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PART 2 continued CHAPTER 4 continued
23.—(1) A court which sentences an offender to a determinate custodial sentence of 12 months or more in respect of any offence may, when passing sentence, recommend to the Secretary of State particular conditions which in its view should be included in any licence granted to the offender under Article 17 or 19 on release from prison.
(2) In exercising the powers under Article 24 in respect of an offender, the Secretary of State shall have regard to any recommendation under paragraph (1).
(3) A recommendation under paragraph (1) is not to be treated for any purpose as part of the sentence passed on the offender.
24.—(1) In this Article—
(a) “the standard conditions” means such conditions as may be prescribed for the purposes of this Article as standard conditions; and
(b) “prescribed” means prescribed by the Secretary of State by rules.
(2) Any licence under Article 17 or 19 in respect of any prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more shall include—
(a) such conditions as may be required by the court in passing sentence; and
(b) so far as not inconsistent with them, the standard conditions.
(3) Any other licence under this Chapter
(a) shall include the standard conditions; and
(b) may include such other conditions of a kind prescribed for the purposes of this paragraph as the Secretary of State may for the time being specify in the licence.
(4) The Secretary of State may vary or cancel any conditions specified in a licence under this Chapter and may subsequently include additional conditions.
(5) Where a prisoner is released on licence under Article 18, the Secretary of State shall not—
(a) include a condition under paragraph (3)(b) on release, or
(b) subsequently insert, vary or cancel a condition under paragraph (4),
except after consultation with the Parole Commissioners.
(6) For the purposes of paragraph (5), the Secretary of State is to be treated as having consulted the Parole Commissioners about a proposal to include, insert, vary or cancel a condition in any case if they have been consulted about the implementation of proposals of that description generally or in that class of case.
(7) Paragraphs (2) and (3) have effect subject to—
(a) Articles 25 and 26;
(b) Articles 32(2) and 33(3) and (4).
(8) In exercising the powers to prescribe standard conditions or other conditions referred to in paragraph (3), the Secretary of State shall have regard to the following purposes of the supervision of offenders while on licence under this Chapter—
(a) the protection of the public;
(b) the prevention of re-offending;
(c) the rehabilitation of the offender.
25.—(1) In relation to any licence under Article 17 or 19 which is granted to a prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more on release in pursuance of a direction or recommendation of the Parole Commissioners under Article 28 or 29, paragraphs (2) and (3) apply instead of Article 24(2).
(2) The licence—
(a) shall include the standard conditions; and
(b) may include such other conditions of a kind prescribed for the purposes of Article 24(3)(b) as the Secretary of State may for the time being specify in the licence.
(3) In exercising the powers to include other conditions conferred by paragraph (2)(b), the Secretary of State shall have regard to any such conditions as are mentioned in Article 24(2)(a).
(4) In this Article “the standard conditions” and “prescribed” have the same meaning as in Article 24
26.—(1) A licence under Article 19 shall include a curfew condition complying with this Article.
(2) Where—
(a) a licence under Article 19 is granted to a prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more, and
(b) the court in passing sentence requires the licence to be granted subject to a condition requiring compliance with a curfew requirement,
that condition shall not be included in the licence at any time while a curfew condition required by paragraph (1) is in force.
(3) For the purposes of this Chapter a curfew condition is a condition which requires the released person to remain for specified periods at a specified place; and in this Article “specified” means specified in the condition.
(4) Specified periods shall not amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
(5) The curfew condition is to remain in force until the date when the released person would (but for being released) fall to be released on licence under Article 17.
(6) A curfew condition may (but need not) include an electronic monitoring requirement.
(7) The Secretary of State may by order amend paragraph (4) by substituting for a number of hours specified there such other number of hours as may be specified in the order.
27. A person subject to a licence under this Chapter shall comply with such conditions as may for the time being be included in the licence.
28.—(1) In this Article “P” means a prisoner who has been released on licence under Article 17, 18 or 20.
(2) The Secretary of State may revoke P’s licence and recall P to prison—
(a) if recommended to do so by the Parole Commissioners; or
(b) without such a recommendation if it appears to the Secretary of State that it is expedient in the public interest to recall P before such a recommendation is practicable.
(3) P—
(a) shall, on returning to prison, be informed of the reasons for the recall and of the right conferred by sub-paragraph (b); an
(b) may make representations in writing with respect to the recall.
(4) The Secretary of State shall refer P’s recall under paragraph (2) to the Parole Commissioners.
(5) Where on a reference under paragraph (4) the Parole Commissioners direct P’s immediate release on licence under this Chapter, the Secretary of State shall give effect to the direction.
(6) The Parole Commissioners shall not give a direction under paragraph (5) with respect to P unless they are satisfied that—
(a) where P is serving an indeterminate custodial sentence or an extended custodial sentence, it is no longer necessary for the protection of the public from serious harm that P should be confined;
(b) in any other case, it is no longer necessary for the protection of the public that P should be confined.
(7) On the revocation of P’s licence, P shall be—
(a) liable to be detained in pursuance of P’s sentence; and
(b) if at large, treated as being unlawfully at large.
29.—(1) This Article applies where—
(a) a fixed-term prisoner, other than a prisoner serving an extended custodial sentence, (“P”) is released on licence under Article 17 or 20; and
(b) on a reference under Article 28(4) the Parole Commissioners do not direct P’s immediate release on licence under this Chapter.
(2) Subject to paragraphs (3) and (4), the Parole Commissioners shall either—
(a) recommend a date for P’s release on licence; or
(b) fix a date as the date for the next review of P’s case by them.
(3) Any date recommended under paragraph (2)(a) or fixed under paragraph (2) (b) must not be later than the second anniversary of the date on which the decision is taken.
(4) The Parole Commissioners need not make a recommendation under paragraph (2)(a) or fix a date under paragraph (2)(b) if P will fall to be released unconditionally at any time within the next 24 months.
(5) Where the Parole Commissioners have recommended a date for P’s release under paragraph (2)(a), the Secretary of State shall release P on licence on that date unless the Secretary of State has, before that date, referred P’s case to the Parole Commissioners.
(6) On a review required by paragraph (2)(b) or a reference under paragraph (5), the Parole Commissioners shall—
(a) direct P’s immediate release on licence;
(b) make a recommendation under paragraph (2)(a); or
(c) fix a date under paragraph (2)(b).
(7) The Parole Commissioners shall not give a direction under paragraph (6)(a) with respect to P unless they are satisfied that it is no longer necessary for the protection of the public that P should be confined
(8) The Secretary of State shall give effect to any direction under paragraph (6)(a).
30.—(1) If it appears to the Secretary of State, as regards a person released on licence under Article 19 (“P”)—
(a) that P has failed to comply with any condition included in the licence, or
(b) that P’s whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in the licence,
the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall P to prison under this Article.
(2) P—
(a) shall, on returning to prison, be informed of the reasons for the revocation and of the right conferred by sub-paragraph (b); and
(b) may make representations in writing with respect to the revocation.
(3) The Secretary of State, after considering any representations under paragraph (2)(b) or any other matters, may cancel the revocation of P’s licence under this Article.
(4) Where the revocation of P’s licence is cancelled under paragraph (3), P is to be treated for the purposes of Article 19 as not having been recalled to prison under this Article.
(5) On the revocation of P’s licence, P shall be—
(a) liable to be detained in pursuance of P’s sentence; and
(b) if at large, treated as being unlawfully at large.
31. Where it appears to the court by or before which a person is convicted of an offence—
(a) that the offence was committed while the person was on licence under this Chapter, and
(b) that the person has not been recalled to prison,
the court shall inform the Secretary of State of the conviction.
