Search Legislation

Justice Act (Northern Ireland) 2016

Status:

This is the original version (as it was originally enacted).

Re-entry into Northern Ireland of offender removed under section 55

This section has no associated Explanatory Notes

56.—(1) This section applies to a person who, having been removed from prison under section 55, has been removed from the United Kingdom before serving the requisite custodial period.

(2) If a person to whom this section applies enters Northern Ireland at any time before the person’s sentence expiry date, the person is liable to be detained in pursuance of the person’s sentence from the time of the person’s entry into Northern Ireland until whichever is the earlier of the following—

(a)the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and

(b)the person’s sentence expiry date.

(3) A constable may arrest without warrant any person whom he reasonably suspects is liable to be detained by virtue of subsection (2) and take that person to the place in which that person is liable to be detained.

(4) A person returned to prison by virtue of subsection (2) may not be again removed from prison under section 55.

(5) Where—

(a)a person to whom Article 17(1) of the 2008 Order applies is returned to prison by virtue of subsection (2), and

(b)the further custodial period ends before the sentence expiry date,

Article 17(1) has effect in relation to the person as if the reference to the requisite custodial period were a reference to the further custodial period.

(6) In this section—

“further custodial period” has the meaning given by subsection (2)(a);

“outstanding custodial period”, in relation to a person, means the period beginning with the date of the person’s removal from the United Kingdom and ending with the date on which the person would, but for that removal, have served the requisite custodial period;

“sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for that person’s release from prison and removal from the United Kingdom, that person would have served the whole of the sentence.

Back to top

Options/Help

Print Options

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.

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 enacted version 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