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The Criminal Justice (Northern Ireland) Order 2008
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The Criminal Justice (Northern Ireland) Order 2008, Section 12 is up to date with all changes known to be in force on or before 16 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 the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 Pt. 1 para. 31A renumbered as 31(B) by 2022 c. 19 (N.I.) Sch. 4 para. 3(a)
- art. 19(1A) inserted by 2015 c. 9 (N.I.) s. 82
- art. 45(1A) inserted by 2011 c. 24 (N.I.) s. 58(2)
Meaning of “specified offence” etc.N.I.
This section has no associated Explanatory Memorandum
12.—(1) An offence is a “specified offence” for the purposes of this Chapter if it is a specified violent offence [F1, a specified sexual offence or a specified terrorism offence].
(2) A specified offence is a “serious offence” for the purposes of this Chapter if it is an offence specified in Schedule 1.
(3) In this Chapter—
[F2“determination of terrorist connection”, in relation to an offence, means a determination by the court that the offence has a terrorist connection under section 30 of the Counter-Terrorism Act 2008;]
“life sentence” means—
(a)
a sentence of imprisonment for life; or
(b)
a sentence of detention under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9);
“specified violent offence” means an offence specified in Part 1 of Schedule 2;
“specified sexual offence” means an offence specified in Part 2 of that Schedule.
[F3“specified terrorism offence” means an offence specified in Part 3 of that Schedule.]
(4) References in this Chapter to conviction on indictment include references to a finding of guilt under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (NI 9).
(5) The Secretary of State may by order amend Schedules 1 and 2.
[F4(6) Schedule 2A specifies certain terrorism offences, and other offences which may be determined to have a terrorist connection, for the purposes of various provisions of this Chapter and Chapter 4, and makes related provision.
(7) In this Chapter “serious terrorism offence” means—
(a)an offence within Part 2 of Schedule 2A (terrorism offences punishable with life imprisonment); or
(b)an offence within Part 3 of that Schedule (offences with possible terrorist connection punishable with life imprisonment) in respect of which a determination of terrorist connection is made.]
Textual Amendments
F1Words in art. 12(1) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 11(2)(a), 27(3) (with s. 25(5))
F2Words in art. 12(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 3(2)(a), 50(1)(a)
F3Words in art. 12(3) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 11(2)(b), 27(3) (with s. 25(5))
F4Art. 12(6)(7) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 3(2)(b), 50(1)(a)
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