http://www.legislation.gov.uk/id/nisi/1996/3160

http://www.legislation.gov.uk/nisi/1996/3160/article/4/made

The Criminal Justice (Northern Ireland) Order 1996

Probation

Government Printer for Northern Ireland

2013-07-10

NORTHERN IRELAND

This Order—makes further provision with respect to the powers of the courts to deal with offenders, including fresh provision with respect to probation and community service orders and to release on licence of sex offenders;makes provision for 28 day remands;makes provision about the jurisdiction of courts in Northern Ireland in relation to certain offences of dishonesty and blackmail;makes provision for an accused to be open to question as to his own character if he impugns the character of a deceased victim of the alleged crime;abolishes the corroboration rules;makes provision relating to the verdict of insanity or unfitness to plead and provides for a trial of the facts in the case of a defendant found to be unfit to plead;creates an offence of witness and juror intimidation;creates new offences with respect to certain knives and other dangerous weapons; andenables rules to provide for the furnishing of information by the prosecution in criminal cases.

The Criminal Justice (Northern Ireland) Order 1996

art. 44A(4)

The Criminal Justice (Northern Ireland) Order 2008

Sch. 5

para. 7(9)

art. 1(4)

art. 2

Sch. 1

para. 18(b)

Sch. 2

para. 1

The Criminal Justice (Northern Ireland) Order 1996

Sch. 2

para. 9(1)(a)(i)

Justice Act (Northern Ireland) 2015

Sch. 1

para. 112(5)(e)

Sch. 9

Pt. 1

Sch. 8

para. 1

s. 106(2)

art. 2(k)(m)

art. 3

The Criminal Justice (Northern Ireland) Order 1996

art. 54A

Offensive Weapons Act 2019

s. 37(3)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

art. 53(1)(a)

Offensive Weapons Act 2019

s. 43(2)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

art. 53(1)

Offensive Weapons Act 2019

s. 44(6)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

art. 53(2)-(9)

Offensive Weapons Act 2019

s. 44(7)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

Instrument

Criminal Justice (Terrorism and Conspiracy) Act 1998

s.9(1)

(2)

Sch.1 Pt.II

para.10

Sch.2

Pt.II

PART IITREATMENT OF OFFENDERS

Discharge

Absolute and conditional discharge4

1

Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of the opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment, the court may make an order either—

a

discharging him absolutely; or

b

if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding 3 years from the date of the order, as may be specified in the order.

2

Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

3

Where, under this Part, a person conditionally discharged under this Article is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

4

The Secretary of State may by order direct that paragraph (1) shall be amended by substituting for the maximum period for the time being specified in sub-paragraph (b) of that paragraph, such other period as may be specified in the order.

5

Nothing in paragraph (1) shall be construed as preventing a court which discharges an offender absolutely or conditionally in respect of any offence from making an order for costs against the offender or from making an order under Article 11 or 14 of the [1994 NI 15.] Criminal Justice (Northern Ireland) Order 1994 (power to deprive offenders of property used, or intended for use, for purposes of crime and compensation orders) or under Article 8 of the [1980 N1 6.] Criminal Justice (Northern Ireland) Order 1980 (driving disqualification where vehicle used for purposes of crime) or under section 27 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 (restitution orders).