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Statutory Instruments

2008 No. 1216 (N.I. 1)

NORTHERN IRELAND

The Criminal Justice (Northern Ireland) Order 2008

Made

7th May 2008

Coming into operation in accordance with Article 1(2) to (4)

ARRANGEMENT OF ORDER

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Title and commencement

    2. 2. General interpretation

  2. PART 2

    SENTENCING

    1. CHAPTER 1

      INTERPRETATION

      1. 3. Interpretation of this Part

    2. CHAPTER 2

      CUSTODIAL SENTENCES

      1. 4. Interpretation of this Chapter

      2. 5. Restrictions on imposing certain custodial sentences

      3. 6. Restrictions on imposing custodial sentences on persons not legally represented

      4. 7. Length of custodial sentences

      5. 8. Length of custodial period

      6. 9. Procedural requirements for custodial sentences

      7. 10. Additional requirements in the case of mentally disordered offenders

      8. 11. Disclosure of pre-sentence reports

    3. CHAPTER 3

      DANGEROUS OFFENDERS

      1. 12. Meaning of “specified offence” etc.

      2. 13. Life sentence or indeterminate custodial sentence for serious offences

      3. 14. Extended custodial sentence for certain violent or sexual offences

      4. 15. The assessment of dangerousness

    4. CHAPTER 4

      RELEASE ON LICENCE

      1. Preliminary

        1. 16. Interpretation of this Chapter

      2. Duty of Secretary of State to release on licence

        1. 17. Duty to release certain fixed-term prisoners

        2. 18. Duty to release prisoners serving indeterminate or extended custodial sentences

      3. Power of Secretary of State to release on licence

        1. 19. Power to release prisoners on licence before required to do so

        2. 20. Power to release certain prisoners on compassionate grounds

      4. Duration of licences

        1. 21. Duration of licences: fixed-term prisoners

        2. 22. Duration of licences: prisoners serving indeterminate custodial sentences

      5. Licence conditions

        1. 23. Power of court to recommend licence conditions for sentences of 12 months or more

        2. 24. Licence conditions

        3. 25. Licence conditions on re-release of prisoners serving sentence of less than 12 months

        4. 26. Curfew condition to be included in licence under Article 19

        5. 27. Duty to comply with licence conditions

      6. Recall after release

        1. 28. Recall of prisoners while on licence

        2. 29. Further release after recall for certain fixed-term prisoners

        3. 30. Recall of prisoners released early under Article 19

        4. 31. Conviction while licence remains in force

      7. Concurrent or consecutive terms

        1. 32. Concurrent terms

        2. 33. Consecutive terms

      8. Licences for sexual offenders

        1. 34. Breach of licensing for sexual offenders

    5. CHAPTER 5

      CURFEWS AND ELECTRONIC MONITORING

      1. Powers to impose curfew or electronic monitoring requirements

        1. 35. Powers to impose curfew or electronic monitoring requirements

        2. 36. Power of court to impose curfew or electronic monitoring requirement on making juvenile justice centre order

      2. Curfews

        1. 37. Curfew requirement

        2. 38. Requirement to avoid conflict with religious beliefs, etc.

      3. Electronic monitoring

        1. 39. Arrangements for establishing systems of electronic monitoring

        2. 40. Electronic monitoring requirement

        3. 41. Availability of electronic monitoring arrangements

        4. 42. Provision of copies of electronic monitoring requirement

      4. Release of children on bail

        1. 43. Release of child on bail: curfew and electronic monitoring requirements

      5. Rules

        1. 44. Rules

    6. CHAPTER 6

      SUPERVISED ACTIVITY ORDERS

      1. 45. Supervised activity order for default in payment of certain fines

    7. CHAPTER 7

      PAROLE COMMISSIONERS

      1. 46. The Parole Commissioners

    8. CHAPTER 8

      ENFORCEMENT OF CERTAIN ORDERS MADE ON CONVICTION

      1. 47. Enforcement of certain community orders

      2. 48. Enforcement of certain youth justice orders

  3. PART 3

    RISK ASSESSMENT AND MANAGEMENT

    1. 49. Interpretation of this Part

    2. 50. Guidance to agencies on assessing and managing certain risks to the public

