2016 No. 417 (C. 33)

Justice

The Justice (2015 Act) (Commencement No.8) Order (Northern Ireland) 2016

Made22nd November 2016

The Department of Justice, in exercise of the powers conferred by sections 102(8) and 106 (2) of the Justice Act (Northern Ireland) 20151, makes the following Order:

Citation1

1

This Order may be cited as the Justice (2015 Act) (Commencement No.8) Order (Northern Ireland) 2016.

Provisions coming into operation on 1st December 20162

The day appointed for the coming into operation of the following provisions of the Justice Act (Northern Ireland) 2015 is 1 December 2016-

a

section 55 (violent offences prevention orders);

b

section 56 (violent offences prevention order made on conviction, etc);

c

section 57 (violent offences prevention order made on application of Chief Constable);

d

section 58 (qualifying offenders);

e

section 59 (provisions that violent offences prevention orders may contain);

f

section 60 (variation, renewal or discharge of violent offences prevention orders);

g

section 61 (interim violent offences prevention orders);

h

section 62 (notice of applications);

i

section 63 (appeals);

j

section 64 (offenders subject to notification requirements);

k

section 65 (notification requirements: initial notification), except subsection (2)(h);

l

section 66 (notification requirements: changes), except subsections (2)(d) and (3)(d);

m

section 67 (notification requirements: periodic notification), except subsection (5)(a);

n

section 68 (notification requirements: absence from notified residence);

o

section 70 (method of notification and related matters);

p

section 71 (offences);

q

section 72 (supply of information to relevant Northern Ireland departments or Secretary of State);

r

section 73 (supply of information by relevant Northern Ireland departments or Secretary of State);

s

section 74 (information about release or transfer);

t

section 75 (power of entry and search of offender’s home address);

u

section 76 (interpretation of this part).

Sealed with the Official Seal of the Department of Justice on 22nd November 2016

Claire SugdenMinister of Justice

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation provision made in Part 8 of the Justice Act (Northern Ireland) 2015 (c.9 (N.I.)) (“the Act”) for the Violent Offences Prevention Order (VOPO), and as listed in Article 2 of this Order, to the extent that they are not already in force. The provisions of this Order come into operation on 1st December 2016.

Under Part 8 of the Act, the court will be able to impose a VOPO on qualifying offenders on conviction, or following an application made by the Chief Constable, where it considers it is necessary for the purpose of protecting the public from the risk of serious violent harm from the individual concerned.

The VOPO can place prohibitions or requirements on the behaviour of the individual subject to the Order and the individual will also be required to notify certain information to police under the terms of the Act, both at the outset, and thereafter.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.R. No.
Sections 28, 29 and 31 to 35	1 September 2015	2015 No 320 (C.26)
Sections 65(2)(h) and 69(1)	1 September 2015	2015 No 324 (C.27)
Sections 6(2) and (3) and 95	30 September 2015	2015 No 324 (C.27)
Section 37 (partially), sections 38 to 40, sections 44 to 47, section 66 (partially), section 67 (partially), section 69 (so far as not already in operation), and Schedule 5 (partially)	2 November 2015	2015 No 358 (C.30)
Sections 94 and 96	29 January 2016	2015 No 418 (C.36)
Section 41 and Schedule 4	1 March 2016	2015 No 418 (C.36)
Section 48 and Schedule 6	14 March 2016	2016 No 136 (C.8)
Sections 88 and 93	1 April 2016	2016 No 136 (C.8)
Section 49, section 51, section 54, section 105 (partially) and Schedule 9 (partially)	29 April 2016	2016 No 136 (C.8)
Sections 77 to 81	1 July 2016	2016 No 247 (C.19)
Sections 1 to 5, section 6(1), section53, section 92, sections 104 and 105, Schedule 1, Schedule 8 (paragraphs 1 to 3), Schedule 9 (Part 1)	24 October 2016	2016 No.387 (C.29)