Treatment of Offenders (Northern Ireland) Order 1980 No. 1084 (NI. 10)

Statutory Instruments

1980 No. 1084 (N.I. 10)

Treatment of Offenders (Northern Ireland) Order 1980

[28th July 1980]

Title and commencement N.I.

1.  This Order may be cited as the Treatment of Offenders (Northern Ireland) Order 1980 … CommencementF1 …

F1 fully exercised by SR 1980/341

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“the appointed day” means the day appointed under Article 1;

“young offenders centre” has the meaning assigned to it by section 2( a) of the Treatment of Offenders Act (Northern Ireland) 1968 [1968 c.29] .

Abolition of Borstal training N.I.

3.  No person shall, after the appointed day, be sentenced to Borstal training.

Transitional provisions, amendments and repeals N.I.

4.—(1) The transitional provisions set out in Schedule 1 shall have effect.

Para.(2), with Schedule 2, effects amendments; para.(3), with Schedule 3, effects repeals

SCHEDULES

Article 4(1).

SCHEDULE 1 N.I. TRANSITIONAL PROVISIONS

1.  A Borstal institution provided and maintained by the Secretary of State immediately before the appointed day shall on that day become a young offenders centre. N.I.

2.  Notwithstanding section 72(3) of the Children and Young Persons Act (Northern Ireland) 1968 [1968 c.34] , a person who immediately before the appointed day is serving a sentence of training in a Borstal institution shall as from that day be deemed to be serving a sentence of detention for a term of two years in a young offenders centre passed on the date on which he was sentenced to Borstal training. N.I.

3.  Where a person to whom paragraph 2 applies has immediately before the appointed day been detained in a Borstal institution for less than twelve months, the Secretary of State may at any time after the appointed day discharge that person from the young offenders centre and on such discharge that person's sentence shall expire; and for the purposes of Article 3 of the Treatment of Offenders (Northern Ireland) Order 1976 [1976 NI 4] such person shall be deemed to have been discharged in pursuance of prison rules. N.I.

4.  A person who immediately before the appointed day is under supervision after his release from a Borstal institution shall on that day cease to be under supervision. N.I.

5.  A person who immediately before the appointed day is unlawfully at large from a Borstal institution shall as from that day be treated as if he were unlawfully at large from a young offenders centre. N.I.

N.I.

Schedule 2—Amendments

N.I.

Schedule 3—Repeals