The Criminal Justice (Northern Ireland) Order 1996

Link to law: http://www.legislation.gov.uk/nisi/1996/3160/contents

Introductory Text

PART I INTRODUCTORY

1.Title and commencement
2.Interpretation

PART II TREATMENT OF OFFENDERS

Preliminary
3.Deferment of sentence

Discharge

4.Absolute and conditional discharge
5.Commission of further offence by person conditionally discharged
6.Effect of discharge
7.Supplementary provisions as to discharge

Community sentences

8.Restrictions on imposing community sentences
9.Procedural requirements for community sentences

Probation

10.Probation orders
11.Additional requirements which may be included in such orders
12.Substitution of conditional discharge for probation

Community service orders

13.Community service orders in respect of convicted persons
14.Obligations of person subject to community service order
15.Orders combining probation and community service

Orders: supplemental

16.Enforcement etc. of community orders
17.Regulation of community orders

Custodial sentences

18.Restriction on imposing sentences of imprisonment or detention on persons not legally represented
19.Restrictions on imposing custodial sentences
20.Length of custodial sentences
21.Procedural requirements for custodial sentences
21A.Disclosure of pre-sentence reports
22.Additional requirements in the case of mentally disordered offenders
23.Suspended sentences of imprisonment or orders for detention
24.Custody probation orders
25.Supplementary provisions as to custody probation orders

Release on licence of certain offenders

26.Release on licence of sexual offenders
27.Breach of licence conditions
28.Convictions during currency of original sentences

Financial penalties

29.Fixing of fines
30.Statements as to offenders' means
31.False statements as to financial circumstances
32.Remission of fines

Miscellaneous

33.Reduction in sentences for guilty pleas
Art. 34 rep. by 2003 NI 13
Art. 35 rep. by 2003 NI 13
36.Savings for mitigation and mentally disordered offenders
37.Effect of previous convictions and of offending while on bail

PART III JURISDICTION

38.Offences to which this Part applies
39.Jurisdiction in respect of Group A offences
40.Questions immaterial to jurisdiction in the case of certain offences
41.Rules for determining certain jurisdictional questions relating to the location of events
42.Attempt, conspiracy and incitement
43.Relevance of external law

PART IV COURSE OF JUSTICE: EVIDENCE, PROCEDURE, ETC.

Imputations on character
44.Imputations on character

Corroboration

45.Abolition of corroboration rules
46.Abolition of corroboration requirements under Criminal Law Amendment Act 1885

Intimidation, etc., of witnesses, jurors and others
47.Intimidation, etc., of witnesses, jurors and others

Insanity and unfitness to be tried

48.Procedure in relation to unfitness to be tried
49.Trial of the facts in cases of defendants found unfit to be tried
50.Procedure in relation to finding of insanity
51.Powers to deal with persons not guilty by reason of insanity or unfit to be tried, etc.

Advance information
52.Rules as to furnishing of information by prosecution in criminal cases

PART V MISCELLANEOUS

Certain knives and other dangerous weapons

53.Manufacture or sale, etc., of certain knives
54.Sale of knives and certain articles with blade or point to persons under 16
55.Arrest without warrant for offence of having certain weapons on school premises

Information

56.Information for financial and other purposes
57.Rules and orders
58.Amendments, transitional provisions and repeals

SCHEDULES

SCHEDULE 1
ADDITIONAL REQUIREMENTS IN PROBATION ORDERS

Requirements as to residence (1) Subject to sub-paragraphs (2) and (3), a probation order...

Requirements as to residence
1.(1) Subject to sub-paragraphs (2) and (3), a probation order...

Requirements as to activities etc.
2.(1) Subject to the provisions of this paragraph, a probation...

Requirements as to attendance at day centre
3.(1) Subject to the provisions of this paragraph, a probation...

Requirements as to treatment for mental condition etc.
4.(1) This paragraph applies where a court proposing to make...

Requirements as to treatment for drug or alcohol dependency
5.(1) This paragraph applies where a court proposing to make...

SCHEDULE 2
ENFORCEMENT ETC. OF COMMUNITY ORDERS

PART I PRELIMINARY
1.In this Schedule— “relevant order” means a probation order or...

PART II BREACH OF REQUIREMENT OF ORDER

Issue of summons or warrant
2.(1) If at any time while a relevant order is...

Powers of court of summary jurisdiction
3.(1) Where under paragraph 2 an offender is brought or...

Powers of Crown Court
4.(1) Where. . . . . . . . ....

Exclusions
5.(1) Without prejudice to paragraphs 7 and 8, an offender...

Supplemental
6.(1) Any exercise by a court of its powers under...

PART III REVOCATION OF ORDER

Revocation of order with or without re-sentencing

7.(1) This paragraph applies where a relevant order made by...
8.(1) This paragraph applies where — (a) a relevant order...

Revocation of order following custodial sentence

9.(1) This paragraph applies where— (a) an offender in respect...
10.Where by virtue of paragraph 9(2)(b) an offender is brought...

Supplemental
11.(1) On the making under this Part of an order...

PART IV AMENDMENT OF ORDER

Amendment by reason of change of residence
12.(1) This paragraph applies where, at any time while a...

Amendment of requirements of probation order

13.(1) Without prejudice to the provisions of paragraph 12, but...
14.(1) Where the medical practitioner or other person by whom...

Extension of community service order
15.Where— (a) a community service order is in force in...

Supplemental

16.No order may be made under paragraph 12, and no...
17.(1) Subject to sub-paragraph (2), where a court proposes to...
18.(1) On the making under this Part of an order...

SCHEDULE 6
TRANSITIONAL PROVISIONS AND SAVINGS

1.Each of Articles 8 to 11, 13, 15, 19 to...
2.Neither paragraph (2) of Article 6, nor the repeal by...
3.An order made under Article 49(5) or 50(2) of the...
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