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Treatment of Offenders Act (Northern Ireland) 1968

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(1)In this Act—

  • “default” means failure to pay, or want of sufficient distress to satisfy any fine or other sum of money, or failure to do or abstain from doing anything required to be done or left undone;

  • “enactment” in sections 18(5), 26(5), 28(2) and 34 means any statutory provision within the meaning of paragraph ( f) of section 1 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;

  • “the Minister” has the meaning assigned to it by section 1(4);

  • “the Ministry” has the meaning assigned to it by section 2;

  • “order for detention” means an order for detention in a young offenders centre made under section 5(1);

  • [F1 “the Prison Act” means the Prison Act (Northern Ireland) 1953 [1953 c.18] ;]

  • “remand centre” has the meaning assigned to it by section 2( b);

  • “remand home” has the same meaning as in the Children and Young Persons Act (Northern Ireland) 1950 [1950 c.5] F2;

  • “sentence” does not include a committal for default or the fixing of a term to be served in the event of default, or a committal or attachment for contempt of court;

  • “suspended sentence or order for detention” means a sentence or order for detention to which an order under section 18(1)[F3 or (1A)] relates;

  • “young offenders centre” has the meaning assigned to it by section 2( a).

(2)For the purposes of any reference in [F4 the Prison Act and] this Act to a term of imprisonment or to a term of detention in a young offenders centre, consecutive terms or terms which are wholly or partly concurrent shall be treated as a single term[F5 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.]

(3)Where the age of any person at any time is material for the purposes of any provision of this Act, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.

(4)For the purposes of any provisions of this Act referring to a person who is serving or has served a sentence of any description, the expression “sentence” includes—

(a)in any case, a sentence of that description passed by a court in the British Islands; and

(b)in the case of imprisonment, a sentence passed by a court-martial [F6 or a Standing Civilian Court established under the Armed Forces Act 1976 [1976 c.52] ] on a person found guilty of a civil offence (within the meaning of the Army Act 1955 [1955 c.18] , the Air Force Act 1955 [1955 c.19] or the Naval Dicipline Act 1957 [1957 c.53] ).

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