The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) Rules 2009

S.R. 2009/81 · Made 5 March 2009 · Extends to Northern Ireland

Criminal Law

Made 5th March 2009

Coming into operation 1st April 2009

To be laid before Parliament

The Secretary of State makes the following Rules in exercise of the powers conferred by Article 24(1) and (3) of the Criminal Justice (Northern Ireland) Order 2008^f1, and having regard to the purposes of the supervision of offenders while on licence set out in Article 24(8) of that Order.

Annotations to the whole text

Footnotes

f1: S1 2008/1216 (NI)

1Citation, commencement and interpretation
2Standard Conditions of Licence
3Other Conditions of Licence
Signature
Explanatory note

1Citation, commencement and interpretationI1

(1)

These Rules may be cited as the Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) Rules 2009 and shall come into operation on 1 April 2009.

(2)

In these Rules “the Order” means the Criminal Justice (Northern Ireland) Order 2008.

F1“supervising officer” means a probation officer or such other person or organisation for the time being responsible for supervising specific offenders on licence in accordance with arrangements made by the Department of Justice;

2Standard Conditions of LicenceI1

(1)

The conditions set out in paragraphs (2) and (3) are the standard conditions prescribed for the purposes of Article 24(1) of the Order.

(2)

The prisoner must —

(a)

Keep in touch with the F1supervising officer as instructed by the supervising officer ;

(b)

Receive visits from the F2supervising officer as instructed by the supervising officer ;

(c)

Permanently reside at an address approved by the F3supervising officer and obtain the prior permission of the supervising officer for any change of address;

(d)

Undertake such work, including voluntary work, as approved by the F4supervising officer , and obtain the prior permission of the supervising officer for any proposed change; and

(e)

Not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the F5supervising officer , except where the prisoner is deported or removed from the United Kingdom in accordance with the Immigration Act 1971^f1or the Immigration and Asylum Act 1999^f2.

(3)

The prisoner must not —

(a)

Behave in a way which undermines the purposes of the release on licence, which are the protection of the public, the prevention of re-offending and the rehabilitation of the offender;

(b)

Commit any offence.

3Other Conditions of LicenceI1

(1)

Conditions of a kind set out in paragraph (2) are prescribed for the purposes of Article 24(3)(b) of the Order.

(2)

The conditions are those which impose on a prisoner:

(a)

A requirement that the prisoner resides at a certain place;

(b)

A requirement as to the prisoner making or maintaining contact with a person, more than one person or identified group;

(c)

A restriction relating to the prisoner making or maintaining contact with a person, more than one person or identified group;

(d)

A restriction on the prisoner’s participation in any activity;

(e)

A requirement that the prisoner participates in or co-operates with a programme or set of activities, which may include testing, designed to further one or more of the purposes referred to in Article 24(8) of the Order;

(f)

A requirement that the prisoner complies with a curfew arrangement;

(g)

A requirement that the prisoner complies with an electronic monitoring arrangement;

(h)

A restriction on the prisoner’s freedom of movement which is not a requirement referred to in sub-paragraph (f);

(i)

Any other requirement relating to the prisoner’s supervision in the community by a F1supervising officer .

(3)

For the purpose of these Rules, “curfew arrangement”, means an arrangement under which a prisoner is required to remain at a specific place for a specified period of time which is not an arrangement contained in a condition imposed by Article 26(1) of the Order.

Signature

Paul Goggins

Minister of State

Northern Ireland Office

Explanatory note

(This note is not part of the Rules)

These Rules prescribe the standard and other conditions which may be contained in a licence issued under the provisions of the Criminal Justice (Northern Ireland) Order 2008.