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The Criminal Justice (Firearms)(Northern Ireland) Order 1988

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Statutory Instruments

1988 No. 1845 (N.I. 15)

NORTHERN IRELAND

The Criminal Justice (Firearms)(Northern Ireland) Order 1988

Made

26th October 1988

Laid before Parliament

10th November 1988

Coming into Operation

27th December 1988

At the Court at Buckingham Palace, the 26th day of October 1988

Present,

The Queen’s Most Excellent Majesty in Council

Whereas this Order is made only for purposes corresponding to those of section 44(3) and (4) of the Criminal Justice Act 1988(1):

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974(2) (as modified by section 168 of the said Act of 1988) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Title and commencement

1.—(1) This Order may be cited as the Criminal Justice (Firearms) (Northern Ireland) Order 1988.

(2) This Order shall come into operation on the expiration of two months from the day on which it is made.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954(3) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

Life imprisonment for certain firearms offences

3.—(1) In column 4 of Schedule 2 to the Firearms (Northern Ireland) Order 1981(4) (maximum punishment for offences), in the entries relating to—

(a)Article 18(2) (possession of firearm or imitation firearm while committing offence specified in Schedule 1), and

(b)Article 19(1) (carrying firearm or imitation firearm with criminal intent),

for “14 years” there shall be substituted “Life imprisonment”.

(2) Nothing in paragraph (1) shall affect the punishment for an offence committed before the commencement of this Order.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order is made only for purposes corresponding to those of section 44(3) and (4) of the Criminal Justice Act 1988.

It increases the maximum punishment which may be imposed on a person convicted of an offence under Article 18(2) or 19 of the Firearms (Northern Ireland) Order 1981 (possession of firearm or imitation firearm at time of committing or being arrested for certain offences; carrying firearm or imitation firearm with criminal intent) from fourteen years' imprisonment to life imprisonment.

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