- Latest available (Revised)
- Original (As enacted)
Northern Ireland (Sentences) Act 1998, Section 5 is up to date with all changes known to be in force on or before 17 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)If the length of a sentence is treated as reduced by a period of custody in accordance with section 26 of the M1Treatment of Offenders Act Northern Ireland) 1968 (duration of sentence) for the purposes of section 4(1) above the period of custody must be treated as having been served as part of the sentence.
(2)If a sentence of at least five years is supplemented by a period of imprisonment in accordance with [F1section 80(2) of the Terrorism Act 2000] (conviction of scheduled offence during period of remission) for the purposes of section 4(1) above the supplementary period must be treated as part of the sentence.
(3)If—
(a)a sentence of less than five years is supplemented by a period of imprisonment in accordance with [F2section 80(2) of the 2000 Act], and
(b)the supplementary period relates to an earlier sentence of at least five years for a qualifying offence (within the meaning of section 3 above),
the prisoner may make an application under section 3 in respect of the supplementary period and the application shall be granted if (and only if) the second and third conditions are satisfied.
(4)References in this section to [F3section 80(2) of the 2000 Act] include references to—
(a)section 23(2) of the M2Prevention of Terrorism (Temporary Provisions) Act 1989, and
(b)section 15(2) of the M3Northern Ireland (Emergency Provisions) Act 1991 [F4, and.
(c)section 16(2) of the M4Northern Ireland (Emergency Provisions) Act 1996.]
Textual Amendments
F1Words in s. 5(2) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 16(2)(a); S.I. 2001/421, art. 2
F2Words in s. 5(3)(a) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 16(2)(b); S.I. 2001/421, art. 2
F3Words in s. 5(4) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 16(2)(c); S.I. 2001/421, art. 2
F4S. 5(4)(c) and word “and” preceding it inserted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 16(2)(d); S.I. 2001/421, art. 2
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: