SCHEDULES

SCHEDULE 13Consequential and related amendments

PART 8Serious terrorism sentence and extended custodial sentence: Northern Ireland

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

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1

The Criminal Justice (Northern Ireland) Order 2008 is amended as follows.

2

In Article 3 (interpretation of Part 2 (sentencing)), in paragraph (1), after the definition of “serious harm” insert—

“serious terrorism sentence” has the meaning given by Article 13A;

3

In Article 4 (interpretation of Chapter 2 (custodial sentences))—

a

in paragraph (1) (as amended by Part 9 of this Schedule), in paragraph (c) of the definition of “custodial sentence”, after “13(4)(b),” insert “ 13A(6), ”;

b

in paragraph (2), after sub-paragraph (a) insert—

aa

a sentence falls to be imposed under Article 13A if, because the court is of the opinions mentioned in paragraphs (1)(d) and (3) of that Article and is not of the opinion mentioned in paragraph (2) of that Article, the court is obliged to pass a sentence complying with that Article;

4

In Article 5(1)(b) (sentences not subject to general restriction on imposing custody), in paragraph (i), for “or 14” substitute “ , 13A or 14 ”.

5

In Article 7(2) (as amended by Part 9 of this Schedule) (custodial term to be shortest commensurate with seriousness of offence), in paragraph (2), after “Articles” insert 13A,”.

6

In Article 8(1)(a) (as amended by Part 9 of this Schedule) (setting of custodial period), after “other than” insert “ a serious terrorism sentence, ”.

7

In Article 9(2) (pre-sentence reports before forming opinion as to dangerousness), after “13(1)(b)” insert “ , 13A(1)(d) ”.

8

In Article 13(3) (duty to impose indeterminate custodial sentence), in the words before paragraph (a), after “extended custodial sentence” insert “ or a serious terrorism sentence ”.

9

In Article 14 (extended custodial sentences)—

a

in paragraph (1)(b)—

i

at the end of paragraph (i), for “; and” substitute “ or serious terrorism offences; ”;

ii

in paragraph (ii), after “specified offence” insert “ or serious terrorism offence ”;

iii

at the end of paragraph (ii) insert

; and

iii

where the offence, or an offence associated with it, is a serious terrorism offence, that the case is not one in which the court is required by Article 13A to pass a serious terrorism sentence.

b

in paragraphs (3)(b) and (5)(b), after “specified offences” insert “ or serious terrorism offences ”;

c

in paragraph (10), for the words from “that is” to the end substitute “ with which the offence is punishable (apart from Article 13) ”.

10

In Article 15(1) (cases where assessment of dangerousness required)—

a

in sub-paragraph (a), after “specified offence” insert “ or serious terrorism offence ”;

b

in sub-paragraph (b), after “13” insert “ , 13A ”.

11

In Article 16(2) (interpretation of Chapter 4 (release on licence)), in paragraph (c) of the definition of “custodial sentence” (as amended by Part 9 of this Schedule), after “13(4)(b),” insert “ 13A(6), ”.

12

In Article 33(6) (custodial periods to be aggregated in case of consecutive sentences), in sub-paragraph (a)(i) (as amended by Part 9 of this Schedule)—

a

after “in relation to” insert “ a serious terrorism sentence, ”;

b

after “Article” insert “ 13A, ”.