The Criminal Justice (Northern Ireland) Order 2008
2008/1216 · Made 7 May 2008 · Extends to Northern Ireland
NORTHERN IRELAND
Made 7th May 2008 C1
Coming into operation in accordance with Article 1(2) to (4)
At the Court at Buckingham Palace, the 7th day of May 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:–
Annotations to the whole text
Modifications
- C1
Order: functions of Secretary of State transferred to Department of Justice (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 4(1)(2), Sch. 1 (with arts. 28-31); S.I. 2010/977, art. 1(2)
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 and certain other offenders
- 12Meaning of “specified offence” etc.
- 13Life sentence or indeterminate custodial sentence for serious offences
- 13ASerious terrorism sentence
- 14Extended custodial sentence for certain violent or sexual offences
- 15The assessment of dangerousness
- 15A... sentence with fixed licence period
- Chapter 4: RELEASE ON LICENCE
- Preliminary
- 16Interpretation of this Chapter
- Duty . . . to release on licence
- 17Duty to release certain fixed-term prisoners
- 18Duty to release prisoners serving indeterminate or extended custodial sentences
- Power ... to release on licence
- 19Power to release prisoners on licence before required to do so
- 20Power to release certain prisoners on compassionate grounds
- Terrorist prisoners and other prisoners serving an Article 15A sentence
- 20ARestricted eligibility for release on licence of terrorist prisoners and other prisoners serving an Article 15A sentence
- 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 Not yet in force
- 26Curfew condition to be included in licence under Article 19
- 27Duty to comply with licence conditions
- 27ALicence conditions: national security
- 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 sums
- 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 Not yet in force
- 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 Not yet in force
- 61Experimental period for Article 60 Not yet in force
- 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 Not yet in force
- 69Fixed penalty notice for offence under Article 68 Not yet in force
- 70Designated public places Not yet in force
- 71Effect of Articles 68 and 70 on byelaws Not yet in force
- 72Interpretation of Articles 68 to 71 Not yet in force
- 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
- 91AExtension of disqualification where custodial sentence also imposed Not yet in force
- 91BEffect of custodial sentence in other cases Not yet in force
- Proving execution of arrest warrants
- 92Jurisdiction of magistrates' court in relation to proving execution of arrest warrant Repealed
- 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
- Part: The Offences against the Person Act 1861 (c. 100)
- 7Paragraph 7
- Part: The Explosive Substances Act 1883 (c. 3)
- 8Paragraph 8
- Part: The Criminal Law Amendment Act 1885 (c. 69)
- 9Paragraph 9
- Part: The Infanticide Act (Northern Ireland) 1939 (c. 5
- 10Paragraph 10
- Part: The Criminal Justice Act (Northern Ireland) 1945 (c. 15)
- 11Paragraph 11
- Part: The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
- 12Paragraph 12
- Part: The Theft Act (Northern Ireland) 1969 (c. 16)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- The Criminal Jurisdiction Act 1975 (c. 59)
- 15AParagraph 15A
- Part: The Criminal Damage (Northern Ireland) Order 1977 (NI 4)
- 16Paragraph 16
- 17Paragraph 17
- Part: The Protection of Children (Northern Ireland) Order 1978 (NI 17)
- 18Paragraph 18
- Part: The Road Traffic (Northern Ireland) Order 1981 (NI 1)
- 19Paragraph 19
- Part: The Taking of Hostages Act 1982 (c. 28)
- 20Paragraph 20
- Part: The Aviation Security Act 1982 (c. 36)
- 21Paragraph 21
- Part: The Criminal Justice Act 1988 (c. 33)
- 22Paragraph 22
- Part: The Aviation and Maritime Security Act 1990 (c. 31)
- 23Paragraph 23
- Part: The Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
- 24Paragraph 24
- Part: The Road Traffic (Northern Ireland) Order 1995 (NI 18)
- 25Paragraph 25
- The Terrorism Act 2000 (c. 11)
- 25AParagraph 25A
- Part: The International Criminal Court Act 2001 (c. 17)
- 26Paragraph 26
- The Anti-terrorism, Crime and Security Act 2001 (c. 24)
- 26AParagraph 26A
- Part: The Female Genital Mutilation Act 2003 (c. 31)
- 27Paragraph 27
- Part: The Sexual Offences Act 2003 (c. 42)
- 28Paragraph 28
- Part: The Criminal Justice (Northern Ireland) Order 2003 (NI 13)
- 29Paragraph 29
