The Criminal Justice (Northern Ireland) Order 2008

CHAPTER 4 N.I. RELEASE ON LICENCE

Modifications etc. (not altering text)

C1 Pt. 2 Ch. 4 applied (with modifications) by Repatriation of Prisoners Act 1984 (c. 47), Sch. para. 2A(4) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 4(2)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)

C2 Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)

Preliminary N.I.

Interpretation of this Chapter N.I.

16.—(1) In any provision of this Chapter “ fixed-term prisoner” means a person serving a determinate custodial sentence for an offence committed after the commencement of that provision.

(2) In this Chapter—

“custodial sentence” means—

(a)

a sentence of imprisonment;

(b)

a sentence of detention in a young offenders centre;

(c)

a sentence of detention under Article 13(4)(b) [F1 , [F2 13A(6),] 14(5) or 15A(5)];

“determinate custodial sentence” means a custodial sentence for a determinate term.

(3) In this Chapter—

“prison” includes any place where a person serving a sentence falling within paragraph (b) or (c) of the definition of “custodial sentence” is liable to be detained;

“prisoner” includes a person serving a sentence falling within either of those paragraphs.

[F3 (3A) For the purposes of this Chapter, an offence was determined to have a terrorist connection if it was—

(a) determined to have a terrorist connection under—

(i) section 30 or 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales or for a service offence before the Sentencing Code applied but now subject to the provisions of this Chapter), or

(ii) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales or for a service offence but now subject to the provisions of this Chapter), or

(b) proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland but now subject to the provisions of this Chapter).

(3B) In this Chapter “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act).]

[F4 (4) In this Chapter “protected information” means evidence or information the disclosure of which may, in the opinion of the Secretary of State, be against the interests of national security.]

Textual Amendments

F1 Words in art. 16(2) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 72(8)

F2 Word in art. 16(2) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(11)

F3 Art. 16(3A)(3B) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(2)

F4 Art. 16(4) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 11 (with arts. 28-31); S.I. 2010/977, art. 1(2)

F5 Duty . . . to release on licence N.I.

Textual Amendments

F5 Words in art. 17 cross-heading omitted (12.4.2010) by virtue of Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 12 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Duty to release certain fixed-term prisoners N.I.

17.—(1) As soon as a fixed-term prisoner, other than [F6 one to whom Article 18 or 20A applies], has served the requisite custodial period, the [F7 Department of Justice] shall release the prisoner on licence under this Article.

(2) In this Article “the requisite custodial period” means—

(a) subject to sub-paragraph (b), the custodial period specified by the court under Article 8;

(b) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under Article 32(2) or 33(2)

Textual Amendments

F6 Words in art. 17(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(3)

F7 Words in art. 17(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 13 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Modifications etc. (not altering text)

C3 Art. 17 applied (13.5.2016) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 55(6)(a), 61(1)

C4 Art. 17(1) modified (13.5.2016) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 56(5)(b), 61(1)

Commencement Information

I1 Art. 17 wholly in operation at 1.4.2009, see art. 1(4) and S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 2(2)(5), 4)

Duty to release prisoners serving indeterminate or extended custodial sentences N.I.

18.—(1) This Article applies to a prisoner who is serving—

(a) an indeterminate custodial sentence; or

(b) an extended custodial sentence.

[F8 (1A) But this Article does not apply to a prisoner to whom Article 20A applies.]

(2) In this Article—

“P” means a prisoner to whom this Article applies;

“relevant part of the sentence” means—

(a)

in relation to a indeterminate custodial sentence, the period specified by the court under Article 13(3) as the minimum period for the purposes of this Article;

(b)

in relation to an extended custodial sentence, one-half of the period determined by the court as the appropriate custodial term under Article 14.

(3) As soon as—

(a) P has served the relevant part of the sentence, and

(b) the Parole Commissioners have directed P's release under this Article,

the [F9 Department of Justice] shall release P on licence under this Article.

(4) The Parole Commissioners shall not give a direction under paragraph (3) with respect to P unless—

(a) the [F9 Department of Justice] has referred P's case to them; and

(b) they are satisfied that it is no longer necessary for the protection of the public from serious harm that P should be confined.

(5) P may require the [F9 Department of Justice] to refer P's case to the Parole Commissioners at any time—

(a) after P has served the relevant part of the sentence; and

(b) where there has been a previous reference of P's case to the Parole Commissioners, after the expiration of the period of 2 years beginning with the disposal of that reference or such shorter period as the Parole Commissioners may on the disposal of that reference determine;

and in this paragraph “previous reference” means a reference under paragraph (4) or Article 28(4).

