The Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 2019

Made: 9th July 2019

Coming into operation: 1st August 2019

The Department of Justice makes the following Order, in exercise of the powers conferred by section 35(4) of the Criminal Justice Act 1988 [^f00001], and now vested in it [^f00002].

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) Order (Northern Ireland) 2019 and shall come into operation on 1st August 2019.

• (2) “The 1988 Act” means the Criminal Justice Act 1988.

Part 4 of the 1988 Act

2

Part 4 of the 1988 Act (Reviews of Sentencing) shall apply to any case in which sentence is passed on a person for any of the following offences-

• (a) an offence under section 67 of the Medicines Act 1968 [^f00003] (unauthorised sale of medicinal products etc.);

• (b) an offence under section 1 of the Protection of Persons and Property Act (Northern Ireland) 1969 [^f00004] (intimidation);

• (c) an offence under section 24A of the Immigration Act 1971 [^f00005] (deception);

• (d) an offence under sections 25 to 25B of the Immigration Act 1971 [^f00006] (offences relating to unlawful immigration);

• (e) an offence under section 26A or 26B of the Immigration Act 1971 [^f00007] (registration card and, possession of immigration stamp);

• (f) an offence under section 5(2) of the Misuse of Drugs Act 1971 [^f00008] (possession of controlled drug);

• (g) an offence under section 8 of the Misuse of Drugs Act 1971 (occupiers etc., of premises to be punishable for permitting certain activities to take place there);

• (h) an offence under section 23(4) of the Misuse of Drugs Act 1971 (obstructing powers of search for controlled drugs);

• (i) an offence under Article 3 of the Criminal Law Amendment (Northern Ireland) Order 1977 [^f00009] (bomb hoaxes);

• (j) offences under Article 3(1) and 3(1)(3) of the Criminal Damage (Northern Ireland) Order 1977 [^f00010] (destroying or damaging property);

• (k) an offence under Article 4(a) of the Criminal Damage (Northern Ireland) Order 1977 (threats to damage);

• (l) an offence under Article 5 of the Criminal Damage (Northern Ireland) Order 1977 (possessing things with intent to damage);

• (m) an offence under sections 1 to 5 of the Forgery and Counterfeiting Act 1981 [^f00011] (forgery, copying false instrument, using false instrument, using a copy of a false instrument and, offences relating to money orders, share certificates, passports, etc.);

• (n) an offence under sections 14 to 17 of the Forgery and Counterfeiting Act 1981 (offences relating to counterfeit notes and coins and counterfeiting materials and implements);

• (o) an offence under section 4 of the Aviation Security Act 1982 [^f00012] (offences in relation to certain dangerous articles);

• (p) an offence under Article 9 of the Public Order (Northern Ireland) Order 1987 [^f00013] (use of words or behaviour or display of written material);

• (q) an offence under Article 22 of the Public Order (Northern Ireland) Order 1987 [^f00014] (carrying of offensive weapon in public place);

• (r) an offence under section 107 of the Copyright Designs and Patents Act 1988 [^f00015] (criminal liability for making or dealing with infringing articles, etc.);

• (s) an offence under sections 198(1) and 198(1A) of the Copyright Designs and Patents Act 1988 [^f00016] (criminal liability for making, dealing with or using illicit recordings);

• (t) an offence under section 92 of the Trade Marks Act 1994 [^f00017] (unauthorised use of trade mark, etc., in relation to goods);

• (u) an offence under Article 47 of the Criminal Justice (Northern Ireland) Order 1996 [^f00018] (intimidation, etc., of witnesses, jurors and others);

• (v) an offence under section 66 of the Police (Northern Ireland) Act 1998 [^f00019] (assaults on, and obstruction of, constables, etc.);

• (w) an offence under section 55 of the Data Protection Act 1998 [^f00020] (unlawful obtaining etc., of personal data);

• (x) an offence under section 83 of the Postal Services Act 2000 [^f00021] (interfering with the mail: postal operators);

• (y) an offence under section 85 of the Postal Services Act 2000 (prohibition on sending certain articles by post);

• (z) an offence under section 11 or 12 of the Terrorism Act 2000 [^f00022] (offences relating to proscribed organisations);

• (aa) an offence under sections 15 to 18 of the Terrorism Act 2000 [^f00023] (offences relating to terrorist property);

• (bb) an offence under section 19 of the Terrorism Act 2000 (disclosure of information: duty);

• (cc) an offence under section 21A of the Terrorism Act 2000 [^f00024] (failure to disclose: regulated sector);

• (dd) an offence under section 21D of the Terrorism Act 2000 [^f00025] (tipping off in course of regulated sector business);

• (ee) an offence under section 23 of, and paragraph 37 of Schedule 4 to, the Terrorism Act 2000 (breach of High Court restraint order);

• (ff) an offence under section 38B of the Terrorism Act 2000 [^f00026] (information about acts of terrorism);

