The Criminal Justice (Northern Ireland) Order 2008 No. 1216 (NI. 1)

PART 2 N.I. SENTENCING

CHAPTER 3 N.I. DANGEROUS OFFENDERS [F1 and other terrorist offenders]

Textual Amendments

F1 Words in Pt. 2 Ch. 3 heading inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 72(6)

Extended custodial sentence for certain violent or sexual offences N.I.

14.—(1) This Article applies where—

(a) a person is [F2 —

(i) convicted on indictment of a specified offence; or

(ii) convicted after the commencement of section 20 of the Counter-Terrorism and Sentencing Act 2021 of any other offence that is a serious terrorism offence;]

[F3 (aa) the offence was committed after the commencement of this Article; and]

(b) the court is of the opinion—

(i) that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences [F4 or serious terrorism offences;]

(ii) where the specified offence [F5 or serious terrorism offence] is a serious offence, that the case is not one in which the court is required by Article 13 to impose a life sentence or an indeterminate custodial sentence [F6 ; and

(iii) where the offence, or an offence associated with it, is a serious terrorism offence, that the case is not one in which the court is required by Article 13A to pass a serious terrorism sentence.]

(2) The court shall impose on the offender an extended custodial sentence.

(3) Where the offender is aged 21 or over, an extended custodial sentence is a sentence of imprisonment the term of which is equal to the aggregate of

(a) the appropriate custodial term; and

(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences [F7 or serious terrorism offences].

(4) In paragraph (3)(a) “the appropriate custodial term” means a term (not exceeding the maximum term) which—

(a) is the term that would (apart from this Article [F8 and Article 15A]) be imposed in compliance with Article 7 (length of custodial sentences); or

(b) where the term that would be so imposed is a term of less than 12 months, is a term of 12 months.

(5) Where the offender is under the age of 21, an extended custodial sentence is a sentence of detention at such place and under such conditions as the Secretary of State may direct for a term which is equal to the aggregate of—

(a) the appropriate custodial term; and

(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences [F9 or serious terrorism offences].

(6) In paragraph (5)(a) “the appropriate custodial term” means such term (not exceeding the maximum term) as the court considers appropriate, not being a term of less than 12 months.

(7) A person detained pursuant to the directions of the Secretary of State under paragraph (5) shall while so detained be in legal custody.

(8) The extension period under paragraph (3)(b) or (5)(b) shall not exceed—

(a) five years in the case of a specified violent offence [F10 (unless sub-paragraph (c) applies);]

(b) eight years in the case of a specified sexual offence [F11 or a specified terrorism offence] [F12 (unless sub-paragraph (c) applies); and]

[F13 (c) ten years in the case of a serious terrorism offence for which the offender is convicted after the commencement of section 20 of the Counter-Terrorism and Sentencing Act 2021.]

(9) The term of an extended custodial sentence in respect of an offence shall not exceed the maximum term.

(10) In this Article “maximum term” means the maximum term of imprisonment [F14 with which the offence is punishable (apart from Article 13)].

(11) A court which imposes an extended custodial sentence shall not make an order under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (suspended sentences) in relation to that sentence.

(12) Remission shall not be granted under prison rules to the offender in respect of a sentence imposed under this Article.

Textual Amendments

F2 Art. 14(1)(a)(i)(ii) substituted for words (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 20(2)(a), 50(2)(l)

F3 Art. 14(1)(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 20(2)(b), 50(2)(l)

F4 Words in art. 14(1)(b)(i) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(9)(a)(i)

F5 Words in art. 14(1)(b)(ii) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(9)(a)(ii)

F6 Art. 14(1)(b)(iii) and word inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(9)(a)(iii)

F7 Words in art. 14(3)(b) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(9)(b)

F8 Words in art. 14(4)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 72(7)

F9 Words in art. 14(5)(b) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(9)(b)

F10 Words in art. 14(8)(a) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 20(3)(a), 50(2)(l)

F11 Words in art. 14(8)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 11(3), 27(3) (with s. 25(5))

F12 Words in art. 14(8)(b) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 20(3)(b), 50(2)(l)

F13 Art. 14(8)(c) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 20(3)(c), 50(2)(l)

F14 Words in art. 14(10) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 66(9)(c)

Modifications etc. (not altering text)

C1 Art. 14 excluded by S.I. 1986/595 (N.I. 4), art. 44(1A)(c) (as inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 5(1)); S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4)