(6) Where the Parole Commissioners do not direct P's release under paragraph (3)(b), the [F9 Department of Justice] shall refer the case to them again not later than the expiration of the period of 2 years beginning with the disposal of that reference.

(7) In determining for the purpose of this Article whether P has served the relevant part of a sentence, no account shall be taken of any time during which P was unlawfully at large, unless the [F9 Department of Justice] otherwise directs.

(8) Where P is serving an extended custodial sentence, the [F9 Department of Justice] shall release P on licence under this Article as soon as the period determined by the court as the appropriate custodial term under Article 14 ends unless P has previously been recalled under Article 28

(9) The [F9 Department of Justice] may by order provide that the reference in paragraph (b) of the definition of “relevant part of the sentence” in paragraph (2) to a particular proportion of a prisoner's sentence is to be read as a reference to such other proportion of a prisoner's sentence as may be specified in the order.

Textual Amendments

F8 Art. 18(1A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(4)

F9 Words in art. 18 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 14 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Power [F10 ...] to release on licence N.I.

Textual Amendments

F10 Words in art. 19 cross-heading omitted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 12 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 19 cross-heading)

Power to release prisoners on licence before required to do so N.I.

19.—(1) The [F11 Department of Justice] may release on licence under this Article a fixed-term prisoner at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period.

(2) Paragraph (1) shall not apply in relation to a prisoner unless—

(a) the length of the requisite custodial period is at least 6 weeks; and

(b) the prisoner has served—

(i) at least 4 weeks of the prisoner's sentence; and

(ii) at least one-half of the requisite custodial period.

(3) Paragraph (1) shall not apply where—

[F12 (a) Article 18 or 20A applies to the prisoner;]

(b) the prisoner is subject to a hospital order or transfer direction within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4);

(c) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42);

(d) the prisoner is liable to removal from the United Kingdom;

(e) the prisoner has been released on licence under this Article during the currency of the sentence, and has been recalled to prison under Article 30; or

(f) the prisoner has been released on licence under Article 20 during the currency of the sentence, and has been recalled to prison under Article 28.

(4) The [F13 Department of Justice] may by order—

(a) amend the number of days specified in paragraph (1);

(b) amend the number of weeks specified in paragraph (2)(a) or (b)(i);

(c) amend the fraction specified in paragraph (2)(b)(ii).

(5) In this Article “the requisite custodial period” has the same meaning as in Article 17.

(6) In this Article—

(a) “fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article; and

(b) in relation to such a prisoner, “the requisite custodial period” means one-half of the term of the sentence.

(7) For the purposes of this Article a person is liable to removal from the United Kingdom if that person

(a) is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against that person;

(b) is liable to deportation under section 3(6) of that Act;

(c) has been notified of a decision to refuse that person leave to enter the United Kingdom;

(d) is an illegal entrant within the meaning of section 33(1) of that Act; or

(e) is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

Textual Amendments

F11 Words in art. 19(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 15 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 19)

F12 Art. 19(3)(a) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(5)

F13 Words in art. 19(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 15 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 19)

Commencement Information

I2 Art. 19 in operation at 1.6.2015 by S.R. 2015/255, art. 2(a)

Power to release certain prisoners on compassionate grounds N.I.

20.—(1) The [F14 Department of Justice] may, if satisfied that exceptional circumstances exist which justify the release of a prisoner to whom this Article applies on compassionate grounds, at any time release the prisoner on licence under this Article.

(2) This Articles applies to—

(a) a fixed-term prisoner; and

(b) a prisoner serving an indeterminate custodial sentence.

(3) The [F15 Department of Justice] shall, before releasing a prisoner [F16 to whom Article 18 or 20A applies] consult the Parole Commissioners unless the circumstances are such as to render such consultation impracticable.

(4) In this Article “fixed-term prisoner” includes a person serving a determinate custodial sentence for an offence committed before the commencement of this Article.

[F17 (5) The Secretary of State may notify the Department of Justice that a prisoner is not to be released under this Article without the Secretary of State's agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State's agreement.

(6) But the Secretary of State may—

(a) give a notification, or

(b) refuse his agreement to a release,

only if his decision to do so is arrived at (wholly or partly) on the basis of protected information.]

