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The Criminal Justice Act 1988 (Commencement No.3) Order 1988

S.I. 1988/1817 · Made 17 October 1988

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CRIMINAL LAW, SCOTLAND

Made 17th October 1988

The Secretary of State, in exercise of the powers conferred on him by section 171(1) of the Criminal Justice Act 1988( f1) and of all other powers enabling him in that behalf hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1988 c. 33

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Schedule PROVISIONS OF THE CRIMINAL JUSTICE ACT 1988 COMING INTO FORCE ON 1ST NOVEMBER 1988
  5. BREPEALS TAKING EFFECT ON 1ST NOVEMBER 1988
  6. Explanatory note

1

This Order may be cited as the Criminal Justice Act 1988 (Commencement No.3) Order 1988.

2

(1)

Subject to paragraph (2) below, the provisions of the Criminal Justice Act 1988 referred to in column 1 of the Schedule to this Order (which relate to the matters described in column 2 of that Schedule) shall come into force on 1st November 1988.

(2)

Nothing in this Order shall bring into force any provision of the Criminal Justice Act 1988 in its application to England and Wales and, accordingly, this Order does not extend to England and Wales.

Signature

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

17th October 1988

PROVISIONS OF THE CRIMINAL JUSTICE ACT 1988 COMING INTO FORCE ON 1ST NOVEMBER 1988

Column 1Column 2
Provisions of the ActSubject matter of provisions
Section 124 and Schedule 9Detention of Young Offenders in Scotland
Section 170(2), to the extent necessary to bring into force the provisions of Schedule 16 specified in Appendix A heretoRepeals
So much of Schedule 16 as is specified in Appendix A heretoRepeals.

BREPEALS TAKING EFFECT ON 1ST NOVEMBER 1988

ChapterShort TitleExtent of repeal
1952 c. 61Prisons (Scotland) Act 1952In section 31(1), paragraph (b).
In section 31(3), the words “detention centre”.
In section 31(4), the words “detention centres” wherever they occur.
In section 34, the words “or a detention centre”.
In section 35(1), the words “detention centres”.
In section 37(1), the words “or detention centre”.
In section 37(2), the words “or detention centre” wherever they occur.
1968 c. 27Firearms Act 1968In section 21(2), the words “to borstal training, to corrective training for less than three years or”.
In section 52(1)(a), the words “preventive detention, corrective training, borstal training,”.
1971 c. 40Fire Precautions Act 1971In section 40(2)(b), the words “detention centre”.
1984 c. 47Repatriation of Prisoners Act 1984In Schedule 1, paragraph 4.

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st November 1988 section 124 of the Criminal Justice Act 1988 and associated amendments and repeals. These provisions abolish the sentence of detention in a detention centre, but leave unchanged the sentence of detention in a young offenders institution. The Order does not affect England and Wales.