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TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - LONG TITLE

An Act to amend the law with respect to the treatment of
offenders; and for purposes connected with the matters aforesaid.
[12th December 1968]
PART I

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 1

1.(1) Subject to subsections (2) and (3), and without prejudice to
any other enactment prohibiting or restricting the imprisonment of
persons of or below a specified age, a court shall not pass a
sentence of imprisonment on, or commit to prison for any default, a
person who has not attained twenty-one years of age.

(2) Nothing in subsection (1) shall affect the power of a court to
pass a sentence of imprisonment (where the court has power to pass
such a sentence) for a term of three years or more.

(3) Subsection (1) shall not apply in the case of a person who is
serving a sentence of imprisonment at the time when the court
passes sentence ....

(4) Nothing in subsection (1) shall affect the power of the
Minister of Home Affairs (in this Act referred to as "the
Minister") to commute to a term of imprisonment

Para.(a) rep. by 1980 NI 10 art.4(3) sch.3

(b)a term of detention in a young offenders centre under section
7(1)(b) of this Act.

Young offenders centres and remand centres.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 2

2. The powers exercisable by the Ministry of Home Affairs (in this
Act referred to as "the Ministry") under the Prison Act shall
include the provision, maintenance, administration, regulation and
management of

(a)young offenders centres, that is to say, places in which
offenders, who have been ordered to be detained therein under any
enactment, may be kept for suitable training and instruction; and

(b)remand centres, that is to say, places

(i)for the detention of persons not less than fourteen but under
twenty-one years of age who are either remanded or committed in
custody for trial; and

(ii)for the detention for any temporary purpose, or for the purpose
of providing maintenance, domestic and other services for that
centre, of any persons required to be detained in an institution to
which the Prison Act applies; and

(c)facilities in remand centres for the observation of any person
detained therein on whose physical or mental condition a medical
report may be desirable for the assistance of the court in
determining the most suitable method of dealing with his case;

Visiting committees for young offenders centres and remand centres.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 3

3. The Minister shall appoint for each young offenders centre and
remand centre a visiting committee of at least six members.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 4
Exercise of powers of release.

4. Any power conferred by or under any enactment to release a
person from a prison or other institution to which the Prison Act
applies may be exercised notwithstanding that he is not for the
time being detained in that prison or institution and a person
released by virtue of this section shall, after his release, be
treated in all respects as if he had been released from that
prison or institution.

Detention in, and supervision on release from, a young offenders
centre.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 5

5.(1) Where, after the commencement of section 1, a person of not
less than sixteen but under twenty-one years of age

(a)has been convicted (whether summarily or on indictment) of an
offence for which the court would, but for section 1, have power
to sentence him to imprisonment ...; or

(b)has been guilty of any default for which the court would, but
for section 1, have power to commit him to prison;

(i)the term for which he could have been, but for section 1,
sentenced to imprisonment or committed to prison; or

(ii)subject to subsections (2), (3) and (6), six months;

(2) If the court has reason to consider that a term of six months
detention in a young offenders centre would be insufficient
subsection (1) shall have effect as if the reference therein to a
term which shall not exceed six months were omitted.

(3) Where a person has previously served a sentence of Borstal
training or a sentence of imprisonment of three years or more,
subsection (1) shall have effect as if the reference therein to a
term which shall not exceed six months were a reference to a term
which shall not exceed eighteen months, or, if the court has reason
to consider that a term of eighteen months detention would be
insufficient, as if the reference in that subsection to a term
which may not exceed six months were omitted; and for the purposes
of this subsection a person shall be deemed to complete the service
of his sentence when he is released under supervision from a
Borstal institution or on licence from prison.

(4) Where a court imposes a term of detention exceeding six months
under subsection (2) or exceeding eighteen months under subsection
(3), it shall state the reason and cause it to be entered in the
record of the proceedings along with the sentence.

Subs.(5) rep. by 1976 NI 4 art.19(3) sch.3

(6) Nothing in this section shall be construed as empowering a
court to make an order for detention for a term of three years or
more.

S.6 rep. by 1976 NI 4 art.19(3) sch.3

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 7
Transfer of young offenders between institutions.

7.(1) The Minister may direct that a person under twenty-one years
of age detained in a young offenders centre

Para.(a) rep. by 1980 NI 10 art.4(3) sch.3

(b)be transferred to a prison, where that person is reported by a
visiting committee to the Minister to be incorrigible, or to be
exercising a bad influence on the other inmates of the centre; and
the Minister may commute the unexpired part of the term for which
that person is then liable to be so detained to a term of
imprisonment equivalent to the said unexpired part, and for the
purposes of the Prison Act and this Act that person shall be
treated as if he had been sentenced to imprisonment or committed to
prison and detained in prison from the date on which his sentence
began to run or, as the case may be, of his committal.

Subs.(2) rep. by 1980 NI 10 art.4(3) sch.3

(3) The Minister may, in the case of any person who is under
twenty-one years of age and who is serving a sentence of
imprisonment under which he would not normally be released within
the three months then next following or who has been committed to
prison, transfer that person to a young offenders centre and upon
such transfer such person may be detained for a term equal to the
unexpired part of his sentence or, as the case may be, of his
committal; and for the purposes of the Prison Act and this Act, he
shall be treated as if he had been ordered to be detained in a
young offenders centre and detained in such centre from the date on
which his period of detention began to run.

Subs.(4) rep. by 1980 NI 10 art.4(3) sch.3

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 8
Transfer to prison of persons over twenty-one and maximum age for
detention in a young offenders centre.

8.(1) Subject to the provisions of this section, where a person
ordered to be detained in a young offenders centre has attained the
age of twenty-one years, the Minister may transfer him to prison.

(2) No person shall be detained in a young offenders centre after
he has attained the age of twenty-three years, and accordingly any
person so detained shall, not later than the day immediately
preceding his twenty-third birthday, be transferred to prison; but
this subsection shall not apply to any person who is detained in a
young offenders centre

Para.(a) rep. by 1976 NI 4 art.19(3) sch.3; 1980 NI 10 art.4(3)
sch.3

(b)in pursuance of an order made by a court under ... [... Article
3 of the Treatment of Offenders (Northern Ireland) Order 1976].

(3) Where a person has been transferred to prison under this
section, he shall be treated for the purposes of the Prison Act
and this Act as if the order for detention made in relation to
him were a sentence of imprisonment or an order of committal, and
as if he had been detained in prison from the date on which his
sentence began to run or, as the case may be, of his committal.

Remand and committal of persons under twenty-one.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 9

9.(1) Where a court either remands or commits for trial a person
under twenty-one years of age who is charged with or convicted of
an offence and is not released on bail, then, except as otherwise
expressly provided by this section, the following provisions shall
have effect, that is to say

(a)if he is not less than seventeen years of age or if the court
certifies as mentioned in paragraph (b) he shall be committed to a
remand centre instead of being committed to prison;

(b)if he is not less than fourteen but under seventeen years of
age, he shall, subject to subsection (3), be committed to a remand
home instead of being committed to prison unless the court certifies
that he is of so unruly a character that he cannot safely be
detained in a remand home or his character is such that he is not
fit to be so detained.

Subs.(2) rep. by 1980 NI 10 art.4(3) sch.3

(3) Where a person not being less than fourteen but under seventeen
years of age is remanded in custody for an inquiry into his
physical or mental condition, and the court is satisfied that
facilities for such an inquiry during his detention in the remand
home to which he would, but for this subsection, have been
committed are not provided or otherwise made available under any
enactment, then he shall be committed to a remand centre.

Ss.1013 rep. by SLR 1980; 1980 NI 10 art.4(3) sch.3. S.14(1)(2)
rep. by SLR 1980; subs.(3) rep. by 1980 NI 10 art.4(3) sch.3;
subs.(4) spent; subs.(5) rep. by 1980 NI 10 art.4(3) sch.3

Ss.1517 rep. by 1976 NI 14 art.19(3) sch.3

Suspended sentence of imprisonment or order for detention in a young
offenders centre.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 18

18.(1) A court which passes a sentence of imprisonment for a term
of not more than two years or makes an order for detention in a
young offenders centre for a like term for an offence may order
that the sentence or order for detention shall not take effect
unless, during the period specified in the order, being not less
than one year or more than three years from the date of the
order, the offender commits in Northern Ireland another offence for
which the court has power, or would, but for section 1, have power
to sentence him to imprisonment, and thereafter a court having power
to do so orders under section 19 that the original sentence or
order for detention shall take effect; and in this section and
sections 19 to 21 "operational period" in relation to a suspended
sentence or order for detention means the period so specified.