Textual Amendments

F14 Words in art. 20(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 16(2) (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 20)

F15 Words in art. 20(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 16(2) (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 20)

F16 Words in art. 20(3) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(6)

F17 Art. 20(5)(6) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 16(3) (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 20)

Commencement Information

I3 Art. 20 in operation at 1.6.2015 by S.R. 2015/255, art. 2(b)

[F18 Terrorist prisoners N.I.

Textual Amendments

F18 Art. 20A and cross-heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 30(1), 50(1)(f) (with s. 30(2))

Restricted eligibility for release on licence of terrorist prisoners N.I.

20A— (1) This Article applies to a fixed-term prisoner (a “terrorist prisoner”) who—

(a) is serving a sentence imposed (whether before or after the commencement date) in respect of an offence within paragraph (2); and

(b) has not been released on licence before the commencement date.

(2) An offence is within this paragraph (whenever it was committed) if—

(a) it is specified in Part 2, 4, 5 or 7 of Schedule 2A (terrorism offences punishable with imprisonment for life or more than two years);

(b) it is a service offence as respects which the corresponding civil offence is so specified; or

(c) it was determined to have a terrorist connection.

[F19 (2A) Paragraphs (3) to (7) apply unless the terrorist prisoner's sentence—

(a) is a serious terrorism sentence or an extended custodial sentence;

(b) was imposed after the commencement of section 31 of the Counter-Terrorism and Sentencing Act 2021; and

(c) was imposed in respect of an offence that—

(i) is specified in Part 2 or 5 of Schedule 2A (terrorism offences punishable with imprisonment for life);

(ii) is a service offence as respects which the corresponding civil offence is so specified;

(iii) is specified in Part 3 or 6 of that Schedule (other offences punishable with life imprisonment) and was determined to have a terrorist connection; or

(iv) is a service offence as respects which the corresponding civil offence is so specified and was determined to have a terrorist connection.]

(3) The Department of Justice shall release the terrorist prisoner on licence under this Article as soon as—

(a) the prisoner has served the relevant part of the sentence; and

(b) the Parole Commissioners have directed the release of the prisoner under this Article.

(4) The Parole Commissioners shall not give a direction under paragraph (3) with respect to the terrorist prisoner unless—

(a) the Department of Justice has referred the prisoner's case to them; and

(b) they are satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(5) The terrorist prisoner may require the Department of Justice to refer the prisoner's case to the Parole Commissioners at any time—

(a) after the prisoner has served the relevant part of the sentence; and

(b) where there has been a previous reference of the prisoner's case to the Parole Commissioners, after the expiration of the period of 2 years beginning with the disposal of that reference or such shorter period as the Parole Commissioners may on the disposal of that reference determine;

and in this paragraph “previous reference” means a reference under paragraph (4) or Article 28(4).

(6) Where the Parole Commissioners do not direct the prisoner's release under paragraph (3)(b), the Department of Justice shall refer the case to them again not later than the expiration of the period of 2 years beginning with the disposal of that reference.

(7) In determining for the purpose of this Article whether a terrorist prisoner has served the relevant part of a sentence, no account shall be taken of any time during which the prisoner was unlawfully at large, unless the Department of Justice otherwise directs.

(8) If the terrorist prisoner is serving a serious terrorism sentence, an extended custodial sentence or an Article 15A terrorism sentence, the Department of Justice shall release the terrorist prisoner on licence under this Article as soon as the prisoner has served the appropriate custodial term unless the prisoner has previously been recalled under Article 28.

(9) For the purposes of this Article—

“appropriate custodial term”, in relation to a serious terrorism sentence, an extended custodial sentence or an Article 15A terrorism sentence, means the term determined as such by the court under Article 13A, 14 or 15A;

“commencement date” means the date on which section 30 of the Counter-Terrorism and Sentencing Act 2021 comes into force;

“relevant part of the sentence” means—

(a)

in relation to an extended custodial sentence or an Article 15A terrorism sentence, two-thirds of the appropriate custodial term;

(b)

in relation to any other sentence, two-thirds of the term of the sentence.

(10) For the purposes of this Article, a reference of a terrorist prisoner's case to the Parole Commissioners under Article 18 that was disposed of—

(a) before the commencement date; and

(b) at a time when the prisoner had served two-thirds of the appropriate custodial term,

is to be treated as if it was made (and disposed of) under this Article.]

Textual Amendments

F19 Art. 20A(2A) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 31, 50(2)(q)

Duration of licences N.I.

Duration of licences: fixed-term prisoners N.I.

21.—(1) Where a fixed-term prisoner is released on licence under this Chapter, the licence shall, subject to any revocation under Article 28 or 30, remain in force for the remainder of the sentence.

(2) Paragraph (1) has effect subject to Articles 32(2) and 33(3) and (4).

Commencement Information

I4 Art. 21 wholly in operation at 1.4.2009; art. 21 not in operation at date Order made see art. 1(4); art. 21 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 21 in operation at 1.4.2009 in so far as not already in operation by S.R. 2009/120, art. 2, Sch. 1

Duration of licences: prisoners serving indeterminate custodial sentences N.I.

22.—(1) This Article applies where a person who is serving an indeterminate custodial sentence is released on licence under Article 18 or 20.

(2) The licence shall, subject to any revocation under Article 28 or order under this Article, remain in force for the remainder of the prisoner's life.

(3) In this Article “qualifying period” means the period of 10 years beginning with the date of the prisoner's release.

(4) Where

(a) the qualifying period has expired, and

(b) the Parole Commissioners direct the [F20 Department of Justice] to do so,

the [F20 Department of Justice] shall order that the licence is to cease to have effect.

(5) Where—

(a) the qualifying period has expired; and

(b) if the prisoner has made a previous application under this paragraph, a period of at least 2 years has expired since the disposal of that application, or such shorter period as the Parole Commissioners may have recommended on the disposal of the last previous such application,

the prisoner may make an application to the Parole Commissioners under this paragraph.

(6) Where an application is made under paragraph (5), the Parole Commissioners—

(a) shall, if they are satisfied that it is no longer necessary for the protection of the public from serious harm that the licence should remain in force, direct the [F21 Department of Justice] to make an order under paragraph (4) that the licence is to cease to have effect;

(b) shall otherwise dismiss the application.

Textual Amendments

F20 Words in art. 22(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 17 (with arts. 28-31); S.I. 2010/977, art. 1(2)

F21 Words in art. 22(6) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 17 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I5 Art. 22 partly in operation; art. 22 not in operation at date Order made see art. 1(4); art. 22 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)

I6 Art. 22 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(a)

Licence conditions N.I.

Power of court to recommend licence conditions for sentences of 12 months or more N.I.

23.—(1) A court which sentences an offender to a determinate custodial sentence of 12 months or more in respect of any offence may, when passing sentence, recommend to the [F22 Department of Justice] particular conditions which in its view should be included in any licence granted to the offender under Article 17 [F23 , 19 or 20A] on release from prison.

(2) In exercising the powers under Article 24 in respect of an offender, the [F22 Department of Justice] shall have regard to any recommendation under paragraph (1).

(3) A recommendation under paragraph (1) is not to be treated for any purpose as part of the sentence passed on the offender.

Textual Amendments

F22 Words in art. 23(1)(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 18 (with arts. 28-31); S.I. 2010/977, art. 1(2)

F23 Words in art. 23(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(7)

Commencement Information

I7 Art. 23 wholly in operation at 1.4.2009, see art. 1(4) and S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 1(1)(2)(a), 4)

Licence conditions N.I.

24.—(1) In this Article—

(a) “the standard conditions” means such conditions as may be prescribed for the purposes of this Article as standard conditions; and

(b) “prescribed” means prescribed by the [F24 Department of Justice] by rules.

(2) Any licence under Article 17 or 19 in respect of any prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more shall include—

(a) such conditions as may be required by the court in passing sentence; and

(b) so far as not inconsistent with them, the standard conditions.

(3) Any other licence under this Chapter

(a) shall include the standard conditions; and

(b) may include such other conditions of a kind prescribed for the purposes of this paragraph as the [F24 Department of Justice] may for the time being specify in the licence.

(4) The [F24 Department of Justice] may vary or cancel any conditions specified in a licence under this Chapter and may subsequently include additional conditions.

(5) Where a prisoner is released on licence under Article 18 [F25 or 20A], the [F24 Department of Justice] shall not—

(a) include a condition under paragraph (3)(b) on release, or

(b) subsequently insert, vary or cancel a condition under paragraph (4),

except after consultation with the Parole Commissioners.

