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The Criminal Justice (Northern Ireland) Order 2008
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The Criminal Justice (Northern Ireland) Order 2008, Section 26 is up to date with all changes known to be in force on or before 27 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)
Curfew condition to be included in licence under Article 19N.I.
This section has no associated Explanatory Memorandum
26.—(1) A licence under Article 19 shall include a curfew condition complying with this Article.
(2) Where—
(a)a licence under Article 19 is granted to a prisoner serving one or more determinate custodial sentences of less than 12 months and no determinate custodial sentence of 12 months or more, and
(b)the court in passing sentence requires the licence to be granted subject to a condition requiring compliance with a curfew requirement,
that condition shall not be included in the licence at any time while a curfew condition required by paragraph (1) is in force.
(3) For the purposes of this Chapter a curfew condition is a condition which requires the released person to remain for specified periods at a specified place; and in this Article “specified” means specified in the condition.
(4) Specified periods shall not amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
(5) The curfew condition is to remain in force until the date when the released person would (but for being released) fall to be released on licence under Article 17.
(6) A curfew condition may (but need not) include an electronic monitoring requirement.
(7) The [F1Department of Justice] may by order amend paragraph (4) by substituting for a number of hours specified there such other number of hours as may be specified in the order.
Textual Amendments
F1Words in art. 26(7) 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. 21 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 26)
Commencement Information
I1Art. 26(1) in operation at 1.6.2015 by S.R. 2015/255, art. 2(c)
I2Art. 26(2) in operation at 1.7.2015 by S.R. 2015/290, art. 2(d)
I3Art. 26(3)-(7) in operation at 1.6.2015 by S.R. 2015/255, art. 2(c)
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