# The Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008, Note: Explanatory note


(This note is not part of the Order)
This Order makes transitory modifications to enactments amended or added by the Criminal Justice and Immigration Act 2008 (c.4).
The modifications in articles 2 and 3 are needed until such time as the sentences of detention in a young offender institution and of custody for life for offenders aged at least 18 but under 21 are repealed by section 61 of the Criminal Justice and Court Services Act 2000 (c.43).
The modifications made by article 2 relate to sentencing provisions in Part 12 of the Criminal Justice Act 2003 (c.44). They ensure that those provisions apply to offenders aged at least 18 but under 21. Such offenders, instead of serving a sentence of imprisonment, serve a sentence of detention in a young offender institution or a sentence of custody for life.
The modification made by article 3 to new section 255A of the Criminal Justice Act 2003 ensures that the release and recall provisions applicable to offenders aged 21 or over also apply to offenders aged at least 18 but under 21 who are sentenced to detention in a young offender institution or to an extended sentence as a dangerous offender.
The modifications made by articles 4, 5 and 6 are needed until such time as the House of Lords becomes the Supreme Court upon implementation of certain provisions of the Constitutional Reform Act 2005 (c.4).

---
Source: https://www.legislation.gov.uk/uksi/2008/1587/note (the official version)
Page: https://openlegislation.uk/criminal-justice-and-immigration-act-2008-transitory-provisions-order-2008/note/enacted
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