• (gg) an offence under section 39 of the Terrorism Act 2000 (disclosure of information etc.);

• (hh) an offence under section 54 of the Terrorism Act 2000 [^f00027] (weapons training);

• (ii) an offence under sections 57 to 58A of the Terrorism Act 2000 [^f00028] (possessing things, collecting information and, eliciting, publishing, or communicating information about members of armed forces etc.);

• (jj) an offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 [^f00029] (use of noxious substances or things to cause harm and intimidate);

• (kk) an offence under section 114 of the Anti-Terrorism, Crime and Security Act 2001 (hoaxes involving noxious substances or things);

• (ll) an offence under sections 327 to 333A of the Proceeds of Crime Act 2002 [^f00030] (offences relating to money laundering);

• (mm) an offence under section 342 of the Proceeds of Crime Act 2002 [^f00031] (offences of prejudicing investigation);

• (nn) an offence under Article 3(1)(b) of the Firearms (Northern Ireland) Order 2004 [^f00032] (firearms certificate required);

• (oo) an offence under Articles 45(1)(f) or Articles 45(2)(b) to 45(2)(g) of the Firearms (Northern Ireland) Order 2004 (weapons subject to general prohibition);

• (pp) an offence under Article 61(1) of the Firearms (Northern Ireland) Order 2004 (carrying or discharging firearms in public place);

• (qq) an offence under Article 63 of the Firearms (Northern Ireland) Order 2004 [^f00033] (prohibition of possession, etc., of firearm by certain persons);

• (rr) an offence under Article 64 of the Firearms (Northern Ireland) Order 2004 (possession of firearm or ammunition in suspicious circumstances);

• (ss) an offence under section 21 of the Immigration, Asylum and Nationality Act 2006 [^f00034] (employing adult subject to immigration control);

• (tt) an offence under sections 1 to 4 of the Fraud Act 2006 [^f00035] (offences relating to fraud);

• (uu) an offence under section 6 or 7 of the Fraud Act 2006 (possession, and making or supplying for use in fraud);

• (vv) an offence under section 9 of the Fraud Act 2006 [^f00036] (participating in fraudulent business carried out by sole trader etc.);

• (ww) an offence under section 11 of the Fraud Act 2006 (obtaining services dishonestly);

• (xx) an offence under section 1 or 2 of the Terrorism Act 2006 [^f00037] (encouragement of terrorism and dissemination of terrorist publications);

• (yy) an offence under section 6 or 8 of the Terrorism Act 2006 [^f00038] (training for terrorism);

• (zz) an offence under section 54 of the Counter-Terrorism Act 2008 [^f00039] (offences relating to notification);

• (aaa) an offence under section 6 of the Identity Documents Act 2010 [^f00040] (possession of false identity documents etc., without reasonable excuse);

• (bbb) an offence under section 93 of the Justice Act (Northern Ireland) 2011 [^f00041] (possession of offensive weapon with intent to commit an offence);

• (ccc) an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 [^f00042] (breach of TPIM notice);

• (ddd) an offence under section 10 of the Counter-Terrorism and Security Act 2015 [^f00043] (breach of a temporary exclusion order);

• (eee) an offence under section 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 [^f00044] (committing an offence with intent to commit an offence under sections 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the 2015 Act);

• (fff) an offence under sections 4 to 5 of the Psychoactive Substances Act 2016 [^f00045] (offences relating to producing and supplying a psychoactive substance);

• (ggg) an offence under sections 7 to 9 of the Psychoactive Substances Act 2016 (offences relating to possessing and importing or exporting a psychoactive substance).

3

An offence described in Article 2 includes:

• (a) an offence of attempting to commit any of the offences described in Article 2; or

• (b) an offence under Part 2 of the Serious Crime Act 2007 [^f00046] (encouraging or assisting crime) in relation to which an offence in Article 2 is the offence (or one of the offences) which the person intended or believed would be committed.

Signed

Sealed with the Official Seal of the Department of Justice on 9th July 2019

Peter May — A senior officer of the Department of Justice

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Part 4 of the Criminal Justice Act 1988, as amended by the Justice (Northern Ireland) Act 2002, empowers the Director of Public Prosecutions for Northern Ireland (“the DPP”), with the leave of the Court of Appeal, to refer certain cases to that Court where the DPP considers that the sentences imposed were unduly lenient.

Article 2 specifies the offences in respect of which that power may be exercised.

Article 3 specifies cases in which a sentence is passed for attempting, encouraging or assisting the commission of any of the offences in Article 2.

