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The Criminal Justice (Northern Ireland) Order 2008

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2008, ISBN 9780110800875

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.

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

(a)

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;

(b)

the Secretary of State referred the document to the Northern Ireland Assembly for its consideration;

(c)

the period referred to in subsection (4)(c) of that section has ended; and

(d)

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

  1. Part 1: INTRODUCTORY
  2. 1Title and commencement
  3. 2General interpretation
  4. Part 2: SENTENCING
  5. Chapter 1: INTERPRETATION
  6. 3Interpretation of this Part
  7. Chapter 2: CUSTODIAL SENTENCES
  8. 4Interpretation of this Chapter
  9. 5Restrictions on imposing certain custodial sentences
  10. 6Restrictions on imposing custodial sentences on persons not legally represented
  11. 7Length of custodial sentences
  12. 8Length of custodial period
  13. 9Procedural requirements for custodial sentences
  14. 10Additional requirements in the case of mentally disordered offenders
  15. 11Disclosure of pre-sentence reports
  16. Chapter 3: DANGEROUS OFFENDERS
  17. 12Meaning of “specified offence” etc.
  18. 13Life sentence or indeterminate custodial sentence for serious offences
  19. 14Extended custodial sentence for certain violent or sexual offences
  20. 15The assessment of dangerousness
  21. Chapter 4: RELEASE ON LICENCE
  22. Preliminary
  23. 16Interpretation of this Chapter
  24. Duty of Secretary of State to release on licence
  25. 17Duty to release certain fixed-term prisoners
  26. 18Duty to release prisoners serving indeterminate or extended custodial sentences
  27. Power of Secretary of State to release on licence
  28. 19Power to release prisoners on licence before required to do so
  29. 20Power to release certain prisoners on compassionate grounds
  30. Duration of licences
  31. 21Duration of licences: fixed-term prisoners
  32. 22Duration of licences: prisoners serving indeterminate custodial sentences
  33. Licence conditions
  34. 23Power of court to recommend licence conditions for sentences of 12 months or more
  35. 24Licence conditions
  36. 25Licence conditions on re-release of prisoners serving sentence of less than 12 months
  37. 26Curfew condition to be included in licence under Article 19
  38. 27Duty to comply with licence conditions
  39. Recall after release
  40. 28Recall of prisoners while on licence
  41. 29Further release after recall for certain fixed-term prisoners
  42. 30Recall of prisoners released early under Article 19
  43. 31Conviction while licence remains in force
  44. Concurrent or consecutive terms
  45. 32Concurrent terms
  46. 33Consecutive terms
  47. Licences for sexual offenders
  48. 34Breach of licensing for sexual offenders
  49. Chapter 5: CURFEWS AND ELECTRONIC MONITORING
  50. Powers to impose curfew or electronic monitoring requirements
  51. 35Powers to impose curfew or electronic monitoring requirements
  52. 36Power of court to impose curfew or electronic monitoring requirement on making juvenile justice centre order
  53. Curfews
  54. 37Curfew requirement
  55. 38Requirement to avoid conflict with religious beliefs, etc.
  56. Electronic monitoring
  57. 39Arrangements for establishing systems of electronic monitoring
  58. 40Electronic monitoring requirement
  59. 41Availability of electronic monitoring arrangements
  60. 42Provision of copies of electronic monitoring requirement
  61. Release of children on bail
  62. 43Release of child on bail: curfew and electronic monitoring requirements
  63. Rules
  64. 44Rules
  65. Chapter 6: SUPERVISED ACTIVITY ORDERS
  66. 45Supervised activity order for default in payment of certain fines
  67. Chapter 7: PAROLE COMMISSIONERS
  68. 46The Parole Commissioners
  69. Chapter 8: ENFORCEMENT OF CERTAIN ORDERS MADE ON CONVICTION
  70. 47Enforcement of certain community orders
  71. 48Enforcement of certain youth justice orders
  72. Part 3: RISK ASSESSMENT AND MANAGEMENT
  73. 49Interpretation of this Part
  74. 50Guidance to agencies on assessing and managing certain risks to the public
  75. 51Review of arrangements and report on functions
  76. Part 4: ROAD TRAFFIC OFFENCES
  77. New offences
  78. 52Causing death, or grievous bodily injury, by careless or inconsiderate driving
  79. 53Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers
  80. 54Speed assessment equipment detection devices
  81. Increase in penalties
  82. 55Driving without insurance
  83. 56Driving while disqualified
  84. 57Failure to stop vehicle
  85. 58Furious driving
  86. Drink-driving, etc.
  87. 59Power to require specimens of breath at roadside or at hospital
  88. 60Alcohol ignition interlocks
  89. 61Experimental period for Article 60
  90. Other provisions about offences
  91. 62Meaning of driving without due care and attention
  92. 63Extension of offence under Article 14 of the 1995 Order
  93. 64Alternative verdict on unsuccessful manslaughter prosecution
  94. Seizure of vehicles used in a manner causing alarm, distress or annoyance
  95. 65Seizure of vehicles used in a manner causing alarm, distress or annoyance
  96. 66Retention etc. of vehicles seized under Article 65
  97. Part 5: MISCELLANEOUS AND SUPPLEMENTARY
  98. Purchase and consumption of alcohol
  99. 67Test purchases of alcohol
  100. 68Alcohol consumption in designated public places
  101. 69Fixed penalty notice for offence under Article 68
  102. 70Designated public places
  103. 71Effect of Articles 68 and 70 on byelaws
  104. 72Interpretation of Articles 68 to 71
  105. Prisons
  106. 73Removal of requirement to appoint medical officers
  107. 74Abolition of right of justice of the peace to visit prisons
  108. 75Assisting a prisoner to escape
  109. 76Facilitating escape by conveying things into prison
  110. 77Conveyance of prohibited articles into or out of prison
  111. 78Other offences relating to prison security
  112. Live links
  113. 79Live links: introductory
  114. 80Use of live link at preliminary hearings
  115. 81Use of live link at sentencing hearings
  116. 82Evidence of vulnerable accused
  117. 83Live links in appeals under Criminal Appeal Act
  118. Legal aid
  119. 84Civil legal services: anti-social behaviour orders
  120. 85Civil legal services and legal aid: proceedings under Proceeds of Crime Act 2002
  121. PACE
  122. 86Entry for purposes of arrest
  123. 87Pre-charge bail
  124. 88Authorisation of X-rays and ultrasound scans
  125. 89Police officers performing duties of higher rank
  126. Penalties
  127. 90Increase of maximum sentences for offences relating to knives, weapons etc.
  128. 91Driving disqualification for any offence
  129. Proving execution of arrest warrants
  130. 92Jurisdiction of magistrates' court in relation to proving execution of arrest warrant
  131. Anti-social behaviour orders
  132. 93Applications for interim order
  133. 94Special measures for witnesses in proceedings for anti-social behaviour orders
  134. Youth justice
  135. 95Rehabilitation of offenders
  136. 96Custody of children over the age of 17
  137. 97Remands by youth court
  138. 98Youth conference orders
  139. 99Welfare of children
  140. Part 6: SUPPLEMENTARY
  141. 100Regulations, orders and rules
  142. 101Supplementary and consequential provision, etc.
  143. 102Amendments and repeals
  144. Signature
  145. Schedule 1: SERIOUS OFFENCES
  146. 1Paragraph 1
  147. 2Paragraph 2
  148. 3Paragraph 3
  149. 4Paragraph 4
  150. 5Paragraph 5
  151. 6Paragraph 6
  152. The Offences against the Person Act 1861 (c. 100)
  153. 7Paragraph 7
  154. The Explosive Substances Act 1883 (c. 3)
  155. 8Paragraph 8
  156. The Criminal Law Amendment Act 1885 (c. 69)
  157. 9Paragraph 9
  158. The Infanticide Act (Northern Ireland) 1939 (c. 5
  159. 10Paragraph 10
  160. The Criminal Justice Act (Northern Ireland) 1945 (c. 15)
  161. 11Paragraph 11
  162. The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
  163. 12Paragraph 12
  164. The Theft Act (Northern Ireland) 1969 (c. 16)
  165. 13Paragraph 13
  166. 14Paragraph 14
  167. 15Paragraph 15
  168. The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
  169. 16Paragraph 16
  170. 17Paragraph 17
  171. The Protection of Children (Northern Ireland) Order 1978 (NI 17)
  172. 18Paragraph 18
  173. The Road Traffic (Northern Ireland) Order 1981 (NI 1)
  174. 19Paragraph 19
  175. The Taking of Hostages Act 1982 (c. 28)
  176. 20Paragraph 20
  177. The Aviation Security Act 1982 (c. 36)
  178. 21Paragraph 21
  179. The Criminal Justice Act 1988 (c. 33)
  180. 22Paragraph 22
  181. The Aviation and Maritime Security Act 1990 (c. 31)
  182. 23Paragraph 23
  183. The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
  184. 24Paragraph 24
  185. The Road Traffic (Northern Ireland) Order 1995 (NI 18)
  186. 25Paragraph 25
  187. The International Criminal Court Act 2001 (c. 17)
  188. 26Paragraph 26
  189. The Female Genital Mutilation Act 2003 (c. 31)
  190. 27Paragraph 27
  191. The Sexual Offences Act 2003 (c. 42)
  192. 28Paragraph 28
  193. The Criminal Justice (Northern Ireland) Order 2003 (NI 13)
  194. 29Paragraph 29
  195. The Domestic Violence, Crime and Victims Act 2004 (c. 28
  196. 30Paragraph 30
  197. The Firearms (Northern Ireland) Order 2004 (NI 3)
  198. 31Paragraph 31
  199. Other offences
  200. 32Paragraph 32
  201. 34Paragraph 34
  202. 35Paragraph 35
  203. Schedule 2: SPECIFIED OFFENCES
  204. Part 1: SPECIFIED VIOLENT OFFENCES
  205. 1Paragraph 1
  206. 2Paragraph 2
  207. 3Paragraph 3
  208. 4Paragraph 4
  209. 5Paragraph 5
  210. The Offences against the Person Act 1861 (c. 100)
  211. 6Paragraph 6
  212. 7Paragraph 7
  213. The Explosive Substances Act 1883 (c. 3)
  214. 8Paragraph 8
  215. The Infanticide Act (Northern Ireland) 1939 (c. 5)
  216. 9Paragraph 9
  217. The Criminal Justice Act (Northern Ireland) 1945 (c. 15)
  218. 10Paragraph 10
  219. The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28)
  220. 11Paragraph 11
  221. The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
  222. 12Paragraph 12
  223. The Theft Act (Northern Ireland) 1969 (c. 16)
  224. 13Paragraph 13
  225. 14Paragraph 14
  226. 15Paragraph 15
  227. The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
  228. 16Paragraph 16
  229. 17Paragraph 17
  230. The Road Traffic (Northern Ireland) Order 1981 (NI 1)
  231. 18Paragraph 18
  232. The Taking of Hostages Act 1982 (c. 28)
  233. 19Paragraph 19
  234. The Aviation Security Act 1982 (c. 36)
  235. 20Paragraph 20
  236. The Mental Health (Northern Ireland) Order 1986 (NI 4)
  237. 21Paragraph 21
  238. The Criminal Justice Act 1988 (c. 33)
  239. 22Paragraph 22
  240. The Aviation and Maritime Security Act 1990 (c. 31)
  241. 23Paragraph 23
  242. The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
  243. 24Paragraph 24
