Article 23 Power of court to recommend licence conditions for sentences of 12 months or moreI1
Northern Ireland
A court which sentences an offender to a determinate custodial sentence of 12 months or more in respect of any offence may, when passing sentence, recommend to the F1Department of Justice particular conditions which in its view should be included in any licence granted to the offender under Article 17 F2, 19 or 20A on release from prison.
In exercising the powers under Article 24 in respect of an offender, the Department of Justice shall have regard to any recommendation under paragraph (1).
A recommendation under paragraph (1) is not to be treated for any purpose as part of the sentence passed on the offender.
Annotations
Textual amendments
- F1
Words in art. 23(1)(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 18 (with arts. 28-31); S.I. 2010/977, art. 1(2)
- F2
Words in art. 23(1) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(7)
Commencement
- I1
Art. 23 wholly in operation at 1.4.2009, see art. 1(4) and S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 1(1)(2)(a), 4)
Notes on Chapter 4
Modifications
- C1
Pt. 2 Ch. 4 applied (with modifications) by Repatriation of Prisoners Act 1984 (c. 47), Sch. para. 2A(4) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 4(2)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)
- C2
Pt. 2 Ch. 4 applied (29.6.2021) by 1984 c. 47, Sch. para. 2A(4A) (as inserted by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 5)