Overview

The Criminal Justice and Immigration Act 2008 is a UK Act of Parliament that introduced various changes to the criminal justice system, including new sentencing options, reforms to appeals processes, provisions on anti-social behaviour, and a special immigration status for certain foreign criminals.

Description

The Act is comprised of multiple parts, covering a wide range of topics. Key aspects include:

• Youth Rehabilitation Orders: Introduced a new sentencing option for young offenders (under 18), replacing several older youth orders. These orders can include various requirements such as activity requirements, supervision, unpaid work, and electronic monitoring.
• Sentencing Reforms: Modified sentencing guidelines for dangerous offenders, introducing changes to imprisonment for public protection, detention for public protection, and extended sentences for violent and sexual offences. The Act also addressed consecutive sentences and credit for time spent on remand.
• Appeals: Amended the appeals process, giving courts more power to dismiss certain appeals and clarifying procedures for prosecution appeals.
• Other Criminal Justice Provisions: Introduced youth conditional cautions, improved protection for spent cautions, and updated provisions on bail and magistrates' court procedures. The Act also granted new pre-investigation powers to the Serious Fraud Office (SFO) and addressed compensation for miscarriages of justice.
• Criminal Law: Created new offences such as possession of extreme pornographic images and clarified the law on self-defence. Additionally, the Act abolished blasphemy and blasphemous libel as common law offences.
• International Cooperation: Made provisions for the mutual recognition of financial penalties between member states of the European Union.
• Violent Offender Orders: Established violent offender orders for individuals posing a risk of serious violent harm to the public, with provisions for prohibitions, restrictions, and notification requirements.
• Anti-social Behaviour: Introduced premises closure orders to deal with persistent disorder and nuisance, and revised provisions for dealing with anti-social behaviour by children and young persons.
• Policing: Made amendments to police misconduct and performance procedures, including provisions for financial assistance and inspection.
• Special Immigration Status: Created a new immigration status for foreign criminals who cannot be deported due to human rights considerations. Support provisions were included for those individuals and their dependents.

Government Spending

The Act resulted in increased government spending across several areas, particularly in relation to the implementation of new sentencing schemes (youth rehabilitation orders, violent offender orders) and the provision of support for designated persons under the special immigration status. Exact figures are not specified within the provided bill text.

Groups Affected

The Act impacted various groups, including:

• Young offenders (under 18): Subject to new youth rehabilitation orders and updated sentencing guidelines.
• Dangerous offenders (18 and over): Affected by changes to sentencing for public protection and extended sentences.
• Prisoners: Impacted by changes in release and recall procedures, and early removal from the UK.
• Police forces and officers: Subject to new misconduct and performance procedures.
• Members of the public: Affected by provisions on anti-social behaviour, violent offender orders, and the disclosure of information about child sex offenders.
• Foreign criminals: Subject to a new special immigration status and associated support provisions.
• Data controllers: Subject to new penalties for serious contraventions of data protection principles.

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