Article 2 Amendment of the 1978 Order
Article 6 of the 1978 Order is amended as follows.
In paragraph (1)(b) for “thirty months” substitute “10 years”.
In paragraph (1)(d) for “thirty months” substitute “10 years”.
In Table A—
For the row relating to a sentence of imprisonment or corrective training for a term exceeding six months but not exceeding thirty months substitute —
“
A sentence of imprisonment of more than 4 years and up to, or consisting of 10 years The end of the period of 7 years beginning with the day on which the sentence (including and licence period) is completed A sentence of imprisonment of more than 1 year and up to, or consisting of, 4 years The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed A sentence of imprisonment of 1 year or less The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed ”
Omit the row relating to sentence of imprisonment for a term not exceeding six months, and
In the row relating to a fine or any other sentence subject to rehabilitation under this Order, not being a sentence to which Table B or any of paragraphs (3) to (8) applies, for the words “Five years” substitute “The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed”
In Table B —
For the row relating to a sentence of Borstal training substitute —
“
A sentence of detention for a term of more than 4 years and up to, or consisting of, 10 years passed under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed A sentence of detention for a term of more than 1 year and up to, or consisting of, 4 years passed under Article 45 of that Order The end of the period of 2 years beginning with the day on which the sentence (including any licence period) is completed A sentence of detention for a term of more than 1 year and up to, or consisting of, 2 years passed under Article 39 of that Order The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed A sentence of detention for a term of 1 year or less passed under Article 39 or Article 45 of that Order The end of the period of 6 months beginning with the day on which the sentence (including any licence period) is completed ”
In the row relating to a sentence of detention for a term exceeding six months but not exceeding thirty months, omit the words “Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 or under”, and
In the row relating to a sentence of detention for a term not exceeding six months, omit the words “that Article 45 or”.
For paragraph (3) substitute—
“(3)There is no rehabilitation period for an order discharging a person absolutely for an offence”
In paragraph (4) —
for the words “one year from the date of conviction or a period beginning with that date” substitute “a period beginning with the date of conviction”, and
omit “, whichever is the longer”.
In paragraph (6) for the words “one year after the date on which” substitute “when”.
For paragraph (8) substitute—
“(8)Where in respect of a conviction an order was made which imposes on a person convicted of any disqualification, disability, prohibition, penalty, requirement, restriction or is otherwise intended to regulate the behaviour of the person convicted, the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction in respect of which the order for any disqualification, disability, prohibition, penalty, requirement, restriction or is otherwise intended to regulate the behaviour of the person convicted (as the case may be) is imposed and ending when the order ceases or ceased to have effect”.