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The Criminal Justice (Children) (1998 Order) (Commencement No. 2) Order (Northern Ireland) 1999

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Statutory Rules of Northern Ireland

1999 No. 25 (C. 2)

CRIMINAL PROCEDURE

The Criminal Justice (Children) (1998 Order) (Commencement No. 2) Order (Northern Ireland) 1999

Made

22nd January 1999

In exercise of the powers conferred on me by Article 1(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998(1), I hereby make the following Order:

Citation

1.  This Order may be cited as the Criminal Justice (Children) (1998 Order) (Commencement No. 2) Order (Northern Ireland) 1999.

Appointed Day

2.  The following provisions of the Criminal Justice (Children) (Northern Ireland) Order 1998 shall come into operation on 31st January 1999:

(a)Articles 1 to 55;

(b)Articles 58 to 65;

(c)Schedules 1 to 5;

(d)In Schedule 6, the repeal of those provisions whose repeal was not brought into operation by the Criminal Justice (Children) (1998 Order) (Commencement No. 1) Order (Northern Ireland) 1998(2), except section 176 of the Children and Young Persons Act (Northern Ireland) 1968(3).

Marjorie Mowlam

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

22nd January 1999.

Explanatory Note

(This note is not part of the Order.)

This Order brings into operation on 31st January 1999 the following provisions of the Criminal Justice (Children) (Northern Ireland) 1998–

  • Articles 1 and 2 which introduce the Order and define the key terms;

  • Articles 3 to 5 which state that the age of criminal responsibility is 10, and set out some guiding principles to be observed by courts dealing with children in criminal proceedings;

  • Articles 6 to 10 which re-enact and amend the law in relation to the arrest and detention of a child;

  • Articles 11 to 26 which re-enact and amend the law in relation to criminal proceedings, including requirements in relation to release on bail;

  • Articles 27 to 31 which re-enact and amend the law in relation to the juvenile court, including the re-naming of that court as a youth court when it is hearing criminal proceedings;

  • Articles 32 to 49 which amend the sentencing powers of the courts to restrict custody to the most serious offenders, and introduce the juvenile justice centre order as the main custodial sentence;

  • Articles 50 to 55 which make provision in relation to attendance centres and juvenile justice centres;

  • Articles 58 to 65 which make provision in relation to a number of miscellaneous and general matters;

  • Schedule 1 which sets out the definitions of “sexual offence” and “violent offence”;

  • Schedule 2 which makes additional provisions in respect of juvenile justice centres;

  • Schedule 3 which modifies the powers of the Secretary of State to purchase land compulsorily.

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

Note as to Earlier Commencement Orders

(This note is not part of the Order.)

The following provisions of the Criminal Justice (Children) (Northern Ireland) Order 1998 have been brought into operation by commencement order made before the date of this order–

ProvisionDate of CommencementS.R. Number
Articles 56 and 5730th July 19981998 No. 260 (C. 9)
Schedule 6 (partially)

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