The Criminal Justice (Northern Ireland) Order 2008
Draft 2008, ISBN 9780110800875
Draft Order in Council laid before Parliament under section 85 of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament
NORTHERN IRELAND
Made 2008
Coming into operation in accordance with Article 1(2) to (4)
At the Court at Buckingham Palace, the ** day of ** 2008
Present,
The Queen’s Most Excellent Majesty in Council
Whereas
the Secretary of State, in accordance with subsection (4)(a) of section 85 of the Northern Ireland Act 1998 (c. 47), laid before Parliament a document which contained a draft of this proposed Order;
the Secretary of State referred the document to the Northern Ireland Assembly for its consideration;
the period referred to in subsection (4)(c) of that section has ended; and
a draft of this Order has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998 (c. 47) and 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:–
Contents
- Part 1: INTRODUCTORY
- 1Title and commencement
- 2General interpretation
- Part 2: SENTENCING
- Chapter 1: INTERPRETATION
- 3Interpretation of this Part
- Chapter 2: CUSTODIAL SENTENCES
- 4Interpretation of this Chapter
- 5Restrictions on imposing certain custodial sentences
- 6Restrictions on imposing custodial sentences on persons not legally represented
- 7Length of custodial sentences
- 8Length of custodial period
- 9Procedural requirements for custodial sentences
- 10Additional requirements in the case of mentally disordered offenders
- 11Disclosure of pre-sentence reports
- Chapter 3: DANGEROUS OFFENDERS
- 12Meaning of “specified offence” etc.
- 13Life sentence or indeterminate custodial sentence for serious offences
- 14Extended custodial sentence for certain violent or sexual offences
- 15The assessment of dangerousness
- Chapter 4: RELEASE ON LICENCE
- Preliminary
- 16Interpretation of this Chapter
- Duty of Secretary of State to release on licence
- 17Duty to release certain fixed-term prisoners
- 18Duty to release prisoners serving indeterminate or extended custodial sentences
- Power of Secretary of State to release on licence
- 19Power to release prisoners on licence before required to do so
- 20Power to release certain prisoners on compassionate grounds
- Duration of licences
- 21Duration of licences: fixed-term prisoners
- 22Duration of licences: prisoners serving indeterminate custodial sentences
- Licence conditions
- 23Power of court to recommend licence conditions for sentences of 12 months or more
- 24Licence conditions
- 25Licence conditions on re-release of prisoners serving sentence of less than 12 months
- 26Curfew condition to be included in licence under Article 19
- 27Duty to comply with licence conditions
- Recall after release
- 28Recall of prisoners while on licence
- 29Further release after recall for certain fixed-term prisoners
- 30Recall of prisoners released early under Article 19
- 31Conviction while licence remains in force
- Concurrent or consecutive terms
- 32Concurrent terms
- 33Consecutive terms
- Licences for sexual offenders
- 34Breach of licensing for sexual offenders
- Chapter 5: CURFEWS AND ELECTRONIC MONITORING
- Powers to impose curfew or electronic monitoring requirements
- 35Powers to impose curfew or electronic monitoring requirements
- 36Power of court to impose curfew or electronic monitoring requirement on making juvenile justice centre order
- Curfews
- 37Curfew requirement
- 38Requirement to avoid conflict with religious beliefs, etc.
- Electronic monitoring
- 39Arrangements for establishing systems of electronic monitoring
- 40Electronic monitoring requirement
- 41Availability of electronic monitoring arrangements
- 42Provision of copies of electronic monitoring requirement
- Release of children on bail
- 43Release of child on bail: curfew and electronic monitoring requirements
- Rules
- 44Rules
- Chapter 6: SUPERVISED ACTIVITY ORDERS
- 45Supervised activity order for default in payment of certain fines
- Chapter 7: PAROLE COMMISSIONERS
- 46The Parole Commissioners
- Chapter 8: ENFORCEMENT OF CERTAIN ORDERS MADE ON CONVICTION
- 47Enforcement of certain community orders
- 48Enforcement of certain youth justice orders
- Part 3: RISK ASSESSMENT AND MANAGEMENT
- 49Interpretation of this Part
- 50Guidance to agencies on assessing and managing certain risks to the public
- 51Review of arrangements and report on functions
- Part 4: ROAD TRAFFIC OFFENCES
- New offences
- 52Causing death, or grievous bodily injury, by careless or inconsiderate driving
- 53Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers
- 54Speed assessment equipment detection devices
- Increase in penalties
- 55Driving without insurance
- 56Driving while disqualified
- 57Failure to stop vehicle
- 58Furious driving
- Drink-driving, etc.
