Part 5

Miscellaneous

Victims of crime

Supplementary
70
1
In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—
a
detained pursuant to directions ... under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), or
b
detained in a young offenders centre as the result of an order of the Crown Court.
2
In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—
a
include a person who, in consequence of a restricted transfer from Northern Ireland, is serving part of a sentence of imprisonment in another part of the United Kingdom, but
b
do not include a person who, in consequence of a restricted transfer from another part of the United Kingdom, is serving part of a sentence of imprisonment in Northern Ireland.
3
“Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).
4
In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.
5
In subsection (4) and section 69A(3)—
- “
restriction direction
” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;
- “
transfer direction
” has the meaning given in Article 53(2) of that Order.
6
In section 69A(3)—
- “
hospital order
” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;
- “
restriction order
” has the meaning given in Article 47(1) of that Order;
- “
sentence of imprisonment
” has the meaning given in Article 53(5) of that Order.
7
In sections 69A and 69B “
leave of absence
” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.
S. 70(4)-(7) inserted (14.12.2008) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 46(3), 60; S.I. 2008/3065, art. 2
Words in s. 70(1)(a) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 17 (with arts. 28-31)