(6) For the purposes of paragraph (5), the [F24 Department of Justice] is to be treated as having consulted the Parole Commissioners about a proposal to include, insert, vary or cancel a condition in any case if they have been consulted [F26 by the Department of Justice] about the implementation of proposals of that description generally or in that class of case.

(7) Paragraphs (2) and (3) have effect subject to—

(a) Articles 25 and 26;

(b) Articles 32(2) and 33(3) and (4).

(8) In exercising the powers to prescribe standard conditions or other conditions referred to in paragraph (3), the [F24 Department of Justice] shall have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

(a) the protection of the public;

(b) the prevention of re-offending;

(c) the rehabilitation of the offender.

Textual Amendments

F24 Words in art. 24 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 19(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F25 Words in art. 24(5) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(8)

F26 Words in art. 24(6) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 19(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I8 Art. 24 partly in operation; art. 24 not in operation at date Order made see art. 1(4); art. 24(1)(3)-(6)(7)(b)(8) in operation at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)

I9 Art. 24(2) in operation at 1.7.2015 by S.R. 2015/290, art. 2(b)

I10 Art. 24(7)(a) in operation at 1.7.2015 by S.R. 2015/290, art. 2(c)

Prospective

Licence conditions on re-release of prisoners serving sentence of less than 12 months N.I.

25.—(1) In relation to any licence under Article 17 or 19 which is granted to a prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more on release in pursuance of a direction or recommendation of the Parole Commissioners under Article 28 or 29, paragraphs (2) and (3) apply instead of Article 24(2).

(2) The licence—

(a) shall include the standard conditions; and

(b) may include such other conditions of a kind prescribed for the purposes of Article 24(3)(b) as the [F27 Department of Justice] may for the time being specify in the licence.

(3) In exercising the powers to include other conditions conferred by paragraph (2)(b), the [F28 Department of Justice] shall have regard to any such conditions as are mentioned in Article 24(2)(a).

(4) In this Article “the standard conditions” and “prescribed” have the same meaning as in Article 24

Textual Amendments

F27 Words in art. 25(2)(b) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 20 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 25)

F28 Words in art. 25(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 20 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 25)

Curfew condition to be included in licence under Article 19 N.I.

26.—(1) A licence under Article 19 shall include a curfew condition complying with this Article.

(2) Where—

(a) a licence under Article 19 is granted to a prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more, and

(b) the court in passing sentence requires the licence to be granted subject to a condition requiring compliance with a curfew requirement,

that condition shall not be included in the licence at any time while a curfew condition required by paragraph (1) is in force.

(3) For the purposes of this Chapter a curfew condition is a condition which requires the released person to remain for specified periods at a specified place; and in this Article “specified” means specified in the condition.

(4) Specified periods shall not amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).

(5) The curfew condition is to remain in force until the date when the released person would (but for being released) fall to be released on licence under Article 17.

(6) A curfew condition may (but need not) include an electronic monitoring requirement.

(7) The [F29 Department of Justice] may by order amend paragraph (4) by substituting for a number of hours specified there such other number of hours as may be specified in the order.

Textual Amendments

F29 Words in art. 26(7) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 21 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 26)

Commencement Information

I11 Art. 26(1) in operation at 1.6.2015 by S.R. 2015/255, art. 2(c)

I12 Art. 26(2) in operation at 1.7.2015 by S.R. 2015/290, art. 2(d)

I13 Art. 26(3)-(7) in operation at 1.6.2015 by S.R. 2015/255, art. 2(c)

Duty to comply with licence conditions N.I.

27.  A person subject to a licence under this Chapter shall comply with such conditions as may for the time being be included in the licence.

[F30 Licence conditions: national security N.I.

27A.— (1) The Secretary of State may exercise any power of the Department of Justice to include, insert, vary or cancel conditions in a licence but only if his decision to exercise the power is arrived at (wholly or partly) on the basis of protected information; and, in relation to the exercise of any such power by the Secretary of State, in this Chapter references to the Department of Justice are to be read as references to the Secretary of State.

(2) The Department of Justice must exercise its powers subject to anything done by the Secretary of State by virtue of paragraph (1).]

Textual Amendments

F30 Art. 27A inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 22 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Recall after release N.I.

Recall of prisoners while on licence N.I.

28.—(1) In this Article “ P” means a prisoner who has been released on licence under Article 17, 18 [F31 , 20 or 20A].

