Justice Act (Northern Ireland) 2015

Violent offences prevention orders N.I.

55—(1) A violent offences prevention order is an order made under section 56 or 57 in respect of a person (“D”) which—

(a) contains such prohibitions or requirements authorised by section 59 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by D, and

(b) has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 60).

(2) For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—

(a) the public, or

(b) any particular members of the public,

from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.

(3) In this Part “specified offence” means an offence for the time being listed in Part 1 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (violent offences) [F1 or a relevant terrorism offence] .

[F2 (3A) In subsection (3), “relevant terrorism offence” means an offence under—

(a) section 54 of the Terrorism Act 2000 (weapons training);

(b) section 56 of that Act (directing a terrorist organisation);

(c) section 57 of that Act (possession of article for terrorist purposes);

(d) section 59 of that Act (inciting terrorism overseas);

(e) section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons);

(f) section 50 of that Act (assisting or inducing certain weapons-related acts overseas);

(g) section 113 of that Act (use of noxious substance or thing to cause harm or intimidate);

(h) section 5 of the Terrorism Act 2006 (preparation of terrorist acts);

(i) section 6 of that Act (training for terrorism);

(j) section 9 of that Act (making or possession of radioactive device or material);

(k) section 10 of that Act (misuse of radioactive device or material for terrorist purposes etc);

(l) section 11 of that Act (terrorist threats relating to radioactive devices etc).]

(4) But the offence mentioned in paragraph 7 of [F3 Part 1 of Schedule 2 to the 2008 Order] (assault occasioning actual bodily harm) is not a specified offence for the purposes of sections 56(2) or (3) or 58(2) or (3) unless—

(a) it was committed against—

(i) a vulnerable adult (within the meaning of Article 2(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007);

(ii) a person under the age of 18; or

(iii) a person living in the same household as the offender; or

(b) the court in sentencing the offender for the offence treated the offence as aggravated by hostility (within the meaning of Article 2 of the Criminal Justice (No. 2) (Northern Ireland) Order 2004).

Textual Amendments

F1 Words in s. 55(3) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 16(2) (with s. 25(5))

F2 S. 55(3A) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 16(3) (with s. 25(5))

F3 Words in s. 55(4) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 16(4) (with s. 25(5))

Commencement Information

I1 S. 55 in operation at 1.12.2016 by S.R. 2016/417, art. 2(a)