Criminal Justice (1996 Order) (Commencement No. 2) Order (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation on 1st January 1998 the following provisions of the Criminal Justice (Northern Ireland) Order 1996—

Article 3 which provides for deferment of sentence;

Articles 4 to 7 which make provision in relation to absolute and conditional discharge;

Articles 8 to 17 which amend the law in relation to community sentences;

Articles 18 to 22 which establish statutory criteria for the imposition of custodial sentences;

Articles 24 and 25 which create a new order known as a custody probation order;

Articles 26 to 28 which give courts the option of requiring a sex offender to be subject to supervision on licence after release from custody;

Articles 29 to 32 which introduce new provisions in relation to the fixing of fines;

Article 34 which makes provision for reports of probation officers;

Article 36 which makes provision for savings for mitigation and mentally disordered offenders;

Article 37 which allows courts to take into account the effect of previous convictions and of offending while on bail;

Articles 48 to 51 which make amendments to the Mental Health (Northern Ireland) Order 1986 to provide for new arrangements for dealing with persons found not guilty by reason of insanity or unfit to be tried;

Article 52 which provides for the making of magistrates' courts rules as to furnishing of information by prosecution;

Schedule 1 which contains additional requirements in probation orders;

Schedule 2 which makes arrangements for the enforcement etc. of community orders;

Schedule 3 which makes amendments arising from new provisions relating to the fixing of fines;

Schedule 4 which inserts a new Schedule 2A to the Mental Health (Northern Ireland) Order 1986.

The Order also brings into operation on that date further transitional provisions, savings and repeals not already in operation.

It also provides for the coming into operation on 1st January 1998 of the Criminal Justice (Northern Ireland Consequential Amendments) Order 1996.