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PART IIN.I.TREATMENT OF OFFENDERS

PreliminaryN.I.

Deferment of sentenceN.I.

3.—(1) Subject to the provisions of this Article, the Crown Court or a magistrates' court may defer passing sentence on an offender for the purpose of enabling the court to have regard, in determining his sentence, to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.

(2) Any deferment under this Article shall be until such date as may be specified by the court, not being more than [F1the relevant period] after the date on which the deferment is announced by the court; and where the passing of sentence has been deferred under this Article it shall not be further deferred thereunder.

[F2(2A) In paragraph (2) “the relevant period” means—

(a)if the court makes an order under Article 28(1) of the Road Traffic Offenders (Northern Ireland) Order 1996 in respect of the offender, 6 months;

(b)in any other case, 12 months.]

(3) The power conferred by this Article shall be exercisable only if the offender consents and the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.

(4) A court which under this Article has deferred passing sentence on an offender may pass sentence on him before the expiration of the period of deferment if during that period he is convicted in Northern Ireland of any offence.

(5) If an offender on whom a court has under this Article deferred passing sentence in respect of one or more offences is during the period of deferment convicted in Northern Ireland of any offence ( “the subsequent offence”), then, without prejudice to paragraph (4) but subject to paragraph (6), the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, pass sentence on him for the first-mentioned offence or offences.

(6) The power conferred by paragraph (5) shall not be exercised by a magistrates' court if the court which deferred passing sentence was the Crown Court; and the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates' court, shall not pass any sentence which could not have been passed by a magistrates' court in exercising it.

(7) A court which under this Article has deferred passing sentence on an offender may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest where—

(a)the court proposes to sentence him, whether on the date originally specified by the court or by virtue of paragraph (4) before that date; or

(b)the offender does not appear on the date so specified.

(8) In deferring the passing of sentence under this Article a magistrates' court shall be regarded as exercising the power of adjourning the trial which is conferred by Article 161(1) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 and accordingly Articles 23 and 25(3) of that Order (non-appearance of the accused) apply (without prejudice to paragraph (7)) if the offender does not appear on the date specified in pursuance of paragraph (2).

(9) A court which under this Article defers passing sentence on an offender shall not on the same occasion remand him.

(10) Nothing in this Article shall affect the power of the Crown Court to bind over an offender to come up for judgment when called upon or the power of any court to defer passing sentence for any purpose for which it may lawfully do so apart from this Article.

(11) The power of a court under this Article to pass sentence on an offender in a case where the passing of sentence has been deferred thereunder includes power to deal with him in any way in which the court which deferred passing sentence could have dealt with him.

DischargeN.I.

Absolute and conditional dischargeN.I.

4.—(1) Where a court by or before which a person is convicted of an offence[F3 (not being an offence for which the sentence is fixed by law or falls to be imposed under[F4 Article 70(2)] of the Firearms (Northern Ireland) Order[F4 2004 [F5or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006]][F6 or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008] [F7or section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015])] is of the opinion, having regard to the circumstances including the nature of the offence and the character of the offender, that it is inexpedient to inflict punishment, the court may make an order either—

(a)discharging him absolutely; or

(b)if the court thinks fit, discharging him subject to the condition that he commits no offence during such period, not exceeding 3 years from the date of the order, as may be specified in the order.

(2) Before making an order for conditional discharge the court shall explain to the offender in ordinary language that if he commits another offence during the period of conditional discharge he will be liable to be sentenced for the original offence.

(3) Where, under this Part, a person conditionally discharged under this Article is sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

(4) The Secretary of State may by order direct that paragraph (1) shall be amended by substituting for the maximum period for the time being specified in sub-paragraph (b) of that paragraph, such other period as may be specified in the order.

(5) Nothing in paragraph (1) shall be construed as preventing a court which discharges an offender absolutely or conditionally in respect of any offence from making an order for costs against the offender or from making an order under Article 11 or 14 of the [1994 NI 15.] Criminal Justice (Northern Ireland) Order 1994 (power to deprive offenders of property used, or intended for use, for purposes of crime and compensation orders) or under Article 8 of the [1980 N1 6.] Criminal Justice (Northern Ireland) Order 1980 (driving disqualification where vehicle used for purposes of crime) or under section 27 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 (restitution orders) [F8or a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.]

Commission of further offence by person conditionally dischargedN.I.