    3. 51. Review of arrangements and report on functions

  4. PART 4

    ROAD TRAFFIC OFFENCES

    1. New offences

      1. 52. Causing death, or grievous bodily injury, by careless or inconsiderate driving

      2. 53. Causing death or grievous bodily injury by driving: unlicensed, disqualified or uninsured drivers

      3. 54. Speed assessment equipment detection devices

    2. Increase in penalties

      1. 55. Driving without insurance

      2. 56. Driving while disqualified

      3. 57. Failure to stop vehicle

      4. 58. Furious driving

    3. Drink-driving, etc.

      1. 59. Power to require specimens of breath at roadside or at hospital

      2. 60. Alcohol ignition interlocks

      3. 61. Experimental period for Article 60

    4. Other provisions about offences

      1. 62. Meaning of driving without due care and attention

      2. 63. Extension of offence under Article 14 of the 1995 Order

      3. 64. Alternative verdict on unsuccessful manslaughter prosecution

    5. Seizure of vehicles used in a manner causing alarm, distress or annoyance

      1. 65. Seizure of vehicles used in a manner causing alarm, distress or annoyance

      2. 66. Retention etc. of vehicles seized under Article 65

  5. PART 5

    MISCELLANEOUS AND SUPPLEMENTARY

    1. Purchase and consumption of alcohol

      1. 67. Test purchases of alcohol

      2. 68. Alcohol consumption in designated public places

      3. 69. Fixed penalty notice for offence under Article 68

      4. 70. Designated public places

      5. 71. Effect of Articles 68 and 70 on byelaws

      6. 72. Interpretation of Articles 68 to 71

    2. Prisons

      1. 73. Removal of requirement to appoint medical officers

      2. 74. Abolition of right of justice of the peace to visit prisons

      3. 75. Assisting a prisoner to escape

      4. 76. Facilitating escape by conveying things into prison

      5. 77. Conveyance of prohibited articles into or out of prison

      6. 78. Other offences relating to prison security

    3. Live links

      1. 79. Live links: introductory

      2. 80. Use of live link at preliminary hearings

      3. 81. Use of live link at sentencing hearings

      4. 82. Evidence of vulnerable accused

      5. 83. Live links in appeals under Criminal Appeal Act

    4. Legal aid

      1. 84. Civil legal services: anti-social behaviour orders

      2. 85. Civil legal services and legal aid: proceedings under Proceeds of Crime Act 2002

    5. PACE

      1. 86. Entry for purposes of arrest

      2. 87. Pre-charge bail

      3. 88. Authorisation of X-rays and ultrasound scans

      4. 89. Police officers performing duties of higher rank

    6. Penalties

      1. 90. Increase of maximum sentences for offences relating to knives, weapons etc.

      2. 91. Driving disqualification for any offence

    7. Proving execution of arrest warrants

      1. 92. Jurisdiction of magistrates' court in relation to proving execution of arrest warrant

    8. Anti-social behaviour orders

      1. 93. Applications for interim order

      2. 94. Special measures for witnesses in proceedings for anti-social behaviour orders

    9. Youth justice

      1. 95. Rehabilitation of offenders

      2. 96. Custody of children over the age of 17

      3. 97. Remands by youth court

      4. 98. Youth conference orders

      5. 99. Welfare of children

  6. PART 6

    SUPPLEMENTARY

    1. 100. Regulations, orders and rules

    2. 101. Supplementary and consequential provision, etc.

    3. 102. Amendments and repeals

  7. SCHEDULES:

    1. Schedule 1

      Serious offences

    2. Schedule 2

      Specified offences

      1. Part 1

        Specified violent offences

      2. Part 2

        Specified sexual offences

    3. Schedule 3

      Supervised activity orders: further provisions

    4. Schedule 4

      The Parole Commissioners

    5. Schedule 5

      Amendments

    6. Schedule 6

      Repeals

      1. Part 1

        Sentencing

      2. Part 2

        Repeals coming into operation in accordance with Article 1(3)

      3. Part 3

        Prisons

      4. Part 4

        Live links

Go to Explanatory Note

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:–

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