[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 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.

© 1976 Crown Copyright

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