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The Criminal Justice (Northern Ireland) Order 1996
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Orders combining probation and community serviceN.I.
15.—(1) Where a court by or before which a person of or over the age of 16 years is convicted of an offence punishable with imprisonment[F1 (not being an offence for which the sentence is fixed by law or falls to be imposed under[F2 Article 70(2)] of the Firearms (Northern Ireland) Order[F2 2004][F3 or paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006][F4 or Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008])] is of the opinion mentioned in paragraph (2), the court may make a combination order, that is to say, an order requiring him both—
(a)to be under the supervision of a probation officer for a period specified in the order, being not less than 12 months nor more than 3 years; and
(b)to perform unpaid work for a number of hours so specified, being in the aggregate not less than 40 nor more than 100.
(2) The opinion referred to in paragraph (1) is that the making of a combination order is desirable in the interests of—
(a)securing the rehabilitation of the offender; or
(b)protecting the public from harm from him or preventing the commission by him of further offences.
(3) Before making a combination order, the court shall—
(a)state in open court that it is of the opinion that Article 8(1) applies and why it is of that opinion; and
(b)explain to the offender in ordinary language why it is making a combination order.
(4) A magistrates' court shall cause a reason stated by it under paragraph (3) to be entered in the Order Book.
(5) Subject to paragraph (1) and to paragraph 6(6) of Schedule 2 a combination order shall be treated for the purposes of this Part as if it were a probation order (so far as it imposes requirements to be under the supervision of a probation order) and as if it were a community service order (so far as it imposes requirements to perform unpaid work).
F3Words in art. 15(1) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 2(11)(b)(iv); S.I. 2007/858, art. 2(i)(j)
F4Words in art. 15(1) inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 7(5); S.R. 2008/217, art. 2, Sch. (subject to saving in art. 3(1)(2)(b)(ii))
Modifications etc. (not altering text)
C1Art. 15(5) applied (1.4.2009) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 35(2); S.R. 2009/120, art. 2, Sch. 1 para. 15
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