Footnotes

[^f00001]: 1988 c.33, section 35 was amended by the Criminal Justice and Public Order Act 1994 (c.33), section 168(1) and Schedule 9, paragraph 34 and, in its application to Northern Ireland, section 35 was amended by the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), article 12 and Schedule 14, paragraphs 29 and 30

[^f00002]: Article 12 of and paragraphs 29 and 30 of Schedule 14 to the Northern Ireland 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) transferred the functions of the Secretary of State under section 35(4) of the 1988 Act (in its application to Northern Ireland) to the Department of Justice in Northern Ireland

[^f00003]: 1968 c.67, sections 67(1A) and 67(1B) were inserted by section 63(7)(a) of the Health and Social Care Act 2001 (c.15), section 67 was amended by the Human Medicines Regulations 2012 (S.I. 2012/1916)

[^f00004]: 1969 c.29 (N.I.)

[^f00005]: 1971 c.77, section 24A was inserted by section 28 of the Immigration and Asylum Act 1999 (c.33) the most recent relevant amendment to which is that section 24A(4) was repealed by section 156 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002 (c.41)

[^f00006]: 1971 c.77, sections 25 to 25C substituted for section 25 by the Nationality, Immigration and Asylum Act 2002 (c.41). Relevant amendments were made to sections 25(1)(a) and 25(1)(b) by paragraph 2 of Schedule 14 to the Immigration Act 2016 (c.19)

[^f00007]: 1971 c.77, section 26A was inserted by section 148 of the Nationality, Immigration and Asylum Act 2002 (c.41), section 26A(1)(b) was substituted by the Immigration (Registration Card) Order 2008 (S.1. 2008/1693). Section 26B was inserted by section 149 of the Nationality, Immigration and Asylum Act 2002 (c.41)

[^f00008]: 1971 c.38

[^f00009]: S.I. 1977/1249 (N.I. 16)

[^f00010]: S.I. 1977/426 (N.I. 4)

[^f00011]: 1981 c.45 to which the most recent relevant amendment was made by the Identity Cards Act 2006 (c. 15)

[^f00012]: 1982 c.36

[^f00013]: S.I. 1987/463 (N.I. 7)

[^f00014]: S.I. 1987/463 (N.I. 7), Article 22 was amended by the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 N.I.)

[^f00015]: 1988 c.48, to which the most recent relevant amendments were made by section 32(2) of the Digital Economy Act 2017 (2017 c.30)

[^f00016]: 1988 c.48, to which the most recent relevant amendments were made by sections 32(4) and 32(5) of the Digital Economy Act 2017 (c.30)

[^f00017]: 1994 c.26

[^f00019]: 1998 c.32, to which the most recent relevant amendments were made by the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976)

[^f00020]: 1998 c.29, Act repealed by the Data Protection Act 2018 (c.12)

[^f00021]: 2000 c.26

[^f00022]: 2000 c.11

[^f00023]: 2000 c.11, section 17A inserted by section 42(1) of the Counter-Terrorism and Security Act 2015 (c.6)

[^f00024]: 2000 c.11, section 21(A) was inserted by the Anti-Terrorism, Crime and Security Act 2001. Section 21(A)(2) was amended by paragraph 3(2) of Schedule 1 to the Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398)

[^f00025]: 2000 c.11, section 21D inserted by paragraph 5 of Schedule 1 to the Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398)

[^f00026]: 2000 c.11, section 38B was inserted by the Anti-Terrorism, Crime and Security Act 2001 (c. 24)

[^f00027]: 2000 c.11, section 54 to which the most recent amendment was made by the Criminal Justice and Courts Act 2015 (c.2)

[^f00028]: 2000 c.11, section 58A inserted by section 76(1)(2) of the Counter-Terrorism Act 2008 (c.28)

[^f00029]: 2001 c.24, relevant amendment was made to section 113 by section 34(b) of the Terrorism Act 2006 (c.11)

[^f00030]: 2002 c.29, recent relevant amendment was made by the Serious Organised Crime and Police Act 2005 (c. 15). Section 333A was inserted by the Terrorism Act 2000 and the Proceeds of Crime Act 2002 (Amendment) Regulations 2007 (S.I. 2007/3398)

[^f00031]: 2002 c.29, relevant amendment was made by the Terrorism Act 2000 and Proceeds of Crime 2002 (Amendment) Regulations 2007 (S.I. 2007/3398) and to section 342(1) by paragraph 2 of Schedule 10 to the Serious Crime Act 2007 (c.27)

[^f00034]: 2006 c.13, to which the most recent amendments were made by the Immigration Act 2016 (c.19)

[^f00035]: 2006 c.35

[^f00036]: 2006 c. 35, section 9 was amended by the Companies Act 2006 (Commencement No.3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194)

[^f00037]: 2006 c.11

[^f00038]: 2006 c.11, section 6 was amended by section 1(3) of the Criminal Justice and Courts Act 2015 (c.2)

[^f00039]: 2008 c.28

[^f00040]: 2010 c.40

[^f00041]: 2011 c.24 (N.I.)

[^f00042]: 2011 c.23, relevant amendments were made by section 17 of the Counter Terrorism and Security Act 2015 (c.6)

[^f00043]: 2015 c.6

[^f00044]: 2015 c.2 (N.I.)

[^f00045]: 2016 c.2

[^f00046]: 2007 c.27