OpenLegislation

Rule 122 Suspended sentences to be dealt with only in petty sessions

Northern Ireland

(1)

Where during the operational period of a suspended sentence imposed under the Treatment of Offenders Act (Northern Ireland) 1968f1 the offender upon whom such sentence was passed appears before a justice of the peace (other than a resident magistrate) sitting out of petty sessions charged with an offence under any of the following enactments—

(a)

section 4 of the Vagrancy Act 1824f2;

(b)

section 3 of the Vagrancy (Ireland) Act 1847f3;

(c)

Article 10(2) of the Criminal Justice (Northern Ireland) Order 1980f4 (where the offence is punishable by imprisonment);

(d)

section 9 of the Summary Jurisdiction (Ireland) Act 1908f5; or

(e)

section 24 of the Children and Young Persons Act (Northern Ireland) 1968;

the justice shall remand him for appearance before a court of summary jurisdiction F1....

(2)

Where a court of summary jurisdiction deals with an offender in respect of a suspended sentence imposed by a magistrates’ court otherwise than by making an order under section 19(1)(a) of the Treatment of Offenders Act (Northern Ireland) 1968 the court shall cause to be entered in the Order Book its reasons for its opinion that it would be unjust to make such order.

(3)

Where under section 19(1)(c) of the said Act of 1968 the court varies the original order of a magistrates’ court by substituting another period for the original operational period of a suspended sentence, the court shall explain to the offender in ordinary language the effect of the variation and his liability thereunder.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Where an offender is dealt with by any of the methods specified in paragraphs (a), (b), (c) and (d) of section 19(1) of the said Act of 1968, the clerk of petty sessions F3... shall enter a note of the particulars of the method by which the offender has been dealt with opposite the entry in the Order Book made at the time the suspended sentence was passed.

Annotations

Textual amendments

F1

Words in rule 122(1) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(21)(a); S.R. 2016/387, art. 2(a)

F2

Rule 122(4) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(21)(b); S.R. 2016/387, art. 2(a)

F3

Words in rule 122(5) omitted (31.10.2016) by virtue of The Magistrates’ Courts (Amendment No. 2) Rules (Northern Ireland) 2016 (S.R. 2016/304), rules 1, 3(21)(c); S.R. 2016/387, art. 2(a)

Footnotes

f1

1968 c. 29 (N.I.)

f2

5 Geo. 4 c. 83

f3

10 & 11 Vict. c. 84

f4

S.I. 1980/704 (N.I. 6)

f5

8 Edw. 7 c. 24