(2) A court which passes or makes a suspended sentence or order
for detention on or in relation to any person for an offence shall
not make a probation order in his case in respect of another
offence

(a)of which he is convicted by or before that court; or

(b)for which he is dealt with by that court;

(3) On passing or making a suspended sentence or order for
detention the court shall explain to the offender in ordinary
language his liability under section 19 if during the operational
period he commits an offence for which the court has power, or
would, but for section 1, have power to sentence him to
imprisonment.

Subs.(4) rep. by 1980 NI 10 art.4(3) sch.3

(5) Subject to any provision to the contrary contained in this Act
or any enactment passed or instrument made under any enactment after
the commencement of this Act

(a)a suspended sentence or order for detention which has not taken
effect under section 19 shall be treated as a sentence of
imprisonment, or as the case may be, an order for detention in a
young offenders centre for the purposes of all enactments and
instruments made under enactments except any enactment or instrument
which provides for disqualification for or loss of office of persons
sentenced to imprisonment; and

(b)where a suspended sentence or order for detention has taken
effect under that section the offender shall be treated for the
purposes of the said excepted enactments and instruments as having
been convicted on the date on which the period allowed for making
an appeal against an order under that section would normally expire,
or if such an appeal is made, the date on which it is finally
disposed of or abandoned or fails for non-prosecution.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 19
Power of court on conviction of further offence to deal with
suspended sentence.

19.(1) Where an offender is convicted of a subsequent offence for
which the court has power, or would, but for section 1, have power
to sentence him to imprisonment, and the offence was committed
during the operational period of a suspended sentence or order for
detention and either he is so convicted by or before a court
having power under section 20 to deal with him in respect of the
suspended sentence or order for detention or he subsequently appears
or is brought before such a court, then, unless the sentence or
order has already taken effect, the court shall consider his case
and deal with him by one of the following methods

(a)the court may order that the suspended sentence or order for
detention shall take effect with the original term unaltered;

(b)it may order that the suspended sentence or order for detention
shall take effect with the substitution of a lesser term for the
original term;

(c)it may by order vary the original order under section 18 by
substituting for the period specified therein a period expiring not
later than three years from the date of the variation; or

(d)it may make no order with respect to the suspended sentence or
order for detention;

(2) Where a court orders that a suspended sentence or order for
detention shall take effect, with or without any variation of the
original term, the court may notwithstanding section 64 of the
Magistrates' Courts Act (Northern Ireland) 1964 order that that
sentence or order shall take effect immediately or that the term
thereof shall commence on the expiration of another term of
imprisonment or as the case may be, detention in a young offenders
centre, passed or ordered on the offender by that or another court.

(3) Where a court orders that an order for detention in a young
offenders centre, which has been suspended by an order made under
section 18(1) shall take effect, with or without variation of the
original term, the court shall, if the offender has attained the
age of twenty-one years or may, if he will have attained that age
at the time when the said order for detention takes effect, order
that the order for detention shall be treated as a sentence of
imprisonment.

(4) In proceedings for dealing with an offender in respect of a
suspended sentence or order for detention which take place before
[the Crown Court] any question whether the offender has been
convicted of an offence for which the court has power or would,
but for section 1, have power to sentence him to imprisonment,
committed during the operational period of the suspended sentence or
order for detention shall be determined by [the judge of the Crown
Court].

(5) Where a court other than the court which passed the suspended
sentence or order for detention deals with an offender under this
section the appropriate officer of the first-mentioned court shall
notify the appropriate officer of the second-mentioned court of the
method adopted.

(6) Where on consideration of the case of an offender a court
makes no order with respect to a suspended sentence or order for
detention, the appropriate officer of the court shall record that
fact.

