Template for Sentencing Remarks under the
Criminal Justice (NI) Order 2008
          PASSING A DETERMINATE CUSTODIAL SENTENCE UNDER ARTICLE 8
THE OFFENCE IS NOT SERIOUS OR SPECFIED, OR IT IS AND THERE IS NO SIGNIFICANT RISK OF HARM TO THE PUBLIC
(For offences committed on or after 1 April 2009 and the determinate term (see para 8 below) is 12 months or more.

  1. Opening Narrative
  2. Aggravating Features
  3. Mitigating Features
  4. This offence was committed on or after the 1 April 2009, and I am applying the sentencing provisions of the Criminal Justice (Northern Ireland) Order 2008.
  5. A. You have been convicted of an offence contrary to [        ].   This offence is neither a ‘serious’ nor a ‘specified’ offence as defined by the 2008 Order.                        OR

    6. B.You have been convicted of an offence contrary to [        ].   This offence is [a ‘serious offence’] / [not a ‘serious offence’ but is a ‘specified offence’] as defined by the 2008 Order.

    I have considered if there is a significant risk of serious harm occasioned by you committing further violent/sexual offences specified in the 2008 Order.

    I do not consider that there is such a risk for the following reasons –

    [Set out reasons]
  1. In the circumstances, I am passing a sentence of imprisonment for a determinate term under the provisions of Article 8 of the 2008 Order.
  2. Discussion of Sentencing Guidelines/Tariffs for commensurate sentence.
  3. The length of the determinate term of the sentence shall be [   ] years.
  4. I have determined that the period after your release, during which you will be supervised by a Probation Officer in order to protect the public from harm and to prevent the commission of further offences, shall be [          ] years.   This period is called the Licence Period.
  5. I am obliged to deduct this Licence Period from the term of the sentence, and the Custodial Term, which you must serve will be a period of [   ] years in custody.   After you have served that period you will be released to serve the Licence Period.
  6. I am recommending that the Secretary of State impose the following licence conditions – [Set out conditions and your reasons]
  7. [Deal with ancillary orders – Compensation Orders, Sexual Offences Prevention Orders, Serious Crime Prevention Orders, Disqualification Orders under PCVA (NI) Order 2003, etc.]
  8. [Deal with any Sexual Offences notification procedures.]