Template for Sentencing Remarks under the
Criminal Justice (NI) Order 2008
PASSING AN INDETERMINATE CUSTODIAL SENTENCE
- Opening Narrative
- Aggravating Features
- Mitigating Features
- 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.
- You have been convicted of an offence contrary to [ ]. This offence is a ‘serious 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 consider that there is such a risk for the following reasons –
[Set out reasons]
- 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 not be adequate for the following reasons –
[Set out reasons]
- I therefore intend to impose an Indeterminate Custodial Sentence.
- Discussion of Sentencing Guidelines/Tariffs for commensurate sentence.
- You will be required to serve of a minimum period of [ ] years to satisfy the requirements of retribution and deterrence. After that period the date of your release will be determined by the Parole Commissioners.
- [Deal with ancillary orders – Compensation Orders, Sexual Offences Prevention Orders, Serious Crime Prevention Orders, Disqualification Orders under PCVA(NI) Order 2003, etc.]
- [Deal with any Sexual Offences notification procedures.]