Article 24 Licence conditionsI3

Northern Ireland

(1)

In this Article—

(a)

“the standard conditions” means such conditions as may be prescribed for the purposes of this Article as standard conditions; and

(b)

“prescribed” means prescribed by the F1Department of Justice by rules.

I1(2)

Any licence under Article 17 or 19 in respect of any prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more shall include—

(a)

such conditions as may be required by the court in passing sentence; and

(b)

so far as not inconsistent with them, the standard conditions.

(3)

Any other licence under this Chapter

(a)

shall include the standard conditions; and

(b)

may include such other conditions of a kind prescribed for the purposes of this paragraph as the Department of Justice may for the time being specify in the licence.

(4)

The Department of Justice may vary or cancel any conditions specified in a licence under this Chapter and may subsequently include additional conditions.

(5)

Where a prisoner is released on licence under Article 18 F2or 20A, the Department of Justice shall not—

(a)

include a condition under paragraph (3)(b) on release, or

(b)

subsequently insert, vary or cancel a condition under paragraph (4),

except after consultation with the Parole Commissioners.

(6)

For the purposes of paragraph (5), the Department of Justice is to be treated as having consulted the Parole Commissioners about a proposal to include, insert, vary or cancel a condition in any case if they have been consulted F3by the Department of Justice about the implementation of proposals of that description generally or in that class of case.

(7)

Paragraphs (2) and (3) have effect subject to—

I2(a)

Articles 25 and 26;

(b)

Articles 32(2) and 33(3) and (4).

(8)

In exercising the powers to prescribe standard conditions or other conditions referred to in paragraph (3), the Department of Justice shall have regard to the following purposes of the supervision of offenders while on licence under this Chapter—

(a)

the protection of the public;

(b)

the prevention of re-offending;

(c)

the rehabilitation of the offender.

Annotations

Textual amendments

F1: Words in art. 24 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. 19(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F2: Words in art. 24(5) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 74(8)
F3: Words in art. 24(6) inserted (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. 19(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement

I1: Art. 24(2) in operation at 1.7.2015 by S.R. 2015/290, art. 2(b)
I2: Art. 24(7)(a) in operation at 1.7.2015 by S.R. 2015/290, art. 2(c)
I3: Art. 24 partly in operation; art. 24 not in operation at date Order made see art. 1(4); art. 24(1)(3)-(6)(7)(b)(8) in operation at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 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)