The Criminal Justice (Northern Ireland) Order 2008

Consecutive terms N.I.

33.—(1) This Article applies where—

(a) a person (“the offender”) has been sentenced to two or more determinate custodial sentences the terms of which are to be served consecutively on each other; and

(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

(2) Nothing in this Chapter requires the [F1 Department of Justice] to release the offender on licence until the offender has served a period equal in length to the aggregate of the length of the custodial periods in relation to each of the sentences.

(3) Where any of the sentences is a sentence of 12 months or more, the offender is, on and after release under this Chapter, to be on licence—

(a) until the offender would, but for having been released, have served a sentence equal in length to the aggregate length of the sentences; and

(b) subject to such conditions as are required by this Chapter in respect of each of those sentences.

(4) Where each of the sentences is a sentence of less than 12 months, the offender is, on and after release under this Chapter, to be on licence until the relevant time, and subject to such conditions as are required by this Chapter in respect of any of the sentences, and none of the sentences is to be regarded for any purpose as continuing after the relevant time

(5) In paragraph (4) “the relevant time” means the time when the offender would, but for having been released, have served a sentence equal in length to the aggregate of—

(a) all the custodial periods in relation to the sentences; and

(b) the longest of the licence periods in relation to those sentences.

(6) In this Article—

(a) “custodial period”—

(i) in relation to an extended sentence [F2 or an Article 15A terrorism sentence], means the appropriate custodial term determined under Article 14 [F3 or 15A];

(ii) in relation to any other custodial sentence, means the custodial period specified under Article 8(2);

(b) “licence period” has the meaning given by Article 8(5).

Textual Amendments

F1 Words in art. 33(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 28 (with arts. 28-31); S.I. 2010/977, art. 1(2)

F2 Words in art. 33(6)(a)(i) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 72(9)(a)

F3 Words in art. 33(6)(a)(i) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 72(9)(b)

Commencement Information

I1 Art. 33 partly in operation; art. 33 not in operation at date Order made see art. 1(4); art. 33(1)-(3)(6)(a)(i) in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 33(1)-(3)(6) in operation at 1.4.2009 in so far as not already in operation by S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 3, 4)