32.—(1) This Article applies where—
(a) a person (“the offender”) has been sentenced by any court to two or more custodial sentences the terms of which are wholly or partly concurrent; and
(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions
(2) Where this Article applies—
(a) nothing in this Chapter requires the Secretary of State to release the offender in respect of any of the terms unless and until the Secretary of State is required to release the offender in respect of each of the others;
(b) Article 17 does not authorise the Secretary of State to release the offender on licence under that Article in respect of any of the terms unless and until that Article authorises the Secretary of State to do so in respect of each of the others;
(c) on and after release under this Chapter the offender is to be on licence for so long, and subject to such conditions, as is required by this Chapter in respect of any of the sentences.
(3) Where the sentences include one or more sentences of 12 months or more and one or more sentences of less than 12 months, the terms of the licence may be determined by the Secretary of State in accordance with Article 24(3)(b).
(4) Where a person has been sentenced to one or more custodial sentences and to one or more life sentences, nothing in this Chapter requires the Secretary of State to release the person in respect of any of the custodial sentences unless and until the Secretary of State is required to release him in respect of each of the life sentences.
33.—(1) This Article applies where—
(a) a person (“the offender”) has been sentenced to two or more determinate custodial sentences the terms of which are to be served consecutively on each other; and
(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.
(2) Nothing in this Chapter requires the Secretary of State to release the offender on licence until the offender has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the sentences.
(3) Where any of the sentences is a sentence of 12 months or more, the offender is, on and after release under this Chapter, to be on licence—
(a) until the offender would, but for having been released, have served a sentence equal in length to the aggregate length of the sentences; and
(b) subject to such conditions as are required by this Chapter in respect of each of those sentences.
(4) Where each of the sentences is a sentence of less than 12 months, the offender is, on and after release under this Chapter, to be on licence until the relevant time, and subject to such conditions as are required by this Chapter in respect of any of the sentences, and none of the sentences is to be regarded for any purpose as continuing after the relevant time
(5) In paragraph (4) “the relevant time” means the time when the offender would, but for having been released, have served a sentence equal in length to the aggregate of—
(a) all the custodial periods in relation to the sentences; and
(b) the longest of the licence periods in relation to those sentences.
(6) In this Article—
(a) “custodial period”—
(i) in relation to an extended sentence, means the appropriate custodial term determined under Article 14;
(ii) in relation to any other custodial sentence, means the custodial period specified under Article 8(2);
(b) “licence period” has the meaning given by Article 8(5).
34.—(1) In the Criminal Justice (Northern Ireland) Order 1996 (NI 24) for Article 27 substitute—
27—(1) If at any time while an offender is released on licence under Article 26 it appears, on complaint to a lay magistrate, that the offender has failed to comply with any of the conditions specified in the licence, the lay magistrate may—
(a) issue a summons requiring the offender to appear before the appropriate court at a time specified in the summons; or
(b) if the complaint is in writing and on oath, issue a warrant for the offender to be arrested and brought before the appropriate court.
(2) If—
(a) a warrant is issued under sub-paragraph (1) requiring an offender to be brought before the Crown Court, and
(b) the offender cannot forthwith be brought before the Crown Court because it is not being held,
the warrant shall have effect as if it directed the offender to be brought before a magistrates' court acting for the petty sessions district in which he resides.
(3) Where an offender is brought before a magistrates' court in pursuance of paragraph (2), that court shall commit the offender in custody or on bail to the Crown Court.
(4) Where the appropriate court before which an offender appears or is brought under this Article is the Crown Court and that Court is satisfied that the offender has failed without reasonable excuse to comply with any of the conditions specified in the licence, the Court may
(a) impose on him a fine not exceeding £1000;
(b) revoke the licence; or
(c) suspend the licence for a specified period which is shorter than the remaining licence period.
(5) Where the appropriate court before which an offender appears or is brought under this Article is a court of summary jurisdiction and that court is satisfied that the offender has failed without reasonable excuse to comply with any of the conditions specified in the licence, that court may—
(a) impose on him a fine not exceeding £1000;
(b) if the remaining licence period is less than 6 months, revoke the licence; or
(c) suspend the licence for a specified period which—
(i) is shorter than the remaining licence period; and
(ii) does not exceed 6 months.