  244. The Road Traffic (Northern Ireland) Order 1995 (NI 18)
  245. 25Paragraph 25
  246. The Protection from Harassment (Northern Ireland) Order 1997 (NI 9)
  247. 26Paragraph 26
  248. The Police (Northern Ireland) Act 1998 (c. 32
  249. 27Paragraph 27
  250. The International Criminal Court Act 2001 (c. 17)
  251. 28Paragraph 28
  252. The Female Genital Mutilation Act 2003 (c. 31)
  253. 29Paragraph 29
  254. The Domestic Violence, Crime and Victims Act 2004 (c. 28)
  255. 30Paragraph 30
  256. The Firearms (Northern Ireland) Order 2004 (NI 3)
  257. 31Paragraph 31
  258. Other offences
  259. 32Paragraph 32
  260. 33Paragraph 33
  261. 34Paragraph 34
  262. Part 2: SPECIFIED SEXUAL OFFENCES
  263. 1Paragraph 1
  264. The Offences against the Person Act 1861 (c. 100)
  265. 2Paragraph 2
  266. The Criminal Law Amendment Act 1885 (c. 69)
  267. 3Paragraph 3
  268. The Vagrancy Act 1898 (c. 38)
  269. 4Paragraph 4
  270. The Punishment of Incest Act 1908 (c. 45)
  271. 5Paragraph 5
  272. The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
  273. 6Paragraph 6
  274. The Theft Act (Northern Ireland) 1969 (c. 16)
  275. 7Paragraph 7
  276. The Protection of Children (Northern Ireland) Order 1978 (NI 17)
  277. 8Paragraph 8
  278. The Customs and Excise Management Act 1979 (c. 2)
  279. 9Paragraph 9
  280. The Criminal Justice (Northern Ireland) Order 1980 (NI 6)
  281. 10Paragraph 10
  282. The Mental Health (Northern Ireland) Order 1986 (NI 4
  283. 11Paragraph 11
  284. The Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (NI 17)
  285. 12Paragraph 12
  286. The Sexual Offences Act 2003 (c. 42)
  287. 13Paragraph 13
  288. The Criminal Justice (Northern Ireland) Order 2003 (NI 13)
  289. 14Paragraph 14
  290. Other offences
  291. 15Paragraph 15
  292. 16Paragraph 16
  293. Schedule 3: SUPERVISED ACTIVITY ORDERS: FURTHER PROVISIONS
  294. Restrictions on power to make order
  295. 1Paragraph 1
  296. Making of order
  297. 2Paragraph 2
  298. Coming into force of order
  299. 3Paragraph 3
  300. Requirements of order
  301. 4Paragraph 4
  302. Failure to comply with order
  303. 5Paragraph 5
  304. Amendment, extension or revocation of order
  305. 6Paragraph 6
  306. Rules
  307. 7Paragraph 7
  308. Interpretation
  309. 8Paragraph 8
  310. Schedule 4: THE PAROLE COMMISSIONERS
  311. Appointment
  312. 1Paragraph 1
  313. Tenure
  314. 2Paragraph 2
  315. 3Paragraph 3
  316. Rules
  317. 4Paragraph 4
  318. Remuneration and allowances
  319. 5Paragraph 5
  320. Staff, premises, etc.
  321. 6Paragraph 6
  322. Annual report
  323. 7Paragraph 7
  324. Schedule 5: AMENDMENTS
  325. The Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)
  326. 1Paragraph 1
  327. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
  328. 2Paragraph 2
  329. The Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27
  330. 3Paragraph 3
  331. The Repatriation of Prisoners Act 1984 (c. 47)
  332. 4Paragraph 4
  333. The Mental Health (Northern Ireland) Order 1986 (NI 4)
  334. 5Paragraph 5
  335. The Criminal Justice Act 1988 (c. 33)
  336. 6Paragraph 6
  337. The Criminal Justice (Northern Ireland) Order 1996 (NI 24)
  338. 7Paragraph 7
  339. The Life Sentences (Northern Ireland) Order 2001 (NI 2)
  340. 8Paragraph 8
  341. The Justice (Northern Ireland) Act 2002 (c. 26
  342. 9Paragraph 9
  343. The Sexual Offences Act 2003 (c. 42)
  344. 10Paragraph 10
  345. The Access to Justice (Northern Ireland) Order 2003 (NI 10)
  346. 11Paragraph 11
  347. Schedule 6: REPEALS
  348. 1SENTENCING
  349. 2REPEALS COMING INTO OPERATION IN ACCORDANCE WITH ARTICLE 1(3)
  350. 3PRISONS
  351. 4LIVE LINKS
  352. Explanatory note