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The Criminal Justice (Northern Ireland) Order 2008
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Changes over time for: Section 49
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The Criminal Justice (Northern Ireland) Order 2008, Section 49 is up to date with all changes known to be in force on or before 04 January 2025. 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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Changes and effects yet to be applied to Article 49:
- Sch. 2 Pt. 1 para. 31A renumbered as 31(B) by 2022 c. 19 (N.I.) Sch. 4 para. 3(a)
- art. 19(1A) inserted by 2015 c. 9 (N.I.) s. 82
- art. 45(1A) inserted by 2011 c. 24 (N.I.) s. 58(2)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2 Pt. 1 para. 31A renumbered as 31(B) by 2022 c. 19 (N.I.) Sch. 4 para. 3(a)
- art. 19(1A) inserted by 2015 c. 9 (N.I.) s. 82
- art. 45(1A) inserted by 2011 c. 24 (N.I.) s. 58(2)
Interpretation of this PartN.I.
This section has no associated Explanatory Memorandum
49.—(1) In this Part—
“agencies” means—
(a)
the Police Service of Northern Ireland;
(b)
the Probation Board for Northern Ireland;
(c)
the Department of Education;
(d)
the Department for Employment and Learning;
(e)
the Department of Health, Social Services and Public Safety;
(f)
the Department for Social Development;
(h)
Education and Library Boards;
(i)
the Northern Ireland Housing Executive;
(j)
the National Society for the Prevention of Cruelty to Children;
[F3“child” means a person under the age of 18;
“conviction” includes—
(i)
a conviction by or before a court outside Northern Ireland;
(ii)
any finding (other than a finding linked with a finding of insanity) in any criminal proceedings that a person has committed an offence or done the act or made the omission charged;
(iii)
a caution given to a person in respect of an offence which, at the time when the caution was given, the person has admitted;]
“serious harm” means death or serious personal injury, whether physical or psychological;
“specified” means specified in guidance under Article 50.
[F4“relevant previous conviction”, in relation to a person, means a conviction for a sexual or violent offence by reason of which the person falls within a specified description of persons;]
(2) The Secretary of State may by order amend the definition of “agencies” in paragraph (1).
Textual Amendments
F1Words in art. 49(1)(g) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 226(4); S.R. 2022/102, art. 2(b)
F2Words in Order substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F3Words in art. 49(1) inserted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(2)(a), 106(2); S.R. 2016/136, art. 2(a)
F4Words in art. 49(1) inserted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(2)(b), 106(2); S.R. 2016/136, art. 2(a)
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