The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) Rules 2009

Made: 5th March 2009

To be laid before Parliament

Coming into operation: 1st April 2009

The Secretary of State makes the following Rules in exercise of the powers conferred by Article 24(1) and (3) of the Criminal Justice (Northern Ireland) Order 2008[^f00001], and having regard to the purposes of the supervision of offenders while on licence set out in Article 24(8) of that Order.

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) Rules 2009 and shall come into operation on 1 April 2009.

• (2) In these Rules “the Order” means the Criminal Justice (Northern Ireland) Order 2008.

• “supervising officer” means a probation officer or such other person or organisation for the time being responsible for supervising specific offenders on licence in accordance with arrangements made by the Department of Justice;

Standard Conditions of Licence

2

• (1) The conditions set out in paragraphs (2) and (3) are the standard conditions prescribed for the purposes of Article 24(1) of the Order.

• (2) The prisoner must —

• (a) Keep in touch with the supervising officer as instructed by the supervising officer ;

• (b) Receive visits from the supervising officer as instructed by the supervising officer ;

• (c) Permanently reside at an address approved by the supervising officer and obtain the prior permission of the supervising officer for any change of address;

• (d) Undertake such work, including voluntary work, as approved by the supervising officer , and obtain the prior permission of the supervising officer for any proposed change; and

• (e) Not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the supervising officer , except where the prisoner is deported or removed from the United Kingdom in accordance with the Immigration Act 1971[^f00002]or the Immigration and Asylum Act 1999[^f00003].

• (3) The prisoner must not —

• (a) Behave in a way which undermines the purposes of the release on licence, which are the protection of the public, the prevention of re-offending and the rehabilitation of the offender;

• (b) Commit any offence.

Other Conditions of Licence

3

• (1) Conditions of a kind set out in paragraph (2) are prescribed for the purposes of Article 24(3)(b) of the Order.

• (2) The conditions are those which impose on a prisoner:

• (a) A requirement that the prisoner resides at a certain place;

• (b) A requirement as to the prisoner making or maintaining contact with a person, more than one person or identified group;

• (c) A restriction relating to the prisoner making or maintaining contact with a person, more than one person or identified group;

• (d) A restriction on the prisoner’s participation in any activity;

• (e) A requirement that the prisoner participates in or co-operates with a programme or set of activities, which may include testing, designed to further one or more of the purposes referred to in Article 24(8) of the Order;

• (f) A requirement that the prisoner complies with a curfew arrangement;

• (g) A requirement that the prisoner complies with an electronic monitoring arrangement;

• (h) A restriction on the prisoner’s freedom of movement which is not a requirement referred to in sub-paragraph (f);

• (i) Any other requirement relating to the prisoner’s supervision in the community by a supervising officer .

• (3) For the purpose of these Rules, “curfew arrangement”, means an arrangement under which a prisoner is required to remain at a specific place for a specified period of time which is not an arrangement contained in a condition imposed by Article 26(1) of the Order.

Signed

Paul Goggins — Minister of State — 2009-03-05

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules prescribe the standard and other conditions which may be contained in a licence issued under the provisions of the Criminal Justice (Northern Ireland) Order 2008.

Footnotes

[^f00001]: S1 2008/1216 (NI)

[^f00002]: 1971 C.77

[^f00003]: 1999 C.33

Editorial notes

[^key-cd7c826a4c5d5ae8f967029acf36826b]: Rule 1 in operation at 1.4.2009, see rule 1(1)

[^key-40e570cfa79037d161b82173c7693c6a]: Rule 2 in operation at 1.4.2009, see rule 1(1)

[^key-47c4f4785480e86f146ab121693a933f]: Rule 3 in operation at 1.4.2009, see rule 1(1)

[^key-729868b363aabd521a6eddc36fdef18d]: Words in rule 1 inserted (6.9.2021) by The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 (S.R. 2021/183), art. 2(2), rule 1

[^key-cabfe787f7928b8186a4d71fc5bcba05]: Words in rule 2 substituted (6.9.2021) by The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 (S.R. 2021/183), art. 3, rule 1

[^key-e01ff99373935f4320c9d77b1c58c697]: Words in rule 2 substituted (6.9.2021) by The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 (S.R. 2021/183), art. 3, rule 1

[^key-336d3ffbbd55bd28426d87fbb0ba7865]: Words in rule 2 substituted (6.9.2021) by The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 (S.R. 2021/183), art. 3, rule 1

[^key-943d2abfd7634d1998d8cf3c6e653d72]: Words in rule 2 substituted (6.9.2021) by The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 (S.R. 2021/183), art. 3, rule 1

[^key-0ad9c99ca4972ac98b519c4997820b0c]: Words in rule 2 substituted (6.9.2021) by The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 (S.R. 2021/183), art. 3, rule 1

[^key-8568867a0f3a409a7746caa41ec34cc3]: Words in rule 3 substituted (6.9.2021) by The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 (S.R. 2021/183), art. 4, rule 1