Mental Capacity Act (Northern Ireland) 2016 No. 18

Prospective

PART 10 N.I. CRIMINAL JUSTICE

CHAPTER 2 N.I. POWERS OF COURT ON CONVICTION

Public protection orders with and without restrictions N.I.

Further provision about making of public protection orders N.I.

170—(1) Nothing in a provision mentioned in subsection (2) prevents a court from making a public protection order in respect of an offence the sentence for which would otherwise fall to be imposed under that provision.

(2) The provisions referred to in subsection (1) are—

(a) Article 70(2) of the Firearms (Northern Ireland) Order 2004;

(b) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006;

(c) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008;

(d) section 7 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.

(3) Any reference in this section to a sentence falling to be imposed under a provision mentioned in subsection (2) is to be read in accordance with Article 4(2) of the Criminal Justice (Northern Ireland) Order 2008.

(4) Where a public protection order is made in respect of an offence, the court—

(a) may not pass a custodial sentence or impose a fine or make a probation order in respect of the offence; but

(b) may make any other order which the court has power to make.