- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Treatment of Offenders (Northern Ireland) Order 1976, Section 5 is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5.—(1) Where—
(a)after the discharge of any such person as is mentioned in Article 3(1)(a), he has been convicted as[F1 so mentioned of an offence mentioned in Article 3(1)(b); and]
(b)it appears on complaint to a justice of the peace F2..., that he has not been ordered under Article 3 to be returned to prison or a young offenders centre and that there is no such record as is mentioned in Article 3(7),
the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, if the complaint is in writing and substantiated on oath, issue a warrant for his arrest.
(2) A summons or warrant issued under this Article shall, subject to paragraph (3), direct the offender to appear or to be brought before
[F1(a)where the offender was convicted as mentioned in paragraph (1)(a) on indictment, the Crown Court; and
(b)where the offender was so convicted by a magistrates' court, a magistrates' court F3....]
[F1(2A) Where a person who has been convicted as mentioned in paragraph (1)(a) appears or is brought before a court under this Article, Articles 3 and 4 shall apply as if that person had just been so convicted by or before that court]
(3) If—
(a)a warrant is issued under paragraph (1) requiring an offender to be brought before [F4 the Crown Court]; and
(b)the offender cannot forthwith be brought before [F4 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 paragraph (3), that court shall commit him in custody or on bail to [F4 the Crown Court].
F2Words in art. 5(1)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 71(a), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
F3Words in art. 5(2)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 71(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)
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