Criminal Justice (Northern Ireland) Order 1994 (SI 1994/2795 (N.I.15), as amended up to July 25, 2019), المملكة المتحدة, WIPO Lex

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بالإنكليزية Criminal Justice (Northern Ireland) Order 1994 (SI 1994/2795 (N.I.15), as amended up to July 25, 2019)

Criminal Justice (Northern Ireland) Order 1994, SI 1994/2795 (N.I.15)(as amended up to July 25, 2019)

Changes to legislation: The Criminal Justice (Northern Ireland) Order 1994 is up to date with all changes known to be in force on or before 25 July 2019. There are changes that may be brought into force at a future date. Changes that have been

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

STATUTORY INSTRUMENTS

1994 No. 2795 (N.I. 15)

The Criminal Justice (Northern Ireland) Order 1994

- - - - - - 2nd November 1994

PART I INTRODUCTORY

Title and commencement

1.—(1) This Order may be cited as the Criminal Justice (Northern Ireland) Order 1994. (2) This Order shall come into operation on such day or days as the Secretary of State may by

order appointF1.

F1 fully exercised SR 1994/446

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order— “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation; “relevant provision” means a provision contained in— (a) an Act of the Parliament of the United Kingdom; (b) an Act of the Parliament of Ireland; (c) an Act of the Parliament of Northern Ireland; (d) an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions)

Act 1972F3; (e) an Order in Council under Schedule 1 to the Northern Ireland Act 1974; “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954. Para. (3) rep. by 1999 c.23

F2 1954 c. 33 (NI)

Document Generated: 2019-07-25 Changes to legislation: The Criminal Justice (Northern Ireland) Order 1994 is up to date with all changes known to be in force on or before 25 July 2019. There are changes that may be brought into force at a future date. Changes that have been

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F3 1972 c. 22

PART II FINES AND PENALTIES

Financial and other penalties

Increase of certain maxima

3.—(1) In Article 4(8) of the Fines and Penalties (Northern Ireland) Order 1984F4 (maximum fine on summary conviction of an offence punishable on conviction on indictment or on summary conviction), in the definition of “prescribed sum” for “£2,000” there shall be substituted “£5,000”.

(2) For Article 5(2) of the Fines and Penalties (Northern Ireland) Order 1984 (standard scale of fines) there shall be substituted—

“(2) The standard scale is shown below—

Level on the scale Amount of fine 1 £200

2 £500

3 £1,000

4 £2,500

5 £5,000” .

Para. (3) rep. by 1998 NI 9

(4) In the Magistrates' Courts (Northern Ireland) Order 1981F5

(a) in Article 54(1)(b)(i) (fine in lieu of imprisonment), for “£400” there shall be substituted “level 3 on the standard scale”;

(b) in Article 119(1) (penalty for failure to appear or failure to comply), for “£50” there shall be substituted “level 4 on the standard scale”.

(5) In the statutory provisions specified in column 1 of Schedule I (the general description of which is given in column 2 of that Schedule), for the amount specified in column 3 of that Schedule there shall be substituted the amount specified in column 4 of that Schedule.

F4 1984 NI 3 F5 1981 NI 26

Period of imprisonment for default

4.—(1) In section 35 of the Criminal Justice Act (Northern Ireland) 1945F6 (powers of Crown Court or county courts in relation to fines and forfeited recognizances) for subsection (2) there shall be substituted—

“(2) The periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention which may be fixed under subsection (1) (c) applicable respectively to the amounts set out opposite thereto—

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

TABLE

An amount not exceeding £200 7 days

An amount exceeding £200 but not exceeding £500

14 days

An amount exceeding £500 but not exceeding £1,000

28 days

An amount exceeding £1,000 but not exceeding £2,500

45 days

An amount exceeding £2,500 but not exceeding £5,000

3 months

An amount exceeding £5,000 but not exceeding £10,000

6 months

An amount exceeding £10,000 but not exceeding £20,000

12 months

An amount exceeding £20,000 but not exceeding £50,000

18 months

An amount exceeding £50,000 but not exceeding £100,000

2 years

An amount exceeding £100,000 but not exceeding £250,000

3 years

An amount exceeding £250,000 but not exceeding £1 million

5 years

An amount exceeding £1 million 10 years” .

