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Mental Capacity Act (Northern Ireland) 2016

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

Commentary on Sections

Part 10 – Criminal Justice

Chapter 2 – Powers of Court on Conviction
Section 170 - Further provision about making of public protection orders

This section provides that a court may still make a public protection order in instances where an offender would otherwise be liable to be sentenced under Article 70(2) of the Firearms (NI) Order 2004, paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006, or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or section 7 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 – all of which would otherwise provide for minimum sentences on conviction.

Provision is also made that in cases where a public protection order is made, no custodial sentence, fine, or probation order may be made in respect of the offence, but the court may make any other order that it has power to make.

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