The Criminal Justice (Northern Ireland) Order 1996

Orders combining probation and community service N.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).

F1 2003 c. 44

F2 2004 NI 3

F3 Words 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)

F4 Words 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)

C1 Art. 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