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The Criminal Justice (Northern Ireland) Order 1996
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Order transfer of functions by S.I. 2010/976 art. 4(1)(2) Sch. 1
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(a)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(b)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(c)
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(d)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 44A(4) text amended by S.I. 2008/1216 (N.I.) Sch. 5 para. 7(9) (The purported correct affected document is SI 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)
Commencement Orders yet to be applied to the The Criminal Justice (Northern Ireland) Order 1996:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Order you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Order into force:
- S.I. 2009/2565 art. 2 commences (2006 c. 15)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.R. 2009/114 art. 2 commences (2009 c. 1 (N.I.))
- S.R. 2009/120 art. 2 commences (S.I. 2008/1216 (N.I.))
- S.R. 2011/224 art. 2 commences (2011 c. 24 (N.I.))
- S.R. 2011/370 art. 2 3 commences (2011 c. 24)
- S.R. 2012/214 art. 2-5 commences (2011 c. 24 (N.I.))
False statements as to financial circumstancesN.I.
31.—(1) If an individual in furnishing a statement in pursuance of a financial circumstances order under Article 30 or a person who is charged with an offence in furnishing a statement of his financial circumstances in response to an official request—
(a)makes a statement which he knows to be false in a material particular;
(b)recklessly furnishes a statement which is false in a material particular; or
(c)knowingly fails to disclose any material fact,
he shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.
(2) For the purposes of this Article an official request is a request which—
(a)is made by the clerk of petty sessions or the chief clerk, as the case may be; and
(b)is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose.
(3) Proceedings in respect of an offence under this Article may, notwithstanding anything in Article 19(1)(a) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time), be commenced at any time within 2 years from the date of the commission of the offence or within 6 months from its first discovery by the prosecution, whichever period expires the earlier.
[F1(3) Where a person who is charged with an offence is under the age of[F2 18] years, this Article shall also apply to his parent or guardian and accordingly this Article shall have effect in relation to the parent or guardian of such a person as if—
(a)any reference to his financial circumstances were a reference to the finanical circumstances of his parent or guardian;
(b)the reference in paragraph (1) to a person who is charged with an offence were a reference to his parent or guardian;
(c)the reference in paragraph (2) to his being convicted were a reference to his being convicted and the court's deciding to make an order under Article 35 of Criminal Justice (Children) (Northern Ireland) Order 1998 against his parent or guardian.]
Annotations:
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F11998 NI 9
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