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TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - LONG TITLE

[18th February 1976]4P ART I
[{2}the Crown Court]; and C >>( b ) the offender cannot forthwith
be brought before [{2}the Crown Court] because it is not being
held, B the warrant shall have effect as if it directed the
offender to be brought before a magistrates' court having
jurisdiction in the place where he is arrested. B>(4) Where an
offender is brought before a magistrates' court in pursuance of
paragraph (3), that court shall commit him in custody or on bail
to [{2}the Crown Court]. N Evidence the date on which a person was
discharged from prison or a young offenders centre; C >>( b ) the
sentence or term which the person was serving at the time of his
discharge, the offence in respect of which the sentence or term was
imposed and the date on which he was convicted of that offence; C
>>( c ) the date on which the person would, but for his discharge
in pursuance of prison rules, have been discharged from prison or a
young offenders centre, B shall be evidence of the matters so
specified. 4 P ART III ]
section 27 of the Theft Act (Northern Ireland) 1969.

(11) The Secretary of State, with the approval of the Minister for
the Civil Service as to numbers and salaries, may appoint suitable
persons to discharge the functions conferred by this Order on the
relevant officer.

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 8

8.(1) An offender in respect of whom a community service order is
in force shall

(a)report to the relevant officer and subsequently from time to time
notify him of any change of address; and

(b)perform for the number of hours specified in the order such work
at such times as he may be instructed by the relevant officer.

(2) Subject to Article 10(1), the work required to be performed
under a community service order shall be performed during the period
of twelve months beginning with the date of the order [; but,
unless revoked, the order shall remain in force until the offender
has worked under it for the number of hours specified in it.]

(3) The instructions given by the relevant officer under this
Article shall, so far as practicable, be such as to avoid any
conflict with the offender's religious beliefs and any interference
with the times, if any, at which he normally works or attends a
school or other educational establishment.

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 9

9.(1) If at any time while a community service order is in force
in respect of an offender it appears upon a complaint being made
to a justice of the peace acting for the petty sessions district
for the time being specified in the order that the offender has
failed to comply with any of the requirements of Article 8
(including any failure satisfactorily to perform the work which he
has been instructed to do), the justice may issue a summons
requiring the offender to appear at the place and time specified
therein, or may, if the complaint is in writing and substantiated
on oath, issue a warrant for his arrest.

(2) Any summons or warrant issued under this Article shall direct
the offender to appear or be brought before a court of summary
jurisdiction acting for the petty sessions district for the time
being specified in the community service order.

(3) If it is proved to the satisfaction of the court of summary
jurisdiction before which an offender appears or is brought under
this Article that he has failed without reasonable excuse to comply
with any of the requirements of Article 8 the court may, without
prejudice to the continuance of the order, impose on him a fine
not exceeding #50 or may

(a)if the community service order was made by a magistrates' court,
revoke the order and deal with the offender, for the offence in
respect of which the order was made, in any manner in which he
could have been dealt with for that offence by the court which
made the order if the order had not been made;

(b)if the order was made by [the Crown Court], commit him to
custody or release him on bail until he can be brought or appear
before [the Crown Court].

(4) A court of summary jurisdiction which deals with an offender's
case under paragraph (3)(b) shall send to [the Crown Court], a
certificate signed by a resident magistrate certifying that the
offender has failed to comply with the requirements of Article 8 in
the respect specified in the certificate, together with such other
particulars of the case as may be prescribed by magistrates' courts
rules; and a certificate purporting to be so signed shall be
admissible as evidence of the failure before [the Crown Court].

(5) Where by virtue of paragraph (3)(b) the offender is brought or
appears before [the Crown Court] and it is proved to the
satisfaction of the court that he has failed to comply with any of
the requirements of Article 8, that court may either

(a)without prejudice to the continuance of the order, impose on him
a fine not exceeding #50; or

(b)revoke the order and deal with him, for the offence in respect
of which the order was made, in any manner in which he could have
been dealt with for that offence by the court which made the order
if the order had not been made.

