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The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

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Articles 23 and 24: supplementary
This section has no associated Explanatory Memorandum

25.—(1) In Articles 23 and 24—

“qualifying sentence” means—

(a)

a sentence of imprisonment for a term of 12 months or more,

(b)

an order for detention in a young offenders centre for a term of 12 months or more,

(c)

a sentence of detention during the pleasure of the Secretary of State under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9),

(d)

a hospital order within the meaning of the Mental Health (Northern Ireland) Order 1986 (NI 4), or

(e)

a guardianship order within the meaning of that Order;

“relevant order” means—

(a)

an order that the individual in question be admitted to hospital, or

(b)

a guardianship order within the meaning of the Mental Health (Northern Ireland) Order 1986.

(2) In this Chapter references to a sentence of imprisonment or order for detention include references to a suspended sentence or order.

(3) If, for the purposes of making an order under Article 23 or 24 the court determines, after considering any available evidence, that an individual was, or was not, under the age of 18 at the time when the offence in question was committed, his age at that time shall be taken, for the purposes of that Article (and in particular for the purpose of determining any question as to the validity of the order), to be that which the court determined it to be.

(4) Below in this Chapter—

(a)references to a disqualification order are to an order under Article 23 or 24,

(b)in relation to an individual on whom a sentence has been passed, or in relation to whom an order has been made, as mentioned in paragraph (2) or (3) of Article 23 or 24, references to his sentence are to that sentence or order.

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