Criminal Justice (Northern Ireland) Order 1996

1996 No. 3160 (N.I. 24)

NORTHERN IRELAND

The Criminal Justice (Northern Ireland) Order 1996

Made 19th December 1996

Coming into operation on days to be appointed under Article 1(2)

At the Court at Buckingham Palace, the 19th day of December 1996

Present,

The Queen’s Most Excellent Majesty in Council

Whereas a draft of this Order has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the1Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—.

1 INTRODUCTORY

PART I

INTRODUCTORY

Title and commencement
S-1 Title and commencement

Title and commencement

1.—(1) This Order may be cited as the Criminal Justice (Northern Ireland) Order 1996.

(2) This Order shall come into operation on such day or days as the Secretary of State may by order appoint.

(3) An order under paragraph (2) may also appoint a day for the coming into operation of any provision of an order made under section 38(2) of the2Northern Ireland Constitution Act 1973 as necessary or expedient in consequence of this Order.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) The 3Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

“attendance centre order” means an order under section 135 of the4Children and Young Persons Act (Northern Ireland) 1968;

“Board” means a Health and Social Services Board established under Article 16 of the5Health and Personal Social Services (Northern Ireland) Order 1972;

“combination order” means an order under Article 15;

“community order” means any of the following orders, namely—

(a) a probation order;

(b) a community service order;

(c) a combination order;

(d) a supervision order; and

(e) an attendance centre order;

“community sentence” means a sentence which consists of or includes one or more community orders;

“community service order” means an order under Article 13;

“custodial sentence” means—

(a) in relation to an offender of or over the age of 21 years, a sentence of imprisonment; and

(b) in relation to an offender under that age,—

(i) a sentence of imprisonment for a term of more than 4 years;

(ii) a sentence of detention in a young offenders centre or a sentence of detention during the Secretary of State’s pleasure under section 73(1) of the6Children and Young Persons Act (Northern Ireland) 1968;

(iii) an order under section 74(1)(a) or (e) of that Act sending the offender to a training school or committing him to custody in a remand home;

“custody probation order” means an order under Article 24;

“HSS trust” means a Health and Social Services trust established under Article 10(1) of the7Health and Personal Social Services (Northern Ireland) Order 1991 and “authorised HSS trust” shall be construed in accordance with paragraph (3);

“mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the8Mental Health (Northern Ireland) Order 1986;

“Order Book” means the Order Book required to be kept under rule 19 of the9Magistrates' Courts Rules (Northern Ireland) 1984;

“order for conditional discharge” means an order under Article 4 discharging a person subject to the condition specified in Article 4(1)(b);

“period of conditional discharge” means the period specified in an order for conditional discharge;

“pre-sentence report” means a report in writing which—

(a) with a view to assisting the court in determining the most suitable method of dealing with an offender, is made or submitted by a probation officer or a social worker of a Board or authorised HSS trust; and

(b) contains information as to such matters, presented in such manner, as may be prescribed by rules made by the Secretary of State;

“Probation Board” means the Board established by the10Probation Board (Northern Ireland) Order 1982;

“probation order” means an order under Article 10;

“probation period” means the period specified in a probation order;

“sentence of imprisonment” does not include a committal or attachment for contempt of court;

“sexual offence”, except in Article 45(1)(b), has the same meaning as in section 58(5) of the11Children and Young Persons Act (Northern Ireland) 1968;

“statutory provision” has the meaning assigned to it by section 1 (f) of the Interpretation Act (Northern Ireland) 1954;

“supervision order” means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968;

“violent offence” means an offence which leads, or is intended or likely to lead, to a person’s death or to physical injury to a person, and includes an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition);

“young offenders centre” has the meaning assigned to it by section 2(a) of the12Treatment of Offenders Act (Northern Ireland) 1968.

(3) A reference in any provision of this Order to an “authorised HSS trust” is a reference to an HSS trust by which functions under that provision are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the13Health and Personal Social Services (Northern Ireland) Order 1994.

(4) For the purposes of this Order except Article 10(4) or 13(S), where an order for discharge, a probation order or a community service order has been made on appeal, the order shall be treated as if it had been made by the court from which the appeal was brought.

(5) For the purposes of any reference (however expressed) in this Order to a term of imprisonment or to a term of detention in a young offenders centre, consecutive terms shall be treated as a single term.

(6) For the purposes of any reference in this Order to a sentence of imprisonment or detention in a young offenders centre, that reference includes—

(a)

(a) a sentence or term passed by a court in the United Kingdom, the Channel Islands or the Isle of Man;

(b)

(b) in the case of imprisonment, a sentence passed by a court-martial on a person found guilty of a civil offence (within the meaning of the14Army Act 1955, the15Air Force Act 1955 or the16Naval Discipline Act 1957).

(7) For the purposes of this Order, an offence is associated with another if—

(a)

(a) the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or

(b)

(b) the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.

(8) In this Order any reference, in relation to an offender convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.

2 TREATMENT OF OFFENDERS

PART II

TREATMENT OF OFFENDERS

Preliminary

Preliminary

S-3 Deferment of sentence

Deferment of sentence

3.—(1) Subject to the provisions of this Article, the Crown Court or a magistrates' court may defer passing sentence on an offender for the purpose of enabling the court to have regard, in determining his sentence, to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.

(2) Any deferment under this Article shall be until such date as may be specified by the court, not being more than 6 months after the date on which the deferment is announced by the court; and where the passing of sentence has been deferred under this Article it shall not be further deferred thereunder.

(3) The power conferred by this Article shall be exercisable only if the offender consents and the court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.

(4) A court which under this Article has deferred passing sentence on an offender may pass sentence on him before the expiration of the period of deferment if during that period he is convicted in Northern Ireland of any offence.

(5) If an offender on whom a court has under this Article deferred passing sentence in respect of one or more offences is during the period of deferment convicted in Northern Ireland of any offence (“the subsequent offence”), then, without prejudice to paragraph (4) but subject to paragraph (6), the court which (whether during that period or not) passes sentence on him for the subsequent offence may also, if this has not already been done, pass sentence on him for the first-mentioned offence or offences.

(6) The power conferred by paragraph (5) shall not be exercised by a magistrates' court if the court which deferred passing sentence was the Crown Court; and the Crown Court, in exercising that power in a case in which the court which deferred passing sentence was a magistrates' court, shall not pass any sentence which could not have been passed by a magistrates' court in exercising it.

(7) A court which under this Article has deferred passing sentence on an offender may issue a summons requiring him to appear before the court, or may issue a warrant for his arrest where—

(a)

(a) the court proposes to sentence him, whether on the date originally specified by the court or by virtue of paragraph (4) before that date; or

(b)

(b) the offender does not appear on the date so specified.

(8) In deferring the passing of sentence under this Article a magistrates' court shall be regarded as exercising...

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