 | |
| Admission in trial on indictment. |
76. - (1) This section applies to a trial on indictment for-
|
| |
(a) a scheduled offence, or |
| |
(b) two or more offences at least one of which is a scheduled offence. |
| |
(2) A statement made by the accused may be given in evidence by the prosecution in so far as-
|
| |
(a) it is relevant to a matter in issue in the proceedings, and |
| |
(b) it is not excluded or inadmissible (whether by virtue of subsections (3) to (5) or otherwise). |
| |
(3) Subsections (4) and (5) apply if in proceedings to which this section applies-
|
| |
(a) the prosecution gives or proposes to give a statement made by the accused in evidence, |
| |
(b) prima facie evidence is adduced that the accused was subjected to torture, inhuman or degrading treatment, violence or the threat of violence in order to induce him to make the statement, and |
| |
(c) the prosecution does not satisfy the court that the statement was not obtained in the manner mentioned in paragraph (b). |
| |
(4) If the statement has not yet been given in evidence, the court shall-
|
| |
(a) exclude the statement, or |
| |
(b) direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible). |
| |
(5) If the statement has been given in evidence, the court shall-
|
| |
|
| |
(b) direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible). |
| |
(6) This section is without prejudice to any discretion of a court to-
|
| |
(a) exclude or ignore a statement, or |
| |
(b) direct a trial to be restarted, |
| |
where the court considers it appropriate in order to avoid unfairness to the accused or otherwise in the interests of justice.
|
| Possession: onus of proof. |
77. - (1) This section applies to a trial on indictment for a scheduled offence where the accused is charged with possessing an article in such circumstances as to constitute an offence under any of the enactments listed in subsection (3).
|
| |
(2) If it is proved that the article-
|
| |
(a) was on any premises at the same time as the accused, or |
| |
(b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public, |
| |
the court may assume that the accused possessed (and, if relevant, knowingly possessed) the article, unless he proves that he did not know of its presence on the premises or that he had no control over it.
|
| |
(3) The following are the offences mentioned in subsection (1)-
|
| |
The Explosive Substances Act 1883 |
| | Section 3, so far as relating to subsection (1)(b) thereof (possessing explosive with intent to endanger life or cause serious damage to property).
|
| |
Section 4 (possessing explosive in suspicious circumstances).
|
| |
The Protection of the Person and Property Act (Northern Ireland) 1969 |
| | Section 2 (possessing petrol bomb, &c. in suspicious circumstances).
|
| |
The Firearms (Northern Ireland) Order 1981 |
| | Article 6(1)(manufacturing, dealing in or possessing certain weapons, &c.).
|
| |
Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property).
|
| |
Article 18(2) (possessing firearm or imitation firearm at time of committing, or being arrested for, a specified offence).
|
| |
Article 22(1), (2) or (4) (possession of a firearm or ammunition by a person who has been sentenced to imprisonment, &c.).
|
| |
Article 23 (possessing firearm or ammunition in suspicious circumstances).
|
| Young persons: sentence. |
78. - (1) This section applies where a child is convicted on indictment of a scheduled offence committed while this section is in force.
|
| |
(2) Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment for serious offence) shall have effect with the substitution for the words "14 years" of the words "five years".
|
| |
(3) In this section "child" means a person who has not attained the age of 17.
|
| Restricted remission. |
79. - (1) The remission granted under prison rules in respect of a sentence of imprisonment passed in Northern Ireland for a scheduled offence shall not, where it is for a term of five years or more, exceed one-third of the term.
|
| |
(2) Where a person is sentenced on the same occasion for two or more scheduled offences to terms which are consecutive, subsection (1) shall apply as if those terms were a single term.
|
| |
(3) Where a person is serving two or more terms which are consecutive but not all subject to subsection (1), the maximum remission granted under prison rules in respect of those terms taken together shall be arrived at by calculating the maximum remission for each term separately and aggregating the result.
|
| |
(4) In this section "prison rules" means rules made under section 13 of the Prison Act (Northern Ireland) 1953.