(2) [F32 The Department of Justice or the Secretary of State] may revoke P's licence and recall P to prison—

(a) if recommended to do so by the Parole Commissioners; or

(b) without such a recommendation if it appears to the [F33 Department of Justice or (as the case may be) the] Secretary of State that it is expedient in the public interest to recall P before such a recommendation is practicable.

(3) P—

(a) shall, on returning to prison, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); an

(b) may make representations in writing with respect to the recall.

(4) The [F34 Department of Justice or (as the case may be) the] Secretary of State shall refer P's recall under paragraph (2) to the Parole Commissioners.

(5) Where on a reference under paragraph (4) the Parole Commissioners direct P's immediate release on licence under this Chapter, the [F35 Department of Justice] shall give effect to the direction.

(6) The Parole Commissioners shall not give a direction under paragraph (5) with respect to P unless they are satisfied that—

(a) where P is serving an indeterminate custodial sentence or an extended custodial sentence [F36 and was not released under Article 20A], it is no longer necessary for the protection of the public from serious harm that P should be confined;

(b) in any other case, it is no longer necessary for the protection of the public that P should be confined.

(7) On the revocation of P's licence, P shall be—

(a) liable to be detained in pursuance of P's sentence; and

(b) if at large, treated as being unlawfully at large.

[F37 (8) The Secretary of State may revoke P's licence and recall P to prison under paragraph (2) only if his decision to revoke P's licence and recall P to prison is arrived at (wholly or partly) on the basis of protected information.]

Textual Amendments

F31 Words in art. 28(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(9)(a)

F32 Words in art. 28(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F33 Words in art. 28(2)(b) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F34 Words in art. 28(4) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F35 Words in art. 28(5) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F36 Words in art. 28(6)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(9)(b)

F37 Art. 28(8) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 23(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I14 Art. 28 partly in operation; art. 28 not in operation at date Order made see art. 1(4); art. 28 in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 28 in operation for further certain purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1

I15 Art. 28 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(e)

Further release after recall for certain fixed-term prisoners N.I.

29.—(1) This Article applies where—

(a) a fixed-term prisoner, other than a prisoner serving an extended custodial sentence [F38 or a prisoner to whom Article 20A applies], (“P”) is released on licence under Article 17 or 20; and

(b) on a reference under Article 28(4) the Parole Commissioners do not direct P's immediate release on licence under this Chapter.

(2) Subject to paragraphs (3) and (4), the Parole Commissioners shall either—

(a) recommend a date for P's release on licence; or

(b) fix a date as the date for the next review of P's case by them.

(3) Any date recommended under paragraph (2)(a) or fixed under paragraph (2) (b) must not be later than the second anniversary of the date on which the decision is taken.

(4) The Parole Commissioners need not make a recommendation under paragraph (2)(a) or fix a date under paragraph (2)(b) if P will fall to be released unconditionally at any time within the next 24 months.

(5) Where the Parole Commissioners have recommended a date for P's release under paragraph (2)(a), the [F39 Department of Justice] shall release P on licence on that date unless the [F40 Department of Justice or the] Secretary of State has, before that date, referred P's case to the Parole Commissioners.

[F41 (5A) The Secretary of State may refer P's case to the Parole Commissioners under paragraph (5) only if his decision to refer P's case is arrived at (wholly or partly) on the basis of protected information.]

(6) On a review required by paragraph (2)(b) or a reference under paragraph (5), the Parole Commissioners shall—

(a) direct P's immediate release on licence;

(b) make a recommendation under paragraph (2)(a); or

(c) fix a date under paragraph (2)(b).

(7) The Parole Commissioners shall not give a direction under paragraph (6)(a) with respect to P unless they are satisfied that it is no longer necessary for the protection of the public that P should be confined

(8) The [F42 Department of Justice] shall give effect to any direction under paragraph (6)(a).

Textual Amendments

F38 Words in art. 29(1)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(10)

F39 Words in art. 29(5) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 24(a)(i) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F40 Words in art. 29(5) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 24(a)(ii) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F41 Art. 29(5A) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 24(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F42 Words in art. 29(8) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 24(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I16 Art. 29 partly in operation; art. 29 not in operation at date Order made see art. 1(4); art. 29 in operation for certain purposes at 1.4.2009 by S.R. 2009/120, art. 2, Sch. 1

I17 Art. 29 in operation at 1.7.2015 in so far as not already in operation by S.R. 2015/290, art. 2(f)

Recall of prisoners released early under Article 19 N.I.

