[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]

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

© 1976 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/tooio1976424/s1976.html