(6) A person sentenced under paragraph (3)(a) ... for an offence or
upon whom a fine has been imposed under paragraph (3) ... for
breach of any of the requirements of Article 8 shall have the like
right of appeal against that sentence or fine as if

(a)the court had immediately before passing that sentence or imposing
that fine convicted him; and

(b)the sentence or fine were a sentence passed upon that conviction;

(7) In proceedings before [the Crown Court] under this Article any
question whether the offender has failed to comply with the
requirements of Article 8 shall be determined by the court and not
by the verdict of a jury.

(8) A fine imposed under this Article shall be deemed for the
purposes of any enactment to be a sum adjudged to be paid by a
conviction.

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 10

10.(1) Where a community service order is in force in respect of
any offender and, on the application of the offender or the
relevant officer, it appears to a court of summary jurisdiction
acting for the petty sessions district for the time being specified
in the order that it would be in the interests of justice to do
so having regard to circumstances which have arisen since the order
was made, the court may extend, in relation to the order, the
period of twelve months specified in Article 8(2).

(2) Where such an order is in force and on any such application
it appears to a court of summary jurisdiction acting for the petty
sessions district so specified that, having regard to such
circumstances, it would be in the interests of justice that the
order should be revoked or that the offender should be dealt with
in some other manner for the offence in respect of which the order
was made, the court may

(a)if the order was made by a magistrates' court, revoke the order
or revoke it and deal with the offender for that offence in any
manner in which he could have been dealt with for that offence by
the court which made the order if the order had not been made;

(b)if the order was made by [the Crown Court], commit him to
custody or release him on bail until he can be brought or appear
before [the Crown Court];

[(2A) Where such an order is in force in respct of an offender
who is convicted by a magistrates' court of an offence punishable
with imprisonment and it appears, that, having regard to the
circumstances which have arisen since the order was made, it would
be in the interests of justice that the order should be revoked or
that the offender should be dealt with in some other manner for
the offence in respect of which the order was made, the court may

(a)if the order was made by a magistrates' court, revoke the order
or revoke it and deal with the offender for that offence in any
manner in which he could have been dealt with for that offence by
the court which made the order if the order had not been made;

(b)if the order was made by a Crown Court, commit him to custody
or release him on bail until he can be brought or appear before
the Crown Court;

[(3) Where an offender in respect of whom such an order is in
force

(a)is convicted of an offence before the Crown Court; or

(b)by virtue of paragraph (2)(b) or (2A)(b) is brought or appears
before the Crown Court,

(4) A person sentenced under paragraph (2)(a) [or (2A)(a)] for an
offence shall have the like right of appeal against that sentence
as if

(a)the court had immediately before passing it convicted him; and

(b)the sentence were a sentence passed upon that conviction,

(5) If a court of summary jurisdiction acting for the petty
sessions district for the time being specified in a community
service order is satisfied that the offender proposes to change, or
has changed, his residence from that petty sessions district to
another petty sessions district and

(a)the court has been notified that arrangements exist for persons
who reside in that other district to perform work under community
service orders; and

(b)it appears to the court that provision can be made under the
arrangements for him to perform work under the order;

(6) Where a community service order is amended by a court under
paragraph (5) the court shall send to the clerk of petty sessions
for the new district specified in the order a copy of the order,
together with such documents and information relating to the case as
it considers likely to be of assistance to a court acting for that
district in exercising its functions in relation to the order.

(7) Where a court of summary jurisdiction proposes to exercise its
powers under paragraph (1) or (2) otherwise than on the application
of the offender it shall summon him to appear before the court
and, if he does not appear in answer to the summons, may issue a
warrant for his arrest.

Art.11 amends s.4 of 1950 c.7 (NI)

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 12

12.(1) The Secretary of State may make rules for regulating the
performance of work under community service orders and the
arrangements made under Article 13 for persons to perform such work.

