http://www.legislation.gov.uk/id/nisi/1996/3160/schedule/2

http://www.legislation.gov.uk/nisi/1996/3160/schedule/2/paragraph/7/made

The Criminal Justice (Northern Ireland) Order 1996

Probation

Government Printer for Northern Ireland

2013-07-10

NORTHERN IRELAND

This Order—makes further provision with respect to the powers of the courts to deal with offenders, including fresh provision with respect to probation and community service orders and to release on licence of sex offenders;makes provision for 28 day remands;makes provision about the jurisdiction of courts in Northern Ireland in relation to certain offences of dishonesty and blackmail;makes provision for an accused to be open to question as to his own character if he impugns the character of a deceased victim of the alleged crime;abolishes the corroboration rules;makes provision relating to the verdict of insanity or unfitness to plead and provides for a trial of the facts in the case of a defendant found to be unfit to plead;creates an offence of witness and juror intimidation;creates new offences with respect to certain knives and other dangerous weapons; andenables rules to provide for the furnishing of information by the prosecution in criminal cases.

The Criminal Justice (Northern Ireland) Order 1996

art. 44A(4)

The Criminal Justice (Northern Ireland) Order 2008

Sch. 5

para. 7(9)

art. 1(4)

art. 2

Sch. 1

para. 18(b)

Sch. 2

para. 1

The Criminal Justice (Northern Ireland) Order 1996

Sch. 2

para. 9(1)(a)(i)

Justice Act (Northern Ireland) 2015

Sch. 1

para. 112(5)(e)

Sch. 9

Pt. 1

Sch. 8

para. 1

s. 106(2)

art. 2(k)(m)

art. 3

The Criminal Justice (Northern Ireland) Order 1996

art. 54A

Offensive Weapons Act 2019

s. 37(3)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

art. 53(1)(a)

Offensive Weapons Act 2019

s. 43(2)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

art. 53(1)

Offensive Weapons Act 2019

s. 44(6)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

art. 53(2)-(9)

Offensive Weapons Act 2019

s. 44(7)

s. 70(3)

The Criminal Justice (Northern Ireland) Order 1996

Instrument

Criminal Justice (Terrorism and Conspiracy) Act 1998

s.9(1)

(2)

Sch.1 Pt.II

para.10

Sch.2

Pt.II

SCHEDULES

SCHEDULE 2ENFORCEMENT ETC. OF COMMUNITY ORDERS

PART IIIREVOCATION OF ORDER

Revocation of order with or without re-sentencing

7

1

This paragraph applies where a relevant order is in force in respect of any offender and, on the application of the offender or the responsible officer, it appears to a court of summary jurisdiction acting for the petty sessions district concerned that, having regard to circumstances which have arisen since the order was made, it would be in the interests of justice—

a

that the order should be revoked; or

b

that the offender should be dealt with in some other manner for the offence in respect of which the order was made.

2

The court may—

a

if the order was made by a magistrates' court—

i

revoke the order; or

ii

revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence; or

b

if the order was made by the Crown Court, commit him to custody or release him on bail until he can be brought or appear before the Crown Court.

3

The circumstances in which a probation order may be revoked under sub-paragraph (2)(a)(i) shall include the offender’s making good progress or his responding satisfactorily to supervision.

4

In dealing with an offender under sub-paragraph (2)(a)(ii), a court of summary jurisdiction shall take into account the extent to which the offender has complied with the requirements of the relevant order.

5

Where the court deals with an offender’s case under sub-paragraph (2)(b), it shall send to the Crown Court such particulars of the case as may be desirable.

6

Where a court of summary jurisdiction proposes to exercise its powers under this paragraph otherwise than on the application of the offender it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

7

No application may be made by the offender under sub-paragraph (1) while an appeal against the relevant order is pending.