PART 1 INTRODUCTORY
1.Title and commencement
PART 2 SENTENCING
CHAPTER 1 INTERPRETATION
3.Interpretation of this Part
CHAPTER 2 CUSTODIAL SENTENCES
4.Interpretation of this Chapter
5.Restrictions on imposing certain custodial sentences
6.Restrictions on imposing custodial sentences on persons not legally represented
7.Length of custodial sentences
8.Length of custodial period
9.Procedural requirements for custodial sentences
10.Additional requirements in the case of mentally disordered offenders
11.Disclosure of pre-sentence reports
CHAPTER 3 DANGEROUS OFFENDERS
12.Meaning of “specified offence” etc.
13.Life sentence or indeterminate custodial sentence for serious offences
14.Extended custodial sentence for certain violent or sexual offences
15.The assessment of dangerousness
CHAPTER 4 RELEASE ON LICENCE
16.Interpretation of this Chapter
Duty of Secretary of State to release on licence
17.Duty to release certain fixed-term prisoners
18.Duty to release prisoners serving indeterminate or extended custodial sentences
Power of Secretary of State to release on licence
19.Power to release prisoners on licence before required to do so
20.Power to release certain prisoners on compassionate grounds
Duration of licences
21.Duration of licences: fixed-term prisoners
22.Duration of licences: prisoners serving indeterminate custodial sentences
23.Power of court to recommend licence conditions for sentences of 12 months or more
25.Licence conditions on re-release of prisoners serving sentence of less than 12 months
26.Curfew condition to be included in licence under Article 19
27.Duty to comply with licence conditions
Recall after release
28.Recall of prisoners while on licence
29.Further release after recall for certain fixed-term prisoners
30.Recall of prisoners released early under Article 19
31.Conviction while licence remains in force
Concurrent or consecutive terms
Licences for sexual offenders
34.Breach of licensing for sexual offenders
CHAPTER 5 CURFEWS AND ELECTRONIC MONITORING
Powers to impose curfew or electronic monitoring requirements
35.Powers to impose curfew or electronic monitoring requirements
36.Power of court to impose curfew or electronic monitoring requirement on making juvenile justice centre order
38.Requirement to avoid conflict with religious beliefs, etc.
39.Arrangements for establishing systems of electronic monitoring
40.Electronic monitoring requirement
41.Availability of electronic monitoring arrangements
42.Provision of copies of electronic monitoring requirement
Release of children on bail
43.Release of child on bail: curfew and electronic monitoring requirements
CHAPTER 6 SUPERVISED ACTIVITY ORDERS
45.Supervised activity order for default in payment of certain fines
CHAPTER 7 PAROLE COMMISSIONERS
46.The Parole Commissioners
CHAPTER 8 ENFORCEMENT OF CERTAIN ORDERS MADE ON CONVICTION
47.Enforcement of certain community orders
48.Enforcement of certain youth justice orders
PART 3 RISK ASSESSMENT AND MANAGEMENT
49.Interpretation of this Part
50.Guidance to agencies on assessing and managing certain risks to the public
51.Review of arrangements and report on functions
PART 4 ROAD TRAFFIC OFFENCES
52.Causing death, or grievous bodily injury, by careless or inconsiderate driving
53.Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers
54.Speed assessment equipment detection devices
Increase in penalties
55.Driving without insurance
56.Driving while disqualified
57.Failure to stop vehicle
59.Power to require specimens of breath at roadside or at hospital
60.Alcohol ignition interlocks
61.Experimental period for Article 60
Other provisions about offences
62.Meaning of driving without due care and attention
63.Extension of offence under Article 14 of the 1995 Order
64.Alternative verdict on unsuccessful manslaughter prosecution
Seizure of vehicles used in a manner causing alarm, distress or annoyance
65.Seizure of vehicles used in a manner causing alarm, distress or annoyance
66.Retention etc. of vehicles seized under Article 65
PART 5 MISCELLANEOUS AND SUPPLEMENTARY
Purchase and consumption of alcohol
67.Test purchases of alcohol
68.Alcohol consumption in designated public places
69.Fixed penalty notice for offence under Article 68
70.Designated public places
71.Effect of Articles 68 and 70 on byelaws
72.Interpretation of Articles 68 to 71
73.Removal of requirement to appoint medical officers
74.Abolition of right of justice of the peace to visit prisons
75.Assisting a prisoner to escape
76.Facilitating escape by conveying things into prison
77.Conveyance of prohibited articles into or out of prison
78.Other offences relating to prison security
79.Live links: introductory
80.Use of live link at preliminary hearings
81.Use of live link at sentencing hearings
82.Evidence of vulnerable accused
83.Live links in appeals under Criminal Appeal Act
84.Civil legal services: anti-social behaviour orders
85.Civil legal services and legal aid: proceedings under Proceeds of Crime Act 2002
86.Entry for purposes of arrest
88.Authorisation of X-rays and ultrasound scans
89.Police officers performing duties of higher rank
90.Increase of maximum sentences for offences relating to knives, weapons etc.
91.Driving disqualification for any offence
Proving execution of arrest warrants
92.Jurisdiction of magistrates' court in relation to proving execution of arrest warrant
Anti-social behaviour orders
93.Applications for interim order
94.Special measures for witnesses in proceedings for anti-social behaviour orders
95.Rehabilitation of offenders
96.Custody of children over the age of 17
97.Remands by youth court
98.Youth conference orders
99.Welfare of children
PART 6 SUPPLEMENTARY
100.Regulations, orders and rules
101.Supplementary and consequential provision, etc.
102.Amendments and repeals
The Offences against the Person Act 1861 (c. 100)
7.An offence under— section 4 (soliciting murder), section 16 (threats...
The Explosive Substances Act 1883 (c. 3)
8.An offence under— section 2 (causing explosion likely to endanger...
The Criminal Law Amendment Act 1885 (c. 69)
9.An offence under section 4 of attempted intercourse with girl...
The Infanticide Act (Northern Ireland) 1939 (c. 5
10.An offence under section 1 (infanticide).
The Criminal Justice Act (Northern Ireland) 1945 (c. 15)
11.An offence under section 25 (child destruction).
The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
12.An offence under— section 20 (cruelty to children), or section...
The Theft Act (Northern Ireland) 1969 (c. 16)
13.An offence under section 8 (robbery or assault with intent...
14.An offence under section 9 of burglary with intent to—...
15.An offence under section 10 (aggravated burglary).
The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
16.An offence of arson under Article 3.
17.An offence under Article 3(2) (destroying or damaging property) other...
The Protection of Children (Northern Ireland) Order 1978 (NI 17)
18.An offence under Article 3 (indecent photographs of children).
The Road Traffic (Northern Ireland) Order 1981 (NI 1)
19.An offence under Article 172B (aggravated vehicle-taking causing death or...
The Taking of Hostages Act 1982 (c. 28)
20.An offence under section 1 (hostage-taking).
The Aviation Security Act 1982 (c. 36)
21.An offence under— section 1 (hijacking), section 2 (destroying, damaging...
The Criminal Justice Act 1988 (c. 33)
22.An offence under section 134 (torture).
The Aviation and Maritime Security Act 1990 (c. 31)
23.An offence under— section 1 (endangering safety at aerodromes) section...
The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
24.An offence under Part 2 (offences relating to Channel Tunnel...
The Road Traffic (Northern Ireland) Order 1995 (NI 18)
25.An offence under— Article 9 (causing death or grievous bodily...
The International Criminal Court Act 2001 (c. 17)
26.An offence under section 51 or 52 (genocide, crimes against...
The Female Genital Mutilation Act 2003 (c. 31)
27.An offence under— section 1 (female genital mutilation), section 2...
The Sexual Offences Act 2003 (c. 42)
28.An offence under— section 15 (meeting a child following sexual...
The Criminal Justice (Northern Ireland) Order 2003 (NI 13)
29.An offence under— Article 20 (assault with intent to commit...
The Domestic Violence, Crime and Victims Act 2004 (c. 28
30.An offence under section 5 (causing or allowing the death...
The Firearms (Northern Ireland) Order 2004 (NI 3)
31.An offence under— Article 58 (possession with intent), Article 59...
32.An offence of— (a) aiding, abetting, counselling, procuring or inciting...
34.An offence under Part 2 of the Serious Crime Act...
35.An attempt to commit murder or a conspiracy to commit...
PART 1 SPECIFIED VIOLENT OFFENCES
6.An offence under— section 4 (soliciting murder), section 16 (threats...
7.An offence under section 47 of assault occasioning actual bodily...
The Infanticide Act (Northern Ireland) 1939 (c. 5)
9.An offence under section 1 (infanticide).
10.An offence under section 25 (child destruction).
The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28)
11.An offence under section 7(1)(b) (assault with intent to resist...
12.An offence under section 20 (cruelty to children).
18.An offence under Article 172B (aggravated vehicle-taking causing death or...
19.An offence under section 1 (hostage-taking).
20.An offence under— section 1 (hijacking), section 2 (destroying, damaging...
The Mental Health (Northern Ireland) Order 1986 (NI 4)
21.An offence under Article 121 (ill-treatment of patients).
23.An offence under— section 1 (endangering safety at aerodromes), section...
The Protection from Harassment (Northern Ireland) Order 1997 (NI 9)
26.An offence under Article 6 (putting people in fear of...
The Police (Northern Ireland) Act 1998 (c. 32
27.An offence under section 66 (assaulting or obstructing a constable...
28.An offence under section 51 or 52 (genocide, crimes against...
29.An offence under— section 1 (female genital mutilation), section 2...
The Domestic Violence, Crime and Victims Act 2004 (c. 28)
33.An offence under Part 2 of the Serious Crime Act...
34.An attempt to commit murder or a conspiracy to commit...
PART 2 SPECIFIED SEXUAL OFFENCES
2.An offence under— section 52 (indecent assault upon a female),...
3.An offence under— section 2 (procuration), section 3 (procurement of...
The Vagrancy Act 1898 (c. 38)
4.An offence under section 1 (living on earnings of prostitution...
The Punishment of Incest Act 1908 (c. 45)
5.An offence under— section 1 (incest by a man), or...
6.An offence under— section 21 (causing or encouraging seduction or...
7.An offence under section 9 of burglary with intent to...
8.An offence under Article 3 (indecent photographs of children).
The Customs and Excise Management Act 1979 (c. 2)
9.An offence under section 170 (penalty for fraudulent evasion of...
The Criminal Justice (Northern Ireland) Order 1980 (NI 6)
10.An offence under Article 9 (inciting girl under 16 to...
The Mental Health (Northern Ireland) Order 1986 (NI 4
11.An offence under— Article 122 (protection of women suffering from...
The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)
12.An offence under Article 15 (possession of indecent photograph of...
13.An offence under— section 15 (meeting a child following sexual...
14.An offence under— Article 20 (assault with intent to commit...
15.An offence of— (a) aiding, abetting, counselling, procuring or inciting...
16.An offence under Part 2 of the Serious Crime Act...
SUPERVISED ACTIVITY ORDERS: FURTHER PROVISIONS
Restrictions on power to make order
1.A court shall not make a supervised activity order in...
Making of order
2.(1) A supervised activity order shall specify the petty sessions...
Coming into force of order
3.(1) Sub-paragraphs (2) to (5) apply where a supervised activity...
Requirements of order
4.(1) An offender in respect of whom a supervised activity...
Failure to comply with order
5.(1) If at any time while a supervised activity order...
Amendment, extension or revocation of order
6.(1) On the application of the offender or of the...
7.(1) The Secretary of State may make rules for regulating...
8.(1) In this Schedule “the appropriate court”, in relation to...
THE PAROLE COMMISSIONERS
1.(1) The Secretary of State shall appoint Parole Commissioners.
2.A Commissioner— (a) shall hold office in accordance with the...
3.The Secretary of State may, after consultation with the Lord...
4.(1) The Secretary of State may make rules with respect...
Remuneration and allowances
5.(1) The Secretary of State shall pay to or in...
Staff, premises, etc.
6.The Secretary of State shall provide for the Commissioners the...
7.(1) The Chief Commissioner shall, as soon as reasonably practicable...
The Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)
1.In section 33(2) (interpretation) at the end add if—
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
2.In Part 3 of Schedule 1 (other disqualifying offices) at...
The Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27
3.In Article 6(1) (sentences excluded from rehabilitation), after sub-paragraph (d)...
The Repatriation of Prisoners Act 1984 (c. 47)
4.(1) In section 2 (transfer out of the United Kingdom)...
5.(1) In Article 44 (power of court to order hospital...
6.In section 36(9) (reviews of sentencing) after paragraph (ab) insert—...
The Criminal Justice (Northern Ireland) Order 1996 (NI 24)
7.(1) In Article 2(2) (interpretation) in the definition of “custodial...
The Life Sentences (Northern Ireland) Order 2001 (NI 2)
8.In Article 2(2) (interpretation), in the definition of “the Commissioners”...
The Justice (Northern Ireland) Act 2002 (c. 26
9.In section 46(1)(ea) (organisations to be inspected by Chief Inspector...
10.(1) In the table in section 82(1) (notification period for...
The Access to Justice (Northern Ireland) Order 2003 (NI 10)
11.In Article 25(2)(b)(ii) (right to representation) for “Life Sentence Review...
PART 1 SENTENCING
PART 2 REPEALS COMING INTO OPERATION IN ACCORDANCE WITH ARTICLE 1(3)
PART 3 PRISONS
PART 4 LIVE LINKS