(2) Without prejudice to the generality of paragraph (1), rules may

(a)limit the number of hours' work to be done by a person under
such an order on any one day;

(b)make provision as to the reckoning of time worked under such
orders;

(c)make provision for the payment, with the approval of the
Treasury, of travelling and other expenses in connection with the
performance of work under such orders;

(d)provide for records to be kept of the work done by any person
under such an order.

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 13

13.(1) The Secretary of State may secure that arrangements are made
for persons to perform work under community service orders.

(2) Where in pursuance of this Article the Secretary of State
secures the making of such arrangements, he shall appoint a
committee (to be known as the "community service committee") to
superintend the working of the arrangements.

(3) For the purposes of any such arrangements as are mentioned in
paragraph (1), the Secretary of State shall have power

(a)with the approval of the Treasury,

(i)to provide accommodation, equipment, materials and transport;

(ii)to make payments to any society or body in respect of services
rendered by them;

(c)to defray travelling and other expenses in connection with the
performance of work by persons in respect of whom community service
orders are in force;

(b)with the approval of the Minister for the Civil Service, to
appoint such staff as are required.

(4) The Secretary of State may make rules

(a)regulating the constitution, procedure, powers and duties of the
community service committee;

(b)regulating, with the approval of the Treasury, the expenses which
may be incurred by the community service committee and the manner
in which those expenses are to be defrayed;

(c)regulating, with the approval of the Minister for the Civil
Service, the qualifications, manner of appointment, conditions of
service and duties of staff appointed under paragraph (3)(b).

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 14

14.(1) Subject to the provisions of this Article, [the Crown Court]
or a magistrates' court may defer passing sentence on an offender
for the purpose of enabling the court to have regard, in
determining his sentence, to his conduct after conviction (including,
where appropriate, the making by him of reparation for his offence)
or to any change in his circumstances.

(2) Any deferment under this Article shall be until such date as
may be specified by the court, not being more than six months
after the date of the conviction; and where the passing of sentence
has been deferred under this Article it shall not be further
deferred thereunder.

(3) The power conferred by this Article shall be exercisable only
if the offender consents and the court is satisfied, having regard
to the nature of the offence and the character and circumstances of
the offender, that it would be in the interests of justice to
exercise the power.

(4) A court which under this Article has deferred passing sentence
on an offender may pass sentence on him before the expiration of
the period of deferment if during that period he is convicted in
Northern Ireland of any offence.

(5) Where a court which under this Article has deferred passing
sentence on an offender proposes to sentence him, whether on the
date originally specified by the court or by virtue of paragraph
(4) before that date, it may issue a summons requiring him to
appear before the court, or may issue a warrant for his arrest.

(6) Nothing in this Article shall affect the power of [the Crown
Court] to bind over an offender to come up for judgment when
called upon or the power of any court to defer passing sentence
for any purpose for which it may lawfully do so apart from this
Article.

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 15

15.(1) A magistrates' court on summary conviction or [the Crown
Court] on conviction on indictment shall not pass a sentence of
imprisonment, ... or detention in a young offenders centre on [, or
make a training school order with respect to,] a person who is not
legally represented in that court and has not been previously
sentenced to that punishment by a court in any part of the United
Kingdom, unless either

(a)he applied for legal aid and the application was refused on the
ground that it did not appear his means were such that he required
assistance; or

(b)having been informed of his right to apply for legal aid and
had the opportunity to do so, he refused or failed to apply.

(2) In paragraph (1)(a) and (b) "legal aid" means legal aid for
the purposes of proceedings in that court, whether the whole
proceedings or the proceedings on or in relation to sentence.

(3) In the case of a person committed to [the Crown Court] for
trial, it is immaterial whether he applied for legal aid in [the
Crown Court] to, or was informed of his right to apply by, [that
court], or the court which committed him.