|
| |
(5) The Secretary of State may by order substitute a different length of sentence and a different maximum period of remission for those mentioned in subsection (1).
|
| |
(6) This section applies where-
|
| |
(a) the scheduled offence is committed while this section is in force, |
| |
(b) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1996) was committed while section 15 of that Act was in force, |
| |
(c) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1991) was committed while section 14 of that Act was in force, or |
| |
(d) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1978) was committed while section 22 of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force. |
| Conviction during remission. |
80. - (1) This section applies where-
|
| |
(a) a person is sentenced to imprisonment or a term of detention in a young offenders centre for a period exceeding one year, |
| |
(b) he is discharged from prison or the centre in pursuance of prison rules, and |
| |
(c) before his sentence or term would have expired (but for the discharge) he commits, and is convicted on indictment of, a scheduled offence. |
| |
(2) If the court before which he is convicted of the scheduled offence sentences him to imprisonment or a term of detention it shall in addition order him to be returned to prison or a young offenders centre for the period between the date of the order and the date on which the sentence or term mentioned in subsection (1) would have expired but for his discharge.
|
| |
(3) No order shall be made under subsection (2) if the sentence imposed by the court is-
|
| |
(a) a suspended sentence, |
| |
(b) a sentence of life imprisonment, or |
| |
(c) a sentence of detention during the Secretary of State's pleasure under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998. |
| |
(4) An order made under subsection (2) shall cease to have effect if an appeal against the scheduled offence results in-
|
| |
(a) the acquittal of the person concerned, or |
| |
(b) the substitution of a sentence other than imprisonment or a term of detention. |
| |
(5) The period for which a person is ordered under this section to be returned to prison or a young offenders centre-
|
| |
(a) shall be taken to be a sentence of imprisonment or term of detention for the purposes of the Prison Act (Northern Ireland) 1953 and for the purposes of the Treatment of Offenders Act (Northern Ireland) 1968 other than section 26(2) (reduction for time spent in custody), |
| |
(b) shall not be subject to any provision of prison rules for discharge before expiry, and |
| |
(c) shall be served before, and be followed by, the sentence or term imposed for the scheduled offence and be disregarded in determining the appropriate length of that sentence or term. |
| |
(6) For the purposes of this section a certificate purporting to be signed by the governor or deputy governor of a prison or young offenders centre which specifies-
|
| |
(a) the date on which a person was discharged from prison or a young offenders centre, |
| |
(b) the sentence or term which the person was serving at the time of his discharge, the offence in respect of which the sentence or term was imposed and the date on which he was convicted of that offence, |
| |
(c) the date on which the person would, but for his discharge in pursuance of prison rules, have been discharged from prison or a young offenders centre, |
| |
shall be evidence of the matters specified.
|
| |
(7) In this section-
|
| |
"prison rules" means rules made under section 13 of the Prison Act (Northern Ireland) 1953, |
| |
"sentence of imprisonment" does not include a committal in default of payment of any sum of money or for want of sufficient distress to satisfy any sum of money or for failure to do or abstain from doing anything required to be done or left undone, |
| |
"young offenders centre" has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968. |
| |
(8) For the purposes of subsection (1) consecutive terms of imprisonment or of detention in a young offenders centre shall be treated as a single term and a sentence of imprisonment or detention in a young offenders centre includes-
|
| |
(a) a sentence or term passed by a court in the United Kingdom or any of the Islands, |
| |
(b) in the case of imprisonment, a sentence passed by a court-martial on a person found guilty of a civil offence within the meaning of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957. |
| |
(9) The Secretary of State may by order substitute a different period for the period of one year mentioned in subsection (1).
|
| |
(10) This section applies irrespective of when the discharge from prison or a young offenders centre took place but only if-
|
| |
(a) the scheduled offence is committed while this section is in force, |
| |
(b) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1996) was committed while section 16 of that Act was in force, |
| |
(c) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1991) was committed while section 15 of that Act was in force, or |
| |
(d) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1978) was committed while section 23 of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force. |