30.—(1) If it appears to the [F43 Department of Justice], as regards a person released on licence under Article 19 (“P”)—

(a) that P has failed to comply with any condition included in the licence, or

(b) that P's whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in the licence,

the [F43 Department of Justice] may, if the curfew condition is still in force, revoke the licence and recall P to prison under this Article.

(2) P—

(a) shall, on returning to prison, be informed of the reasons for the revocation and of the right conferred by sub-paragraph (b); and

(b) may make representations in writing with respect to the revocation.

(3) The [F44 Department of Justice], after considering any representations under paragraph (2)(b) or any other matters, may cancel the revocation of P's licence under this Article.

(4) Where the revocation of P's licence is cancelled under paragraph (3), P is to be treated for the purposes of Article 19 as not having been recalled to prison under this Article.

(5) On the revocation of P's licence, P shall be—

(a) liable to be detained in pursuance of P's sentence; and

(b) if at large, treated as being unlawfully at large.

Textual Amendments

F43 Words in art. 30(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 25 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 30)

F44 Words in art. 30(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 25 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 30)

Commencement Information

I18 Art. 30 in operation at 1.6.2015 by S.R. 2015/255, art. 2(d)

Conviction while licence remains in force N.I.

31.  Where it appears to the court by or before which a person is convicted of an offence—

(a) that the offence was committed while the person was on licence under this Chapter, and

(b) that the person has not been recalled to prison,

the court shall inform the [F45 Department of Justice] of the conviction.

Textual Amendments

F45 Words in art. 31 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 26 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Concurrent or consecutive terms N.I.

Concurrent terms N.I.

32.—(1) This Article applies where—

(a) a person (“the offender”) has been sentenced by any court to two or more custodial sentences the terms of which are wholly or partly concurrent; and

(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions

(2) Where this Article applies—

(a) nothing in this Chapter requires the [F46 Department of Justice] to release the offender in respect of any of the terms unless and until the [F46 Department of Justice] is required to release the offender in respect of each of the others;

(b) Article 17 does not authorise the [F46 Department of Justice] to release the offender on licence under that Article in respect of any of the terms unless and until that Article authorises the [F46 Department of Justice] to do so in respect of each of the others;

(c) on and after release under this Chapter the offender is to be on licence for so long, and subject to such conditions, as is required by this Chapter in respect of any of the sentences.

(3) Where the sentences include one or more sentences of 12 months or more and one or more sentences of less than 12 months, the terms of the licence may be determined by the [F46 Department of Justice] in accordance with Article 24(3)(b).

(4) Where a person has been sentenced to one or more custodial sentences and to one or more life sentences, nothing in this Chapter requires the [F46 Department of Justice] to release the person in respect of any of the custodial sentences unless and until the [F46 Department of Justice] is required to release him in respect of each of the life sentences.

Textual Amendments

F46 Words in art. 32 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 27 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I19 Art. 32 partly in operation; art. 32 not in operation at date Order made see art. 1(4); art. 32(1)(2)(a)(c)(4) in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 32(1)(2)(4) in operation at 1.4.2009 in so far as not already in operation by S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 3, 4)

Consecutive terms N.I.

33.—(1) This Article applies where—

(a) a person (“the offender”) has been sentenced to two or more determinate custodial sentences the terms of which are to be served consecutively on each other; and

(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

(2) Nothing in this Chapter requires the [F47 Department of Justice] to release the offender on licence until the offender has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the sentences.

(3) Where any of the sentences is a sentence of 12 months or more, the offender is, on and after release under this Chapter, to be on licence—

(a) until the offender would, but for having been released, have served a sentence equal in length to the aggregate length of the sentences; and

(b) subject to such conditions as are required by this Chapter in respect of each of those sentences.

(4) Where each of the sentences is a sentence of less than 12 months, the offender is, on and after release under this Chapter, to be on licence until the relevant time, and subject to such conditions as are required by this Chapter in respect of any of the sentences, and none of the sentences is to be regarded for any purpose as continuing after the relevant time

(5) In paragraph (4) “the relevant time” means the time when the offender would, but for having been released, have served a sentence equal in length to the aggregate of—

(a) all the custodial periods in relation to the sentences; and

(b) the longest of the licence periods in relation to those sentences.

(6) In this Article—

(a) “custodial period”—

(i) in relation to [F48 a serious terrorism sentence,] an extended sentence [F49 or an Article 15A terrorism sentence], means the appropriate custodial term determined under Article [F50 13A,] 14 [F51 or 15A];

(ii) in relation to any other custodial sentence, means the custodial period specified under Article 8(2);

(b) “licence period” has the meaning given by Article 8(5).

Textual Amendments

F47 Words in art. 33(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 28 (with arts. 28-31); S.I. 2010/977, art. 1(2)

F48 Words in art. 33(6)(a)(i) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(12)(a)

F49 Words in art. 33(6)(a)(i) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 72(9)(a)

F50 Word in art. 33(6)(a)(i) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(12)(b)

F51 Words in art. 33(6)(a)(i) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 72(9)(b)

Commencement Information

I20 Art. 33 partly in operation; art. 33 not in operation at date Order made see art. 1(4); art. 33(1)-(3)(6)(a)(i) in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 33(1)-(3)(6) in operation at 1.4.2009 in so far as not already in operation by S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 3, 4)

Licences for sexual offenders N.I.

Breach of licensing for sexual offenders N.I.

34.—(1) In the Criminal Justice (Northern Ireland) Order 1996 (NI 24) for Article 27 substitute—

“Breach of licence conditions

27— (1) If at any time while an offender is released on licence under Article 26 it appears, on complaint to a lay magistrate, that the offender has failed to comply with any of the conditions specified in the licence, the lay magistrate may—

(a) issue a summons requiring the offender to appear before the appropriate court at a time specified in the summons; or

(b) if the complaint is in writing and on oath, issue a warrant for the offender to be arrested and brought before the appropriate court.

(2) If—

(a) a warrant is issued under sub-paragraph (1) requiring an offender to be brought before the Crown Court, and

(b) the offender cannot forthwith be brought before the Crown Court because it is not being held,

the warrant shall have effect as if it directed the offender to be brought before a magistrates' court acting for the petty sessions district in which he resides.

(3) Where an offender is brought before a magistrates' court in pursuance of paragraph (2), that court shall commit the offender in custody or on bail to the Crown Court.

(4) Where the appropriate court before which an offender appears or is brought under this Article is the Crown Court and that Court is satisfied that the offender has failed without reasonable excuse to comply with any of the conditions specified in the licence, the Court may

(a) impose on him a fine not exceeding £1000;

(b) revoke the licence; or

(c) suspend the licence for a specified period which is shorter than the remaining licence period.

(5) Where the appropriate court before which an offender appears or is brought under this Article is a court of summary jurisdiction and that court is satisfied that the offender has failed without reasonable excuse to comply with any of the conditions specified in the licence, that court may—

(a) impose on him a fine not exceeding £1000;

(b) if the remaining licence period is less than 6 months, revoke the licence; or

(c) suspend the licence for a specified period which—

(i) is shorter than the remaining licence period; and

(ii) does not exceed 6 months.

(6) Where a court revokes the licence of an offender under paragraph (4) or (5)—

(a) the court shall order the offender to be returned to prison or, as the case may be, a young offenders centre; and

(b) the offender—

(i) shall be liable to be detained there in pursuance of his sentence until the date on which he would (but for his release) have served the whole of his sentence or order for detention; and

(ii) if at large shall be treated as being unlawfully at large.

(7) Where a court suspends the licence of an offender for a specified period under paragraph (4) or (5)—

(a) the court shall order the offender to be returned to prison or, as the case may be, a young offenders centre; and

(b) the offender—

(i) shall be liable to be detained there for that period in pursuance of his sentence or order for detention; and

(ii) if at large shall be treated as being unlawfully at large.

(8) In this Article “the remaining licence period”, in relation to an offender released on licence under Article 26, means the period beginning with the date of the making of an order under this Article and ending with the date on which the offender would (but for his release) have served the whole of his sentence or order for detention.

(9) In this Article “the appropriate court”, in relation to an offender released on licence in pursuance of an order under Article 26(1)(b), means—

(a) if the Crown Court made the order, the Crown Court; and

(b) if a court of summary jurisdiction made the order, a court of summary jurisdiction acting for the petty sessions district in which the offender resides

and if the order has been made on appeal, it shall be treated for the purposes of this paragraph as if it had been made by the court from which the appeal was brought.”.

(2) Paragraph (1) does not apply in relation to a failure to comply with any of the conditions specified in a licence under Article 26 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) if that failure occurred before the coming into operation of this Article.