(7) An order made by a magistrates' court under subsection (1)
shall, for the purposes of section 140 of the Magistrates' Courts
Act (Northern Ireland) 1964 (right of appeal), be deemed to be a
sentence passed on conviction upon a plea of guilty and the period
of fourteen days specified in section 144(1) of that Act shall be
deemed to commence on the date when the order under subsection (1)
was made.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 20
Court which shall deal with a suspended sentence or order for
detention.

20.(1) An offender may be dealt with in respect of a suspended
sentence or order for detention by [the Crown Court or], where the
sentence or order for detention was passed or made by a
magistrates' court, by any magistrates' court before which he appears
or is brought.

Subs.(2) rep. by 1978 c.23 s.122(2) sch.7

(3) Where an offender is convicted by a magistrates' court of an
offence for which the court has power or would, but for section 1,
have power to sentence him to imprisonment and the court is
satisfied that the offence was committed during the operational
period of a suspended sentence or order for detention passed or
made by [the Crown Court]

(a)the court may commit him in custody or on bail to [the Crown
Court] ... to be dealt with ... in respect of that sentence or
order; and

(b)if it does not, shall furnish written notice of the conviction
to the appropriate officer of the court by which the suspended
sentence or order for detention was passed or made.

Subs.(4) rep. by 1978 c.23 s.122(2) sch.7

(5) For the purposes of this section and section 21 a suspended
sentence or order for detention passed or made on or in relation
to an offender on appeal shall be treated as having been passed or
made by the court by which he was originally [tried].

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 21
Discovery of further offences.

21.(1) If an offender is convicted in Northern Ireland of an
offence for which the court has power, or would, but for section
1, have power to sentence him to imprisonment, committed during the
operational period of a suspended sentence or order for detention
and it appears to a justice of the peace having jurisdiction in
the county [court division] in which he was committed for trial or,
where the offence was not tried on indictment, where he is
convicted that he has not been dealt with in respect of the
suspended sentence or order for detention, the justice may issue a
summons requiring the offender to appear at the place and time
specified therein, or may, subject to the following provisions of
this section, issue a warrant for his arrest.

(2) Unless he is a [judge of the Crown Court] acting in
consequence of a notice under section 20 ... (3) a justice of the
peace shall not issue a summons under this section except on
complaint and shall not issue a warrant under this section except
on complaint in writing and on oath.

(3) A summons or warrant issued under this section shall direct the
offender to appear or to be brought before the court by which the
suspended sentence or order for detention was passed or made; but
if a warrant is so issued requiring him to be brought before [the
Crown Court] and he cannot forthwith be brought before that court
because the court is not being held, the warrant shall have effect
as if it directed him to be brought before a magistrates' court
having jurisdiction in the place where he is arrested and the
latter court shall commit him in custody or on bail to [the Crown
Court] ....

Abolition of sentence of corporal punishment.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 22

22. No person shall be sentenced by a court to corporal punishment,
by whatever name called; and so far as any enactment confers power
on a court to pass such a sentence, it shall cease to have
effect.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 23
Combination of disqualification or disability for motoring offences
with probation orders and orders for discharge.

23.(1) In section 8(2) of the Probation Act (Northern Ireland) 1950
(conviction of an offender placed on probation or discharged to be
disregarded for the purpose of enactments relating to
disqualification) the reference to any enactment which authorises or
requires the imposition of any disqualification or disability shall
not include a reference to any enactment contained in the Road
Traffic [(Northern Ireland) Order 1981], so, however, that where a
person fails to comply with the requirements of a probation order
or commits a further offence during the probation period or during
the period of conditional discharge, nothing in this subsection or
in the said Act of 1950 shall operate to confer power on any
court to extend a period for which that person was disqualified
under any provision of the said [Order of 1981] on his conviction
of the offence for which he was placed on probation or
conditionally discharged or to order that the offender shall be
disqualified for the last-mentioned offence.

(2) Section 8(1) of the said Act of 1950 (conviction of an
offender placed on probation or discharged shall not be deemed to
be a conviction for any other purpose) shall not apply to an
offence under any provision of the Road Traffic [(Northern Ireland)
Order 1981] where a person convicted of a second or subsequent
offence under that provision is subject to a longer minimum period
of disqualification, or is otherwise liable to be dealt with more
severely than a person convicted of a first offence under that
provision.

