Search Legislation

Justice Act (Northern Ireland) 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Justice Act (Northern Ireland) 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Justice Act (Northern Ireland) 2011

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

PART 5 N.I.TREATMENT OF OFFENDERS

Increase in maximum term of imprisonment for common assault or batteryN.I.

51  (1)  The Offences against the Person Act 1861 (c. 100) is amended as follows.

(2) In section 42 (common assault or battery) for “three months” substitute “ 6 months ”.

(3) Section 43 (aggravated assault) is repealed.

Penalty for certain knife offencesN.I.

52  In section 139A of the Criminal Justice Act 1988 (c. 33) (having knife etc. on school premises) for subsections (5) and (6) substitute—

(5) A person guilty of an offence under subsection (1) or (2) shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 4 years, or to a fine, or to both.

(6) In this section and section 139B “school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986..

Extension of maximum period of deferment of sentenceN.I.

53  (1)  Article 3 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (deferment of sentence) is amended as follows.

(2) In paragraph (2) (deferment not to exceed 6 months) for “6 months” substitute “ the relevant period ”.

(3) After paragraph (2) insert—

(2A) In paragraph (2) “the relevant period” means—

(a)if the court makes an order under Article 28(1) of the Road Traffic Offenders (Northern Ireland) Order 1996 in respect of the offender, 6 months;

(b)in any other case, 12 months..

Breach of licence conditions by sex offendersN.I.

54  In Article 27 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (breach of licence conditions by sex offenders) after paragraph (9) insert—

(10) Paragraph (11) applies if—

(a)an offender released on licence in pursuance of an order under Article 26(1)(b) is not resident in Northern Ireland; or

(b)it is not known where the offender resides.

(11) Where this paragraph applies—

(a)the reference in paragraph (2) to a magistrates' court acting for the petty sessions district in which the offender resides is to be read as a reference to any magistrates' court in Northern Ireland;

(b)the reference in paragraph (9)(b) to a court of summary jurisdiction acting for the petty sessions district in which the offender resides is to be read as a reference to the court of summary jurisdiction which made the order..

Sexual offences: closure ordersN.I.

55  (1)  Part 2A of the Sexual Offences Act 2003 (c. 42) (closure orders) is amended as follows.

(2) In section 136J(5) (discharge of closure order) for “judicial authority” substitute “ judicial officer ”.

(3) In section 136R (interpretation) at the end insert—

(15) In the application of this Part to Northern Ireland for any reference to a magistrates' court there shall be substituted a reference to a court of summary jurisdiction..

Financial reporting ordersN.I.

56  (1)  After section 78(3)(aa) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to the power to make a financial reporting order) add—

(ab)a common law offence of conspiracy to defraud,

(ac)an offence under section 17 of the Theft Act (Northern Ireland) 1969 (false accounting),.

(2) After section 78(3)(c) of the Serious Organised Crime and Police Act 2005 add—

(d)an offence under any of the following provisions of the Bribery Act 2010—

  • section 1 (offences of bribing another person),

  • section 2 (offences relating to being bribed),

  • section 6 (bribery of foreign public officials),

(e)a common law offence of bribery,

(f)an offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office),

(g)the first two offences under section 1 of the Prevention of Corruption Act 1906 (bribes obtained by or given to agents),

(h)an offence under any of the following provisions of the Proceeds of Crime (Northern Ireland) Order 1996—

  • Article 45 (acquisition, possession or use of proceeds of criminal conduct),

  • Article 46 (assisting another to retain the benefit of criminal conduct),

  • Article 47 (concealing or transferring proceeds of criminal conduct),

(i)an offence under section 329 of the Proceeds of Crime Act 2002 (acquisition, use and possession of criminal property),

(j)an offence of attempting, conspiring in or inciting the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (i), or an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence,

(k)an offence of aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (i)..

Dangerous offenders: serious and specified offencesN.I.

57  (1)  The paragraph set out in subsection (2) is inserted—

(a)in Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (NI 1) (serious offences) after paragraph 15; and

(b)in Schedule 2 to that Order (specified offences) after paragraph 15.

(2) The paragraph is—

The Criminal Jurisdiction Act 1975 (c. 59)

15A  An offence under section 2 (hi-jacking of vehicles or ships)..

Supervised activity order in respect of certain financial penaltiesN.I.

58  (1)  Article 45 of the Criminal Justice (Northern Ireland) Order 2008 (supervised activity orders for default in payment of certain fines) is amended as follows.

(2) After paragraph (1) insert—

(1A) Where—

(a)section 88(6) of the Criminal Justice and Immigration Act 2008 (financial penalty enforceable in Northern Ireland in accordance with Framework Decision) applies to a financial penalty (within the meaning given in section 92(2) of that Act);

(b)a magistrates' court would, but for this Article, make an order or issue a warrant for the committal of that person for default in paying the financial penalty or any instalment of that penalty by the due date; and

(c)the court considers a supervised activity order more appropriate than such committal,

the court may, instead of making that order or issuing that warrant, make a supervised activity order in respect of that person..

(3) In paragraphs (5) and (6) after “fine” (wherever occurring) insert “ or penalty ”.

(4) In paragraph (7) at the end add “ or, as the case may be, the penalty mentioned in paragraph (1A)(a) ”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources