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Treatment of Offenders Act (Northern Ireland) 1968

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21Discovery of further offences.N.I.

(1)If an offender is convicted in Northern Ireland of an offence[F1 punishable with imprisonment in the case of a person aged twenty-one years or over], committed during the operational period of a suspended sentence or order for detention and it appears to a justice of the peace having jurisdiction in the county [F2 court division] in which he was committed for trial or, where the offence was not tried on indictment, where he is convicted that he has not been dealt with in respect of the suspended sentence or order for detention, the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, subject to the following provisions of this section, issue a warrant for his arrest.

[F3(2)A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath.

(2A)Subsection (2) does not apply to a summons or warrant issued (by virtue of section 9(12) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act.]

(3)A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence or order for detention was passed or made; but if a warrant is so issued requiring him to be brought before [F2 the Crown Court] and he cannot forthwith be brought before that court because the court is not being held, the warrant shall have effect as if it directed him to be brought before a magistrates' court having jurisdiction in the place where he is arrested and the latter court shall commit him in custody or on bail to [F2 the Crown Court] …F4.

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