Treatment of Offenders (Northern Ireland) Order 1976

PART II N.I. DISCHARGE FROM PRISON, ETC.

Conviction within certain period after discharge from prison, etc. N.I.

3.—(1) Subject to paragraph (2), where—

(a) after a person is discharged from prison or a young offenders centre after the commencement of this Part in pursuance of prison rules, but before any sentence of imprisonment or term of detention to which he was subject immediately before his discharge would (but for that discharge) have expired, he commits, and is convicted of, an offence in Northern Ireland; and

[F1 (b) the offence is punishable with imprisonment in the case of a person aged twenty-one years or over,]

the court may, without prejudice to its powers to deal with him in respect of the offence, order that he be returned to prison or, where appropriate, to a young offenders centre for such period, not exceeding that referred to in paragraph (3), as it thinks fit and, where it is a magistrates' court, exercise the powers conferred by paragraph (4).

(2) Paragraph (1) shall not apply to any person unless, immediately before his discharge from prison or a young offenders centre, the sentence of imprisonment or term of detention which he was serving (as pronounced by the court) exceeded one year or such other period as the Secretary of State may prescribe by order.

(3) The period referred to in paragraph (1) is—

(a) where the court is a magistrates' court, the lesser of—

(i) twelve months; or

(ii) the period between the date of the order referred to in paragraph (1) and the date on which any sentence of imprisonment or term of detention so referred to would have expired in his case but for his discharge in pursuance of prison rules;

(b) where the court is not a magistrates' court, the period referred to in sub-paragraph ( a)(ii).

(4) Where, at the date on which a magistrates' court convicts an offender, the period [F2 between that date and the date on which any sentence of imprisonment or term of detention referred to in paragraph (1) would have expired in his case but for his discharge in pursuance of prison rules] exceeds twelve months, the court may, without prejudice to its powers to deal with him in respect of the offence, commit him in custody or on bail to [F3 the Crown Court].

(5) Where a person is committed [F3 under paragraph (4), the Crown Court] may, without prejudice to any sentence passed or order made by the magistrates' court in respect of the offence, order that he be returned to prison or, where appropriate, to a young offenders centre for such period, not exceeding that referred to in paragraph (3)( a)(ii), as it thinks fit.

Para.(6) rep. by 1978 c.23

(7) Where, on consideration of the case of an offender under this Article, a court makes no order with respect to his return to prison or a young offenders centre, the appropriate officer of the court shall record that fact.

(8) Where, under paragraph (1) or (5), a person is ordered to be returned to prison or a young offenders centre, the period for which he is ordered to be returned to prison or a young offenders centre under that paragraph shall, notwithstanding anything in any other enactment, take effect on the date of the order.

(9) A magistrates' court shall not exercise the powers conferred by paragraph (1) unless the offender is before the court.

(10) For the purposes of the Prison Act (Northern Ireland) 1953 [1953 c.18] and of the Treatment of Offenders Act (Northern Ireland) 1968 [1968 c.29] , the period for which a person is ordered under this Article to be returned to prison or a young offenders centre shall be taken to be a sentence of imprisonment or term of detention.

F1 1989 NI 15

F2 1980 NI 6

F3 1978 c. 23

Appeals N.I.

4.  Where under Article 3(1) [F4 a magistrates'] court orders that a person be returned to prison or to a young offenders centre, that person shall have the like right of appeal against that order as if—

(a) the court had immediately before making it convicted him; and

(b) the order were a sentence passed upon that conviction.

[F5 and where under Article 3(1) or (5) the Crown Court orders that a person be returned to prison or to a young offenders centre, that person may appeal against that order in accordance with section 9 of the Criminal Appeal (Northern Ireland) Act 1980 [1980 c.47] .]

F4 1980 c. 47

F5 1980 c. 47

Ascertainment of person's liability to be dealt with under Article 3 N.I.

5.—(1) Where—

(a) after the discharge of any such person as is mentioned in Article 3(1)(a), he has been convicted as[F6 so mentioned of an offence mentioned in Article 3(1)(b); and]

(b) it appears on complaint to a justice of the peace F7 ..., 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

[F6 (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 F8 ....]

[F6 (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 [F9 the Crown Court]; and

(b) the offender cannot forthwith be brought before [F9 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 [F9 the Crown Court].

F6 1989 NI 15

F7 Words 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)

F8 Words 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)

F9 1978 c. 23

Evidence N.I.

6.  For the purposes of Article 3, a certificate purporting to be signed by the governor or deputy governor of a prison or young offenders centre which specifies—

(a) the date on which a person was discharged from prison or a young offenders centre;

(b) the sentence or term which the person was serving at the time of his discharge, the offence in respect of which the sentence or term was imposed and the date on which he was convicted of that offence;

(c) the date on which the person would, but for his discharge in pursuance of prison rules, have been discharged from prison or a young offenders centre,

shall be evidence of the matters so specified.