The Treatment of Offenders (Northern Ireland) Order 1989

Abolition of power to pass recorded sentence

8.—(1) A court shall not after the coming into operation of this Article pass a recorded sentence of imprisonment on any person or make a recorded order for detention in a young offenders centre in relation to any person.

(2) Paragraph (3) applies to a case where—

(a) a court has before the coming into operation of this Article passed a recorded sentence of imprisonment on any person or made a recorded order for detention in a young offenders centre in relation to any person; and

(b) the court has not ordered that the sentence or order take effect.

(3) In a case to which this paragraph applies—

(a) the recorded sentence of imprisonment or order for detention shall, subject to the following provisions of this Article, have effect as if it were a suspended sentence of imprisonment or order for detention;

(b) sections 18(5), 19, 20 and 21 of the Act of 1968 shall apply to the recorded sentence or order for detention as if it were a suspended sentence or order for detention passed or made at the same time and for the same term as the recorded sentence under—

(i) where the offence in respect of which it was imposed was not a serious offence within the meaning of section 18(1B) of the Act of 1968, section 18(1) of that Act; and

(ii) in any other case, section 18(1A) of that Act; and

(c) for the purposes of the provisions mentioned in sub-paragraph (b), the operational period of the suspended sentence shall be—

(i) where the period for which the court, in connection with imposing the recorded sentence on a person, bound that person over to be of good behaviour and keep the peace (in this sub-paragraph referred to as “the recorded period”) is 5 years or less, the same period as the recorded period;

(ii) where the recorded period is more than 5 years and has expired before the coming into operation of this Article, the same period as the recorded period; and

(iii) where the recorded period is more than 5 years and has not expired before the coming into operation of this Article, the period of 5 years from the date on which the sentence was imposed or the period beginning on that date and ending on the date on which this Article comes into operation, whichever is the longer.

(4) Paragraph (3) applies—

(a) notwithstanding that a suspended sentence of imprisonment or order for detention for the same term as the recorded sentence of imprisonment could not be passed or made under subsection (1) or (as the case may be) (1A) of section 18 of the Act of 1968;

(b) notwithstanding that the operational period provided for by paragraph (3)(c) is not one which could be specified by a court in relation to a suspended sentence under subsection (1) or (as the case may be) (1A) of section 18 of that Act;

(c) whether any offence committed during the operational period provided for by paragraph (3)(c) was committed before or after the coming into operation of this Article.

(5) The references in section 26(2) and (3) of the Act of 1968 to a suspended sentence shall not be construed as including references to a recorded sentence which by virtue of this Article has effect as if it were a suspended sentence.

(6) Any statutory provision (other than the Act of 1968) which applies to a suspended sentence shall, with such modifications as are appropriate in consequence of this Article, apply to a sentence which by virtue of this Article has effect as if it were a suspended sentence.

(7) A notice issued by a court before the coming into operation of this Article to any person on whom that court has imposed a recorded sentence requiring that person to appear before the court on a date after the coming into operation of this Article shall have effect as if it were a summons issued under section 21(1) of the Act of 1968 requiring that person to appear at the place and time specified therein.

(8) In this Article “the Act of 1968” means the Treatment of Offenders Act (Northern Ireland) 1968(1).

(1)

1968 c. 29 (N.I.)