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The Criminal Justice (Northern Ireland) Order 1996

Status:

This is the original version (as it was originally made).

Breach of licence conditions

27.—(1) If at any time while an offender is released on licence under Article 26 it appears on complaint to a justice of the peace that the offender has failed to comply with any of the conditions specified in the licence, the justice may—

(a)issue a summons requiring the offender to appear at the place and time specified in it; or

(b)if the complaint is in writing and on oath, issue a warrant for his arrest.

(2) Any summons or warrant issued under paragraph (1) shall direct the offender to appear or be brought before a court of summary jurisdiction acting for the petty sessions district in which he resides.

(3) If it is proved to the satisfaction of the court of summary jurisdiction before which an offender released on licence under Article 26 appears or is brought under paragraph (2) that he failed without reasonable excuse to comply with any of the conditions specified in the licence, the court may—

(a)impose on him a fine not exceeding £1,000; or

(b)suspend the licence for a period not exceeding 6 months and order him to be recalled to prison or, as the case may be, a young offenders centre for the period of the suspension.

(4) On the suspension of the licence of an offender under paragraph (3)(b), he shall be liable to be detained in pursuance of his sentence or order for detention and, if at large, shall be deemed to be unlawfully at large.

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