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Treatment of Offenders (Northern Ireland) Order 1976
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Changes to legislation:
Treatment of Offenders (Northern Ireland) Order 1976, Section 5 is up to date with all changes known to be in force on or before 08 November 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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Changes and effects yet to be applied to Article 5:
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.3(5) Sch.1
- Instrument am (prosp) by S.I. 1994/2795 (N.I.) art.26(1) Sch.2 para 6
- arts.3-6 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.12(2)(a) (5)
- arts.3-6 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.13(2)(a) (5)
- arts.3-6 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.12(2)(a) (5)
- arts.3-6 extended by 1997 c. 43 s.41 Sch.1 Pt.II para.13(2)(a) (5)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art.7(10) rev in pt (prosp) by S.I. 1994/2795 (N.I.) art.26(2) Sch.3
Ascertainment of person's liability to be dealt with under Article 3N.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[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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