Template for Sentencing Remarks under the
Criminal Justice (NI) Order 2008
PASSING AN EXTENDED CUSTODIAL SENTENCE
A SERIOUS OFFENCE, BUT ECS ADEQUATE TO PROTECT THE PUBLIC

  1. Opening Narrative
  2. Aggravating Features
  3. Mitigating Features
  4. This offence was committed on or after the 15 May 2008, and I am applying the sentencing provisions of the Criminal Justice (Northern Ireland) Order 2008.
  5. You have been convicted of an offence contrary to [   ].   This offence is a ‘serious offence’ as defined by the 2008 Order.
  6. I have considered if there is a significant risk of serious harm occasioned by you committing further violent/sexual offences specified in the 2007 Order.
    I consider that there is such a risk for the following reasons –
    [Set out reasons]
  7. In the circumstances, I have considered if an Extended Custodial Sentence would be adequate for the purpose of protecting the public.

    I consider that an Extended Custodial Sentence would be adequate for the following reasons-

    [Set out reasons]

     

  8. I therefore intend to impose an Extended Custodial Sentence.
  9. Discussion of Sentencing Guidelines/Tariffs for commensurate sentence.
  10. I consider that the appropriate custodial term to be a period of [      ] years .   After you have served at least one half of that period, the date of your release will be determined by the Parole Commissioners.
  11. I consider that the extension period should be [  ] years.   After you are released from prison, this is the period during which you will be subject to licence.   I consider that this period is necessary for protecting members of the public from serious harm, for the following reasons – [Set out reasons]
  12. [Deal with ancillary orders – Compensation Orders, Sexual Offences Prevention Orders, Serious Crime Prevention Orders, Disqualification Orders under PCVA (NI) Order 2003, etc.]
  13. [Deal with any Sexual Offences notification procedures.]