The Criminal Justice (Children) (Northern Ireland) Order 1998

[F1 [F2 Revocation, amendment and extension of relevant order N.I.

F1 2002 c. 26

F2 2002 c. 26

5— (1) If, while a relevant order is in force in respect of an offender, it appears to the relevant court, on the application of the responsible officer or the offender, that it is appropriate to do so, the court may— N.I.

(a) make an order revoking the relevant order;

(b) make an order amending the relevant order; or

(c) make an order extending the period specified in Article 3C(5), 36C(3)(b) or 36G(4).

(2) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The relevant court may make an order under paragraph (c) of sub-paragraph (1) whether or not it also makes an order under paragraph (b) of that sub-paragraph.

(4) An order under sub-paragraph (1)(b) may amend a relevant order by—

(a) cancelling any provision of it; or

(b) inserting in it (either in addition to or in substitution for any of its provisions) any provision which the relevant court could include if it were then making the order.

(5) The relevant court must not make an order under sub-paragraph (1)(b) or (c) unless the offender consents.

(6) But sub-paragraph (5) does not apply to an order—

(a) cancelling a requirement of the relevant order;

(b) reducing the period of any requirement;

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) substituting a new responsible officer for the one specified in the relevant order.

(7) The relevant court must not make an order under sub-paragraph (1) amending a youth conference order on the application of the offender unless the relevant court has consulted the responsible officer.

(8) The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a reparation order or youth conference order which affects any action required to be taken by the offender in relation to another person unless that other person agrees.

(9) The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a youth conference order which affects any action falling to be taken by a person other than the offender unless that person agrees.

(10) Where an application under sub-paragraph (1)(a) for the revocation of a relevant order is dismissed, no further application for its revocation may be made under that sub-paragraph by any person except with the consent of the relevant court.]]

F3 Sch. 1A para. 5(2) omitted (6.10.2008) by virtue of Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 48(9); S.R. 2008/383, art. 2, Sch. (further repealed (1.4.2009) by S.R. 2009/120, art. 2, Sch. 1 para. 19(c))

F4 Sch. 1A para. 5(6)(c) repealed (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 115(10)(b), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(m) (with art. 3)