Justice (Northern Ireland) Act 2002

70 Supplementary N.I.

(1) In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—

(a) detained pursuant to directions F1 ... under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), or

(b) detained in a young offenders centre as the result of an order of the Crown Court.

(2) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—

(a) include a person who, in consequence of a restricted transfer from Northern Ireland, is serving part of a sentence of imprisonment in another part of the United Kingdom, but

(b) do not include a person who, in consequence of a restricted transfer from another part of the United Kingdom, is serving part of a sentence of imprisonment in Northern Ireland.

(3) “Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).

[F2 (4) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.

(5) In subsection (4) and section 69A(3)—

• “restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;

• “transfer direction” has the meaning given in Article 53(2) of that Order.

(6) In section 69A(3)—

• “hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;

• “restriction order” has the meaning given in Article 47(1) of that Order;

• “sentence of imprisonment” has the meaning given in Article 53(5) of that Order.

(7) In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.]

Textual Amendments

F1 Words in s. 70(1)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 17 (with arts. 28-31)

F2 S. 70(4)-(7) inserted (14.12.2008) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 46(3), 60; S.I. 2008/3065, art. 2