5.—(1) If it appears to the Crown Court, where that Court has jurisdiction in accordance with paragraph (2), or to a justice of the peace having jurisdiction in accordance with that paragraph, that a person in whose case an order for conditional discharge has been made—

(a)has been convicted by a court in any part of Northern Ireland of an offence committed during the period of conditional discharge; and

(b)has been dealt with in respect of that offence,

the Court or justice may, subject to paragraph (3), issue a summons requiring that person to appear at the place and time specified therein or a warrant for his arrest.

(2) Jurisdiction for the purposes of paragraph (1) may be exercised—

(a)if the order for conditional discharge was made by the Crown Court, by that Court;

(b)if the order was made by a magistrates' court, by a justice of the peace.

(3) A justice of the peace shall not issue a summons under this Article except on complaint and shall not issue a warrant under this Article except on complaint in writing and on oath.

(4) A summons or warrant issued under this Article shall direct the person to whom it relates to appear or to be brought before the court by which the order for conditional discharge was made.

(5) If a person in whose case an order for conditional discharge has been made by the Crown Court is convicted by a magistrates' court of an offence committed during the period of conditional discharge, the magistrates' court—

(a)may commit him to custody or release him on bail until he can be brought or appear before the Crown Court; and

(b)if it does so, shall send to the Crown Court a copy of the entry of the conviction made in the Order Book, signed by the clerk of petty sessions by whom the Order Book is kept.

(6) Where it is proved to the satisfaction of the court by which an order for conditional discharge was made that the person in whose case the order was made has been convicted of an offence committed during the period of conditional discharge, the court may deal with him, for the offence for which the order was made, in any manner in which it could deal with him if he had just been convicted by or before that court of that offence.

(7) If a person in whose case an order for conditional discharge has been made by a magistrates' court is convicted before the Crown Court of an offence committed during the period of conditional discharge, the Crown Court may deal with him, for the offence for which the order was made, in any manner in which the magistrates' court could deal with him if it had just convicted him of that offence.

(8) If a person in whose case an order for conditional discharge has been made by a magistrates' court is convicted by another magistrates' court of any offence committed during the period of conditional discharge, that other court may deal with him, for the offence for which the order was made, in any manner in which the court could deal with him if it had just convicted him of that offence.

(9) Where an order for conditional discharge has been made by a court of summary jurisdiction in the case of an offender under the age of[F9 18] in respect of an offence not being a summary offence or an offence which, in the case of an adult, could have been tried summarily with his consent under Article 45 of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981, any powers exercisable under paragraph (6), (7) or (8) by that or any other court in respect of the offender after he has attained the age of[F9 18] shall be those which would be exercisable if that offence were an offence which could have been tried summarily under the said Article 45 with the offender's consent, and had been so tried.

(10) For the purposes of this Article the age of an offender at a particular 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.

Modifications etc. (not altering text)

Effect of dischargeN.I.

6.—(1) Subject to paragraph (2) and to section 30(4) of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980 and Article 140(1A) of the Magistrates' Courts (Northern Ireland) Order 1981, a conviction of an offence for which an order is made under this Part discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under Article 5.

(2) Where the offender being not less than[F10 18] years of age at the time of his conviction of the offence in question, is subsequently sentenced under this Part for that offence, paragraph (1) shall cease to apply to the conviction.

(3) Without prejudice to paragraphs (1) and (2), the conviction of an offender who is discharged absolutely or conditionally under this Part shall in any event be disregarded for the purposes of any statutory provision which—

(a)imposes any disqualification or disability upon convicted persons; or

(b)authorises or requires the imposition of any such disqualification or disability.

(4) Paragraphs (1) to (3) shall not affect—

(a)any right of any offender discharged absolutely or conditionally under this Part to rely on his conviction in bar of any subsequent proceedings for the same offence; or

(b)the restoration of any property in consequence of the conviction of any such offender; or

(c)the operation, in relation to any such offender, of any statutory provision in force at the commencement of this Part which is expressed to extend to persons dealt with under section 1(1) of the Probation of Offenders Act 1907 as well as to convicted persons.

Modifications etc. (not altering text)

C9Art. 6 excluded by 2012 c. 9, s. 101J(2) (as inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4), (5)(e); S.R. 2018/128, art. 2(a))

C11Art. 6(1) excluded (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 34(3)(b), 61(1) (with s. 34(4)); S.I. 2015/1476, reg. 2(b)

C12Art. 6(1) excluded (27.11.2015 for specified purposes, 1.4.2016 for all other purposes with application in accordance with Sch. 3 para. 23(4) of the amending Act) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(3), Sch. 3 para. 23(3)(a); S.R. 2015/376, art. 2; S.R. 2016/61, art. 2

Supplementary provisions as to dischargeN.I.

