The Criminal Justice (Northern Ireland) Order 1996

Restriction on imposing sentences of imprisonment or detention on persons not legally represented N.I.

18.—(1) A magistrates' court on summary conviction or the Crown Court on conviction on indictment shall not pass a sentence of imprisonment or detention in a young offenders centre or a sentence of detention during the Secretary of State's pleasure under [F1 Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 on, or make a juvenile justice centre order]F2 with respect to, a person who is not legally represented in that court and has not been previously sentenced to that punishment by a court in any part of the United Kingdom, unless either—

(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or

(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(2) In paragraph (1)(a) and (b) “legal aid” means legal aid for the purposes of proceedings in that court, whether the whole proceedings or the proceedings on or in relation to sentence.

(3) In the case of a person committed to the Crown Court for trial, it is immaterial whether he applied for legal aid in the Crown Court to, or was informed of his right to apply by, that Court, or the court which committed him.

(4) For the purposes of this Article—

(a) a person is to be treated as legally represented in a court if, but only if, he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced;

(b) a previous sentence of imprisonment or order for detention in a young offenders centre which has been suspended and which has not taken effect under section 40 of the [1967 c. 80.] Criminal Justice Act 1967, section 19 of the [1968 c. 29 (N.I.).] Treatment of Offenders Act (Northern Ireland) 1968 or section 23 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 shall be disregarded; and

(c) “young offenders centre” means in relation to Great Britain a young offenders institution.

F1 1998 NI 9

F2 prosp. insertion by 2002 c. 26

Modifications etc. (not altering text)

C1 Art. 18(1) modified (temp. from 15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (Commencement No. 1 and Savings and Transitory Provisions) Order 2008 (S.R. 2008/ 217), {art. 4(a)}