The Treatment of Offenders (Northern Ireland) Order 1989

Suspended sentences N.I.

9.—(1) In section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences) for subsection (1) there shall be substituted the following subsections—

“(1) A court which—

(a) passes a sentence of imprisonment for a term of not more than two years for an offence which is not a serious offence within the meaning of subsection (1B); or

(b) makes an order for detention in a young offenders centre for a term of not more than two years for such an offence,

may order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than three years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty‐one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence or order for detention shall take effect.

(1A) A court which—

(a) passes a sentence of imprisonment for a term of not more than seven years for a serious offence within the meaning of subsection (1B); or

(b) makes an order for detention in a young offenders centre for such an offence,

may order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than five years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty‐one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence shall take effect.

(1B) In—

(a) subsections (1) and (1A) “serious offence” means an offence for which a person aged twenty‐one years or over may, on conviction on indictment, be sentenced to imprisonment for a term of five years or more; and

(b) this section and sections 19 to 21 “operational period” in relation to a suspended sentence or order for detention means the period specified in the order under subsection (1) or, as the case may be, (1A).” .

(2) In section 19(1) of that Act (power of court on conviction of further offence to deal with suspended sentence)—

(a) for paragraph ( c ) there shall be substituted the following paragraph—

“(c) it may by order vary the original order under section 18—

(i) where it was made under subsection (1) of that section, by substituting for the period specified therein a period expiring not later than three years from the date of the variation;

(ii) where it was made under subsection (1A) of that section, by substituting for the period specifiedtherein a period expiring not later than five years from the date of the variation;” .

(b) the words “ which have arisen since the suspended sentence or order for detention was passed or made ” shall cease to have effect.