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The Criminal Justice (Northern Ireland) Order 1996

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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

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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:

3.  (1)  [F1Where under paragraph 2 an offender is brought or appears before a court of summary jurisdiction and it is proved to the satisfaction of the court] that he has failed without reasonable excuse to comply with any of the requirements of the relevant order, the court may deal with him in respect of the failure in any one of the following ways, namely—N.I.

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

(b)subject to paragraph 6(3) to (5), it may make a community service order in respect of him;

(c)where the relevant order is a probation order and the case is one to which[F2 Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies, it may make an order under that Article] requiring him to attend at an attendance centre; or

(d)F3. . . , it may revoke the order and deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

(2) In dealing with an offender under sub-paragraph (1)(d), a court of summary jurisdiction—

(a)shall take into account the extent to which the offender has complied with the requirements of the relevant order; and,

(b)may assume, in the case of an offender who has wilfully and persistently failed to comply with those requirements, that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent.

(3) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F21998 NI 9

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