TREATMENT OF OFFENDERS (NORTHERN IRELAND) ORDER 1976

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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)

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Northern Irish Legislation

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