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The Criminal Justice (Northern Ireland) Order 2008

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This is the original version (as it was originally made).

PART 3RISK ASSESSMENT AND MANAGEMENT

Interpretation of this Part

49.—(1) In this Part—

“agencies” means—

(a)

the Police Service of Northern Ireland;

(b)

the Probation Board for Northern Ireland;

(c)

the Department of Education;

(d)

the Department for Employment and Learning;

(e)

the Department of Health, Social Services and Public Safety;

(f)

the Department for Social Development;

(g)

HSS Boards and HSS trusts;

(h)

Education and Library Boards;

(i)

the Northern Ireland Housing Executive;

(j)

the National Society for the Prevention of Cruelty to Children;

“serious harm” means death or serious personal injury, whether physical or psychological;

“specified” means specified in guidance under Article 50.

(2) The Secretary of State may by order amend the definition of “agencies” in paragraph (1).

Guidance to agencies on assessing and managing certain risks to the public

50.—(1) The Secretary of State may issue guidance to agencies on the discharge of any of their functions which contribute to the more effective assessment and management of the risks posed by persons of a specified description

(2) Guidance under this Article may contain provisions for the purpose of facilitating co-operation between agencies, including—

(a)provisions requiring agencies to maintain arrangements for that purpose and to draw up a memorandum of co-operation; and

(b)provisions regarding the exchange of information among them.

(3) Paragraph (2) does not affect the generality of paragraph (1).

(4) Agencies shall give effect to guidance under this Article.

(5) The Secretary of State shall consult the agencies before issuing guidance under this Article.

(6) The Secretary of State shall not specify a description of persons in guidance under this Article unless, whether by reason of offences committed by them (in Northern Ireland or elsewhere) or otherwise, the Secretary of State has reason to believe that persons of that description may cause serious harm to the public.

Review of arrangements and report on functions

51.—(1) The agencies shall, in consultation with the lay advisers appointed under paragraph (2), keep any arrangements mentioned in Article 50(2)(a) under review with a view to monitoring the effectiveness of the arrangements and making any changes which appear to be necessary or expedient.

(2) The Secretary of State shall appoint 2 lay advisers and pay to or in respect of them such allowances as the Secretary of State may determine.

(3) As soon as practicable after the end of each financial year, the agencies shall jointly prepare and publish a report on the discharge during that period of —

(a)their functions connected with assessing and managing risks posed by persons of a specified description; and

(b)their duty under paragraph (1).

(4) The report must include—

(a)details of any arrangements mentioned in Article 50(2)(a); and

(b)information of such descriptions as the Secretary of State may determine.

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