(4) For the purposes of this Article

(a)a person is to be treated as legally represented in a court if,
but only if, he has the assistance of counsel or a solicitor to
represent him in the proceedings in that court at some time after
he is found guilty and before he is sentenced;

(b)a previous sentence of imprisonment [or order for detention in a
young offenders centre] which has been suspended and which has not
taken effect under section 40 of the Criminal Justice Act 1967,
section 19 of the Treatment of Offenders Act (Northern Ireland) 1968
or section 23 of the Powers of Criminal Courts Act 1973 shall be
disregarded;

(c)"sentence of imprisonment" does not include a committal or
attachment for contempt of court; and

(d)"young offenders centre" means in relation to Great Britain a
detention centre.

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 16

16.(1) Without prejudice to section 11 of the Probation Act
(Northern Ireland) 1950 or to section 41 of the Prison Act
(Northern Ireland) 1953, the Secretary of State may, with the
approval of the Treasury,

(a)provide and maintain bail hostels and other establishments for use
in connection with the rehabilitation of offenders; or

(b)enter into arrangements with voluntary societies or other persons
whereby such societies or persons undertake, on such terms (including
terms as to payment by the Secretary of State to those societies
or persons of such sums as may be agreed upon) as may be
specified in the arrangements, to provide and maintain such
establishments as are mentioned in sub-paragraph (a).

(2) The Secretary of State may, with the approval of the Treasury,
give financial and other assistance to persons remanded on bail.

(3) The Secretary of State may make rules for the regulation,
management and inspection of bail hostels and other establishments
provided by the Secretary of State under this Article or in respect
of which arrangements have been entered into by the Secretary of
State under this Article.

(4) An inspector appointed by the Secretary of State to inspect any
such establishment as is mentioned in paragraph (1) shall, on
production if required of his credentials, have power at any
reasonable time to enter the establishment and to make such
investigation of the treatment of any persons residing there as he
thinks fit.

(5) Any person who obstructs any inspector in the exercise of the
powers conferred by paragraph (4) shall be liable on summary
conviction to a fine not exceeding #10.

Art.17 repeals s.14 of 1953 c.18 (NI)

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 18

18. Rules and orders made under this Order by the Secretary of
State (other than orders made under Article 1) shall be subject to
annulment in pursuance of a resolution of either House of Parliament
in like manner as a statutory instrument and section 5 of the
Statutory Instruments Act 1946 shall apply accordingly.

TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976 - SECT 19

19.(1) The transitional provisions set out in Schedule 1 shall have
effect.

Para.(2), with Schedule 2, effects amendments; para.(3), with Schedule
3, effects repeals

1. Where before 1st March 1976 a person is serving a sentence of
imprisonment, Article 3 shall not apply to him in relation to any
sentence of imprisonment to which he is subject immediately before
his discharge from prison unless he is discharged from prison at a
date earlier than his existing discharge date.

2. Where

(a)before 1st March 1976 a person is serving a sentence of
imprisonment; and

(b)that person is discharged from prison at a date later than his
earliest discharge date,

3. The said modification is that for the reference in Article 3(1)
and (3) to the date on which any sentence of imprisonment to which
a person was subject immediately before his discharge in pursuance
of prison rules would (but for his discharge) have expired there
shall be substituted a reference to the date on which the following
period expires, that is to say, three times the difference between

(a)two-thirds of the sentence of imprisonment (as pronounced by the
court) which the person was serving, at the date of his discharge,
and

(b)the amount of the said sentence of imprisonment actually served
at that date, added to any period taken into account under section
26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 in
computing the length of that sentence.

4. Where, in relation to any person, any period calculated in
accordance with paragraph 3 is six months or less, Article 3 shall
not apply to him in relation to any sentence of imprisonment to
which he is subject immediately before his discharge from prison.

Para.5 rep. by 1980 NI 10 art.4(3) sch.3

6. In this Schedule

"earliest discharge date" means the date on which the person in
question could be, or could have been, discharged from prison under
prison rules for the time being in force (disregarding any
transitional provisions in those rules) if they had always been in
force;

"existing discharge date" means the date on which the person in
question could have been discharged from prison under prison rules
in force immediately before 1st March 1976.

Schedule 2Amendments. Schedule 3Repeals

1968 c.29