The Criminal Justice (Northern Ireland) Order 1996

Probation orders N.I.

10 .F1 —(1) Where a court by or before which a person is convicted of an offence [F2 (not being an offence for which the sentence is fixed by law or falls to be imposed under [F3 Article 70(2)] of the Firearms (Northern Ireland) Order [F3 2004] [F4 or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006] [F5 or Article 13 [F6 , 13A] [F7 , 14 or 15A] of the Criminal Justice (Northern Ireland) Order 2008] [F8 or 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.

F9 (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.

F10 (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).

F1 mod. by 2000 c. 43

F2 2003 c. 44

F3 2004 NI 3

F4 Words in art. 10(1) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 2(11)(b)(ii); S.I. 2007/858, art. 2(i)(j)

F5 Words in art. 10(1) inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 7(3); S.R. 2008/217, art. 2, Sch. (subject to saving in art. 3(1)(2)(b)(ii))

F6 Word in art. 10(1) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 64(4)

F7 Words in art. 10(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 69(4)

F8 Words in art. 10(1) inserted (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), ss. 7(7)(b)(ii), 28(2)

F9 Art. 10(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 112(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F10 Art. 10(5) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 112(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)