Criminal Justice (Northern Ireland) Order 1994

JurisdictionUK Non-devolved
CitationSI 1994/2795

1994 No. 2795 (N.I. 15)

NORTHERN IRELAND

The Criminal Justice (Northern Ireland) Order 1994

Made 2nd November 1994

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

At the Court at Buckingham Palace, the 2nd day of November 1994

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 the Northern Ireland Act 19741and 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 1994.

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

Interpretation
S-2 Interpretation

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 19542shall 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—

“fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation;

“relevant provision” means a provision contained in—

(a) an Act of the Parliament of the United Kingdom;

(b) an Act of the Parliament of Ireland;

(c) an Act of the Parliament of Northern Ireland;

(d) an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 19723;

(e) an Order in Council under Schedule 1 to the Northern Ireland Act 1974;

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

(3) In Articles 19 to 24—

“complainant” means a person against whom the offence is alleged to have been committed;

“picture” includes a likeness however produced;

“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 19904; and

“written publication” includes a film, a sound-track and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

2 FINES AND PENALTIES

PART II

FINES AND PENALTIES

Financial and other penalties

Financial and other penalties

S-3 Increase of certain maxima

Increase of certain maxima

3.—(1) In Article 4(8) of the Fines and Penalties (Northern Ireland) Order 1984 (maximum fine on summary conviction of an offence punishable on conviction on indictment or on summary conviction), in the definition of “prescribed sum” for “£2,000” there shall be substituted “£5,000”.

(2) For Article 5(2) of the Fines and Penalties (Northern Ireland) Order 1984 (standard scale of fines) there shall be substituted—

S-2

“2 The standard scale is shown below—

Level on the scale

Amount of fine

1

£200

2

£500

3

£1,000

4

£2,500

5

£5,000”.

(3) In section 72(1) of the Children and Young Persons Act (Northern Ireland) 19685(restriction on punishment of a child and young person)—

(a)

(a) in paragraph (a) (maximum fine on summary conviction of a child) for “£100” there shall be substituted “£250”;

(b)

(b) in paragraph (b) (maximum fine on summary conviction of a young person) for “£400” there shall be substituted “£1,000”.

(4) In the Magistrates' Courts (Northern Ireland) Order 19816

(a)

(a) in Article 54(1)(b)(i) (fine in lieu of imprisonment), for “£400” there shall be substituted “level 3 on the standard scale”;

(b)

(b) in Article 119(1) (penalty for failure to appear or failure to comply), for “£50” there shall be substituted “level 4 on the standard scale”.

(5) In the statutory provisions specified in column 1 of Schedule I (the general description of which is given in column 2 of that Schedule), for the amount specified in column 3 of that Schedule there shall be substituted the amount specified in column 4 of that Schedule.

S-4 Period of imprisonment for default

Period of imprisonment for default

4.—(1) In section 35 of the Criminal Justice Act (Northern Ireland) 19457(powers of Crown Court or county courts in relation to fines and forfeited recognizances) for subsection (2) there shall be substituted—

S-2

“2 The periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention which may be fixed under subsection (1)(c) applicable respectively to the amounts set out opposite thereto—

TABLE

An amount not exceeding £200

7 days

An amount exceeding £200 but not exceeding £500

14 days

An amount exceeding £500 but not exceeding £1,000

28 days

An amount exceeding £1,000 but not exceeding £2,500

45 days

An amount exceeding £2,500 but not exceeding £5,000

3 months

An amount exceeding £5,000 but not exceeding £10,000

6 months

An amount exceeding £10,000 but not exceeding £20,000

12 months

An amount exceeding £20,000 but not exceeding £50,000

18 months

An amount exceeding £50,000 but not exceeding £100,000

2 years

An amount exceeding £100,000 but not exceeding £250,000

3 years

An amount exceeding £250,000 but not exceeding £1 million

5 years

An amount exceeding £1 million

10 years”.

(2) For the Table in paragraph 1 of Schedule 3 to the Magistrates' Courts (Northern Ireland) Order 19818(maximum periods of imprisonment for default in paying sums adjudged to be paid by a conviction), there shall be substituted the following Table—

TABLE

“An amount not exceeding £200

7 days

An amount exceeding £200 but not exceeding £500

14 days

An amount exceeding £500 but not exceeding £1,000

28 days

An amount exceeding £1,000 but not exceeding £2,500

45 days

An amount exceeding £2,500 but not exceeding £5,000

3 months

An amount exceeding £5,000 but not exceeding £10,000

6 months

An amount exceeding £10,000

12 months”.

S-5 Fines on companies

Fines on companies

5.—(1) After section 35(4) of the Criminal Justice Act (Northern Ireland) 19459(powers of Crown Court or county courts in relation to fines and forfeited recognizances) there shall be inserted—

S-4A

“4A Where—

(a) the Crown Court has imposed a fine on a company; and

(b) the court has issued a warrant of distress under section 3 of the Fines Act (Ireland) 1851 for the purpose of levying the amount of the fine; and

(c) it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the amount of the fine with the costs and charges of levying the same,

the chief clerk may make an application in relation to the company under Article 22 or 104 of the Insolvency (Northern Ireland) Order 1989 (administration or winding up).”.

(2) After Article 92 of the Magistrates' Courts (Northern Ireland) Order 198110there shall be inserted—

S-92A

Fines imposed on companies

92A.—(1) Where—

(a)

(a) a magistrates' court has, or is treated by any statutory provision as having, adjudged a company by a conviction to pay a sum; and

(b)

(b) the court has issued a warrant of distress under Article 92(1)(a) for the purpose of levying the sum; and

(c)

(c) it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same,

the clerk of petty sessions may make an application in relation to the company under Article 22 or 104 of the Insolvency (Northern Ireland) Order 1989 (administration or winding up).”.

Maximum fines under instruments

S-6 Fines on summary conviction for offences punishable on indictment or on summary conviction under instruments

Fines on summary conviction for offences punishable on indictment or on summary conviction under instruments

6.—(1) For any offence punishable on conviction on indictment or on summary conviction being an offence created by an instrument made before the coming into operation of this Article under any relevant provision, the maximum fine which may be imposed on summary conviction shall by virtue of this paragraph be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.

(2) Where apart from this Article the maximum fine would be one amount in the case of a first conviction and a different amount in the case of a second or subsequent conviction, paragraph (1) shall apply irrespective of whether the conviction is a first, second or subsequent one.

(3) Paragraph (1) shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine of a specified amount or to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

(4) Where there is under any relevant provision (however framed or worded) passed or made before the coming into operation of this Article a power by instrument to impose penal provisions, being a power which allows the creation of offences punishable on conviction on indictment or on summary conviction, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of such an offence shall by virtue of this paragraph be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of a relevant provision passed or made before the coming into operation of this Article.

(5) Where there is under any relevant provision (however framed or worded) passed or made before the coming into operation of this Article a power by instrument to create offences punishable on conviction on indictment or on summary conviction, the maximum fine for such an offence so created may be expressed as a fine not exceeding the statutory maximum.

(6) Paragraph (5) has effect in relation to exercises of powers before as well as after the coming into operation of this Article.

(7) An Order in Council...

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