Explanatory Memorandum

Justice Act (Northern Ireland) 2015

2015 CHAPTER 9

24 July 2015

Commentary on Sections

Part 8: Violent Offences Prevention Orders


Section 71:  Offences

This section sets out the penalties for failing to comply with the conditions of a VOPO or notification requirements. It stipulates that failure, without reasonable excuse, to comply with any prohibition or requirement of a full or interim VOPO, or any failure to comply with a notification requirement, without reasonable excuse, is an offence.  It provides that those who knowingly provide false information on notification would also be committing an offence.

Where the person fails to comply with a notification requirement, the offence of failing to give a notification continues throughout the period during which the required notification is not given.  An offender cannot be prosecuted more than once for the same failure.

The penalty for non-compliance is, on summary conviction, imprisonment for a period of up to six months, or a fine not exceeding the statutory maximum, or both.  On conviction on indictment, the penalty is imprisonment for a period of up to five years, or a fine, or both.