Search Legislation

The Criminal Justice (Northern Ireland) Order 2008

Status:

This is the original version (as it was originally made).

Article 102.

SCHEDULE 5AMENDMENTS

This schedule has no associated Explanatory Memorandum

The Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)

1.  In section 33(2) (interpretation) at the end add

if—

(a)the sentences were passed on the same occasion; or

(b)where they were passed on different occasions, the person has not been released under Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 at any time during the period beginning with the first and ending with the last of those occasions. .

The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

2.  In Part 3 of Schedule 1 (other disqualifying offices) at the appropriate place insert—

  • Parole Commissioner for Northern Ireland.

The Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27

3.  In Article 6(1) (sentences excluded from rehabilitation), after sub-paragraph (d) add—

(e)an indeterminate custodial sentence imposed under Article 13 of the Criminal Justice (Northern Ireland) Order 2008 or an extended custodial sentence imposed under Article 14 of that Order ,.

The Repatriation of Prisoners Act 1984 (c. 47)

4.—(1) In section 2 (transfer out of the United Kingdom) in subsection (4)(b) after sub-paragraph (iii) insert—

(iiia)released on licence under Article 17 or 19 of the Criminal Justice (Northern Ireland) Order 2008;.

(2) In the Schedule (operation of certain enactments in relation to the prisoner) after paragraph 2 insert—

2A.(1) This paragraph applies to a prisoner repatriated to Northern Ireland.

(2) In determining for the purposes of Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 whether the prisoner has at any time served a particular proportion or part of his sentence specified in that Chapter, the prisoner’s sentence shall subject to sub-paragraph (3), be deemed to begin with the day on which the relevant provisions take effect.

(3) If the warrant specifies a period to be taken into account for the purposes of this paragraph, the amount of time the prisoner has served shall, so far only as the question whether he has served a particular proportion or part of his sentence, be deemed to be increased by that period.

(4) Where the prisoner’s sentence is for a term of less than 12 months, Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 shall apply as if the sentence were for a term of 12 months or more.

(5) In this paragraph “sentence” means the provision included in the warrant which is equivalent to sentence..

The Mental Health (Northern Ireland) Order 1986 (NI 4)

5.—(1) In Article 44 (power of court to order hospital admission or guardianship) after paragraph (1) insert—

(1A) In the case of an offence the sentence for which would otherwise fall to be imposed—

(a)under Article 70(2) of the Firearms (Northern Ireland) Order 2004 (NI 3),

(b)under paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 (c. 38), or

(c)under Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008,

nothing in those provisions shall prevent a court from making an order under paragraph (1) for the admission of the offender to a hospital

(1B) References in paragraph (1A) to a sentence falling to be imposed under any of the provisions mentioned in that paragraph are to be read in accordance with Article 4(2) of the Criminal Justice (Northern Ireland) Order 2008..

(2) In Articles 56(3) and 79(5A) for “Life Sentence Review Commissioners” (wherever occurring) substitute “Parole Commissioners for Northern Ireland”.

The Criminal Justice Act 1988 (c. 33)

6.  In section 36(9) (reviews of sentencing) after paragraph (ab) insert—

(ac)the reference to any of sections 225 to 229 of the Criminal Justice Act 2003 shall be construed as a reference to either of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 2008..

The Criminal Justice (Northern Ireland) Order 1996 (NI 24)

7.—(1) In Article 2(2) (interpretation) in the definition of “custodial sentence” in paragraph (b)(ii) at the end add “or a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008”.

(2) In Article 4(1) (absolute and conditional discharge) after “2006” insert “or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008”.

(3) In Article 10(1) (probation orders) after “2006” insert “or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008”.

(4) In Article 13(1) (community service orders) after “2006” insert “or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008”.

(5) In Article 15(1) (combination orders) after “2006” insert “or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008”.

(6) In Article 25(3) (custody probation orders) for “7(2)(a)(ii)” substitute “7(2)(b)”.

(7) In Article 36(1) (savings) after “this Part” insert “or Part 2 of the Criminal Justice (Northern Ireland) Order 2008”.

(8) In Article 39(3) (juvenile justice orders) for “Articles 19 and 20 of that Order” substitute “Article 5 of the Criminal Justice (Northern Ireland) Order 2008”.

(9) In Article 44A(4) (custody care orders) for “Articles 19 and 20 of that Order” substitute “Article 5 of the Criminal Justice (Northern Ireland) Order 2008”.

The Life Sentences (Northern Ireland) Order 2001 (NI 2)

8.  In Article 2(2) (interpretation), in the definition of “the Commissioners” for “Life Sentence Review Commissioners” substitute “Parole Commissioners for Northern Ireland”.

The Justice (Northern Ireland) Act 2002 (c. 26

9.  In section 46(1)(ea) (organisations to be inspected by Chief Inspector of Criminal Justice), for “Life Sentence Review Commissioners” substitute “Parole Commissioners for Northern Ireland”.

The Sexual Offences Act 2003 (c. 42)

10.—(1) In the table in section 82(1) (notification period for persons convicted of sexual offences under requirement to notify the police about certain matters), in the entry relating to a person sentenced to imprisonment for life, to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or to imprisonment for a term of 30 months or more, after “2003” insert “, to an indeterminate custodial sentence under Article 13(4)(a) of the Criminal Justice (Northern Ireland) Order 2008”.

(2) In section 131 (application of Part 2 to young offenders) at the end add—

(m)a sentence of detention under Article 13(4)(b) or 14(5) of the Criminal Justice (Northern Ireland) Order 2008..

The Access to Justice (Northern Ireland) Order 2003 (NI 10)

11.  In Article 25(2)(b)(ii) (right to representation) for “Life Sentence Review Commissioners” substitute “Parole Commissioners for Northern Ireland”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Order as a PDF

The Whole Order you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Order

The Whole Order you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources