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The Criminal Justice (Northern Ireland) Order 2008

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 12(1).

SCHEDULE 1SERIOUS OFFENCES

1.  Manslaughter.

2.  Rape.

3.  Kidnapping.

4.  Riot.

5.  Affray.

6.  False imprisonment.

The Offences against the Person Act 1861 (c. 100)

7.  An offence under—

  • section 4 (soliciting murder),

  • section 16 (threats to kill),

  • section 18 (wounding with intent to cause grievous bodily harm),

  • section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence),

  • section 22 (using chloroform etc. to commit or assist in the committing of any indictable offence),

  • section 23 (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm),

  • section 28 (causing bodily injury by explosives),

  • section 29 (using explosives etc. with intent to do grievous bodily harm),

  • section 30 (placing explosives with intent to do bodily injury),

  • section 32 (endangering the safety of railway passengers),

  • section 52 (indecent assault upon a female),

  • section 53 (abduction of woman etc.), or

  • section 54 (abduction of woman by force).

The Explosive Substances Act 1883 (c. 3)

8.  An offence under—

  • section 2 (causing explosion likely to endanger life or property),

  • section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property), or

  • section 4 (possession of explosives in suspicious circumstances).

The Criminal Law Amendment Act 1885 (c. 69)

9.  An offence under section 4 of attempted intercourse with girl under 14.

The Infanticide Act (Northern Ireland) 1939 (c. 5

10.  An offence under section 1 (infanticide).

The Criminal Justice Act (Northern Ireland) 1945 (c. 15)

11.  An offence under section 25 (child destruction).

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

12.  An offence under—

  • section 20 (cruelty to children), or

  • section 22 (indecent conduct towards child).

The Theft Act (Northern Ireland) 1969 (c. 16)

13.  An offence under section 8 (robbery or assault with intent to rob).

14.  An offence under section 9 of burglary with intent to—

(a)inflict grievous bodily harm on a person,

(b)commit rape; or

(c)do unlawful damage to a building or anything in it.

15.  An offence under section 10 (aggravated burglary).

The Criminal Damage (Northern Ireland) Order 1977 (NI 4)

16.  An offence of arson under Article 3.

17.  An offence under Article 3(2) (destroying or damaging property) other than offence of arson.

The Protection of Children (Northern Ireland) Order 1978 (NI 17)

18.  An offence under Article 3 (indecent photographs of children).

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

19.  An offence under Article 172B (aggravated vehicle-taking causing death or grievous bodily injury).

The Taking of Hostages Act 1982 (c. 28)

20.  An offence under section 1 (hostage-taking).

The Aviation Security Act 1982 (c. 36)

21.  An offence under—

  • section 1 (hijacking),

  • section 2 (destroying, damaging or endangering safety of aircraft), or

  • section 3 (other acts endangering or likely to endanger safety of aircraft).

The Criminal Justice Act 1988 (c. 33)

22.  An offence under section 134 (torture).

The Aviation and Maritime Security Act 1990 (c. 31)

23.  An offence under—

  • section 1 (endangering safety at aerodromes)

  • section 9 (hijacking of ships),

  • section 10 (seizing or exercising control of fixed platforms),

  • section 11 (destroying fixed platforms or endangering their safety),

  • section 12 (other acts endangering or likely to endanger safe navigation), or

  • section 13 (offences involving threats).

The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

24.  An offence under Part 2 (offences relating to Channel Tunnel trains and the tunnel system).

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

25.  An offence under—

  • Article 9 (causing death or grievous bodily injury by dangerous driving), or

  • Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

The International Criminal Court Act 2001 (c. 17)

26.  An offence under section 51 or 52 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

The Female Genital Mutilation Act 2003 (c. 31)

27.  An offence under—

  • section 1 (female genital mutilation),

  • section 2 (assisting a girl to mutilate her own genitalia), or

  • section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia).

The Sexual Offences Act 2003 (c. 42)

28.  An offence under—

  • section 15 (meeting a child following sexual grooming etc.),

  • section 47 (paying for sexual services of a child) where subsection (3) or (4) of that section applies,

  • section 48 (causing or inciting child prostitution or pornography),

  • section 49 (controlling a child prostitute or a child involved in pornography),

  • section 50 (arranging or facilitating child prostitution or pornography),

  • section 57 (trafficking into the UK for sexual exploitation),

  • section 58 (trafficking within the UK for sexual exploitation), or

  • section 59 (trafficking out of the UK for sexual exploitation).

The Criminal Justice (Northern Ireland) Order 2003 (NI 13)

29.  An offence under—

  • Article 20 (assault with intent to commit buggery), or

  • Article 21 (indecent assault on a male).

The Domestic Violence, Crime and Victims Act 2004 (c. 28

30.  An offence under section 5 (causing or allowing the death of a child or vulnerable adult).

The Firearms (Northern Ireland) Order 2004 (NI 3)

31.  An offence under—

  • Article 58 (possession with intent),

  • Article 59 (use of firearm to resist arrest),

  • Article 60 (carrying firearm with criminal intent),

  • Article 64 (possession of a firearm or ammunition in suspicious circumstances).

Other offences

32.  An offence of—

(a)aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Schedule,

(b)conspiring to commit an offence so specified,

(c)attempting to commit an offence so specified.

34.  An offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging or assisting crime) in relation to an offence specified in this Schedule.

35.  An attempt to commit murder or a conspiracy to commit murder.

Article 12(3).

SCHEDULE 2SPECIFIED OFFENCES

PART 1SPECIFIED VIOLENT OFFENCES

1.  Manslaughter.

2.  Kidnapping.

3.  Riot.

4.  Affray.

5.  False imprisonment.

The Offences against the Person Act 1861 (c. 100)

6.  An offence under—

  • section 4 (soliciting murder),

  • section 16 (threats to kill),

  • section 18 (wounding with intent to cause grievous bodily harm),

  • section 20 (malicious wounding),

  • section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence),

  • section 22 (using chloroform etc. to commit or assist in the committing of any indictable offence)

  • section 23 (maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm),

  • section 27 (abandoning children),

  • section 28 (causing bodily injury by explosives),

  • section 29 (using explosives etc. with intent to do grievous bodily harm),

  • section 30 (placing explosives with intent to do bodily injury),

  • section 31 (setting spring guns etc. with intent to do grievous bodily harm),

  • section 32 (endangering the safety of railway passengers),

  • section 35 (injuring persons by furious driving), or

  • section 37 (assaulting officer preserving wreck).

7.  An offence under section 47 of assault occasioning actual bodily harm.

The Explosive Substances Act 1883 (c. 3)

8.  An offence under—

  • section 2 (causing explosion likely to endanger life or property),

  • section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property), or

  • section 4 (possession of explosives or ammunition in suspicious circumstances).

The Infanticide Act (Northern Ireland) 1939 (c. 5)

9.  An offence under section 1 (infanticide).

The Criminal Justice Act (Northern Ireland) 1945 (c. 15)

10.  An offence under section 25 (child destruction).

The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28)

11.  An offence under section 7(1)(b) (assault with intent to resist arrest).

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

12.  An offence under section 20 (cruelty to children).

The Theft Act (Northern Ireland) 1969 (c. 16)

13.  An offence under section 8 (robbery or assault with intent to rob).

14.  An offence under section 9 of burglary with intent to—

(a)inflict grievous bodily harm on a person, or

(b)do unlawful damage to a building or anything in it.

15.  An offence under section 10 (aggravated burglary).

The Criminal Damage (Northern Ireland) Order 1977 (NI 4)

16.  An offence of arson under Article 3.

17.  An offence under Article 3(2) (destroying or damaging property) other than offence of arson

The Road Traffic (Northern Ireland) Order 1981 (NI 1)

18.  An offence under Article 172B (aggravated vehicle-taking causing death or grievous bodily injury).

The Taking of Hostages Act 1982 (c. 28)

19.  An offence under section 1 (hostage-taking).

The Aviation Security Act 1982 (c. 36)

20.  An offence under—

  • section 1 (hijacking),

  • section 2 (destroying, damaging or endangering safety of aircraft),

  • section 3 (other acts endangering or likely to endanger safety of aircraft), or

  • section 4 (offences in relation to certain dangerous articles).

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

21.  An offence under Article 121 (ill-treatment of patients).

The Criminal Justice Act 1988 (c. 33)

22.  An offence under section 134 (torture).

The Aviation and Maritime Security Act 1990 (c. 31)

23.  An offence under—

  • section 1 (endangering safety at aerodromes),

  • section 9 (hijacking of ships),

  • section 10 (seizing or exercising control of fixed platforms),

  • section 11 (destroying fixed platforms or endangering their safety),

  • section 12 (other acts endangering or likely to endanger safe navigation), or

  • section 13 (offences involving threats).

The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

24.  An offence under Part 2 (offences relating to Channel Tunnel trains and the tunnel system).

The Road Traffic (Northern Ireland) Order 1995 (NI 18)

25.  An offence under—

  • Article 9 (causing death or grievous bodily injury by dangerous driving), or

  • Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).

The Protection from Harassment (Northern Ireland) Order 1997 (NI 9)

26.  An offence under Article 6 (putting people in fear of violence).

The Police (Northern Ireland) Act 1998 (c. 32

27.  An offence under section 66 (assaulting or obstructing a constable etc.).

The International Criminal Court Act 2001 (c. 17)

28.  An offence under section 51 or 52 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

The Female Genital Mutilation Act 2003 (c. 31)

29.  An offence under—

  • section 1 (female genital mutilation),

  • section 2 (assisting a girl to mutilate her own genitalia), or

  • section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia).

The Domestic Violence, Crime and Victims Act 2004 (c. 28)

30.  An offence under section 5 (causing or allowing the death of a child or vulnerable adult).

The Firearms (Northern Ireland) Order 2004 (NI 3)

31.  An offence under—

  • Article 58 (possession with intent),

  • Article 59 (use of firearm to resist arrest),

  • Article 60 (carrying firearm with criminal intent), or

  • Article 64 (possession of a firearm in suspicious circumstances).

Other offences

32.  An offence of—

(a)aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule,

(b)conspiring to commit an offence so specified, or

(c)attempting to commit an offence so specified.

33.  An offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging or assisting crime) in relation to an offence specified in this Part of this Schedule.

34.  An attempt to commit murder or a conspiracy to commit murder.

PART 2SPECIFIED SEXUAL OFFENCES

1.  Rape.

The Offences against the Person Act 1861 (c. 100)

2.  An offence under—

  • section 52 (indecent assault upon a female),

  • section 53 (abduction of woman etc.),

  • section 54 (abduction of woman by force), or

  • section 55 (abduction of unmarried girl under 16 from parent or guardian)

The Criminal Law Amendment Act 1885 (c. 69)

3.  An offence under—

  • section 2 (procuration),

  • section 3 (procurement of woman or girl by threats etc. or administering drugs),

  • section 4 (intercourse or attempted intercourse with girl under 14),

  • section 5 (intercourse or attempted intercourse with girl under 17),

  • section 6 (permitting girl under 17 to use premises for intercourse),

  • section 7 (abduction of girl under 18 from parent or guardian), or

  • section 8 (unlawful detention of woman or girl in brothel etc.).

The Vagrancy Act 1898 (c. 38)

4.  An offence under section 1 (living on earnings of prostitution or soliciting or importuning in a public place).

The Punishment of Incest Act 1908 (c. 45)

5  An offence under—

  • section 1 (incest by a man), or

  • section 2 (incest by a woman).

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

6.  An offence under—

  • section 21 (causing or encouraging seduction or prostitution of girl under 17), or

  • section 22 (indecent conduct towards child).

The Theft Act (Northern Ireland) 1969 (c. 16)

7.  An offence under section 9 of burglary with intent to commit rape.

The Protection of Children (Northern Ireland) Order 1978 (NI 17)

8.  An offence under Article 3 (indecent photographs of children).

The Customs and Excise Management Act 1979 (c. 2)

9.  An offence under section 170 (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles).

The Criminal Justice (Northern Ireland) Order 1980 (NI 6)

10.  An offence under Article 9 (inciting girl under 16 to have incestuous sexual intercourse).

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

11.  An offence under—

  • Article 122 (protection of women suffering from severe mental handicap), or

  • Article 123 (protection of patients).

The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)

12.  An offence under Article 15 (possession of indecent photograph of a child).

The Sexual Offences Act 2003 (c. 42)

13.  An offence under—

  • section 15 (meeting a child following sexual grooming etc.),

  • section 16 (abuse of position of trust: sexual activity with a child),

  • section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity),

  • section 18 (abuse of position of trust: sexual activity in the presence of a child),

  • section 19 (abuse of position of trust: causing a child to watch a sexual act),

  • section 47 (paying for sexual services of a child),

  • section 48 (causing or inciting child prostitution or pornography),

  • section 49 (controlling a child prostitute or a child involved in pornography),

  • section 50 (arranging or facilitating child prostitution or pornography),

  • section 52 (causing or inciting prostitution for gain),

  • section 53 (controlling prostitution for gain),

  • section 57 (trafficking into the UK for sexual exploitation),

  • section 58 (trafficking within the UK for sexual exploitation),

  • section 59 (trafficking out of the UK for sexual exploitation),

  • section 66 (exposure),

  • section 67 (voyeurism),

  • section 69 (intercourse with an animal),

  • section 70 (sexual penetration of a corpse),

  • section 91 (offences relating to notification),

  • section 113 (breach of sexual offences prevention order, etc),

  • section 122 (breach of foreign travel order),

  • section 128 (breach of risk of sexual harm order, etc).

The Criminal Justice (Northern Ireland) Order 2003 (NI 13)

14.  An offence under—

  • Article 20 (assault with intent to commit buggery), or

  • Article 21 (indecent assault on a male).

Other offences

15.  An offence of—

(a)aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule

(b)conspiring to commit an offence so specified, or

(c)attempting to commit an offence so specified.

16.  An offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging or assisting crime) in relation to an offence specified in this Part of this Schedule.

Article 45.

SCHEDULE 3SUPERVISED ACTIVITY ORDERS: FURTHER PROVISIONS

Restrictions on power to make order

1.  A court shall not make a supervised activity order in respect of any offender unless—

(a)the court has been notified by the Secretary of State that arrangements exist for persons who reside in the petty sessions district in which the offender resides, or will be residing when the order comes into force, to carry out the requirements of a supervised activity order; and

(b)the court is satisfied that provision can be made under those arrangements for the offender to carry out the requirements of the order which the court proposes to make.

Making of order

2.—(1) A supervised activity order shall specify the petty sessions district in which the offender resides or will be residing when the order comes into force.

(2) Where, whether on the same occasion or on separate occasions, an offender is made subject to more than one supervised activity order, the court may direct that the requirements specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders.

(3) But at no time shall the offender have an outstanding number of hours during which the offender is to carry out the requirements of those orders in excess of the largest number specified in Article 45(3).

Coming into force of order

3.—(1) Sub-paragraphs (2) to (5) apply where a supervised activity order comes into force in relation to an offender.

(2) The court which made the order shall as soon as practicable give a copy of the order to a probation officer assigned to the court.

(3) That probation officer shall send copies of the order to—

(a)the offender; and

(b)the supervising officer.

(4) If the court which made the order is not the appropriate court, the court shall send to the clerk of the appropriate court—

(a)a copy of the order; and

(b)such documents and information relating to the case as are considered useful

(5) The supervising officer shall as soon as practicable give the offender an explanation in ordinary language—

(a)of the purpose and effect of the order and in particular the obligations on the offender as specified in paragraph 4;

(b)of the consequences under paragraph 5 of failure to comply with any of the requirements mentioned there; and

(c)that the appropriate court has, under paragraph 6, power to review the order on the application of the offender or the supervising officer.

Requirements of order

4.—(1) An offender in respect of whom a supervised activity order is in force shall—

(a)report to the supervising officer; and

(b)notify the officer without delay of any change of address or in the times, if any, at which the offender usually works (or carries out voluntary work) or attends a school or other educational establishment.

(2) Subject to paragraph 6(1), instructions given under a supervised activity order shall be carried out during the period of 12 months beginning with the date of the order; but, unless revoked, the order shall remain in force until the offender has carried out the instructions given under it for the number of hours specified in it.

(3) The instructions given by the supervising officer under the order shall, so far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs; and

(b)any interference with the times, if any, at which the offender normally works (or carries out voluntary work) or attends a school or other educational establishment.

Failure to comply with order

5.—(1) If at any time while a supervised activity order is in force in respect of any offender it appears, on complaint to a lay magistrate, that the offender has failed to comply with any of the requirements of paragraph 4 or of the order (including any failure satisfactorily to carry out any instructions which the offender has been given by the supervising officer under the order), the lay magistrate may—

(a)issue a summons requiring the offender to appear before the appropriate court at a time specified in the summons; or

(b)if the complaint is in writing and on oath, issue a warrant for the offender to be arrested and brought before the appropriate court.

(2) If—

(a)a warrant is issued under sub-paragraph (1) requiring an offender to be brought before the Crown Court; and

(b)the offender cannot forthwith be brought before the Crown Court because it is not being held

the warrant shall have effect as if it directed the offender to be brought before a magistrates' court having jurisdiction in the place where the offender is arrested.

(3) Where an offender is brought before a magistrates' court in pursuance of sub-paragraph (2), that court shall commit the offender in custody or on bail to the Crown Court.

(4) If it is proved to the satisfaction of the appropriate court before which an offender appears or is brought under this paragraph that the offender has failed without reasonable excuse to comply with any of the requirements of paragraph 4 or of the order (including any failure satisfactorily to carry out any instructions which the offender has been given by the supervising officer under the order) the court may—

(a)revoke the order and impose such period of imprisonment not exceeding—

(i)in the case of the Crown Court, 30 days; and

(ii)in the case of a magistrates' court, 20 days,

as the court considers appropriate; or

(b)subject to Article 45(3) and paragraph 2(3), vary the number of hours specified in the order.

Amendment, extension or revocation of order

6.—(1) On the application of the offender or of the supervising officer in relation to a supervised activity order, the appropriate court may—

(a)extend, in relation to the order, the period of 12 months specified in paragraph 4(2);

(b)subject to Article 45(3) and paragraph 2(3), vary the number of hours specified in the order;

(c)revoke the order; or

(d)revoke the order and impose such period of imprisonment not exceeding—

(i)in the case of the Crown Court, 30 days; and

(ii)in the case of a magistrates' court, 20 days,

as the court considers appropriate.

(2) If—

(a)the appropriate court is satisfied that the offender proposes to reside in another petty sessions district instead of the petty sessions district for the time being specified under paragraph 2(1) or that such a change of residence has taken place; and

(b)the court has been notified by the Secretary of State that arrangements exist for persons who reside in the other petty sessions district to carry out instructions under supervised activity orders; and

(c)it appears to the court that provision can be made under those arrangements for the offender to carry out instructions under the order,

the court may, and on application of the supervising officer shall, amend the order by substituting the other petty sessions district for the district specified in the order; and this Schedule shall apply to the order as amended

(3) Where the court proposes to exercise its powers under sub-paragraph (1)(a), (b) or (d) otherwise than on the application of the offender, the court—

(a)shall summon the offender to appear before the court, and

(b)if the offender does not appear in answer to the summons, may issue a warrant for the offender’s arrest.

(4) If the appropriate court is a magistrates' court and it amends or revokes an order, the court shall as soon as practicable—

(a)if the court amends the order by substituting a new petty sessions district for the district specified in the order, send to the clerk of petty sessions for the new petty sessions district—

(i)a copy of the amending order; and

(ii)such documents and information relating to the case as the court considers likely to be of assistance to a court acting for the new petty sessions district in exercising its functions in relation to the order;

(b)if the court amends the order in any other manner, give a copy of the amending order to the supervising officer;

(5) In a case falling within sub-paragraph (4)(a), the clerk of petty sessions for the new petty sessions district shall give a copy of the amending order to the supervising officer.

Rules

7.—(1) The Secretary of State may make rules for regulating the carrying out of the requirements of supervised activity orders.

(2) Without prejudice to the generality of sub-paragraph (1), rules under this paragraph may—

(a)limit the number of hours during which the requirements of an order are to be met on any one day;

(b)make provision as to the reckoning of time for the purposes of the carrying out of those requirements;

(c)make provision for the types of activity to be available for the purposes of carrying out those requirements;

(d)make provision for the payment of travelling and other expenses in connection with the carrying out of those requirements;

(e)provide for records to be kept of what has been done by any person carrying out those requirements;

(f)make provision for the assignment of a supervising officer in relation to a supervised activity order.

Interpretation

8.—(1) In this Schedule “the appropriate court”, in relation to a supervised activity order, means—

(a)if the Crown Court made the order, the Crown Court;

(b)if a magistrates' court made the order, a magistrates' court having jurisdiction in the petty sessions district for the time being specified in the order under paragraph 2(1)

(2) Where a supervised activity order is made on appeal, the order shall be treated as if made by the court from which the appeal was brought.

Article 46.

SCHEDULE 4THE PAROLE COMMISSIONERS

Appointment

1.—(1) The Secretary of State shall appoint Parole Commissioners.

(2) The Secretary of State shall so far as reasonably practicable ensure that at any time—

(a)at least one of the Commissioners is a person who holds or has held judicial office in any part of the United Kingdom or who is—

(i)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing; or

(ii)an advocate or solicitor in Scotland of at least 10 years' standing; or

(iii)a person who has a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b)at least one is a registered medical practitioner who is a psychiatrist;

(c)at least one is a chartered psychologist;

(d)at least one is a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners;

(e)at least one is a person appearing to the Secretary of State to have knowledge and experience of working with victims of crime; and

(f)at least one is a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

(3) In sub-paragraph (2)—

“chartered psychologist” means a person for the time being listed in the British Psychological Society’s Register of Chartered Psychologists;

“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 (c. 54).

(4) The Secretary of State shall appoint a Chief Commissioner from among the Commissioners.

(5) The Secretary of State may appoint a deputy Chief Commissioner from among the Commissioners.

Tenure

2.  A Commissioner—

(a)shall hold office in accordance with the terms of appointment; and

(b)may resign by notice in writing to the Secretary of State.

3.  The Secretary of State may, after consultation with the Lord Chief Justice, dismiss a Commissioner if satisfied

(a)that the Commissioner has without reasonable excuse failed to carry out any functions for a continuous period of 3 months beginning not earlier than 6 months before the day of dismissal;

(b)that the Commissioner has been convicted of a criminal offence;

(c)that a bankruptcy order has been made against the Commissioner, or the Commissioner’s estate had been sequestrated, or the Commissioner has made a composition or arrangement with, or granted a trust deed for, the Commissioner’s creditors; or

(d)that the Commissioner is unable or unfit to carry out any functions of a Commissioner.

Rules

4.—(1) The Secretary of State may make rules with respect to the proceedings of the Commissioners.

(2) In particular rules may include provision—

(a)for the allocation of proceedings to panels of Commissioners;

(b)for the taking of specified decisions by a single Commissioner;

(c)conferring functions on the Chief Commissioner or deputy Chief Commissioner;

(d)about evidence and information, including provision—

(i)requiring the Commissioners to send to the Secretary of State copies of such documents as the rules may specify;

(ii)requiring the Secretary of State to provide specified information to the Commissioners;

(iii)for the giving of evidence by or on behalf of the Secretary of State, the Police Service of Northern Ireland and others;

(iv)about the way in which information or evidence is to be given;

(v)for evidence or information about a prisoner not to be disclosed to anyone other than a Commissioner if the Secretary of State certifies that the evidence or information satisfies conditions specified in the rules;

(vi)preventing a person from calling any witness without leave of the Commissioners;

(e)for proceedings to be held in private except where the Commissioners direct otherwise;

(f)preventing a person who is serving a sentence of imprisonment or detention from representing or acting on behalf of a prisoner;

(g)permitting the Commissioners to hold proceedings in specified circumstances in the absence of any person, including the prisoner concerned and any representative appointed by the prisoner.

(3) Where a prisoner and any representative appointed by the prisoner are excluded from proceedings by virtue of sub-paragraph (2)(g), the Advocate General for Northern Ireland may appoint a person to represent the prisoner’s interests in those proceedings

(4) A person appointed under sub-paragraph (3) shall not be responsible to the prisoner whose interests the person so appointed represents.

(5) Until section 27 of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force, sub-paragraph (3) shall have effect as if the reference to the Advocate General for Northern Ireland were a reference to the Attorney General for Northern Ireland.

Remuneration and allowances

5.—(1) The Secretary of State shall pay to or in respect of a Commissioner such remuneration, fees and allowances as the Secretary of State thinks fit.

(2) If a Commissioner resigns in accordance with paragraph 2(b), the Secretary of State may pay the Commissioner compensation if in the Secretary of State’s opinion special circumstances make it appropriate.

Staff, premises, etc.

6.  The Secretary of State shall provide for the Commissioners the services of such staff, and the use of such premises and other facilities, as the Secretary of State thinks appropriate.

Annual report

7.—(1) The Chief Commissioner shall, as soon as reasonably practicable after the end of each financial year, make a report to the Secretary of State on the performance of the Commissioners' functions during the year.

(2) The Secretary of State shall lay a copy of the report before each House of Parliament.

Article 102.

SCHEDULE 5AMENDMENTS

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”.

Article 102.

SCHEDULE 6REPEALS

PART 1SENTENCING

Short TitleExtent of repeal
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)In Part 3 of Schedule 1, the entry relating to a Life Sentence Review Commissioner
The Treatment of Offenders (Northern Ireland) Order 1976 (NI 4)The whole Order.
The Judicature (Northern Ireland) Act 1978 (c. 23)In Schedule 5, the amendments to the Treatment of Offenders (Northern Ireland) Order 1976.
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47)In Schedule 4, paragraph 11.
The Treatment of Offenders (Northern Ireland) Order 1989 (NI 15)In Schedule 1, the amendments to the Treatment of Offenders (Northern Ireland) Order 1976.
The Criminal Justice (Northern Ireland) Order 1996 (NI 24

In Article 2(2), the definitions of “custody probation order, “sexual offence” and “violent offence”.

Article 2(8).

Articles 18 to 22.

Articles 24 to 28.

In Article 57, “26(5)” and “21A(4)”.

In Schedule 2—

(a)

in paragraph 3(1)(d) the words “where the relevant order was made by a magistrates' court”;

(b)

paragraph 3(3) and (4);

(c)

in paragraph 4(1) the words “or by virtue of paragraph 3(3)”;

(d)

paragraph 7(5).

The Crime (Sentences) Act 1997 (c. 43)In Schedule 2, paragraphs 9 and 10.
The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)

In Schedule 1A, paragraph 5(2).

In Schedule 5, paragraph 53.

The Criminal Justice (Northern Ireland) Order 1998 (NI 20)In the Schedule, paragraphs 3 and 7(a).
The Life Sentences (Northern Ireland) Order 2001 (NI 2)

Part 2.

Schedules 1 and 2.

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

In Schedule 7, paragraph 18.

In Schedule 11, paragraph 12.

The Criminal Justice Act 2003 (c. 44)In Part 1 of Schedule 32, paragraphs 80 and 81.
The Criminal Justice (Northern Ireland) Order 2003 (NI 13)Article 32.
The Firearms (Northern Ireland) Order 2004 (NI 3)In Schedule 7, paragraphs 18 to 20.
The Criminal Justice (Northern Ireland) Order 2005 (NI 15)In Article 16(2), sub-paragraph (a).
The Criminal Justice (Northern Ireland) Order 2008 (NI )

Article 34.

Article 35(1)(b)(iv) and (3).

In Schedule 5, paragraph 7(6).

PART 2REPEALS COMING INTO OPERATION IN ACCORDANCE WITH ARTICLE 1(3)

Short TitleExtent of repeal
The Police (Northern Ireland) Act 1998 (c. 32)In Schedule 4, paragraph 18(6).
The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9)Article 43.
The Criminal Justice (Northern Ireland) Order 1998 (NI 20)Article 4.
The Justice (Northern Ireland) Act 2002 (c. 26)In Schedule 13, the entry relating to Article 6(6)(c) of the Rehabilitation of Offenders (Northern Ireland) Order 1978.
The Access to Justice (Northern Ireland) Order 2003 (NI 10)In Schedule 2, paragraph 2(k).
The Criminal Justice (Northern Ireland) Order 2005 (NI 15)Article 8.
The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (NI 2)Article 39.

PART 3PRISONS

Short TitleExtent of repeal
The Prison Act (Northern Ireland) 1953 (c. 18).

In section 2(2) the words “, medical officers”

Section 19.

Section 24(5).

In section 47(1) the definition of “intoxicating liquor”.

The Criminal Justice and Public Order Act 1994 (c. 33)In section 128(5)(aa) the words “or as a medical officer”.
The Justice (Northern Ireland) Act 2002 (c. 26)In Schedule 4, paragraph 1(2)(f).

PART 4LIVE LINKS

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