BAILII [Home] [Databases] [World Law] [Search] [Feedback]

Northern Irish Legislation

You are here:  BAILII >> Databases >> Northern Irish Legislation >> PROBATION ACT (NORTHERN IRELAND)1950

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


PROBATION ACT (NORTHERN IRELAND)1950 - SECT 6

Commission of further offence.

6.(1) If it appears to a judge or justice of the peace on whom jurisdiction is
conferred by the next succeeding sub-section that a person in respect of whom
a probation order or an order for conditional discharge has been made has been
convicted by a court in any part of Northern Ireland of an offence committed
during the probation period or during the period of conditional discharge, and
has been dealt with in respect of that offence, the judge or justice may issue
a summons requiring that person to appear at the place and time specified
therein, or may issue a warrant for his arrest.

(2) The following persons shall have jurisdiction for the purposes of the
preceding sub-section, that is to say:

(a)if the probation order or the order for conditional discharge was made by
[the Crown Court, a judge of that] Court or a committing justice;

<[(b)if the order was made by a county court judge on an appeal made to him under section 140, 141 or 142 of the Magistrates' Courts Act (Northern Ireland) 1964, a county court judge acting for the division of the county court in which the order was made or a committing justice;]


(c)if the order was made by a court of summary jurisdiction, a justice acting
for the petty sessions district for which that court acts; or

(d)in the case of a probation order, by whatever court it was made, a justice
acting for the petty sessions district for which the supervising court acts.

(3) A summons or warrant issued under this section shall direct the person so
convicted to appear or to be brought before the court by which the
probation order or the order for conditional discharge was made:

Provided that

(a)if that court is a court of summary jurisdiction and the summons or warrant
is issued by a justice acting for the petty sessions district for which the
supervising court acts, the summons or warrant may direct him to appear or to
be brought before the supervising court; and

(b)if a warrant is issued requiring him to be brought before [the Crown
Court], and he cannot forthwith be brought before that court because that
court is not being held, the warrant shall have effect as if it directed him
to be brought before any justice of the peace or court of summary jurisdiction
acting for any petty sessions district of the county in which he is arrested;
and that justice or court of summary jurisdiction shall commit him to custody
or release him on bail (with or without sureties) until he can be brought or
appear before [the Crown Court].

(4) If a person in respect of whom a probation order or
an order for conditional discharge has been made by [the Crown Court] is
convicted and dealt with by a court of summary jurisdiction in respect of an
offence committed during the probation period or during
the period of conditional discharge, the court of summary jurisdiction may
commit him to custody or release him on bail (with or without sureties) until
he can be brought or appear before the court by which the order was made; and
if it does so the court of summary jurisdiction shall send to [the Crown
Court] a copy of the entry of the conviction made in the Order Book required
to be kept under section twenty-one of the Petty Sessions (Ireland) Act, 1851,
signed by the clerk of petty sessions by whom the Order Book is kept.

(5) Where it is proved to the satisfaction of the court by which a
probation order or an order for conditional discharge was made, or if the
order (being a probation order) was made by a court of summary jurisdiction,
to the satisfaction of that court or the supervising court, that the person in
respect of whom that order was made has been convicted and dealt with in
respect of an offence committed during the probation period, or during
the period of conditional discharge, as the case may be, the court may deal
with him, for the offence for which the order was made, in any manner in which
the court could deal with him if he had just been convicted by or before that
court of that offence.

(6) If a person in respect of whom a probation order or
an order for conditional discharge has been made by a court of summary
jurisdiction is convicted before [the Crown Court] of an offence committed
during the probation period or during the period of conditional discharge, or
is dealt with by [the Crown Court] for an offence so committed in respect of
which he was committed for sentence to that court, [the Crown Court] may deal
with him, for the offence for which the order was made in any manner in which
the court of summary jurisdiction could deal with him if it had just convicted
him of that offence.

(7) If a person in respect of whom a probation order or
an order for conditional discharge has been made by a court of summary
jurisdiction is convicted by another court of summary jurisdiction of any
offence committed during the probation period, or during
the period of conditional discharge, that court may deal with him, for the
offence for which the order was made, in any manner in which the court could
deal with him if it had just convicted him of that offence.

(8) In this section the expression "committing justice", in relation to a
person in respect of whom a probation order or
an order for conditional discharge has been made by [the Crown Court],
includes any resident magistrate or other justice of the peace acting for the
petty sessions district for which the resident magistrate or justice by whom
he was committed for trial or for sentence acted.


[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

© 1950 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/pai1950282/s6.html