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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.

© 1968 Crown Copyright

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