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The Criminal Justice (Northern Ireland) Order 1996
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The Criminal Justice (Northern Ireland) Order 1996, Section 28 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 28:
- Instrument rev. in pt. by 1998 c. 40 s.9(1) (2) Sch.1 Pt.II para.10 Sch.2 Pt.II
- arts.26-28 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.12(2)(a) (5)
- arts.26-28 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.13(2)(a) (5)
- arts.26-28 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.12(2)(a) (5)
- arts.26-28 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.13(2)(a) (5)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 para. 9(1)(a)(i) words repealed by 2015 c. 9 (N.I.) Sch. 1 para. 112(5)(e) Sch. 9 Pt. 1
- art. 44A(4) words substituted by S.I. 2008/1216 (N.I.) Sch. 5 para. 7(9) (This amendment not applied to legislation.gov.uk. It is thought that the correct affected document should be S.I. 1998/1504 (N.I. 9), art. 44A(4). The correction will be made as soon as we get the approved amended document from the relevant office)
- art. 53(1) art. 53 renumbered as art. 53(1) by 2019 c. 17 s. 44(6)
- art. 53(1)(a) substituted by 2019 c. 17 s. 43(2)
- art. 53(2)-(9) inserted by 2019 c. 17 s. 44(7)
- art. 54A inserted by 2019 c. 17 s. 37(3)
Convictions during currency of original sentencesN.I.
28.—(1) Where an offender released on licence under Article 26—
(a)before the date on which he would (but for his release) have served his sentence or order for detention in full, commits an offence punishable with imprisonment; and
(b)whether before or after that date, is convicted of that offence ( “the new offence”);
the court by or before which he is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison or a young offenders centre for the whole or any part of the period which—
(i)begins with the date of the order; and
(ii)is equal in length to the period between the date on which the new offence was committed and the date mentioned in sub-paragraph (a).
(2) A court of summary jurisdiction—
(a)shall not have power to order an offender released on licence under Article 26 to be returned to prison or a young offenders centre for a period of more than 6 months; but
(b)may commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(3) Where, under paragraph (2)(b), a court deals with an offender released on licence under Article 26, it shall send to the Crown Court such particulars of the case as may be desirable.
(4) Where, by virtue of paragraph (2)(b), an offender released on licence under Article 26 is brought or appears before the Crown Court, the Court may order him to be returned to prison or a young offenders centre for the whole or any part of the period which—
(a)begins with the date of the order; and
(b)is equal in length to the period between the date on which the new offence was committed and the date mentioned in paragraph (1)(a).
(5) The period for which an offender released on licence under Article 26 is ordered under paragraph (1) or (4) to be returned to prison or a young offenders centre—
(a)shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and
(b)in either case, shall be disregarded in determining the appropriate length of that sentence.
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