Valid from 04/04/2005
Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I.24))E+W
74E+WThe Criminal Justice (Northern Ireland) Order 1996 is amended as follows.
75E+WIn Article 2 (interpretation) after paragraph (8) there is inserted—
“(9)For the purposes of this Order, a sentence falls to be imposed under paragraph (2) of Article 52A of the Firearms (Northern Ireland) Order 1981 if it is required by that paragraph and the court is not of the opinion there mentioned.”
76E+WIn Article 4 (absolute and conditional discharge), in paragraph (1), for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.
77E+WIn Article 10 (probation orders), in paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.
78(1)Article 13 (community service orders) is amended as follows.E+W
(2)In paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.
(3)In paragraph (4)(b) as it has effect pursuant to paragraph 7(1) of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements), for “such orders” there is substituted “ an unpaid work requirement of a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) ”.
79E+WIn Article 15 (orders combining probation and community service), in paragraph (1) for “(not being an offence for which the sentence is fixed by law)” there is substituted “ (not being an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981) ”.
80In Article 19 (restrictions on imposing custodial sentences), at the end of paragraph (1) there is inserted “or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981”.
81(1)In Article 20 (length of custodial sentences), at the end of paragraph (1) there is inserted “ or falling to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981 ”.
(2)In Article 24 (custody probation orders), in paragraph (1) for “other than one fixed by law” there is substituted “ , other than an offence for which the sentence is fixed by law or falls to be imposed under Article 52A(2) of the Firearms (Northern Ireland) Order 1981, ”.