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The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment No. 2) Order 2017

S.I. 2017/1328 · Made 21 December 2017

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, England And Wales

Made 21st December 2017

Laid before Parliament 29th December 2017

Coming into force 29th January 2018

The Secretary of State makes the following Order in exercise of the power conferred by section 35(4) of the Criminal Justice Act 1988f1.

Annotations to the whole text

Footnotes

f1

1988 c. 33; section 35(4) was amended by section 168(1) of, and paragraph 34(b) of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment No. 2) Order 2017 and comes into force on the 29th January 2018.

(2)

This Order extends to England and Wales.

2Amendment of the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

(1)

Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (descriptions of cases to which Part 4 of the Criminal Justice Act 1988 is to apply)f1 is amended as follows.

(2)

In paragraph 3A(1)—

(a)

after sub-paragraph (b), insert—

“(ba)

sections 19f2 (disclosure of information: duty), 21Af3 (failure to disclose: regulated sector) or 21Df4 (tipping off: regulated sector) of the 2000 Act;”

(b)

after sub-paragraph (c), insert—

“(ca)

section 39 of the 2000 Actf5 (disclosure of information);”

(c)

after sub-paragraph (h), insert—

“(i)

section 54 of the Counter-Terrorism Act 2008f6 (offences relating to notification);

(j)

section 23 of the Terrorism Prevention and Investigation Measures Act 2011f7 (offence of contravening a TPIM notice);

(k)

section 10 of the Counter-Terrorism and Security Act 2015 (offences of contravening a Temporary Exclusion Order or not complying with a restriction after return).”.

(3)

After paragraph 3A(2), insert—

“(3)

Any case in which sentence is passed on a person for an offence under one of the following—

(a)

section 4 of the Aviation Security Act 1982f8 (offences in relation to certain dangerous articles);

(b)

section 114 of the Anti-Terrorism, Crime and Security Act 2001f9 (hoaxes involving noxious substances or things)

where the court has determined that the offence has a terrorist connection under section 30 of the Counter-Terrorism Act 2008f10 (sentences for offences with a terrorist connection: England and Wales).”.

Signature

Dominic Raab

Minister of State

Ministry of Justice

21st December 2017

Explanatory note

(This note is not part of the Order)

This Order amends the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116) (“the 2006 Order”).

Schedule 1 to the 2006 Order describes cases to which Part 4 of the Criminal Justice Act 1988 (c. 33) is to apply. That Part allows the Attorney General, with leave from the Court of Appeal, to refer certain cases to the Court of Appeal where he considers that a sentence imposed in the Crown Court in that case was unduly lenient.

This Order adds specific, triable either-way, terrorism or terrorism connected offences to Schedule 1 to the 2006 Order.

No impact assessment has been produced for this instrument as no impact on the private or voluntary sectors is foreseen.