The Criminal Justice (Northern Ireland) Order 1998

Amendment of order N.I.

9.  In paragraph 12(1) (amendment by reason of change of residence), after “a relevant order” insert “(other than a drug treatment and testing order)”. N.I.

10.  After paragraph 14 insert the following paragraph— N.I.

“Amendment of drug treatment and testing order N.I.

14A.— (1) Without prejudice to the provisions of Article 10(2), (7) and (9) of the Criminal Justice (Northern Ireland) Order 1998, the court responsible for a drug treatment and testing order may by order—

(a) vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b); or

(b) amend the order on an application by that officer under sub-paragraph (3)(c).

(2) Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled—

(a) he shall make a report in writing to that effect to the responsible officer; and

(b) that officer shall apply to the court for the variation or cancellation of the requirement.

(3) Where the responsible officer is of the opinion—

(a) that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider;

(b) that any other requirement of the order, or a provision of the order, should be varied or cancelled; or

(c) that the order should be so amended as to provide for each subsequent review under Article 10 of the Criminal Justice (Northern Ireland) Order 1998 to be made without a hearing instead of at a review hearing, or vice versa,

he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

(4) The court—

(a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

(b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in Article 9(2) of the Criminal Justice (Northern Ireland) Order 1998 or to increase it above the maximum so specified.

(5) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—

(a) revoke the order; and

(b) deal with him for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

(6) In dealing with the offender under sub-paragraph (5)(b), the court—

(a) shall take into account the extent to which the offender has complied with the requirements of the order; and

(b) may impose a custodial sentence notwithstanding anything in Article 19(2) of this Order.

(7) In this paragraph—

• “review hearing” has the same meaning as in Article 10 of the Criminal Justice (Northern Ireland) Order 1998;

• “the treatment requirement” and “the testing requirement” have the same meanings as in Article 2(2) of that Order.”.

11.  In paragraph 16 (order not to be amended pending appeal), after “paragraph 13 or 15” insert “or, except with the consent of the offender, under paragraph 14A”. N.I.

12.  In paragraph 18 (notification of amended order)— N.I.

(a) in sub-paragraph (1) after “a relevant order” insert “(other than a drug treatment and testing order)”;

(b) after sub-paragraph (1) insert the following sub-paragraph—

“(1A) On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer.” ;

(c) in sub-paragraph (2) after “sub-paragraph (1)” insert “or (1A)”.