7.[F11(1) Without prejudice to Article 36(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (which enables a court to order the parent or guardian of a child found guilty of an offence to give security for his good behaviour), a court may, on the making of an order for conditional discharge or a probation order, if it thinks it expedient for the purpose of the reformation of the offender, require the offender, or—

(a)if the offender is under the age of 16 years, his parent or guardian; or

(b)if the offender has attained the age of 14 years but is under the age of[F12 18] years, the offender or his parent or guardian,

to give security for the good behaviour of the offender.]

(2) Any security given under paragraph (1) shall be by way of recognizance.

(3) In proceedings before the Crown Court under Articles 4 to 6, any question whether any person in whose case an order for conditional discharge has been made has been convicted of an offence during the period of conditional discharge shall be determined by the Court and not by the verdict of a jury.

Community sentencesN.I.

Restrictions on imposing community sentencesN.I.

8.—(1) A court shall not pass on an offender a community sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.

(2) Subject to paragraph (3), where a court passes a community sentence—

(a)the particular order or orders comprising or forming part of the sentence shall be such as in the opinion of the court is, or taken together are, the most suitable for the offender; and

(b)the restrictions on liberty imposed by the order or orders shall be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

(3) In consequence of the provision made by Article 15 with respect to combination orders, a community sentence shall not consist of or include both a probation order and a community service order.

Procedural requirements for community sentencesN.I.

9.—(1) In forming any such opinion as is mentioned in Article 8(1) or (2)(b), a court shall take into account all such information about the circumstances of the offence or (as the case may be) of the offence and the offence or offences associated with it (including any aggravating or mitigating factors) as is available to it.

(2) In forming any such opinion as is mentioned in Article 8(2)(a), a court may take into account any information about the offender which is before it.

(3) Subject to paragraph (4), a court shall obtain and consider a pre-sentence report before forming an opinion as to the suitability for the offender of one or more of the following orders, namely—

(a)a probation order which includes additional requirements authorised by Schedule 1;

F13(b)a community service order;

(c)a combination order;F14. . .

[F15(ca)a reparation order; and

(cb)a community responsibility order.]

Sub.‐para. (d) rep. by 1998 NI 9

(4) Paragraph (3) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report and where the court does not obtain and consider a pre-sentence report, it shall state in open court that it is of that opinion and what the circumstances are.

(5) In the case of an offender under the age of[F16 18] years, except where the offence or any other offence associated with it is punishable only on conviction on indictment, the court shall not form such an opinion as is mentioned in paragraph (4) or (7) unless there exists a previous pre-sentence report obtained in respect of the offender and the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.

(6) No community sentence which consists of or includes such an order as is mentioned in paragraph (3) shall be invalidated by the failure of a court to obtain and consider a pre-sentence report before forming an opinion referred to in that paragraph, but any court on an appeal against such a sentence—

(a)shall, subject to paragraph (7), obtain a pre-sentence report if none was obtained by the court below; and

(b)shall consider any such report obtained by it or by that court.

(7) Paragraph (6)(a) does not apply if the court is of the opinion—

(a)that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report, or

(b)that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court, it is unnecessary to obtain a pre-sentence report.

ProbationN.I.

Probation ordersN.I.

10 .F17—(1) Where a court by or before which a person is convicted of an offence [F18 (not being an offence for which the sentence is fixed by law or falls to be imposed under [F19 Article 70(2)] of the Firearms (Northern Ireland) Order [F19 2004] [F20 or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006] [F21 or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008] [F22or section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015])] is of the opinion that the supervision of the offender by a probation officer is desirable in the interests of—

(a)securing the rehabilitation of the offender; or

(b)protecting the public from harm from him or preventing the commission by him of further offences,

the court may make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period specified in the order of not less than 6 months nor more than 3 years.

F23(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Before making a probation order, the court shall—

(a)state in open court that it is of the opinion that Article 8(1) applies and why it is of that opinion; and

(b)explain to the offender in ordinary language—

(i)why it is making a probation order;

(ii)the effect of the order (including any additional requirements proposed to be included in the order in accordance with Article 11);

(iii)the consequences which may follow under Schedule 2 if he fails to comply with any of the requirements of the order; and

(iv)that the court has under Schedule 2 power to review the order on the application either of the offender or of the supervising officer,

and if the offender has attained the age of 14 years the court shall not make the order unless he expresses his willingness to comply with its requirements.

(4) The court by which a probation order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—

(a)to the offender;

(b)to the probation officer responsible for the offender's supervision; and

(c)to the person in charge of any institution in which the offender is required by the order to reside, present himself or attend.

F24(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) An offender in respect of whom a probation order is made shall keep in touch with the probation officer responsible for his supervision in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

(7) A magistrates' court shall cause a reason stated by it under paragraph (3) to be entered in the Order Book.

(8) The Secretary of State may by order direct that paragraph (1) shall be amended by substituting, for the minimum or maximum period specified in that paragraph, such period as may be specified in the order.

(9) An order under paragraph (8) may make in paragraph 13(2)(a) of Schedule 2 any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.

(10) Nothing in paragraph (1) shall be construed as preventing a court which makes a probation order in respect of any offence from making an order for costs against, or imposing any disqualification on, the offender or from making in respect of the offence an order under Article 11 or 14 of the [1994 NI 15.] Criminal Justice (Northern Ireland) Order 1994 (power to deprive offenders of property used or intended for use, for purposes of crime and compensation orders) or under Article 8 of the [1980 NI 6.] Criminal Justice (Northern Ireland) Order 1980 (driving disqualification where vehicle used for purposes of crime) or under section 27 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 (restitution orders).

Additional requirements which may be included in such ordersN.I.

11.—(1) Subject to paragraph (2), a probation order may in addition require the offender to comply during the whole or any part of the probation period with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—

(a)securing the rehabilitation of the offender; or

(b)protecting the public from harm from him or preventing the commission by him of further offences.

(2) Without prejudice to the power of the court under Article 11 or 14 of the [1994 NI 15.] Criminal Justice (Northern Ireland) Order 1994 to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a probation order.

(3) Without prejudice to the generality of paragraph (1), the additional requirements which may be included in a probation order shall include the requirements which are authorised by Schedule 1.

Substitution of conditional discharge for probationN.I.

12.—(1) Where on an application made by an offender placed on probation or a probation officer it appears to the court having power to discharge a probation order that the order is no longer appropriate in the case of the offender, the court may make, in substitution for the probation order, an order discharging him in respect of the original offence subject to the condition that he commits no offence between the making of the order under this Article and the expiration of the probation period.

(2) No application may be made under paragraph (1) while an appeal against the probation order is pending.

(3) A person in respect of whom an order is made under this Article shall so long as the said condition continues in force be treated in all respects and in particular for the purposes of paragraph 7 of Schedule 2 as if the original probation order made in his case had been an order for conditional discharge made by the court which made that original order and as if the period of conditional discharge were the same as the probation period.

(4) On the making of an order under this Article the appropriate officer of the court shall forthwith give copies of the order to the probation officer, who shall give a copy to the person in respect of whom the order is made and a copy to the person in charge of any institution in which that person was required by the probation order to reside.

Community service ordersN.I.

Community service orders in respect of convicted personsN.I.

13.—(1) Subject to paragraph (4), where a person of or over 16 years of age is convicted of an offence punishable with imprisonment [F25 (not being an offence for which the sentence is fixed by law or falls to be imposed under[F26 Article 70(2)] of the Firearms (Northern Ireland) Order [F26 2004] [F27 or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006] [F28 or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008] [F29or section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015])], the court by or before which he is convicted may, make a community service order, that is to say, an order requiring him to perform unpaid work in accordance with the subsequent provisions of this Part.

(2) The number of hours which a person may be required to work under a community service order shall be specified in the order and shall be in the aggregate—

(a)not less than 40; and

(b)not more than 240.

(3) The reference in paragraph (1) to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of persons under 21 years of age.

(4) A court shall not make a community service order in respect of any offender unless the offender consents and the court is satisfied—

(a)after hearing (if the court thinks it necessary) a probation officer, that the offender is a suitable person to perform work under such an order; and

F30(b)that provision can be made by the Probation Board for him to do so.

(5) Where a court makes community service orders in respect of 2 or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum specified in paragraph (2)(b).

(6) F31... The functions conferred by the subsequent provisions of this Part on the relevant officer shall be discharged by a probation officer selected under arrangements made by the Probation Board or a person appointed by it for the purposes of this paragraph.

(7) Before making a community service order the court shall—

(a)state in open court that it is of the opinion that Article 8(1) applies and why it is of that opinion; and

(b)explain to the offender in ordinary language—

(i)why it is making a community service order;

(ii)the effect of the order (including the requirements of the order as specified in Article 14);

(iii)the consequences which may follow under Part II of Schedule 2 if he fails to comply with any of the requirements of the order; and

(iv)that the court has under Schedule 2 power to review the order on the application either of the offender or of the relevant officer.

(8) The court by which a community service order is made shall forthwith give copies of the order to a probation officer assigned to the court and he shall give a copy to the offender and to the relevant officer; F32....

(9) A magistrates' court shall cause a reason stated by it under paragraph (7) to be entered in the Order Book.

(10) The Secretary of State may by order direct that paragraph (2) fl shall be amended by substituting for the maximum number of hours for the time being specified in sub-paragraph (b) of that paragraph such number of hours as may be specified in the order.

(11) Nothing in paragraph (1) shall be construed as preventing a court which makes a community service order in respect of any offence from making an order for costs against, or imposing any disqualification on, the offender or from making in respect of the offence an order under Article 11 or 14 of the [1994 NI 15.] Criminal Justice (Northern Ireland) Order 1994 (power to deprive offenders of property used, or intended for use, for purposes of crime and compensation orders) or under Article 8 of the [1980 NI 6.] Criminal Justice (Northern Ireland) Order 1980 (driving disqualification where vehicle used for purposes of crime) or under section 27 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 (restitution orders) [F33or a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.]

Obligations of person subject to community service orderN.I.

14.—(1) An offender in respect of whom a community service order is in force shall—

(a)keep in touch with the relevant officer in accordance with such instructions as he may be given by that officer and notify him of any change of address; and

(b)perform for the number of hours specified in the order such work at such times as he may be instructed by the relevant officer.

(2) Subject to paragraph 15 of Schedule 2, the work required to be performed under a community service order shall be performed during the period of 12 months beginning with the date of the order; but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.

(3) The instructions given by the relevant officer under this Article shall so far as practicable, be such as to avoid any conflict with the offender's religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment.

Orders combining probation and community serviceN.I.

15.—(1) Where a court by or before which a person of or over the age of 16 years is convicted of an offence punishable with imprisonment [F34 (not being an offence for which the sentence is fixed by law or falls to be imposed under [F35 Article 70(2)] of the Firearms (Northern Ireland) Order [F35 2004] [F36 or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006] [F37 or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008] [F38 or section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015])] is of the opinion mentioned in paragraph (2), the court may make a combination order, that is to say, an order requiring him both—

(a)to be under the supervision of a probation officer for a period specified in the order, being not less than 12 months nor more than 3 years; and

(b)to perform unpaid work for a number of hours so specified, being in the aggregate not less than 40 nor more than 100.

(2) The opinion referred to in paragraph (1) is that the making of a combination order is desirable in the interests of—

(a)securing the rehabilitation of the offender; or

(b)protecting the public from harm from him or preventing the commission by him of further offences.

(3) Before making a combination order, the court shall—

(a)state in open court that it is of the opinion that Article 8(1) applies and why it is of that opinion; and

(b)explain to the offender in ordinary language why it is making a combination order.

(4) A magistrates' court shall cause a reason stated by it under paragraph (3) to be entered in the Order Book.

(5) Subject to paragraph (1) and to paragraph 6(6) of Schedule 2 a combination order shall be treated for the purposes of this Part as if it were a probation order (so far as it imposes requirements to be under the supervision of a probation order) and as if it were a community service order (so far as it imposes requirements to perform unpaid work).

Orders: supplementalN.I.

Enforcement etc. of community ordersN.I.

16.  Schedule 2 (which makes provision for dealing with failures to comply with the requirements of certain community orders, for amending such orders and for revoking them with or without the substitution of other sentences) shall have effect.

Regulation of community ordersN.I.

17.—(1) The Secretary of State may make rules for regulating—

(a)the supervision of persons subject to probation orders;

(b)the arrangements to be made under Article 4(1)(b) of the [1982 NI 10.] Probation Board (Northern Ireland) Order 1982 for persons subject to community service orders to perform work and the performance of such work;

(c)without prejudice to the generality of sub-paragraphs (a) and (b), the functions of the responsible officers of such persons as are mentioned in those sub-paragraphs.

(2) Rules under paragraph (1)(b), may in particular make provision—

(a)limiting the number of hours of work to be done by a person on any one day;

(b)as to the reckoning of hours worked and the keeping of work records; and

(c)for the payment of travelling and other expenses in connection with the performance of work.

(3) In this Part “responsible officer” means—

(a)in relation to an offender who is subject to a probation order, the probation officer responsible for his supervision; F39and

(b)in relation to an offender who is subject to a community service order, the relevant officer within the meaning of Article 13(6).

F39prosp. subst. by 1998 NI 20

Custodial sentencesN.I.

Restriction on imposing sentences of imprisonment or detention on persons not legally representedN.I.

18.  F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on imposing custodial sentencesN.I.

19.  F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Length of custodial sentencesN.I.

20.  F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedural requirements for custodial sentencesN.I.

21.  F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disclosure of pre-sentence reportsN.I.

21A.  F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional requirements in the case of mentally disordered offendersN.I.

22.  F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspended sentences of imprisonment or orders for detentionN.I.

23.  In section 18 of the [1968 c. 29 (N.I.).] Treatment of Offenders Act (Northern Ireland) 1968 (suspended sentences of imprisonment or orders for detention in a young offenders centre)—

(a)in subsections (1) and (1A) at the beginning there shall be inserted “Subject to subsection (1C)”;

(b)after subsection (1B) there shall be inserted—

(1C) A court shall not deal with an offender by means of a suspended sentence or order for detention unless it is of the opinion—

(a)that the case is one in which a sentence of imprisonment or order for detention in a young offenders centre would have been appropriate even without the power to suspend the sentence or order; and

(b)that the exercise of that power can be justified by the exceptional circumstances of the case.

(1D) A court which passes a suspended sentence or makes an order for detention on any person for an offence shall consider whether the circumstances of the case are such as to warrant in addition the imposition of a fine or the making of a compensation order. .

Custody probation ordersN.I.

24.  F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to custody probation ordersN.I.

25.  F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Release on licence of certain offendersN.I.

Release on licence of sexual offendersN.I.

26.  F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49Breach of licence conditionsN.I.

27.(1) If at any time while an offender is released on licence under Article 26 it appears, on complaint to a lay magistrate, that the offender has failed to comply with any of the conditions specified in the licence, the lay magistrate may—

(a)issue a summons requiring the offender to appear before the appropriate court at a time specified in the summons; or

(b)if the complaint is in writing and on oath, issue a warrant for the offender to be arrested and brought before the appropriate court.

(2) If—

(a)a warrant is issued under sub-paragraph (1) requiring an offender to be brought before the Crown Court, and

(b)the offender cannot forthwith be brought before the Crown Court because it is not being held,

the warrant shall have effect as if it directed the offender to be brought before a magistrates' court F50....

(3) Where an offender is brought before a magistrates' court in pursuance of paragraph (2), that court shall commit the offender in custody or on bail to the Crown Court.

(4) Where the appropriate court before which an offender appears or is brought under this Article is the Crown Court and that Court is satisfied that the offender has failed without reasonable excuse to comply with any of the conditions specified in the licence, the Court may

(a)impose on him a fine not exceeding £1000;

(b)revoke the licence; or

(c)suspend the licence for a specified period which is shorter than the remaining licence period.

(5) Where the appropriate court before which an offender appears or is brought under this Article is a court of summary jurisdiction and that court is satisfied that the offender has failed without reasonable excuse to comply with any of the conditions specified in the licence, that court may—

(a)impose on him a fine not exceeding £1000;

(b)if the remaining licence period is less than 6 months, revoke the licence; or

(c)suspend the licence for a specified period which—

(i)is shorter than the remaining licence period; and

(ii)does not exceed 6 months.

(6) Where a court revokes the licence of an offender under paragraph (4) or (5)—

(a)the court shall order the offender to be returned to prison or, as the case may be, a young offenders centre; and

(b)the offender—

(i)shall be liable to be detained there in pursuance of his sentence until the date on which he would (but for his release) have served the whole of his sentence or order for detention; and

(ii)if at large shall be treated as being unlawfully at large.

(7) Where a court suspends the licence of an offender for a specified period under paragraph (4) or (5)—

(a)the court shall order the offender to be returned to prison or, as the case may be, a young offenders centre; and

(b)the offender—

(i)shall be liable to be detained there for that period in pursuance of his sentence or order for detention; and

(ii)if at large shall be treated as being unlawfully at large.

(8) In this Article “the remaining licence period”, in relation to an offender released on licence under Article 26, means the period beginning with the date of the making of an order under this Article and ending with the date on which the offender would (but for his release) have served the whole of his sentence or order for detention.

(9) In this Article “the appropriate court”, in relation to an offender released on licence in pursuance of an order under Article 26(1)(b), means—

(a)if the Crown Court made the order, the Crown Court; and

(b)if a court of summary jurisdiction made the order, a court of summary jurisdiction F51...

and if the order has been made on appeal, it shall be treated for the purposes of this paragraph as if it had been made by the court from which the appeal was brought.

F52(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Convictions during currency of original sentencesN.I.

28.—(1) Where an offender released on licence under Article 26—

(a)before the date on which he would (but for his release) have served his sentence or order for detention in full, commits an offence punishable with imprisonment; and

(b)whether before or after that date, is convicted of that offence ( “the new offence”);

the court by or before which he is convicted of the new offence may, whether or not it passes any other sentence on him, order him to be returned to prison or a young offenders centre for the whole or any part of the period which—

(i)begins with the date of the order; and

(ii)is equal in length to the period between the date on which the new offence was committed and the date mentioned in sub-paragraph (a).

(2) A court of summary jurisdiction—

(a)shall not have power to order an offender released on licence under Article 26 to be returned to prison or a young offenders centre for a period of more than 6 months; but

(b)may commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

(3) Where, under paragraph (2)(b), a court deals with an offender released on licence under Article 26, it shall send to the Crown Court such particulars of the case as may be desirable.

(4) Where, by virtue of paragraph (2)(b), an offender released on licence under Article 26 is brought or appears before the Crown Court, the Court may order him to be returned to prison or a young offenders centre for the whole or any part of the period which—

(a)begins with the date of the order; and

(b)is equal in length to the period between the date on which the new offence was committed and the date mentioned in paragraph (1)(a).

(5) The period for which an offender released on licence under Article 26 is ordered under paragraph (1) or (4) to be returned to prison or a young offenders centre—

(a)shall, as the court may direct, either be served before and be followed by, or be served concurrently with, the sentence imposed for the new offence; and

(b)in either case, shall be disregarded in determining the appropriate length of that sentence.

Financial penaltiesN.I.

Fixing of finesN.I.

29.—(1) Before fixing the amount of any fine to be imposed on an offender who is an individual, a court shall inquire into his financial circumstances.

(2) The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.

(3) In fixing the amount of any fine to be imposed on an offender (whether an individual or other person), a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.

[F53(3A) In applying paragraph (3), a court must not reduce the amount of a fine on account of any offender levy it orders the offender to pay under section 1 of the Justice Act (Northern Ireland) 2011, except to the extent that the offender has insufficient means to pay both.]

(4) Where—

(a)an offender has been convicted in his absence in pursuance of Article 23 or 24 of the [1981 N1 26.] Magistrates' Courts (Northern Ireland) Order 1981 (non-appearance of accused), or

(b)an offender—

(i)has failed to comply with an order under Article 30(1); or

(ii)has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,

[F54or

(c)the parent or guardian of an offender who is under the age of[F55 18] years—

(i)has failed to comply with an order under Article 30(2A); or

(ii)has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,]

and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.

(5) Paragraph (3) applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.

[F54(5A)  For the purposes of any order under Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 against a parent or guardian of an officer (parent of guardian to pay fine, etc. , instead of child)—

(a)this Article and Article 32 shall have effect (so far as applicable) as if any reference to the financial circumstances of the offender were a reference to the financial circumstances of the parent or guardian; but

(b)for the purposes of any such order made against the appropriate authority (within the meaning of that Order) paragraph (1) shall not apply.]

(6) The amendments made by Schedule 3 shall have effect.

Statements as to offenders' meansN.I.

30.—(1) Where an individual has been convicted of an offence the court may, before sentencing him, make a financial circumstances order with respect to him.

(2) Where a magistrates' court has been notified in accordance with Article 24(4) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 that an individual desires to plead guilty without appearing before the court, the court may make a financial circumstances order with respect to him.

[F56(2A) Before making an order under Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 against a parent or guardian, the court may make a financial circumstances order with respect to him.]

(3) In this Article “a financial circumstances order” means, in relation to any individual, an order requiring him to give to the court, to within such period as may be specified in the order, such a statement of his financial circumstances as the court may require.

(4) An individual who without reasonable excuse fails to comply with a financial circumstances order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

False statements as to financial circumstancesN.I.

31.—(1) If an individual in furnishing a statement in pursuance of a financial circumstances order under Article 30 or a person who is charged with an offence in furnishing a statement of his financial circumstances in response to an official request—

(a)makes a statement which he knows to be false in a material particular;

(b)recklessly furnishes a statement which is false in a material particular; or

(c)knowingly fails to disclose any material fact,

he shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.

(2) For the purposes of this Article an official request is a request which—

(a)is made by the clerk of petty sessions or the chief clerk, as the case may be; and

(b)is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose.

(3) Proceedings in respect of an offence under this Article may, notwithstanding anything in Article 19(1)(a) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time), be commenced at any time within 2 years from the date of the commission of the offence or within 6 months from its first discovery by the prosecution, whichever period expires the earlier.

[F57(3) Where a person who is charged with an offence is under the age of[F58 18] years, this Article shall also apply to his parent or guardian and accordingly this Article shall have effect in relation to the parent or guardian of such a person as if—

(a)any reference to his financial circumstances were a reference to the finanical circumstances of his parent or guardian;

(b)the reference in paragraph (1) to a person who is charged with an offence were a reference to his parent or guardian;

(c)the reference in paragraph (2) to his being convicted were a reference to his being convicted and the court's deciding to make an order under Article 35 of Criminal Justice (Children) (Northern Ireland) Order 1998 against his parent or guardian.]

Remission of finesN.I.

32.—(1) This Article applies where a court has, in fixing the amount of a fine, determined the offender's financial circumstances under Article 29(4).

(2) If, on subsequently inquiring into the offender's financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a)have fixed a smaller amount; or

(b)not have fined him,

it may remit the whole or any part of the tine.

(3) Where under this Article the court remits the whole or part of a fine after a term of imprisonment has been fixed under Article 92(1)(b) of the Magistrates' Courts (Northern Ireland) Order 1981 (issue of warrant of commitment for default) or section 35 of the [1945 c. 15 (N.I.).] Criminal Justice Act 1945 (powers of Crown Court or county court in relation to fines), it shall reduce the term by the corresponding proportion.

(4) In calculating any reduction required by paragraph (3), any fraction of a day shall be ignored.

MiscellaneousN.I.

Reduction in sentences for guilty pleasN.I.

33.—(1) In determining what sentence to pass on an offender who has pleaded guilty to an offence a court shall take into account—

(a)the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and

(b)the circumstances in which this indication was given.

(2) If, as a result of taking into account any matter referred to in paragraph (1), the court imposes a punishment on the offender which is less severe than the punishment it would otherwise have imposed, it shall state in open court that it has done so.

Art. 34 rep. by 2003 NI 13

Art. 35 rep. by 2003 NI 13

Savings for mitigation and mentally disordered offendersN.I.

36.—(1) Nothing in this Part [F59or Part 2 of the Criminal Justice (Northern Ireland) Order 2008] shall prevent a court from mitigating an offender's sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.

(2) Without prejudice to the generality of paragraph (1), nothing in this Part shall prevent a court—

(a)from mitigating any penalty included in an offender's sentence by taking into account any other penalty included in that sentence; or

(b)in a case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.

(3) Nothing in this Part shall be taken—

(a)as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender; or

(b)as restricting any power (whether under the [1986 NI 4.] Mental Health (Northern Ireland) Order 1986 or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.

Effect of previous convictions and of offending while on bailN.I.

37.—(1) In considering the seriousness of any offence, the court may take into account any previous convictions of the offender or any failure of his to respond to previous sentences.

(2) In considering the seriousness of any offence committed while the offender was on bail, the court shall treat the fact that it was committed in those circumstances as an aggravating factor.

(3) A probation order or conditional discharge order made before 1 the coming into operation of this Part (which, by virtue of section 1 or 5 of the [1950 c. 7 (N.I.).] Probation Act (Northern Ireland) 1950, would otherwise not be a sentence for the purposes of this Article) is to be treated as a sentence for those purposes.

(4) A conviction in respect of which a probation order or an order discharging the offender absolutely or conditionally was made before the coming into operation of this Part (which, by virtue of section 8 of that Act, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.

(5) A conditional discharge order made after the coming into operation of this Part (which, by virtue of Article 4 would otherwise not be a sentence for those purposes) is to be treated as a sentence for those purposes.

(6) A conviction in respect of which an order discharging the offender absolutely or conditionally was made after the coming into operation of this Part (which, by virtue of Article 6, would otherwise not be a conviction for those purposes) is to be treated as a conviction for those purposes.