The Criminal Justice (Northern Ireland) Order 2008

Article 45.

SCHEDULE 3 N.I. SUPERVISED ACTIVITY ORDERS: FURTHER PROVISIONS

Restrictions on power to make order N.I.

1.  A court shall not make a supervised activity order in respect of any offender unless— N.I.

(a) the court has been notified by the Secretary of State that arrangements exist for persons who reside in the [F1 locality] in which the offender residesF2 ... to carry out the requirements of a supervised activity order [F3 and the notice has not been withdrawn]; and

(b) the court is satisfied that provision can be made under those arrangements for the offender to carry out the requirements of the order which the court proposes to make.

Textual Amendments

F1 Word in Sch. 3 para. 1 substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(a) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F2 Words in Sch. 3 para. 1(a) omitted (1.6.2018) by virtue of Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(2), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F3 Words in Sch. 3 para. 1(a) inserted (1.1.2012) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 110(1), 111, Sch. 7 para. 14 (with s. 106(4)); S.R. 2011/370, art. 3

Making of order N.I.

2.—F4 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

(2) Where, whether on the same occasion or on separate occasions, an offender is made subject to more than one supervised activity order, the court may direct that the requirements specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders.

(3) But at no time shall the offender have an outstanding number of hours during which the offender is to carry out the requirements of those orders in excess of the largest number specified in Article [F5 45(4)] .

Textual Amendments

F4 Sch. 3 para. 2(1) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F5 Word in Sch. 3 para. 2(3) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(3), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F6 ... N.I.

Textual Amendments

F6 Sch. 3 para. 3 cross-heading omitted (1.6.2018) by virtue ofJustice Act (Northern Ireland) 2016 (c. 21), ss. 29(4), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

3.—(1) Sub-paragraphs (2) to (5) apply where a supervised activity order [F7 is made] in relation to an offender. N.I.

(2) The court which made the order shall as soon as practicable give a copy of the order to a probation officer assigned to the court.

(3) That probation officer shall send copies of the order to—

(a) the offender; and

(b) the supervising officer.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The supervising officer shall as soon as practicable give the offender an explanation in ordinary language—

(a) of the purpose and effect of the order and in particular the obligations on the offender as specified in paragraph 4;

(b) of the consequences under paragraph 5 of failure to comply with any of the requirements mentioned there; and

(c) that the appropriate court has, under paragraph 6, power to review the order on the application of the offender or the supervising officer.

Textual Amendments

F7 Words in Sch. 3 para. 3(1) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(4), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F8 Sch. 3 para. 3(4) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(c), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Requirements of order N.I.

4.—(1) An offender in respect of whom a supervised activity order is in force shall— N.I.

(a) report to the supervising officer; and

(b) notify the officer without delay of any change of address or in the times, if any, at which the offender usually works (or carries out voluntary work) or attends a school or other educational establishment.

(2) Subject to paragraph 6(1), instructions given under a supervised activity order shall be carried out during the period of 12 months beginning with the date of the order; but, unless revoked, the order shall remain in force until [F9 it is discharged in accordance with Article 45(8) ] .

(3) The instructions given by the supervising officer under the order shall, so far as practicable, be such as to avoid—

(a) any conflict with the offender's religious beliefs; and

(b) any interference with the times, if any, at which the offender normally works (or carries out voluntary work) or attends a school or other educational establishment.

Textual Amendments

F9 Words in Sch. 3 para. 4(2) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(5), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

Failure to comply with order N.I.

5.—(1) If at any time while a supervised activity order is in force in respect of any offender it appears, on complaint to a lay magistrate, that the offender has failed to comply with any of the requirements of paragraph 4 or of the order (including any failure satisfactorily to carry out any instructions which the offender has been given by the supervising officer under the order), [F10 or that the offender, having chosen to pay the outstanding amount, is in default on the payment,] the lay magistrate may— N.I.

(a) issue a summons requiring the offender to appear before the appropriate court at a time specified in the summons; or

(b) if the complaint is in writing and on oath, issue a warrant for the offender to be arrested and brought before the appropriate court.

(2) If—

(a) a warrant is issued under sub-paragraph (1) requiring an offender to be brought before the Crown Court; and

(b) the offender cannot forthwith be brought before 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 F11 ....

