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Justice Act (Northern Ireland) 2011

Justice Act (Northern Ireland) 2011

2011 CHAPTER 24

Commentary on Sections

Part 1: Victims and Witnesses

Chapter 1 - The Offender Levy
Section 4: Offender levy imposed by court: other supplementary provisions

Section 4 states that a court cannot, at the point of sentencing, set a default period of imprisonment for non-payment of the offender levy. When a fine and an offender levy are imposed together, any payment made will first discharge the levy. If an offender defaults on paying a fine and is imprisoned, or given a supervised activity order, the court may remit such part of the levy which remains outstanding. Where an offender has been given a determinate sentence of imprisonment or detention (which is not suspended) and has made payments towards discharging the levy through deductions from earnings whilst in prison, any outstanding levy amount will be discharged by statute on the full expiry of their sentence i.e. when they are no longer eligible for recall to custody for deductions from prison earnings to recommence.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

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