The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021

Made: 24th June 2021

Coming into operation: 6th September 2021

The Department of Justice 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 and commencement

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These Rules may be cited as the Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) (Amendment) Rules 2021 and shall come into operation on 6th September 2021.

Amendment of the Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) Rules 2009

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• (1) The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) Rules 2009[^f00002] are amended as follows.

• (2) In rule 1 (Citation, commencement and interpretation) after the definition of “the Order” insert—

• “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;

• (3) In rule 2 (Standard Conditions of Licence) in paragraphs 2(a) to 2(e) inclusive for “probation officer” substitute “supervising officer”.

• (4) In rule 3 (Other Conditions of Licence) in paragraph 2(i) for “probation officer” substitute “supervising officer”.

Signed

Sealed with the Official Seal of the Department of Justice on 24th June 2021

Naomi Long — Minister of Justice

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

The Criminal Justice (Sentencing) (Licence Conditions) (Northern Ireland) Rules 2009 (the “2009 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. The Probation Board for Northern Ireland currently retains sole responsibility for supervising offenders released into the community under such licence.

These Rules amend the 2009 Rules to assign supervisory responsibility for licensees to a “supervising officer”. The term “supervising officer” is defined as “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”. This amendment gives the Department of Justice discretion to assign supervisory responsibility to other persons or organisations where it is considered that they are better placed to give effect to the purpose of a licence.

Footnotes

[^f00001]: S.I. 2008/1216 (N.I. 1).

[^f00002]: S.R. 2009 No. 81.