(6) Where a court revokes the licence of an offender under paragraph (4) or (5)—
(a) the court shall order the offender to be returned to prison or, as the case may be, a young offenders centre; and
(b) the offender—
(i) shall be liable to be detained there in pursuance of his sentence until the date on which he would (but for his release) have served the whole of his sentence or order for detention; and
(ii) if at large shall be treated as being unlawfully at large.
(7) Where a court suspends the licence of an offender for a specified period under paragraph (4) or (5)—
(a) the court shall order the offender to be returned to prison or, as the case may be, a young offenders centre; and
(b) the offender—
(i) shall be liable to be detained there for that period in pursuance of his sentence or order for detention; and
(ii) if at large shall be treated as being unlawfully at large.
(8) In this Article “the remaining licence period”, in relation to an offender released on licence under Article 26, means the period beginning with the date of the making of an order under this Article and ending with the date on which the offender would (but for his release) have served the whole of his sentence or order for detention.
(9) In this Article “the appropriate court”, in relation to an offender released on licence in pursuance of an order under Article 26(1)(b), means—
(a) if the Crown Court made the order, the Crown Court; and
(b) if a court of summary jurisdiction made the order, a court of summary jurisdiction acting for the petty sessions district in which the offender resides
and if the order has been made on appeal, it shall be treated for the purposes of this paragraph as if it had been made by the court from which the appeal was brought.”.
(2) Paragraph (1) does not apply in relation to a failure to comply with any of the conditions specified in a licence under Article 26 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) if that failure occurred before the coming into operation of this Article.
35.—(1) Subject to the following provisions of this Chapter, a curfew requirement or an electronic monitoring requirement may be made—
(a) a condition of bail granted by a court;
(b) a condition of a licence under—
(i) this Part;
(ii) the Life Sentences (Northern Ireland) Order 2001 (NI 2);
(iii) Article 46 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) (discharge on licence of person sentenced to be detained under Article 45(2) of that Order);
(iv) Article 26 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24);
(c) a requirement of—
(i) a probation order;
(ii) the youth conference plan to which a youth conference order relates.
(2) Article 15(5) of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (combination order treated as probation order) applies for the purposes of this Article as it applies for the purposes of Part 2 of that Order.
(3) Article 25(2)(b) of that Order (custody probation order treated as probation order) applies for the purposes of this Article as it applies for the purposes of Part 2 of that Order.
36.—(1) The Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9) is amended as follows.
(2) In Article 39 (juvenile justice centre orders) at the end add—
“(8) Where a court makes a juvenile justice centre order in respect of a child, it may, subject to Chapter 5 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008, impose a curfew requirement or an electronic monitoring requirement (within the meaning of that Chapter) during all or part of the period of supervision to which the child is subject under the order.”
(3) In Article 40 (supervision under a juvenile justice order) in paragraph (2) for sub-paragraph (b) substitute—
“(b) the person under whose supervision he will be shall give him a notice specifying—
(i) any requirements imposed by the court under Article 39(8); and
(ii) any other requirements with which he must comply.”.
(4) In Article 40(3) for “or (b)” substitute “or (b)(ii)”.
(5) In Article 40(4) at the end add “, but such rules may not regulate any matter which may be regulated by rules under Article 44 of the Criminal Justice (Northern Ireland) Order 2008”.
(6) In Article 41(1) and (2) (breach of supervision requirements) after “requirements under” insert “Article 39(8) or”.
37.—(1) In this Part “curfew requirement” means a requirement that a person remain, for specified periods at a specified place; and in this Article “specified” means specified in the requirement.
(2) Specified periods shall not amount to—
(a) less than 2 hours, or
(b) more than 12 hours,
in any one day.
(3) A curfew requirement shall not be imposed without obtaining and considering information about the place proposed to be specified in the requirement (including information as to the attitude of persons likely to be affected by the enforced presence there of the person subject to the requirement).