(3) In this section "disqualified" means disqualified from holding or
obtaining a [driving licence or a provisional licence as defined in
Article 2(2) of the Road Traffic (Northern Ireland) Order 1981].

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 24
Substitution of conditional discharge for probation.

24.(1) Where on an application made by an offender placed on
probation or a probation officer it appears to the court having
power to discharge a probation order made under section 1 of the
Probation Act (Northern Ireland) 1950 that the order is no longer
appropriate in the case of the offender, the court may make, in
substitution for the original probation order, an order discharging
him in respect of the original offence subject to the condition
that he commits no offence between the making of the order under
this section and the expiration of the probation period.

(2) A person in respect of whom an order is made under this
section shall so long as the said condition continues in force be
treated in all respects and in particular for the purposes of
section 6 of the said Act of 1950 (commission of further offence)
as if the original probation order made in his case had been an
order for conditional discharge made under section 5 of that Act by
the court which made that original order and as if the period of
conditional discharge were the same as the probation period.

(3) On the making of an order under this section the appropriate
officer of the court shall forthwith furnish sufficient copies
thereof to the probation officer, who shall deliver one copy to the
person in respect of whom the order is made and one copy to the
person in charge of any institution in which that person was
required by the probation order to reside.

Subs.(4) amends s.16 of 1950 c.7 (NI)

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 25
Miscellaneous provisions as to probation orders.

25.(1) The power of discharging a probation order conferred by
paragraph 1 of Schedule 2 to the Probation Act (Northern Ireland)
1950 on the court by or before which the offender placed on
probation was convicted, shall, except where that court is [the
Crown Court] and has included in the probation order a direction to
the contrary, be exercised instead by the supervising court within
the meaning of that Act.

(2) The power of discharging such an order conferred by virtue of
section 17(3) of the said Act of 1950, in a case where the order
is made on appeal, on the court from which the appeal is brought
shall, except where that court is [the Crown Court] and there is
included in the order a direction that the power should be reserved
to that court, be exercised instead by the supervising court within
the meaning of that Act.

(3) Where a magistrates' court has committed an offender placed on
probation in custody under section 4(3)(b) of the said Act of 1950
(committal to [Crown Court] on breach of probation order), that
court or any other magistrates' court acting for the same area as
that court may at any time before the first sitting of [the Crown
Court] to which he has been committed release him on bail (with or
without sureties) until he can appear before [the Crown Court] ....

(4) [The Crown Court] before which an offender placed on probation
appears or is brought and which is satisfied that he has failed to
comply with any of the requirements of the probation order may
instead of dealing with him under section 4(4)(b) of the said Act
of 1950 for the offence in respect of which the probation order
was made, impose on him a fine not exceeding [#50], without
prejudice, however, to the continuance of the probation order; and
the maximum fine which may be imposed by a magistrates' court under
section 4(3) of that Act for the like failure shall be [#50]
instead of ten pounds.

Subs.(5) repeals s.3(2)(3) of 1950 c.7 (NI)

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 26
Duration of sentence.

26.Subs.(1) rep. by 1978 c.23 s.122(2) sch.7

(2) The length of any sentence of imprisonment or term of detention
in a young offenders centre imposed on or ordered in relation to
an offender by a court shall be treated as reduced by any period
during which he was in custody by reason only of having been
committed in custody by an order of the court made in connection
with any proceedings ... relating to that sentence or order for
detention or the offence for which it was passed or made or any
proceedings from which those proceedings arose, but where the
offender was previously subject to a probation order [, a community
service order], an order for conditional discharge or a suspended
sentence or order for detention in respect of that offence, any
such period falling before the order was made or the suspended
sentence or order for detention was passed or made shall be
disregarded for the purposes of this section.

(3) For the purpose of this section a suspended sentence or order
for detention shall be treated as a sentence of imprisonment or, as
the case may be, an order for detention in a young offenders
centre when it takes effect under section 19 and as being imposed
or made by the order under which it takes effect.

(4) No period of custody shall be taken into account for the
purpose of reducing a term of imprisonment under this section unless
the whole of that period begins after the commencement of this Act.

(5) Any reference in this Act or any other enactment (whether
passed before or after the commencement of this Act) to the length
of any sentence of imprisonment or order for detention in a young
offenders centre shall, unless the context otherwise requires, be
construed as a reference to the sentence or order pronounced by the
court and not the sentence or order as reduced by this section.