(2) For the Table in paragraph 1 of Schedule 3 to the Magistrates' Courts (Northern Ireland) Order 1981F7 (maximum periods of imprisonment for default in paying sums adjudged to be paid by a conviction), there shall be substituted the following Table—

“TABLE

An amount not exceeding £200 7 days

An amount exceeding £200 but not exceeding £500 14 days

An amount exceeding £500 but not exceeding £1,000 28 days

An amount exceeding £1,000 but not exceeding £2,500

45 days

An amount exceeding £2,500 but not exceeding £5,000

3 months

An amount exceeding £5,000 but not exceeding £10,000

6 months

An amount exceeding £10,000 12 months”.

F6 1945 c. 15 (NI) 3

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F7 1981 NI 26

Fines on companies

5.—(1) After section 35(4) of the Criminal Justice Act (Northern Ireland) 1945F8 (powers of Crown Court or county courts in relation to fines and forfeited recognizances) there shall be inserted —

“(4A) Where— (a) the Crown Court has imposed a fine on a company; and (b) the court has issued a warrant of distress under section 3 of the Fines Act (Ireland)

1851 for the purpose of levying the amount of the fine; and (c) it appears on the return to the warrant that the money and goods of the company

are insufficient to satisfy the amount of the fine with the costs and charges of levying the same,

the chief clerk may make an application in relation to the company under Article 22 or 104 of the Insolvency (Northern Ireland) Order 1989 (administration or winding up).”

(2) After Article 92 of the Magistrates' Courts (Northern Ireland) Order 1981F9 there shall be inserted—

“Fines imposed on companies

92A.—(1) Where— (a) a magistrates' court has, or is treated by any statutory provision as having, adjudged

a company by a conviction to pay a sum; and (b) the court has issued a warrant of distress under Article 92(1)(a) for the purpose of

levying the sum; and (c) it appears on the return to the warrant that the money and goods of the company are

insufficient to satisfy the sum with the costs and charges of levying the same, the clerk of petty sessions may make an application in relation to the company under Article 22 or 104 of the Insolvency (Northern Ireland) Order 1989 (administration or winding up).”.

F8 1945 c. 15 (NI) F9 1981 NI 26

Maximum fines under instruments

Fines on summary conviction for offences punishable on indictment or on summary conviction under instruments

6.—(1) For any offence punishable on conviction on indictment or on summary conviction being an offence created by an instrument made before the coming into operation of this Article under any relevant provision, the maximum fine which may be imposed on summary conviction shall by virtue of this paragraph be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.

(2) Where apart from this Article the maximum fine would be one amount in the case of a first conviction and a different amount in the case of a second or subsequent conviction, paragraph (1) shall apply irrespective of whether the conviction is a first, second or subsequent one.

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(3) Paragraph (1) shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine of a specified amount or to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

(4) Where there is under any relevant provision (however framed or worded) passed or made before the coming into operation of this Article a power by instrument to impose penal provisions, being a power which allows the creation of offences punishable on conviction on indictment or on summary conviction, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of such an offence shall by virtue of this paragraph be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of a relevant provision passed or made before the coming into operation of this Article.

(5) Where there is under any relevant provision (however framed or worded) passed or made before the coming into operation of this Article a power by instrument to create offences punishable on conviction on indictment or on summary conviction, the maximum fine for such an offence so created may be expressed as a fine not exceeding the statutory maximum.

(6) Paragraph (5) has effect in relation to exercises of powers before as well as after the coming into operation of this Article.

(7) An Order in Council under— (a) section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972F10; or (b) Schedule 1 to the Northern Ireland Act 1974F11 (including this Order);

is not an instrument for the purposes of this Article.

F10 1972 c. 22 F11 1974 c. 28

Offences punishable on summary conviction only under instruments—conversion of references to amounts to references to levels on standard scale

7.—(1) Where under an instrument to which this paragraph applies the maximum fine on conviction of an offence punishable on summary conviction only specified in the instrument is an amount shown in the second column of the standard scale the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.

(2) Paragraph (1) applies to any instrument, not being an Order in Council under Schedule 1 to the Northern Ireland Act 1974F12, made after 31st August 1984 and before the coming into operation of this Article under any relevant provision.

(3) Paragraph (1) shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

(4) Where there is— (a) subject to paragraph (6), under any relevant provision (however framed or worded) passed

or made before the coming into operation of this Article, (b) under any instrument (however framed or worded) made under such a relevant provision,

a power by instrument to provide that a person, as regards any offence punishable on summary conviction only (whether or not created by the instrument), shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(5) Paragraph (4) has effect in relation to exercises of powers before as well as after the coming into operation of this Article.

(6) An Order in Council under— (a) section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972F13; or (b) Schedule 1 to the Northern Ireland Act 1974;

shall not be an instrument for the purposes of paragraph (4)(a).

F12 1974 c. 28 F13 1972 c. 22

Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale

8.—(1) Where in any instrument made— (a) under any relevant provision; or (b) under an instrument made under any relevant provision,

a harbour authority may provide that a person, as regards any offence punishable on summary conviction only (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this Article to making him liable to a fine not exceeding level 4.

(2) Where any relevant provision or instrument made under any relevant provision ( “the enabling legislation”) (however expressed) provides that a person who contravenes any provision of an instrument ( “a regulatory instrument”) made by a harbour authority—

(a) under the enabling legislation; or (b) under an instrument made under the enabling legislation,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this Article enable the harbour authority to provide in a regulatory instrument that a person, as regards any such offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.

(3) In this Article “harbour authority” has the same meaning as in section 38(1) of the Harbours Act (Northern Ireland) 1970F14.

F14 1970 c. 1 (NI)

Miscellaneous

Power to alter certain specified sums

9. For paragraphs (4) and (5) of Article 17 of the Fines and Penalties (Northern Ireland) Order 1984F15 there shall be substituted—

“(4) The Secretary of State may by order amend a statutory provision specifying a sum to which this paragraph applies so as to substitute for that sum such other sum as appears to him—

(a) to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(b) to be appropriate to take account of an order which has been made or is proposed to be made altering the statutory maximum or, as the case may be, the standard scale.

(5) Paragraph (4) applies to— (a) any sum which is specified as—

(i) the maximum fine which may be imposed on summary conviction in respect of an offence punishable on indictment or on summary conviction; and

(ii) is higher than the statutory maximum; (b) any sum which is specified as—

(i) the maximum fine which may be imposed on conviction of an offence punishable on summary conviction only; and

(ii) is higher than level 5 on the standard scale.” .

F15 1984 NI 3

Alteration of certain penalties

10.—(1) In section 41 of the Foyle Fisheries Act (Northern Ireland) 1952F16 (penalty for pollution) —

(a) in subsection (1) for the words from “on summary conviction” onwards there shall be substituted—

“(a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine or to imprisonment for a term not

exceeding 2 years or to both.” ; (b) F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 47 of the Fisheries Act (Northern Ireland) 1966F18 (penalty for pollution)— (a) in subsection (1) for the words from “on summary conviction” onwards there shall be

substituted— “(a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine or to imprisonment for a term not

exceeding 2 years or to both.” ; (b) after subsection (1) there shall be inserted—

“(1A) If in the case of a continuing offence under subsection (1), the offender continues to contravene that subsection, he shall be guilty of a further offence and shall be liable on summary conviction to an additional fine not exceeding one-twentieth of level 5 on the standard scale for each day on which the offence is continued.” .

(3) In Article 3(4) of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (penalties for bomb hoaxes)—

(a) in sub-paragraph (a) for the words from “three months” onwards there shall be substituted “6 months or to a fine not exceeding the statutory maximum or to both”;

(b) in sub-paragraph (b) for “five years” there shall be substituted “7 years or to a fine or to both”.

F16 1952 c. 5 (NI)

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F17 Art. 10(1)(b) repealed (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 34(2), Sch. 3 (with art. 32); S.R. 2008/232, art. 2, Sch.

F18 1966 c. 17 (NI)

Forfeiture

Power to deprive offenders of property used, or intended for use, for purposes of crime

11.—(1) Subject to the following provisions of this Article, where a person is convicted of an offence and—

(a) the court by or before which he is convicted is satisfied that any property which has been lawfully seized from him or which was in his possession or under his control at the time when he was apprehended for the offence or when a summons in respect of it was issued—

(i) has been used for the purpose of committing, or facilitating the commission of, any offence; or

(ii) was intended by him to be used for that purpose; or (b) the offence, or an offence which the court has taken into consideration in determining his

sentence, consists of unlawful possession of property which— (i) has been lawfully seized from him; or

(ii) was in his possession or under his control at the time when he was apprehended for the offence of which he has been convicted or when a summons in respect of that offence was issued,

the court may make an order under this Article in respect of that property, and may do so whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in a relevant provision.

(2) In considering whether to make such an order in respect of any property a court shall have regard—

(a) to the value of the property; and (b) to the likely financial and other effects on the offender of the making of the order (taken

together with any other order that the court contemplates making). (3) Where a person commits an offence to which this paragraph applies by—

(a) driving, attempting to drive or being in charge of a vehicle, or (b) failing to comply with a requirement made under[F19 Article 18 of the Road Traffic

(Northern Ireland) Order 1995] (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or

(c) failing, as the driver of a vehicle, to comply with Article 175(1) of that Order (duty to stop and give information or report accident),

the vehicle shall be regarded for the purposes of paragraph (1)(a) (and paragraph (7)(b)) as used for the purpose of committing the offence (and for the purpose of committing any offence of aiding, abetting, counselling or procuring the commission of the offence).

(4) Paragraph (3) applies to— (a) an offence under the Road Traffic (Northern Ireland)[F19 Orders 1981 and 1995] which is

punishable with imprisonment, (b) an offence of manslaughter, and

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(5) Facilitating the commission of an offence shall be taken for the purposes of this Article to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection, and references in this Article to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of young offenders.

(6) An order under this Article shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police. Paras. (7)#(8B) rep. by 1998 c. 32

(9) In this Article “relevant provision” means a provision contained in an Act or Order mentioned in the definition of “relevant provision” in Article 2(2) being such an Act or Order passed or made before this Order is made.

F19 1995 NI 18 F20 1861 c. 100

Modifications etc. (not altering text) C1 Art. 11 excluded (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 103, 126(2), Sch. 5 para.

7(c) C2 Art. 11 excluded by Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778

(N.I. 19)), art. 5D(9) (as inserted (25.6.2007) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 8(1) (with art. 8(2)); S.R. 2007/294, art. 2, Sch.)

Application of proceeds of forfeited property

12.—(1) Where a court makes an order under Article 11 in a case where— (a) the offender has been convicted of an offence which has resulted in a person suffering

personal injury, loss or damage; or (b) any such offence is taken into consideration by the court in determining sentence,

the court may also make an order that any proceeds which arise from the disposal of the property and which do not exceed a sum specified by the court shall be paid to that person.

(2) The court may only make an order under this Article if it is satisfied that but for the inadequacy of the means of the offender it would have made a compensation order under which the offender would have been required to pay compensation of an amount not less than the specified amount.

(3) An order under this Article has no effect—

[F21(a) before the end of the period of 6 months beginning on the date on which the order under Article 11 was made;or

(b) if a successful application under section 31(1) of the Police (Northern Ireland) Act 1998 has been made.]

F21 1998 c. 32

Forfeiture for drug offences

13. In section 27(1) of the Misuse of Drugs Act 1971F22 (forfeiture on conviction of an offence under that Act) after the words “1987 relates” there shall be inserted the words “or a drug trafficking

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

offence, as defined in Article 2(2) of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990”.

F22 1971 c. 38

Compensation orders

Compensation orders against convicted persons

14.—(1) Subject to the provisions of this Article, a court by or before which a person is convicted of an offence, instead of or in addition to dealing with him in any other way, may, on application or otherwise, make an order (in this Article and Articles 15 to 17 referred to as “a compensation order”) requiring him to pay compensation for any personal injury, loss or damage resulting from that offence or any other offence which is taken into consideration by the court in determining sentence or to make payments for funeral expenses or bereavement in respect of a death resulting from any such offence, other than a death due to an accident arising out of the presence of a motor vehicle on a road; and a court shall give reasons, on passing sentence, if it does not make such an order in a case where this Article empowers it to do so.

(2) Compensation under paragraph (1) shall be of such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the offender or the prosecution.

(3) In the case of an offence under the Theft Act (Northern Ireland) 1969F23 [F24or Article 172[F25, 172A or 172B] of the Road Traffic (Northern Ireland) Order 1981]F26, where the property in question is recovered, any damage to the property occurring while it was out of the owner's possession shall be treated for the purposes of paragraph (1) as having resulted from the offence, however and by whomsoever the damage was caused.

(4) A compensation order may only be made in respect of injury, loss or damage (other than loss suffered by a person's dependants in consequence of his death) which was due to an accident arising out of the presence of a motor vehicle on a road, if—

(a) it is in respect of damage which is treated by paragraph (3) as resulting from an offence under the Theft Act (Northern Ireland) 1969F27 [F28or Article 172[F25, 172A or 172B] of the Road Traffic (Northern Ireland) Order 1981]F29; or

(b) it is in respect of injury, loss or damage as respects which— (i) the offender is uninsured in relation to the use of the vehicle; and

(ii) compensation is not payable under any arrangements to which the Department of the Environment is a party;

and, where a compensation order is made in respect of injury, loss or damage due to such an accident, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.

(5) A vehicle the use of which is exempted from insurance by Article 90(2) or (3) of the Road Traffic (Northern Ireland) Order 1981 is not uninsured for the purposes of paragraph (4).

(6) A compensation order in respect of funeral expenses may be made for the benefit of anyone who incurred the expenses.

(7) A compensation order in respect of bereavement may only be made for the benefit of a person for whose benefit a claim for damages for bereavement could be made under Article 3A of the Fatal Accidents (Northern Ireland) Order 1977F30.

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(8) The amount of compensation in respect of bereavement shall not exceed the amount for the time being specified in Article 3A(3) of the Fatal Accidents (Northern Ireland) Order 1977.

(9) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, the court shall—

(a) have regard to his means so far as they appear or are known to the court; and (b) in a case where it is proposed to make against him both a compensation order and a

confiscation order under the[F31 Proceeds of Crime (Northern Ireland) Order 1996], also have regard to its duty under Article[F31 12(8)] of that Order (duty where the court considers that the offender's means are insufficient to satisfy both orders in full to order the payment out of sums recovered under the confiscation order of sums due under the compensation order).

[F32(9A) For the purposes of any order under Article 35 of the Criminal Justice (Children) (Northern Ireland) Order 1998 against the parent or guardian of a child—

(a) paragraphs (9)(a) and (10)(b) shall have effect (so far as applicable) as if any reference to the means of the person against whom the compensation order is made were a reference to the means of the parent or guardian; but

(b) for the purposes of any such order made against an authority (within the meaning of that Order) paragraphs (9) and (10) shall not apply.]

(10) Where the court considers— (a) that it would be appropriate both to impose a fine and to make a compensation order; but (b) that the offender has insufficient means to pay both an appropriate fine and appropriate

compensation, the court shall give preference to compensation (though it may impose a fine as well).

(11) The compensation to be paid under a compensation order made by a magistrates' court in respect of any offence of which the court has convicted the offender shall not exceed £5,000[F33 or, if the offender is under the age of[F34 18], £1,000]; and the compensation or total compensation to be paid under a compensation order or compensation orders made by a magistrates' court in respect of any offence or offences taken into consideration in determining sentence shall not exceed the difference (if any) between the amount or total amount which under this paragraph is the maximum for the offence or offences of which the offender has been convicted and the amount or total amounts (if any) which are in fact ordered to be paid in respect of that offence or those offences.

(12) A compensation order shall be enforceable— (a) if made by a magistrates' court, in the same manner as any other sum adjudged to be paid

by a conviction of that court; (b) if made by any other court, in the same manner as any fine which has been or might have

been imposed, in respect of the offence for which the person has been convicted, by the court making the order.

F23 1969 c. 16 (NI) F24 By Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 26, it is provided that in art. 14(3) for "or

Article 172 of the Road Traffic (Northern Ireland) Order 1981" there shall be substituted ", Article 172 of the Road Traffic (Northern Ireland) Order 1981 or the Fraud Act 2006" (the said substitution being in force 15.1.2007 by S.I. 2006/3200, art. 2)

F25 2004 NI 15 F26 1981 NI 1 F27 1969 c. 16 (NI)

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

F28 By Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 26, it is provided that in art. 14(4)(a) for "or Article 172 of the Road Traffic (Northern Ireland) Order 1981" there shall be substituted ", Article 172 of the Road Traffic (Northern Ireland) Order 1981 or the Fraud Act 2006" (the said substitution being in force 15.1.2007 by S.I. 2006/3200, art. 2)

F29 1981 NI 1 F30 1977 NI 18 F31 1996 NI 9 F32 1998 NI 9 F33 1998 NI 9 F34 2002 c. 26

Modifications etc. (not altering text) C3 Art. 14(1) modified by Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778

(N.I. 19)), art. 5C(2) (as inserted (25.6.2007) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 7(1) (with art. 7(2)); S.R. 2007/294, art. 2, Sch.)

C4 Art. 14(11) modified by Waste and Contaminated Land (Northern Ireland) Order 1997 (S.I. 1997/2778 (N.I. 19)), art. 5C(3) (with art. 5C(4)) (as inserted (25.6.2007) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 7(1) (with art. 7(2)); S.R. 2007/294, art. 2, Sch.)

Enforcement and appeals

15.—(1) A person in whose favour a compensation order is made shall not be entitled to receive the amount due to him until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

(2) Rules of court, Crown Court rules, county court rules and magistrates' court rules may make provision regarding the way in which a court is to deal with money paid in satisfaction of a compensation order where the entitlement of the person in whose favour it was made is suspended.

(3) Where a compensation order has been made against any person in respect of an offence taken into consideration in determining his sentence—

(a) the order shall cease to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;

(b) he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.

Modifications etc. (not altering text) C5 Arts. 15-17 applied (with modifications) (14.1.2015) by Human Trafficking and Exploitation (Criminal

Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 2 para. 3(3)

Review of compensation orders

16. Without prejudice to section 49(2) of the Judicature (Northern Ireland) Act 1978F35 and Article 91 of the Magistrates' Courts (Northern Ireland) Order 1981F36, at any time before the person against whom a compensation order has been made has paid into court the whole of the compensation which the order requires him to pay, but at a time when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside, the court for the time being having functions in relation to the enforcement of

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

the order may, on the application of the person against whom it was made, discharge the order, or reduce the amount which remains to be paid, if it appears to the court—

(a) that the means of the person against whom the order was made are insufficient to satisfy in full both the order and [F37either or both of the following made against him in the same proceedings—

(i) a confiscation order under Part 4 of the Proceeds of Crime Act 2002; (ii) a slavery and trafficking reparation order under Schedule 2 to the Human Trafficking

and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015; or]

(b) that the person against whom the order was made has suffered a substantial reduction in his means which was unexpected at the time when the compensation order was made, and that his means seem unlikely to increase for a considerable period.

F35 1978 c. 23 F36 1981 NI 26 F37 Words in art. 16(a) substituted (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice

and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 4 para. 9

Modifications etc. (not altering text) C5 Arts. 15-17 applied (with modifications) (14.1.2015) by Human Trafficking and Exploitation (Criminal

Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 2 para. 3(3)

Effect of compensation order on subsequent award of damages in civil proceedings

17.—(1) This Article shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be determined.

(2) The damages in the civil proceedings shall be assessed without regard to the order or award; but the plaintiff may only recover an amount equal to the aggregate of the following—

(a) any amount by which they exceed the compensation; and (b) a sum equal to any portion of the compensation which he fails to recover,

and may not enforce the judgment, so far as it relates to a sum such as is mentioned in sub- paragraph (b), without the leave of the court.

(3) In this Article a “service compensation order or award” means— (a) an order requiring the payment of compensation under paragraph 11 of Schedule 5A to

the Army Act 1955F38, of Schedule 5A to the Air Force Act 1955F39 or of Schedule 4A to the Naval Discipline Act 1957F40; or

(b) an award of stoppages payable by way of compensation under any of those Acts.

F38 1955 c. 18 F39 1955 c. 19 F40 1957 c. 53

Modifications etc. (not altering text) C5 Arts. 15-17 applied (with modifications) (14.1.2015) by Human Trafficking and Exploitation (Criminal

Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 2 para. 3(3)

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

PART III SEXUAL OFFENCES

Anonymity in rape, etc., cases

18.—(1) The Sexual Offences (Northern Ireland) Order 1978F41 shall be amended as follows. Para. (2) rep. by 2003 NI 13 Para. (3) rep. by 1999 c.23

(4) Article 8 (anonymity of defendants in rape, etc., cases) shall cease to have effect.

F41 1978 NI 5

Arts. 19 - 24 rep. by 1999 c.23

PART IV SUPPLEMENTAL

Restriction on the application of this Order

25. Nothing in any provision of Articles 3 and 6 to 17 shall affect the punishment for an offence committed before that provision comes into operation. Article 26—Amendments and repeals

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

S C H E D U L E S

SCHEDULE 1 Article 3(5)

INCREASE OF CERTAIN MAXIMA

(1) (2) (3) (4) Statutory provision General description Present amount New amount

Entry rep. by 1996 NI 24

Section 26(1) of the Summary Jurisdiction Act (Northern Ireland) 1953 (c. 3).

Maximum sum in cases where an offence of wilful or malicious damage may be dealt with summarily if the amount of damage does not exceed the maximum sum.

£400 £1000

Section 20(1) of the Coroners Act (Northern Ireland) 1959 (c. 15).

Maximum fine for failure to answer summons to serve as a juror or to give evidence.

£400 £1000

Section 20(2) of the Coroners Act (Northern Ireland) 1959 (c. 15).

Maximum fine for refusal to serve as a juror or to give evidence.

£400 £1000

Section 34 of the Coroners Act (Northern Ireland) 1959 (c. 15).

Maximum fine for contempt in coroners' court.

£1000 £2500

Entry rep. by 1996 NI 24

Article 55(2) of the County Courts (Northern Ireland) Order 1980 (NI 3).

Maximum fine for contempt of court.

£1000 £2500

Section 14(2) of the Contempt of Court Act 1981 (c. 49).

Maximum fine for contempt in an inferior court.

£1000 £2500

Article 112(6)(a) of the Magistrates' Courts

Maximum fine for disobedience of orders

£2000 £5000

made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes

(Northern Ireland) Order 1981 (NI 26).

other than for payment of money.

Article 120(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

Maximum fine for refusal to testify.

£1000 £2500

Article 160(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

Maximum fine for misbehaviour in court.

£1000 £2500

Schedule 2—Amendments

Schedule 3—Repeals

Changes to legislation: The Criminal Justice (Northern Ireland) Order 1994 is up to date with all changes known to be in force on or before 25 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. View outstanding changes

Changes and effects yet to be applied to : – Instrument am. (prosp.) by 1998 c. 32 s.74(1)Sch.4 para.19 – Instrument rev. in pt. (saving) (prosp.) by 1998 c. 32 s.74(2)(3)Schs.56 – art.11 amended by 1997 c. 30 s.3(2)(3) – art.11 amended by 1997 c. 30 s.3(2)(3)