(4) The Secretary of State may by order amend paragraph (2) by substituting for a number of hours specified there such other number of hours as may be specified in the order.
38.—(1) A curfew requirement shall, as far as practicable, be such as to avoid—
(a) any conflict with a person’s religious beliefs or with any other condition or requirement to which that person may be subject; and
(b) any interference with the times, if any, at which the person normally works (or carries out voluntary work) or attends a school or other educational establishment.
(2) The Secretary of State may by order provide that paragraph (1) is to have effect with such additional restrictions as may be specified in the order
39. The Secretary of State may make arrangements for establishing systems of electronic monitoring of persons subject to—
(a) curfew requirements; or
(b) other requirements relating to a person’s whereabouts.
40.—(1) In this Part “electronic monitoring requirement” means a requirement for securing the electronic monitoring of a person’s compliance with other conditions or requirements during a period of 14 days or more specified in the requirement or determined in accordance with the requirement by the person responsible for the monitoring.
(2) Where—
(a) it is proposed to impose an electronic monitoring requirement, but
(b) there is a person (other than the person who is to be subject to the requirement) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be imposed without that person’s consent.
(3) An electronic monitoring requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(4) Where an electronic monitoring requirement is required to take effect during a period determined by the person responsible for the monitoring, that person shall, before the beginning of the period, notify—
(a) the person subject to the requirement, and
(b) any person falling within paragraph (2)(b),
of the time when the period is to begin.
41. A court shall not impose an electronic monitoring requirement unless the court—
(a) has been notified by the Secretary of State that electronic monitoring arrangements are available in the area in which the place proposed to be specified in the requirement is situated; and
(b) is satisfied that the necessary provision can be made under those arrangements.
42. Where a court or the Secretary of State imposes an electronic monitoring requirement, the court or (as the case may be) the Secretary of State shall forthwith provide copies of the requirement—
(a) to the person who by virtue of Article 40(3) will be responsible for the electronic monitoring; and
(b) to any person to whom Article 40(2)(b) applies.
43.—(1) This Article applies where a court proposes to release a child on bail under Article 12 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9).
(2) The court shall not impose—
(a) a curfew requirement, or
(b) an electronic monitoring requirement,
as a condition of bail unless the court considers that, if it did not do so, it would be necessary to remand the child in custody to protect the public.
44. The Secretary of State may make rules for regulating—
(a) electronic monitoring in pursuance of an electronic monitoring requirement;
(b) without prejudice to paragraph (a), the functions of persons made responsible for securing electronic monitoring in pursuance of such a requirement; and
(c) the supervision of persons who are subject to curfew requirements.
45.—(1) Where—
(a) an individual over the age of 18 (“the offender”) has been convicted of an offence in respect of which the court has imposed a fine not exceeding £500 on the offender,
(b) the court would, but for this Article, make an order or issue a warrant for the committal of that person for default in paying that fine or any instalment of that fine by the due date, and
(c) the court considers a supervised activity order more appropriate than such committal,
the court may, instead of making that order or issuing that warrant, make a supervised activity order in respect of that person
(2) A supervised activity order is an order requiring an offender to—
(a) attend at a place of supervision for a period specified in the order, and
(b) engage, during that period, in activities in accordance with instructions given by the supervising officer.
(3) The period specified under paragraph (2)(a) shall not be—
(a) less than 10 hours; or
(b) more than—
(i) 50 hours if the amount of the fine does not exceed £200; or
(ii) 100 hours in any other case.
(4) The Secretary of State may by order—
(a) amend paragraphs (1)(a) and (3)(b)(i) by substituting for a sum of money specified there such other sum of money as is specified in the order;
(b) amend paragraph (3)(b)(i) and (ii) by substituting for a number of hours specified there such other number of hours as may be specified in the order.
(5) A supervised activity order in respect of a person comes into force if (and only if) that person fails to pay the fine or any instalment of it before the due date; and in that event the order comes into operation on the day after the due date.
(6) If the person pays part of the fine before the supervised activity order comes into force, the period specified in the order shall be reduced by the proportion which the part of the fine paid bears to the whole fine, the resulting figure being rounded up or down to the nearest 10 hours; but this paragraph shall not operate to reduce the period to less than 10 hours.
(7) The coming into force of a supervised activity order shall have the effect of discharging the fine mentioned in paragraph (1)(a).
(8) Schedule 3 shall have effect in relation to supervised activity orders.
(9) In this Article and Schedule 3—
“place of supervision” means such place as may be determined for the purposes of a supervised activity order by the supervising officer;
“supervising officer”, in relation to a supervised activity order, means a probation officer assigned in accordance with rules made by the Secretary of State under paragraph 7 of Schedule 3.
46.—(1) The Life Sentence Review Commissioners shall be renamed the Parole Commissioners for Northern Ireland.
(2) In discharging their functions the Parole Commissioners shall—
(a) have due regard to the need to protect the public from serious harm; and
(b) have regard to the desirability of
(i) securing the rehabilitation of prisoners; and
(ii) preventing the commission of further offences by prisoners.
(3) The Parole Commissioners shall advise the Secretary of State with respect to any matter connected with the release or recall of prisoners referred to them under this Part or the Life Sentences (Northern Ireland) Order 2001 (NI 2).
(4) Schedule 4 shall have effect in relation to the Parole Commissioners.
47.—(1) Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (enforcement of certain community orders) is amended as follows.
(2) In paragraph 2 for sub-paragraph (2) substitute—
“(2) Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—
(a) in the case of a drug treatment and testing order, before the court responsible for the order;
(b) in the case of any other order—
(i) if the order was made by the Crown Court, before that court;
(ii) if the order was made by a magistrates' court, before a court of summary jurisdiction acting for the petty sessions district concerned.
(3) If—
(a) a warrant is issued under this paragraph requiring an offender to be brought before the Crown Court, and
(b) the offender cannot forthwith be brought before the Crown Court because it is not being held,
the warrant shall have effect as if it directed the offender to be brought before a magistrates' court having jurisdiction in the place where he is arrested.
(4) Where an offender is brought before a magistrates' court in pursuance of sub-paragraph (3), that court shall commit the offender in custody or on bail to the Crown Court.”.
(3) In paragraph 3(1) for the words from the beginning to “paragraph 2” substitute “Where under paragraph 2 an offender is brought or appears before a court of summary jurisdiction and it is proved to the satisfaction of the court”
(4) In paragraph 3 omit—
(a) in sub-paragraph (1)(d) the words “where the relevant order was made by a magistrates' court”; and
(b) sub-paragraphs (3) and (4).
(5) In paragraph 4(1) omit “or by virtue of paragraph 3(3)”
(6) In paragraph 7(1) after “relevant order” insert “made by a magistrates' court”.
(7) In paragraph 7 for sub-paragraph (2) substitute—
“(2) The court may—
(a) revoke the order; or
(b) revoke the order and deal with the offender, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.”.
(8) In paragraph 7(3) for “sub-paragraph (2)(a)(i)” substitute “sub-paragraph (2)(a)”.
(9) In paragraph 7(4) for “sub-paragraph (2)(a)(ii)” substitute “sub-paragraph (2)(b)”.
(10) Omit paragraph 7(5).
(11) In paragraph 8 for sub-paragraphs (1) and (1A) substitute—
“(1) This paragraph applies where —
(a) a relevant order made by the Crown Court is in force in respect of an offender and the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other way for the offences in respect of which the order was made; or
(b) an offender in respect of whom a relevant order is in force is convicted of an offence before the Crown Court.”.
(12) In paragraph 8 at the end add—
“(5) Where this paragraph applies by virtue of sub-paragraph (1)(a) and the Crown Court proposes to exercise its powers under this paragraph otherwise than on the application of the offender, it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.
(6) No application may be made by the offender under sub-paragraph (1)(a) while an appeal against the relevant order is pending.”.
The Criminal Justice (Northern Ireland) Order 2008