- 59Power to require specimens of breath at roadside or at hospital
- 60Alcohol ignition interlocks
- 61Experimental period for Article 60
- Other provisions about offences
- 62Meaning of driving without due care and attention
- 63Extension of offence under Article 14 of the 1995 Order
- 64Alternative verdict on unsuccessful manslaughter prosecution
- Seizure of vehicles used in a manner causing alarm, distress or annoyance
- 65Seizure of vehicles used in a manner causing alarm, distress or annoyance
- 66Retention etc. of vehicles seized under Article 65
- Part 5: MISCELLANEOUS AND SUPPLEMENTARY
- Purchase and consumption of alcohol
- 67Test purchases of alcohol
- 68Alcohol consumption in designated public places
- 69Fixed penalty notice for offence under Article 68
- 70Designated public places
- 71Effect of Articles 68 and 70 on byelaws
- 72Interpretation of Articles 68 to 71
- Prisons
- 73Removal of requirement to appoint medical officers
- 74Abolition of right of justice of the peace to visit prisons
- 75Assisting a prisoner to escape
- 76Facilitating escape by conveying things into prison
- 77Conveyance of prohibited articles into or out of prison
- 78Other offences relating to prison security
- Live links
- 79Live links: introductory
- 80Use of live link at preliminary hearings
- 81Use of live link at sentencing hearings
- 82Evidence of vulnerable accused
- 83Live links in appeals under Criminal Appeal Act
- Legal aid
- 84Civil legal services: anti-social behaviour orders
- 85Civil legal services and legal aid: proceedings under Proceeds of Crime Act 2002
- PACE
- 86Entry for purposes of arrest
- 87Pre-charge bail
- 88Authorisation of X-rays and ultrasound scans
- 89Police officers performing duties of higher rank
- Penalties
- 90Increase of maximum sentences for offences relating to knives, weapons etc.
- 91Driving disqualification for any offence
- Proving execution of arrest warrants
- 92Jurisdiction of magistrates' court in relation to proving execution of arrest warrant
- Anti-social behaviour orders
- 93Applications for interim order
- 94Special measures for witnesses in proceedings for anti-social behaviour orders
- Youth justice
- 95Rehabilitation of offenders
- 96Custody of children over the age of 17
- 97Remands by youth court
- 98Youth conference orders
- 99Welfare of children
- Part 6: SUPPLEMENTARY
- 100Regulations, orders and rules
- 101Supplementary and consequential provision, etc.
- 102Amendments and repeals
- Signature
- Schedule 1: SERIOUS OFFENCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- The Offences against the Person Act 1861 (c. 100)
- 7Paragraph 7
- The Explosive Substances Act 1883 (c. 3)
- 8Paragraph 8
- The Criminal Law Amendment Act 1885 (c. 69)
- 9Paragraph 9
- The Infanticide Act (Northern Ireland) 1939 (c. 5
- 10Paragraph 10
- The Criminal Justice Act (Northern Ireland) 1945 (c. 15)
- 11Paragraph 11
- The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
- 12Paragraph 12
- The Theft Act (Northern Ireland) 1969 (c. 16)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
- 16Paragraph 16
- 17Paragraph 17
- The Protection of Children (Northern Ireland) Order 1978 (NI 17)
- 18Paragraph 18
- The Road Traffic (Northern Ireland) Order 1981 (NI 1)
- 19Paragraph 19
- The Taking of Hostages Act 1982 (c. 28)
- 20Paragraph 20
- The Aviation Security Act 1982 (c. 36)
- 21Paragraph 21
- The Criminal Justice Act 1988 (c. 33)
- 22Paragraph 22
- The Aviation and Maritime Security Act 1990 (c. 31)
- 23Paragraph 23
- The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
- 24Paragraph 24
- The Road Traffic (Northern Ireland) Order 1995 (NI 18)
- 25Paragraph 25
- The International Criminal Court Act 2001 (c. 17)
- 26Paragraph 26
- The Female Genital Mutilation Act 2003 (c. 31)
- 27Paragraph 27
- The Sexual Offences Act 2003 (c. 42)
- 28Paragraph 28
- The Criminal Justice (Northern Ireland) Order 2003 (NI 13)
- 29Paragraph 29
- The Domestic Violence, Crime and Victims Act 2004 (c. 28
- 30Paragraph 30
- The Firearms (Northern Ireland) Order 2004 (NI 3)
- 31Paragraph 31
- Other offences
- 32Paragraph 32
- 34Paragraph 34
- 35Paragraph 35
- Schedule 2: SPECIFIED OFFENCES
