Treatment of Offenders Act (Northern Ireland) 1968

18 Suspended sentence of imprisonment or order for detention in a young offenders centre. N.I.

[F1 (1 )F2 A court which—

(a) passes a sentence of imprisonment for a term of not more than two years for an offence which is not a serious offence within the meaning of subsection (1B); or

(b) makes an order for detention in a young offenders centre for a term of not more than two years for such an offence,

may order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than three years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty-one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence or order for detention shall take effect.

(1A )F2 A court which—

(a) passes a sentence of imprisonment for a term of not more than seven years for a serious offence within the meaning of subsection (1B); or

(b) makes an order for detention in a young offenders centre for such an offence,

may order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than five years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty-one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence shall take effect.

(1B) In—

(a) subsections (1) and (1A) “serious offence” means an offence for which a person aged twenty-one years or over may, on conviction on indictment, be sentenced to imprisonment for a term of five years or more; and

(b) this section and sections 19 to 21 “operational period” in relation to a suspended sentence or order for detention means the period specified in the order under subsection (1) or, as the case may be, (1A).]

F2 (2) A court which passes or makes a suspended sentence or order for detention on or in relation to any person for an offence shall not make a probation order in his case in respect of another offence—

(a) of which he is convicted by or before that court; or

(b) for which he is dealt with by that court;

at the same time.

(3) On passing or making a suspended sentence or order for detention the court shall explain to the offender in ordinary language his liability under section 19 if during the operational period he commits an offence[F1 punishable with imprisonment in the case of a person aged twenty-one years or over].

Subs. (4) rep. by 1980 NI 10

(5) Subject to any provision to the contrary contained in this Act or any enactment passed or instrument made under any enactment after the commencement of this Act—

(a) a suspended sentence or order for detention which has not taken effect under section 19 shall be treated as a sentence of imprisonment, or as the case may be, an order for detention in a young offenders centre for the purposes of all enactments and instruments made under enactments except any enactment or instrument which provides for disqualification for or loss of office of persons sentenced to imprisonment; and

(b) where a suspended sentence or order for detention has taken effect under that section the offender shall be treated for the purposes of the said excepted enactments and instruments as having been convicted on the date on which the period allowed for making an appeal against an order under that section would normally expire, or if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.

F1 1989 NI 15

F2 prosp. insertion by 1996 NI 24