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The Criminal Justice (Northern Ireland) Order 2008

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Length of custodial period

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8.—(1) This Article applies where a court passes—

(a)a sentence of imprisonment for a determinate term, other than an extended custodial sentence, or

(b)a sentence of detention in a young offenders centre

in respect of an offence committed after the commencement of this Article.

(2) The court shall specify a period (in this Article referred to as “the custodial period”) at the end of which the offender is to be released on licence under Article 17.

(3) The custodial period shall not exceed one half of the term of the sentence.

(4) Subject to paragraph (3), the custodial period shall be the term of the sentence less the licence period.

(5) In paragraph (4) “the licence period” means such period as the court thinks appropriate to take account of the effect of the offender’s supervision by a probation officer on release from custody—

(a)in protecting the public from harm from the offender; and

(b)in preventing the commission by the offender of further offences.

(6) Remission shall not be granted under prison rules to the offender in respect of the sentence.

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