- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Justice (Northern Ireland) Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
After Article 36D of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 54 of this Act) insert—
(1)Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a community responsibility order.
(2)A community responsibility order is an order requiring the offender—
(a)to attend at a place specified in the order for the number of hours so specified for relevant instruction in citizenship; and
(b)to carry out for the number of hours specified in the order such practical activities as the responsible officer considers appropriate in the light of that instruction.
(3)“Relevant instruction in citizenship”, in relation to an offender, means instruction dealing with—
(a)citizenship (including, in particular, the responsibilities a person owes to the community);
(b)the impact of crime on victims; and
(c)any factors relating to the offender which may cause him to commit offences.
(4)In this Order “responsible officer”, in relation to an offender subject to a community responsibility order, means one of the following who is specified in the order—
(a)a probation officer;
(b)a social worker of the appropriate authority; and
(c)such other person as the Secretary of State may designate.
(5)The number of hours specified under paragraph (2)(a) must be not less than one half of the aggregate number of hours specified in the order.
(6)The aggregate number of hours specified in the order must be—
(a)not less than 20; and
(b)not more than 40.
(7)Where a court makes community responsibility orders in respect of two or more offences of which the offender has been found guilty by or before the court, it may direct that the hours specified in any of those orders be—
(a)concurrent with those specified in any other of those orders; or
(b)additional to those so specified.
(8)But the total number of hours which are not concurrent must not exceed the maximum specified in paragraph (6)(b).
(9)The Secretary of State may by order amend paragraph (6)(a) or (b) (or both).
(10)An order under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order.
(1)The court must not make a community responsibility order in respect of the offender unless he consents.
(2)The court must not make a community responsibility order in respect of the offender if it proposes to deal with him for the offence in any other way.
(3)The court must not make a community responsibility order unless—
(a)it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36I(1); and
(b)the notice has not been withdrawn.
(4)Before making a community responsibility order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion.
(5)It must also explain to the offender in ordinary language—
(a)why it is making the order;
(b)the effect of the order and of the requirements proposed to be included in it;
(c)the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and
(d)that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.
(1)An offender in respect of whom a community responsibility order is in force must—
(a)attend the place specified in the order at such times as he may be instructed by the responsible officer; and
(b)carry out such activities as he may be instructed by the responsible officer to carry out at such times as he may be so instructed to carry them out.
(2)Such an offender must—
(a)keep in touch with the responsible officer in accordance with such instructions as he may be given by that officer; and
(b)give notice to him of any change of address.
(3)The instructions given by the responsible officer must, as far as practicable, be such as to avoid—
(a)any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and
(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
(4)The obligations imposed by a community responsibility order must be performed within the period of six months beginning with the date on which the order is made.
(5)But, unless revoked, the order remains in force until the offender has performed the obligations contained in the order.
(1)The Secretary of State may make rules for regulating—
(a)the attendance by persons subject to community responsibility orders at places for the purposes of those orders; and
(b)the carrying out by such persons of practical activities for those purposes.
(2)Such rules may, in particular, make provision—
(a)regulating the functions of responsible officers;
(b)limiting the number of hours of attendance or of carrying out activities on any one day;
(c)as to the reckoning of hours spent in complying with the requirements imposed by a community responsibility order;
(d)as to the keeping of records of such hours; and
(e)for the payment of travelling and other expenses incurred in connection with complying with such requirements.
(3)Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.
(1)A community responsibility order must name the petty sessions district in which it appears to—
(a)the court making the order; or
(b)the court amending under Schedule 1A any provision included in the order,
that the offender resides or will reside.
(2)Where a community responsibility order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order.
(3)The court by which a community responsibility order is made must immediately give copies of the order to—
(a)the offender subject to the order;
(b)his parent or guardian; and
(c)the responsible officer.
(4)Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—
(a)a copy of the order; and
(b)such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.
(5)A magistrates’ court must cause a reason stated by it under Article 36F(4) or (5)(a) to be entered in the Order Book.
(6)The Secretary of State may pay any expenses of a person designated by him which are incurred in performing any functions as the responsible officer of an offender subject to a community responsibility order.
(7)Schedule 1A (which makes provision for dealing with failures to comply with community responsibility orders and for their revocation and amendment) shall have effect.”
The Whole Act 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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules only 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?
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: