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The Criminal Justice (Children) (Northern Ireland) Order 1998
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- Northern Ireland Orders in Council
- 1998 No. 1504 (N.I. 9)
- SCHEDULE 1A
- Re-sentencing for breach
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[F1[F2Re-sentencing for breachN.I.
4—[F3(1) The relevant court may (instead of making an order under paragraph 3)—N.I.
(a)revoke the order (if it is still in force); and
(b)deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by or before the court.]
(5) In proceedings before the Crown Court under [F4this paragraph] any question whether the offender has failed to comply with the requirements of the relevant order is to be determined by the Crown Court and not by the verdict of a jury.
(6) In dealing under this paragraph with an offender who has wilfully and persistently failed to comply with a requirement, [F5the relevant court may] assume that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent or a youth conference order.]]
F3Sch. 1A para. 4(1) substituted (6.10.2008) for Sch. 1A para. 4(1)-(4) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 48(6); S.R. 2008/383, art. 2, Sch.
F4Words in Sch. 1A para. 4(5) substituted (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 48(7); S.R. 2008/383, art. 2, Sch.
F5Words in Sch. 1A para. 4(6) substituted (6.10.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 48(8); S.R. 2008/383, art. 2, Sch.
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