Criminal Justice (Northern Ireland) Order 1980

N.I.

Statutory Instruments

1980 No. 704 (N.I. 6)

Criminal Justice (Northern Ireland) Order 1980

[21st May 1980]

N.I.

Title and commencement N.I.

1.—(1) This Order may be cited as the Criminal Justice (Northern Ireland) Order 1980.

(2) Commencement

Interpretation N.I.

2.  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.

Arts. 3‐5 rep. by 1994 NI 15

Restitution orders N.I.

Restitution orders N.I.

6.—(1) The following provisions of this Article shall have effect with respect to section 27 of the Theft Act (Northern Ireland) 1969 [1969 c.16] (which enables orders for restitution and certain other orders to be made in relation to stolen property).

(2) The powers conferred by—

(a) subsection (1)( c) of the said section 27 (payment to owner of stolen goods out of money taken from the offender on his apprehension); and

(b) subsection (3) of that section (payment to purchaser of, and lender on the security of, stolen goods out of money so taken),

shall be exercisable without any application being made in that behalf or on the application of any person appearing to the court to be interested in the property concerned.

(3) The powers conferred by the said section 27 shall be exercisable not only where a person is convicted of an offence with reference to the theft of the goods in question but also where, on the conviction of a person of any other offence, the court takes an offence with reference to the theft of those goods into consideration in determining sentence.

(4) Where an order is made under the said section 27 against any person in respect of an offence taken into consideration in determining his sentence—

(a) the order shall cease to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;

(b) he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.

(5) Any order under the said section 27 made by a court of summary jurisdiction shall be suspended—

(a) in any case until the expiration of the period for the time being prescribed by law for the giving of notice of appeal against a decision of a court of summary jurisdiction;

(b) where notice of appeal is given within the period so prescribed, until the determination of the appeal;

but this paragraph shall not apply where the order is made under section 27(1)( a) or ( b) and the court so directs, being of the opinion that the title to the goods to be restored or, as the case may be, delivered or transferred under the order is not in dispute.

Miscellaneous and supplementary N.I.

Art. 7 rep. by 1994 NI 15

Driving disqualification where vehicle used for purposes of crime N.I.

8.—(1) This Article applies where a person is convicted of an offence punishable on indictment with imprisonment for a term of two years or more.

[F1 (1A) This Article also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).]

(2) If in a case to which this Article applies[F1 by virtue of paragraph (1)] a court is satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining a driving licence or a provisional licence granted under [F2 Part II of the Road Traffic (Northern Ireland) Order 1981 [1981 NI 1] ] so, however, that [F3 Article 49(1) of the Road Traffic Offenders (Northern Ireland) Order 1996] shall not have effect so as to require particulars of the conviction and disqualification to be endorsed on any such licence held by that person.

[F1 (2A) If in a case to which this Article applies by virtue of paragraph (1A) the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining such a licence.]

(3) A court which makes an order under this Article disqualifying a person for holding or obtaining any such licence as is mentioned in paragraph (2) shall require him to produce to the court any such licence held by him within five days or such longer time as the court may determine; and—

(a) if the licence is not produced within such time, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F4 level 3 on the standard scale];

(b) if he applies under[F3 Article 47 of the Road Traffic Offenders (Northern Ireland) Order 1996] for the disqualification to be removed and the court so orders, [[F3 paragraph (6)] of that Article] shall not have effect so as to require particulars of the order to be endorsed on the licence, but the court shall send notice of the order to the Department of the Environment.

[F1 (4) Facilitating the commission of an offence shall be taken for the purposes of this Article to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection, and references in this Article to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of young offenders.]

[F3 (5) Paragraphs (3B), (4) and (4AA) of Article 180 of the Road Traffic (Northern Ireland) Order 1981 shall apply for the purposes of paragraph (3) in the same manner as they apply for the purposes of Article 29 of the Road Traffic Offenders (Northern Ireland) Order 1996.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1 1994 NI 15

F2 1981 NI 1

F3 1996 NI 10

F4 1984 NI 3

Modifications etc. (not altering text)

C1 Art. 8(1A) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94(1), Sch. 6 para. 6 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Inciting girl under sixteen to have incestuous sexual intercourse N.I.

9.  F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F5 Art. 9 repealed (2.2.2009) by Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, 83, Sch. 1 para. 14, Sch. 3 (with Sch. 2 para. 1); S.R. 2008/510, art. 2

Penalty on persons found drunk N.I.

10.—(1) A person who is drunk in any road or other public place, whether a building or not, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F6 £25],F7 ....

(2) A person who is drunk while in charge, in any road or other public place, of any horse or cattle shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F6 level 2 on the standard scale] or to imprisonment for a term not exceeding two months or both.

Para. (3) rep. by 1981 NI 2

Para. (4) rep. by 1989 NI 12

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F6 1984 NI 3

F7 1989 NI 12

Medical practitioners for post-mortem examinations N.I.

11.—(1) The Secretary of State may—

(a) employ registered medical practitioners, or

(b) enter into arrangements with a registered medical practitioner, other than a practitioner employed under sub-paragraph ( a), for the provision of that practitioner's services,

to conduct post-mortem examinations or analyses in connection with any death which may be the subject of an inquest held by a coroner.

(2) The Secretary of State may pay—

(a) to a registered medical practitioner employed under paragraph (1)( a), such remuneration and pensions,

(b) to a registered medical practitioner whose services are provided under an arrangement under paragraph (1)( b), such fees or allowances,

(c) to any person assisting at, or rendering assistance in connection with, post-mortem examinations, such fees or allowances,

as, with the consent of the Minister for the Civil Service, he may determine.

(3) The Secretary of State may by rules regulate the practice and procedure to be adopted by registered medical practitioners and others in connection with post-mortem examinations or analyses which are conducted in connection with any death which may be the subject of an inquest held by a coroner and, without prejudice to the generality of this provision, may provide for the manner in which such examinations and analyses are to be conducted and for the preparation of reports upon such examinations and analyses.

(4) Rules made under paragraph (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 [1946 c.36] shall apply accordingly.

Art.12, with Schedule 1, effects amendments.

Art.13, with Schedule 2, effects repeals

N.I.

Schedule 1—Amendments.

N.I.

Schedule 2—Repeals