Citation and interpretation

1. —(1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008.

(2) In this Order “the Act” means the Criminal Justice and Immigration Act 2008.

Commencement

2. Subject to articles 3 and 4, the day appointed for the coming into force of the following provisions of the Act is 9 ^th June 2008—

(a) section 26 (release of certain long-term prisoners under Criminal Justice Act 1991) save insofar as subsection (2) inserts subsections (1C) and (1D) in section 33 of the Criminal Justice Act 1991( 2 );

(b) section 148(1) and (2) (consequential etc. amendments and transitional and saving provision) insofar as they relate to the provisions specified in paragraphs (c) and (d) of this article;

(c) the following paragraphs of Schedule 26 (minor and consequential amendments)—

(i) 9, 12(1) and (3)(b) and 19(1) and (4) (Repatriation of Prisoners Act 1984( 3 ));

(ii) 29(1), (2) and (5) (Criminal Justice Act 1991);

(iii) 31 and 33(1) to (3) (Crime (Sentences) Act 1997( 4 )); and

(iv) 40 and 45(a) (Powers of Criminal Courts (Sentencing) Act 2000( 5 )); and

(d) paragraphs 8 and 9 of Schedule 27 (transitory, transitional and saving provisions).

Transitional provisions

3. The coming into force of section 26 of the Act is of no effect in relation to—

(a) existing prisoners within the meaning of paragraph 8 of Schedule 12 to the Criminal Justice Act 1991;

(b) long-term prisoners serving sentences of imprisonment for an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000( 6 );

(c) long-term prisoners serving sentences of imprisonment for an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001( 7 );

(d) long-term prisoners serving sentences of imprisonment for an offence under section 12 of the Sexual Offences Act 1956( 8 );

(e) long-term prisoners serving sentences of imprisonment for an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d) of this article; and

(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.

4. The coming into force of paragraph 19(4) of Schedule 26 to the Act is no effect in relation to long-term prisoners serving a sentence for one or more offences committed before 4 ^th April 2005 by virtue of having been transferred to the United Kingdom pursuant to a warrant under section 1 of the Repatriation of Prisoners Act 1984 where the warrant was issued prior to the commencement of section 26 of the Act.