- Part 1: SPECIFIED VIOLENT OFFENCES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- The Offences against the Person Act 1861 (c. 100)
- 6Paragraph 6
- 7Paragraph 7
- The Explosive Substances Act 1883 (c. 3)
- 8Paragraph 8
- The Infanticide Act (Northern Ireland) 1939 (c. 5)
- 9Paragraph 9
- The Criminal Justice Act (Northern Ireland) 1945 (c. 15)
- 10Paragraph 10
- The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28)
- 11Paragraph 11
- The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
- 12Paragraph 12
- The Theft Act (Northern Ireland) 1969 (c. 16)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
- 16Paragraph 16
- 17Paragraph 17
- The Road Traffic (Northern Ireland) Order 1981 (NI 1)
- 18Paragraph 18
- The Taking of Hostages Act 1982 (c. 28)
- 19Paragraph 19
- The Aviation Security Act 1982 (c. 36)
- 20Paragraph 20
- The Mental Health (Northern Ireland) Order 1986 (NI 4)
- 21Paragraph 21
- The Criminal Justice Act 1988 (c. 33)
- 22Paragraph 22
- The Aviation and Maritime Security Act 1990 (c. 31)
- 23Paragraph 23
- The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
- 24Paragraph 24
- The Road Traffic (Northern Ireland) Order 1995 (NI 18)
- 25Paragraph 25
- The Protection from Harassment (Northern Ireland) Order 1997 (NI 9)
- 26Paragraph 26
- The Police (Northern Ireland) Act 1998 (c. 32
- 27Paragraph 27
- The International Criminal Court Act 2001 (c. 17)
- 28Paragraph 28
- The Female Genital Mutilation Act 2003 (c. 31)
- 29Paragraph 29
- The Domestic Violence, Crime and Victims Act 2004 (c. 28)
- 30Paragraph 30
- The Firearms (Northern Ireland) Order 2004 (NI 3)
- 31Paragraph 31
- Other offences
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Part 2: SPECIFIED SEXUAL OFFENCES
- 1Paragraph 1
- The Offences against the Person Act 1861 (c. 100)
- 2Paragraph 2
- The Criminal Law Amendment Act 1885 (c. 69)
- 3Paragraph 3
- The Vagrancy Act 1898 (c. 38)
- 4Paragraph 4
- The Punishment of Incest Act 1908 (c. 45)
- 5Paragraph 5
- The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
- 6Paragraph 6
- The Theft Act (Northern Ireland) 1969 (c. 16)
- 7Paragraph 7
- The Protection of Children (Northern Ireland) Order 1978 (NI 17)
- 8Paragraph 8
- The Customs and Excise Management Act 1979 (c. 2)
- 9Paragraph 9
- The Criminal Justice (Northern Ireland) Order 1980 (NI 6)
- 10Paragraph 10
- The Mental Health (Northern Ireland) Order 1986 (NI 4
- 11Paragraph 11
- The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)
- 12Paragraph 12
- The Sexual Offences Act 2003 (c. 42)
- 13Paragraph 13
- The Criminal Justice (Northern Ireland) Order 2003 (NI 13)
- 14Paragraph 14
- Other offences
- 15Paragraph 15
- 16Paragraph 16
- Schedule 3: SUPERVISED ACTIVITY ORDERS: FURTHER PROVISIONS
- Restrictions on power to make order
- 1Paragraph 1
- Making of order
- 2Paragraph 2
- Coming into force of order
- 3Paragraph 3
- Requirements of order
- 4Paragraph 4
- Failure to comply with order
- 5Paragraph 5
- Amendment, extension or revocation of order
- 6Paragraph 6
- Rules
- 7Paragraph 7
- Interpretation
- 8Paragraph 8
- Schedule 4: THE PAROLE COMMISSIONERS
- Appointment
- 1Paragraph 1
- Tenure
- 2Paragraph 2
- 3Paragraph 3
- Rules
- 4Paragraph 4
- Remuneration and allowances
- 5Paragraph 5
- Staff, premises, etc.
- 6Paragraph 6
- Annual report
- 7Paragraph 7
- Schedule 5: AMENDMENTS
- The Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)
- 1Paragraph 1
- The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 2Paragraph 2
- The Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27
- 3Paragraph 3
- The Repatriation of Prisoners Act 1984 (c. 47)
- 4Paragraph 4
- The Mental Health (Northern Ireland) Order 1986 (NI 4)
- 5Paragraph 5
- The Criminal Justice Act 1988 (c. 33)
- 6Paragraph 6
- The Criminal Justice (Northern Ireland) Order 1996 (NI 24)
- 7Paragraph 7
- The Life Sentences (Northern Ireland) Order 2001 (NI 2)
- 8Paragraph 8
- The Justice (Northern Ireland) Act 2002 (c. 26
- 9Paragraph 9
- The Sexual Offences Act 2003 (c. 42)
- 10Paragraph 10
- The Access to Justice (Northern Ireland) Order 2003 (NI 10)
- 11Paragraph 11
- Schedule 6: REPEALS
- 1SENTENCING
- 2REPEALS COMING INTO OPERATION IN ACCORDANCE WITH ARTICLE 1(3)
- 3PRISONS
- 4LIVE LINKS
- Explanatory note