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The Criminal Justice (Northern Ireland) Order 2008
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The Criminal Justice (Northern Ireland) Order 2008, Section 30 is up to date with all changes known to be in force on or before 11 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Recall of prisoners released early under Article 19N.I.
This section has no associated Explanatory Memorandum
30.—(1) If it appears to the [F1Department of Justice], as regards a person released on licence under Article 19 (“P”)—
(a)that P has failed to comply with any condition included in the licence, or
(b)that P's whereabouts can no longer be electronically monitored at the place for the time being specified in the curfew condition included in the licence,
the [F1Department of Justice] may, if the curfew condition is still in force, revoke the licence and recall P to prison under this Article.
(2) P—
(a)shall, on returning to prison, be informed of the reasons for the revocation and of the right conferred by sub-paragraph (b); and
(b)may make representations in writing with respect to the revocation.
(3) The [F2Department of Justice], after considering any representations under paragraph (2)(b) or any other matters, may cancel the revocation of P's licence under this Article.
(4) Where the revocation of P's licence is cancelled under paragraph (3), P is to be treated for the purposes of Article 19 as not having been recalled to prison under this Article.
(5) On the revocation of P's licence, P shall be—
(a)liable to be detained in pursuance of P's sentence; and
(b)if at large, treated as being unlawfully at large.
Textual Amendments
F1Words in art. 30(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 25 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 30)
F2Words in art. 30(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 6(2), Sch. 5 para. 25 (with arts. 28-31); S.I. 2010/977, art. 1(2) (but this amendment cannot take effect until the commencement of S.I. 2008/1216, art. 30)
Commencement Information
I1Art. 30 in operation at 1.6.2015 by S.R. 2015/255, art. 2(d)
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