The Criminal Justice (Northern Ireland) Order 2008

Concurrent terms N.I.

32.—(1) This Article applies where—

(a) a person (“the offender”) has been sentenced by any court to two or more custodial sentences the terms of which are wholly or partly concurrent; and

(b) the sentences were passed on the same occasion or, where they were passed on different occasions, the person has not been released under this Chapter at any time during the period beginning with the first and ending with the last of those occasions

(2) Where this Article applies—

(a) nothing in this Chapter requires the [F1 Department of Justice] to release the offender in respect of any of the terms unless and until the [F1 Department of Justice] is required to release the offender in respect of each of the others;

(b) Article 17 does not authorise the [F1 Department of Justice] to release the offender on licence under that Article in respect of any of the terms unless and until that Article authorises the [F1 Department of Justice] to do so in respect of each of the others;

(c) on and after release under this Chapter the offender is to be on licence for so long, and subject to such conditions, as is required by this Chapter in respect of any of the sentences.

(3) Where the sentences include one or more sentences of 12 months or more and one or more sentences of less than 12 months, the terms of the licence may be determined by the [F1 Department of Justice] in accordance with Article 24(3)(b).

(4) Where a person has been sentenced to one or more custodial sentences and to one or more life sentences, nothing in this Chapter requires the [F1 Department of Justice] to release the person in respect of any of the custodial sentences unless and until the [F1 Department of Justice] is required to release him in respect of each of the life sentences.

Textual Amendments

F1 Words in art. 32 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. 27 (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement Information

I1 Art. 32 partly in operation; art. 32 not in operation at date Order made see art. 1(4); art. 32(1)(2)(a)(c)(4) in operation for certain purposes at 15.5.2008 by S.R. 2008/217, art. 2, Sch. (with transitory provision in art. 4); art. 32(1)(2)(4) in operation at 1.4.2009 in so far as not already in operation by S.R. 2009/120, art. 2, Sch. 1 (subject to Sch. 2 paras. 3, 4)