S.27 amends s.41 of 1953 c.18 (NI)

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 28
Computation of term of imprisonment

28.Subs.(1) rep. by 1980 NI 10 art.4(3) sch.3

(2) In any enactment which provides for a period during which a
person is or is not detained in custody to be counted or not to
be counted as part of any term of imprisonment under his sentence
any reference to imprisonment shall be construed as including a
reference to detention in a young offenders centre.

S.29 rep. by 1976 NI 4 art.19(3) sch.3; 1978 c.23 s.122(2) sch.7;
1980 c.47 s.51(2) sch.5. S.30 amends s.8 of 1950 c.7 (NI). S.31
repeals s.13(5) of 1953 c.18 (NI)

Financial provisions.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 32

32. There may be defrayed out of moneys provided by [the Parliament
of the United Kingdom] any expenses incurred by the Ministry by
virtue of any provision of this Act and any increase attributable
to any provision of this Act in the sums which are required or
authorised to be so defrayed under any other enactment.

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 33
Interpretation.

33.(1) In this Act

"default" means failure to pay, or want of sufficient distress to
satisfy any fine or other sum of money, or failure to do or
abstain from doing anything required to be done or left undone;

"enactment" in sections 18(5), 26(5), 28(2) and 34 means any
statutory provision within the meaning of paragraph (f) of section 1
of the Interpretation Act (Northern Ireland) 1954;

"the Minister" has the meaning assigned to it by section 1(4);

"the Ministry" has the meaning assigned to it by section 2;

"order for detention" means an order for detention in a young
offenders centre made under section 5(1);

["the Prison Act" means the Prison Act (Northern Ireland) 1953;]

"remand centre" has the meaning assigned to it by section 2(b);

"remand home" has the same meaning as in the Children and Young
Persons Act (Northern Ireland) 1950;

"sentence" does not include a committal for default or the fixing
of a term to be served in the event of default, or a committal
or attachment for contempt of court;

"suspended sentence or order for detention" means a sentence or
order for detention to which an order under section 18(1) relates;

"young offenders centre" has the meaning assigned to it by section
2(a).

(2) For the purposes of any reference in [the Prison Act and] this
Act to a term of imprisonment or to a term of detention in a
young offenders centre, consecutive terms or terms which are wholly
or partly concurrent shall be treated as a single term.

(3) Where the age of any person at any time is material for the
purposes of any provision of this Act, his age at the material
time shall be deemed to be or to have been that which appears to
the court after considering any available evidence to be or to have
been his age at that time.

(4) For the purposes of any provisions of this Act referring to a
person who is serving or has served a sentence of any description,
the expression "sentence" includes

(a)in any case, a sentence of that description passed by a court
in the British Islands; and

(b)in the case of imprisonment, a sentence passed by a court-martial
[or a Standing Civilian Court established under the Armed Forces Act
1976] on a person found guilty of a civil offence (within the
meaning of the Army Act 1955, the Air Force Act 1955 or the Naval
Dicipline Act 1957).

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 34
Meaning of ""imprisonment'' in certain other Acts.

34. For the purpose of all enactments and instruments made under
enactments relating to disqualification for loss of office of persons
sentenced to imprisonment an order for detention in a young
offenders centre shall be deemed to be a sentence of imprisonment.

S.35(1), with Schedule 3, effects amendments; subs.(2) rep. by 1980
NI 10 art.4(3) sch.3; subs.(3), with Schedule 5, effects repeals;
subs.(4) rep. by 1980 NI 10 art.4(3) sch.3

TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 36
Short title and commencement.

36.(1) This Act may be cited as the Treatment of Offenders Act
(Northern Ireland)1968.

(2) This section shall come into operation on the passing of this
Act.

(3) The provisions of this Act, other than this section, shall come
into operation on such day or days as may be appointed by order
made by the Minister.

(4) Where an order is made under subsection (3) with respect to
any provision of this Act, any reference in that provision to the
commencement of this Act shall be construed as a reference to the
time at which that provision comes into operation.

Schedules 1, 2 rep. by 1976 NI 4 art.19(3) sch.3.