sentencing and is a response to our overcrowded prisons.
The Act introduces important new offences (including incitement to hatred on the grounds of sexual orientation and possession of extreme pornographic images), and a number of significant changes to criminal law and procedure. The Act also expands on the range of civil 'behaviour orders' available in the criminal courts by extending the existing 'crack house' closure order regime for premises upon which anti-social behaviour takes place and by introducing a new Violent Offender Order.
It also introduces a new restricted immigration status, following the Home Secretary's defeat in the Court of Appeal in the 'Afghan Hijackers' case in 2006.
- Introduction
- Overview
- Sentencing and Prison Overcrowding
- New Civil Orders
- New Crimes
- Foreign Criminals
- Other Changes
- Conclusions
- Sentencing
- Introduction
- Custodial Sentences
- Non-Custodial Sentences
- Credit for Periods of Remand on Bail
- Release and Recall of Prisoners
- Youth Sentencing
- Criminal Procedure and Appeals
- Criminal Procedure
- Criminal Appeals
- New Criminal Offences
- Overview
- Extreme Pornography
- Indecent Images of Children
- Child Sex Offences
- Hatred on the Grounds of Sexual Orientation
- Offences Relating to Nuclear Materials and Facilities
- Data Protection Offences
- Nuisance or Disturbance on NHS Premises
- Persistent Sales of Tobacco to Persons Under 18
- Clarification of the Law of Self-Defence
- Minor and Consequential Amendments
- International Co-operation
- Introduction
- Recognition of Financial Penalties
- Repatriation of Prisoners
- Mutual Legal Assistance in Revenue Matters
- Civil Orders in the Criminal Courts
- Violent Offender Orders
- Premises Closure Orders
- Youth ASBOs and Related Orders
- Sexual Offences: Orders and Notification Requirements
- Police Misconduct and Industrial Action by Prison Officers
- Police Misconduct
- Industrial Action by Prison Officers
- Foreign Criminals
- Introduction
- Background
- Special Immigration Status
- A New Exception to Automatic Deportation
APPENDICESAppendix 1: Criminal Justice and Immigration Act 2008
Appendix 2: Commencement Order No 1: SI 2008/1466
Appendix 3: Commencement Order No 2: SI 2008/1586
Appendix 4: Commencement Order No 3: SI 2008/2712
Appendix 5: Commencement Order No 4: SI 2008/2993
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