(3) Where an offender is brought before a magistrates' court in pursuance of sub-paragraph (2), that court shall commit the offender in custody or on bail to the Crown Court.

(4) If it is proved to the satisfaction of the appropriate court before which an offender appears or is brought under this paragraph that the offender has failed without reasonable excuse to comply with any of the requirements of paragraph 4 or of the order (including any failure satisfactorily to carry out any instructions which the offender has been given by the supervising officer under the order) [F12 or that the offender is in default as mentioned in sub-paragraph (1), ] the court may—

[F13 (a) revoke the order and impose such period of imprisonment not exceeding 35 days as the court considers appropriate;]

(b) subject to Article [F14 45(4)] and paragraph 2(3), vary the number of hours specified in the order.

[F15 (5) Section 13(7A) of the Prison Act (Northern Ireland) 1953 prevents prison rules from providing for the grant of remission to an offender in respect of a period of imprisonment imposed under sub-paragraph (4).]

Textual Amendments

F10 Words in Sch. 3 para. 5(1) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(6), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F11 Words in Sch. 3 para. 5(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(d), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F12 Words in Sch. 3 para. 5(4) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(7)(a), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F13 Sch. 3 para. 5(4)(a) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(7)(b), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F14 Word in Sch. 3 para. 5(4)(b) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(3), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F15 Sch. 3 para. 5(5) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 32(2), 61(2) (with s. 32(4)); S.R. 2018/99, art. 2(a)

Amendment, extension or revocation of order N.I.

6.—(1) On the application of the offender or of the supervising officer in relation to a supervised activity order, the appropriate court may— N.I.

(a) extend, in relation to the order, the period of 12 months specified in paragraph 4(2);

(b) subject to Article [F16 45(4)] and paragraph 2(3), vary the number of hours specified in the order;

(c) revoke the order; or

[F17 (d) revoke the order and impose such period of imprisonment not exceeding 35 days as the court considers appropriate;]

[F18 (1A) Section 13(7A) of the Prison Act (Northern Ireland) 1953 prevents prison rules from providing for the grant of remission to an offender in respect of a period of imprisonment imposed under sub-paragraph (1)]

F19 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where the court proposes to exercise its powers under sub-paragraph (1)(a), (b) or (d) otherwise than on the application of the offender, the court—

(a) shall summon the offender to appear before the court, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(4) If the appropriate court is a magistrates' court and it amends or revokes an order, the court shall as soon as practicable [F20 give a copy of the amending order to the supervising officer].

F21 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Word in Sch. 3 para. 6(1)(b) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(3), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F17 Sch. 3 para. 6(1)(d) substituted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 29(8), 61(2) (with s. 29(12)); S.R. 2018/99, art. 2(a)

F18 Sch. 3 para. 6(1A) inserted (1.6.2018) by Justice Act (Northern Ireland) 2016 (c. 21), ss. 32(3), 61(2) (with s. 32(4)); S.R. 2018/99, art. 2(a)

F19 Sch. 3 para. 6(2) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(e), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

F20 Words in Sch. 3 para. 6(4) substituted (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(f) (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)

F21 Sch. 3 para. 6(5) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(g), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)

Rules N.I.

7.—(1) The Secretary of State may make rules for regulating the carrying out of the requirements of supervised activity orders. N.I.

(2) Without prejudice to the generality of sub-paragraph (1), rules under this paragraph may—

(a) limit the number of hours during which the requirements of an order are to be met on any one day;

(b) make provision as to the reckoning of time for the purposes of the carrying out of those requirements;

(c) make provision for the types of activity to be available for the purposes of carrying out those requirements;

(d) make provision for the payment of travelling and other expenses in connection with the carrying out of those requirements;

(e) provide for records to be kept of what has been done by any person carrying out those requirements;

(f) make provision for the assignment of a supervising officer in relation to a supervised activity order.

Interpretation N.I.

8.—(1) In this Schedule “ the appropriate court”, in relation to a supervised activity order, means— N.I.

(a) if the Crown Court made the order, the Crown Court;

(b) if a magistrates' court made the order, a magistrates' courtF22 ...

(2) Where a supervised activity order is made on appeal, the order shall be treated as if made by the court from which the appeal was brought.

Textual Amendments

F22 Words in Sch. 3 para. 8(1)(b) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 136(5)(h), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)