- Part: The Domestic Violence, Crime and Victims Act 2004 (c. 28
- 30Paragraph 30
- Part: The Firearms (Northern Ireland) Order 2004 (NI 3)
- 31Paragraph 31
- The Terrorism Act 2006 (c. 11)
- 31ZAParagraph 31ZA
- Part: The Sexual Offences (Northern Ireland) Order 2008 (NI 2)
- 31AParagraph 31A
- 31AThe Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
- Part: The Space Industry Act 2018 (c. 00)
- 31BParagraph 31B
- Part: 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 Jurisdiction Act 1975 (c. 59)
- 15AParagraph 15A
- 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 Terrorism Act 2000 (c. 11)
- 27AParagraph 27A Repealed
- The International Criminal Court Act 2001 (c. 17)
- 28Paragraph 28
- The Anti-terrorism, Crime and Security Act 2001 (c. 24)
- 28AParagraph 28A Repealed
- 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
- The Terrorism Act 2006 (c. 11)
- 31AParagraph 31A Repealed
- The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
- 31AParagraph 31A
- The Space Industry Act 2018 (c. 00)
- 31BParagraph 31B
- The Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022
- 31CParagraph 31C
- 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
- The Sexual Offences (Northern Ireland) Order 2008 (NI 2)
- 14AParagraph 14A
- The Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015
- 14AParagraph 14A
- Other offences
- 15Paragraph 15
- 16Paragraph 16
- Part 3: Specified terrorism offences
- 1The Terrorism Act 2000 (c. 11)
- 2The Anti-terrorism, Crime and Security Act 2001 (c. 24)
- 3The Terrorism Act 2006 (c. 11)
- 4Other offences
- 5Paragraph 5
- Schedule 2A: Offences specified for various purposes of this Order relating to terrorism
- Part 1: Introduction
- 1Paragraph 1
- Part 2: Terrorism offences in Northern Ireland punishable with imprisonment for life
- 2Paragraph 2
- 3Paragraph 3
- Part 3: Other offences in Northern Ireland punishable with imprisonment for life
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Part 4: Terrorism offences in Northern Ireland punishable with imprisonment for more than two years (but not life)
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Part 5: Terrorism offences only in other parts of the United Kingdom punishable with imprisonment for life
- 35Paragraph 35
- Part 6: Other offences only in other parts of the United Kingdom punishable with imprisonment for life
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- Part 7: Terrorism offences only in other parts of the United Kingdom punishable with imprisonment for more than two years (but not life)
- 55Paragraph 55
- Schedule 2B: Offences involving or connected with a threat to national security specified for the purposes of Article 15A
- 1Official Secrets Act 1911
- 2Official Secrets Act 1920
- 3National Security Act 2023
- 4Certain electoral offences where foreign power or designated body condition met
- 5Ancillary offences
- 6Certain other offences where foreign power or designated body condition met
- Schedule 3: SUPERVISED ACTIVITY ORDERS: FURTHER PROVISIONS
- Part: Restrictions on power to make order
- 1Paragraph 1
- Part: Making of order
- 2Paragraph 2
- Part: ...
- 3Paragraph 3
- Part: Requirements of order
- 4Paragraph 4
- Part: Failure to comply with order
- 5Paragraph 5
- Part: Amendment, extension or revocation of order
- 6Paragraph 6
- Part: Rules
- 7Paragraph 7
- Part: Interpretation
- 8Paragraph 8
- Schedule 4: THE PAROLE COMMISSIONERS
- Part: Appointment
- 1Paragraph 1
- Part: Tenure
- 2Paragraph 2
- 3Paragraph 3
- Part: Rules
- 4Paragraph 4
- 4AParagraph 4A
- Part: Remuneration and allowances
- 5Paragraph 5
- Part: Staff, premises, etc.
- 6Paragraph 6
- Part: Annual report
- 7Paragraph 7
- Schedule 5: AMENDMENTS
- Part: The Treatment of Offenders Act (Northern Ireland) 1968 (c. 29)
- 1Paragraph 1
- Part: The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 2Paragraph 2
- Part: The Rehabilitation of Offenders (Northern Ireland) Order 1978 (NI 27
- 3Paragraph 3
- Part: The Repatriation of Prisoners Act 1984 (c. 47)
- 4Paragraph 4
- Part: The Mental Health (Northern Ireland) Order 1986 (NI 4)
- 5Paragraph 5
- Part: The Criminal Justice Act 1988 (c. 33)
- 6Paragraph 6
- Part: The Criminal Justice (Northern Ireland) Order 1996 (NI 24)
- 7Paragraph 7
- Part: The Life Sentences (Northern Ireland) Order 2001 (NI 2)
- 8Paragraph 8
- Part: The Justice (Northern Ireland) Act 2002 (c. 26
- 9Paragraph 9
- Part: The Sexual Offences Act 2003 (c. 42)
- 10Paragraph 10
- Part: 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