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The Criminal Justice (Northern Ireland) Order 1996
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Changes over time for: Section 6
Changes to legislation:
The Criminal Justice (Northern Ireland) Order 1996, Section 6 is up to date with all changes known to be in force on or before 17 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 6:
- Instrument rev. in pt. by 1998 c. 40 s.9(1) (2) Sch.1 Pt.II para.10 Sch.2 Pt.II
- art.6 excl.in pt. (prosp.) by S.I. 1999/23 s.2(6)(b)
- art. 6 excluded by S.I. 1993/1576 (N.I.), art. 11B(6)(a) (as inserted) by 2021 c. 2 (N.I.) s. 36
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):
- Sch. 2 para. 9(1)(a)(i) words repealed by 2015 c. 9 (N.I.) Sch. 1 para. 112(5)(e) Sch. 9 Pt. 1
- art. 44A(4) words substituted by S.I. 2008/1216 (N.I.) Sch. 5 para. 7(9) (This amendment not applied to legislation.gov.uk. It is thought that the correct affected document should be S.I. 1998/1504 (N.I. 9), art. 44A(4). The correction will be made as soon as we get the approved amended document from the relevant office)
- art. 53(1) art. 53 renumbered as art. 53(1) by 2019 c. 17 s. 44(6)
- art. 53(1)(a) substituted by 2019 c. 17 s. 43(2)
- art. 53(2)-(9) inserted by 2019 c. 17 s. 44(7)
- art. 54A inserted by 2019 c. 17 s. 37(3)
Effect of dischargeN.I.
6.—(1) Subject to paragraph (2) and to section 30(4) of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980 and Article 140(1A) of the Magistrates' Courts (Northern Ireland) Order 1981, a conviction of an offence for which an order is made under this Part discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under Article 5.
(2) Where the offender being not less than[F1 18] years of age at the time of his conviction of the offence in question, is subsequently sentenced under this Part for that offence, paragraph (1) shall cease to apply to the conviction.
(3) Without prejudice to paragraphs (1) and (2), the conviction of an offender who is discharged absolutely or conditionally under this Part shall in any event be disregarded for the purposes of any statutory provision which—
(a)imposes any disqualification or disability upon convicted persons; or
(b)authorises or requires the imposition of any such disqualification or disability.
(4) Paragraphs (1) to (3) shall not affect—
(a)any right of any offender discharged absolutely or conditionally under this Part to rely on his conviction in bar of any subsequent proceedings for the same offence; or
(b)the restoration of any property in consequence of the conviction of any such offender; or
(c)the operation, in relation to any such offender, of any statutory provision in force at the commencement of this Part which is expressed to extend to persons dealt with under section 1(1) of the Probation of Offenders Act 1907 as well as to convicted persons.
Modifications etc. (not altering text)
C1Art. 6 excluded (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(5), 94(1); S.I. 2008/755, art. 15(1)(f)
C2Art. 6 excluded (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(6), 94(1); S.I. 2008/755, art. 15(1)(f)
C3Art. 6 excluded (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 32(6)(c), 63(2); S.I. 2016/553, reg. 2
C4Art. 6 excluded by 2012 c. 9, s. 101J(2) (as inserted (31.1.2017 for specified purposes, 28.6.2018) by Policing and Crime Act 2017 (c. 3), ss. 168(1), 183(4), (5)(e); S.R. 2018/128, art. 2(a))
C5Art. 6 excluded (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), ss. 6(2)(b), 40(7); S.I. 2020/1662, reg. 2(f)
C6Art. 6 excluded (24.5.2024) by Post Office (Horizon System) Offences Act 2024 (c. 14), ss. 10(2), 11(2) (with ss. 3(5), 10(3))
C7Art. 6(1) excluded (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 158(3)(b), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11
C8Art. 6(1) excluded (31.7.2015) by Modern Slavery Act 2015 (c. 30), ss. 34(3)(b), 61(1) (with s. 34(4)); S.I. 2015/1476, reg. 2(b)
C9Art. 6(1) excluded (27.11.2015 for specified purposes, 1.4.2016 for all other purposes with application in accordance with Sch. 3 para. 23(4) of the amending Act) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(3), Sch. 3 para. 23(3)(a); S.R. 2015/376, art. 2; S.R. 2016/61, art. 2
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