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Criminal Justice (Northern Ireland) Order 2008 (Commencement No.5 and Saving Provisions) Order 2009 in England

S.R. 2009/120 · Made 14 March 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law

Made 14th March 2009

The Secretary of State makes the following Order, in exercise of the powers conferred by Articles 1(4) and 100(4) of the Criminal Justice (Northern Ireland) Order 2008f1.

Annotations to the whole text

Footnotes

f1

S.I 2008/1216 (N.I. 1)

Contents

  1. 1Citation and Interpretation
  2. 2Commencement
  3. Signature
  4. Schedule 1: Provisions coming into operation on 1st April 2009
  5. 1Paragraph 1
  6. 2Paragraph 2
  7. 3Paragraph 3
  8. 4Paragraph 4
  9. 5Paragraph 5
  10. 6Paragraph 6
  11. 7Paragraph 7
  12. 8Paragraph 8
  13. 9Paragraph 9
  14. 10Paragraph 10
  15. 11Paragraph 11
  16. 12Paragraph 12
  17. 13Paragraph 13
  18. 14Paragraph 14
  19. 15Paragraph 15
  20. 16Paragraph 16
  21. 17Paragraph 17
  22. 18Paragraph 18
  23. 19Paragraph 19
  24. Schedule 2: SAVING PROVISIONS
  25. 1Savings for offences committed before 1 April 2009
  26. 2Savings for sentences of less than 12 months
  27. 3Concurrent and consecutive terms - savings for Articles 32 and 33
  28. 4Interpretation
  29. Explanatory note

1Citation and Interpretation

(1)

This Order may be cited as the Criminal Justice (Northern Ireland) Order 2008 (Commencement No.5 and Saving Provisions) Order 2009

(2)

In this Order;

(a)

“the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;

(b)

“the 1996 Order” means the Criminal Justice (Northern Ireland) Order 1996f1.

2Commencement

(1)

The provisions of the 2008 Order specified in Schedule 1 shall come into operation on 1st April 2009, subject to the saving provisions in Schedule 2.

(2)

Where any limitation is specified in relation to any provision in Schedule 1 the provision concerned shall come into operation on that date subject to that limitation.

Signature

Paul Goggins

Minister of State

Northern Ireland Office

14th March 2009

1

Article 5 (restrictions on imposing certain custodial sentences).

2

Article 6 (restrictions on imposing custodial sentences on persons not legally represented).

3

Article 7 (length of custodial sentences) in so far is it not already in operation.

4

Article 8 (length of custodial period).

5

Article 9 (procedural requirements for custodial sentences).

6

Article 10 (additional requirements in the case of mentally disordered offenders).

7

Article 11 (disclosure of pre-sentence reports).

8

Article 17 (duty to release certain fixed-term prisoners).

9

Article 21 (duration of licences: fixed-term prisoners) in so far as it is not already in operation.

10

Article 23 (power of court to recommend licence conditions for sentences of 12 months or more).

11

Article 28 (recall of prisoners while on licence) in so far as it relates to a person released on licence under Article 17.

12

Article 29 (further release after recall for certain fixed-term prisoners) in so far as it relates to a person released on licence under Article 17.

13

Article 32 (1), (2) and (4) (concurrent terms) in so far as it is not already in operation.

14

Article 33 (1), (2), (3) and (6) (consecutive terms) in so far as it is not already in operation.

15

Chapter 5 (curfews and electronic monitoring).

16

Article 102(1) (amendments) to the extent necessary to bring into operation the amendments specified in paragraph 18.

17

Article 102(2) (repeals) to the extent necessary to bring into operation the repeals specified in paragraph 19.

18

In Schedule 5 (amendments) –

(a)

Paragraph 4(1) (Repatriation of Prisoners Act 1984 f1) in so far as it relates to release on licence under Article 17 of the 2008 Order;

(b)

Paragraph 7 (6), (8) and (9) (the 1996 Order).

19

In Schedule 6 (Repeals) Part 1 the entries in respect of ―

(a)

the 1996 Order in so far as it repeals Articles 18 to 22 and 24 to 26;

(b)

the Crime (Sentences) Act 1997f1;

(c)

the Criminal Justice (Children) (Northern Ireland) Order 1998f2;

(d)

the Justice (Northern Ireland) Act 2002f3 in so far as it repeals Schedule 11 paragraph 12;

(e)

the Criminal Justice Act 2003f4;

(f)

the Criminal Justice (Northern Ireland) Order 2003f5;

(g)

the Firearms (Northern Ireland) Order 2004f6;

(h)

the Criminal Justice (Northern Ireland) Order 2005f7.

1Savings for offences committed before 1 April 2009

(1)

The coming into operation of the provisions of the 2008 Order mentioned in sub-paragraph (2) is of no effect in relation to an offence committed before 1 April 2009.

(2)

The provisions to which this paragraph applies are ―

(a)

Articles 5, 6, 7, 9 to 11, and 23;

(b)

In Schedule 5, paragraph 4(1) and paragraphs 7 (8) and (9);

(c)

In Schedule 6 (Repeals) the entries in respect of;

(i)

Articles 18 to 22 and 24 to 26 of the 1996 Order

(ii)

the Criminal Justice (Children) (Northern Ireland) Order 1998

(iii)

the Justice (Northern Ireland) Act 2002 in so far as it repeals Schedule 11, paragraph 12

(iv)

the Criminal Justice Act 2003

(v)

the Criminal Justice (Northern Ireland) Order 2003

(vi)

the Firearms (Northern Ireland) Order 2004

(vii)

the Criminal Justice (Northern Ireland) Order 2005.

2Savings for sentences of less than 12 months

(1)

The coming into operation of Article 8 of the 2008 Order is of no effect in relation to a custodial sentence of less than 12 months (whether or not such a sentence is concurrent with or consecutive to another sentence).

(2)

The coming into operation of Article 17 of the 2008 Order is of no effect in relation to a prisoner serving a custodial sentence of less than 12 months (whether or not such a sentence is concurrent with or consecutive to another sentence).

(3)

The coming into operation of paragraph 4(1) of Schedule 5 to the 2008 Order is of no effect in relation to a prisoner serving a custodial sentence of less than 12 months (whether or not such a sentence is concurrent with or consecutive to another sentence).

(4)

The coming into operation of the repeal of Article 26 of the 1996 Order is of no effect in relation to an offender who receives a custodial sentence of less than 12 months (whether or not such a sentence is concurrent with or consecutive to another sentence).

(5)

In this paragraph “custodial sentence” means a sentence of imprisonment or of detention in a young offenders centre.

3Concurrent and consecutive terms - savings for Articles 32 and 33

The coming into operation of Articles 32(1), (2) and (4) and 33(1), (2), (3) and (6) of the 2008 Order is of no effect―

(a)

in relation to a determinate custodial sentence, other than an extended custodial sentence, passed in respect of an offence committed before 1 April 2009 whether or not that sentence is consecutive to, or concurrent with, a custodial sentence passed after that date; or

(b)

in relation to a determinate custodial sentence of less than 12 months, whether or not that sentence is consecutive to, or concurrent with, a custodial sentence of 12 months or more.

4Interpretation

For the purposes of this Schedule, where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken to have been committed on the last of those days.

Explanatory note

(This note is not part of the Order)

This Order brings into operation the provisions of the Criminal Justice (Northern Ireland) Order 2008 set out in Schedule 1 on 1 April 2009, subject to the saving provisions contained in Schedule 2.