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Northern Ireland Orders in Council |
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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> Statutory Instruments 1998 No. 2839 (N.I. 20) URL: http://www.bailii.org/nie/legis/num_orders/1998/19982839(02).html |
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| Statutory Instruments 1998 No. 2839 (N.I. 20) The Criminal Justice (Northern Ireland) Order 1998 - continued |
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Periodic reviews
(b) provide for each review of the order to be made, subject to paragraph (6), at a hearing held for the purpose by the court responsible for the order (a "review hearing"); (c) require the offender to attend each review hearing; (d) provide for the responsible officer to make to the court, before each review, a report in writing on the offender's progress under the order; and (e) provide for each such report to include the test results communicated to the responsible officer under Article 9(7)(c) and the views of the treatment provider as to the treatment and testing of the offender.
(2) At a review hearing the court, after considering the responsible officer's report, may amend any requirement or provision of the order.
(b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in Article 8(2), or to increase it above the maximum so specified; and (c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending.
(4) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may -
(b) deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.
(5) In dealing with the offender under paragraph (4)(b), the court -
(b) may impose a custodial sentence notwithstanding anything in Article 19(2) of the Criminal Justice (Northern Ireland) Order 1996.
(6) If at a review hearing the court, after considering the responsible officer's report, is of the opinion that the offender's progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
(b) so amend the order as to provide for each subsequent review to be made at a review hearing.
(9) In this Article any reference to the court, in relation to a review without a hearing, shall be construed -
(b) in the case of a court of summary jurisdiction, as a reference to a resident magistrate acting for the petty sessions district for which the court acts.
Supplementary provisions as to orders
(b) the consequences which may follow (under Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996) if he fails to comply with any of those requirements; (c) that the order may be reviewed (under that Schedule) on the application either of the offender or of the responsible officer; and (d) that the order will be periodically reviewed at intervals as provided for in the order (by virtue of Article 10);
and the court shall not make the order unless the offender expresses his willingness to comply with its requirements.
(b) to the treatment provider; and (c) to the responsible officer.
(4) Where a drug treatment and testing order has been made on an appeal brought from a court of summary jurisdiction, or from the Crown Court, or from the Court of Appeal, for the purposes of Articles 9 and 10 it shall be deemed to have been made by a court of summary jurisdiction or, as the case may require, the Crown Court. 1. Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (enforcement etc. of community orders) shall be amended as follows. 2. - (1) In paragraph 1 (preliminary) -
(b) at the end insert the following sub-paragraphs -
(3) Where a drug treatment and testing order has been made on an appeal brought from a court of summary jurisdiction, or from the Crown Court, or from the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by a court of summary jurisdiction or, as the case may require, the Crown Court.".
3. In paragraph 2(2) (issue of summons or warrant), for "before a court of summary jurisdiction acting for the petty sessions district concerned" substitute -
(b) in the excepted case, before the court responsible for the order.".
4.
In paragraph 4(1) (powers of Crown Court), after "Where" insert "under paragraph 2 or".
(b) is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,".
6.
In paragraph 7 (revocation of order by a court of summary jurisdiction) -
(b) in sub-paragraph (3) -
(ii) after "supervision" insert "or, as the case may be, treatment".
7.
In paragraph 8 (revocation of order by Crown Court) -
(b) the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made.";
(b) in sub-paragraph (3) -
(ii) after "supervision" insert "or, as the case may be, treatment".
8.
For paragraph 9(1)(a) (revocation of order following custodial sentence), substitute -
(ii) where the relevant order is a drug treatment and testing order, by a court of summary jurisdiction which is not responsible for the order; and".
9.
In paragraph 12(1) (amendment by reason of change of residence), after "a relevant order" insert "(other than a drug treatment and testing order)". 14A. - (1) Without prejudice to the provisions of Article 10(2), (7) and (9) of the Criminal Justice (Northern Ireland) Order 1998, the court responsible for a drug treatment and testing order may by order -
(b) amend the order on an application by that officer under sub-paragraph (3)(c).
(2) Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled -
(b) that officer shall apply to the court for the variation or cancellation of the requirement.
(3) Where the responsible officer is of the opinion -
(b) that any other requirement of the order, or a provision of the order, should be varied or cancelled; or (c) that the order should be so amended as to provide for each subsequent review under Article 10 of the Criminal Justice (Northern Ireland) Order 1998 to be made without a hearing instead of at a review hearing, or vice versa,
he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.
(b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in Article 9(2) of the Criminal Justice (Northern Ireland) Order 1998 or to increase it above the maximum so specified.
(5) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may -
(b) deal with him for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.
(6) In dealing with the offender under sub-paragraph (5)(b), the court -
(b) may impose a custodial sentence notwithstanding anything in Article 19(2) of this Order.
(7) In this paragraph -
11.
In paragraph 16 (order not to be amended pending appeal), after "paragraph 13 or 15" insert "or, except with the consent of the offender, under paragraph 14A".
(b) after sub-paragraph (1) insert the following sub-paragraph -
13. In Article 2(2) (interpretation) -
14.
In Article 9(3) (procedural requirements for community sentences) after sub-paragraph (a) insert -
15.
In Article 17(3) (regulation of community orders) for "and" after sub-paragraph (a) substitute -
16.
For Article 19(3) (restrictions on imposing custodial sentences) substitute -
(b) a requirement which is proposed by the court to be included in a drug treatment and testing order or an order under Article 8(5) of the Criminal Justice (Northern Ireland) Order 1998.".
17.
In paragraph 5 of Schedule 1 (additional requirements for probation orders) the words "drugs or" in each place where they occur shall cease to have effect. (This note is not part of the Order) This Order is made only for purposes corresponding to those of sections 2 to 4, 34, 47(5), 57, 61 to 64 and 85 of the Crime and Disorder Act 1998. The Order -
(b) enables youth courts to proceed with a trial notwithstanding that it has committed the accused for trial for another offence or that the accused is charged with another offence; (c) makes provision for the use of live television links at preliminary investigations and inquiries; and (d) makes further provision with respect to the treatment of offenders by sex offender orders and drug treatment and testing orders.
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| © Crown copyright 1998 | Prepared
2 December 1998
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