Treatment of Offenders Act (Northern Ireland) 1968

19 Power of court on conviction of further offence to deal with suspended sentence. N.I.

F1 (1) Where an offender is convicted of a subsequent offence[F2 punishable with imprisonment in the case of a person aged twenty-one years or over], and the offence was committed during the operational period of a suspended sentence or order for detention and either he is so convicted by or before a court having power under section 20 to deal with him in respect of the suspended sentence or order for detention or he subsequently appears or is brought before such a court, then, unless the sentence or order has already taken effect, the court shall consider his case and deal with him by one of the following methods—

(a) the court may order that the suspended sentence or order for detention shall take effect with the original term unaltered;

(b) it may order that the suspended sentence or order for detention shall take effect with the substitution of a lesser term for the original term;

[F2 (c) it may by order vary the original order under section 18—

(i) where it was made under subsection (1) of that section, by substituting for the period specified therein a period expiring not later than three years from the date of the variation;

(ii) where it was made under subsection (1A) of that section, by substituting for the period specified therein a period expiring not later that five years from the date of the variation;]

(d) it may make no order with respect to the suspended sentence or order for detention;

and a court shall make an order under paragraph ( a) unless the court is of opinion that it would be unjust to do so in view of all the circumstancesF2 . . . , including the facts of the subsequent offence and where it is of that opinion the court shall state its reasons.

(2) Where a court orders that a suspended sentence or order for detention shall take effect, with or without any variation of the original term, the court may notwithstanding[F2 section 5(5) and (6) and][F3 Article 56 of the Magistrates' Courts (Northern Ireland) Order 1981] order that that sentence or order shall take effect immediately or that the term thereof shall commence on the expiration of another term of imprisonment or as the case may be, detention in a young offenders centre, passed or ordered on the offender by that or another court.

(3) Where a court orders that an order for detention in a young offenders centre, which has been suspended by an order made under section 18(1)[F2 or (1A)] shall take effect, with or without variation of the original term, the court shall, if the offender has attained the age of twenty-one years or may, if he will have attained that age at the time when the said order for detention takes effect, order that the order for detention shall be treated as a sentence of imprisonment.

(4) In proceedings for dealing with an offender in respect of a suspended sentence or order for detention which take place before [F4 the Crown Court] any question whether the offender has been convicted of an offence[F2 punishable with imprisonment in the case of a person aged twenty-one years or over], committed during the operational period of the suspended sentence or order for detention shall be determined by [F4 the judge of the Crown Court].

(5) Where a court other than the court which passed the suspended sentence or order for detention deals with an offender under this section the appropriate officer of the first-mentioned court shall notify the appropriate officer of the second-mentioned court of the method adopted.

(6) Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence or order for detention, the appropriate officer of the court shall record that fact.

(7) An order made by a magistrates' court under subsection (1) shall, for the purposes of[F3 Article 140 of the Magistrates' Courts (Northern Ireland) Order 1981] (right of appeal), be deemed to be a sentence passed on conviction upon a plea of guilty and the period of fourteen days specified in[F3 Article 144(1) of that Order] shall be deemed to commence on the date when the order under subsection (1) was made.

F1 1964 c.21 (NI)

F2 1989 NI 15

F3 1981 NI 26

F4 1978 c.23