Search Legislation

Advanced Search

Northern Ireland (Sentences) Act 1998

Help about what version

What Version

Help about advanced features

Advanced Features

Changes over time for: Section 5

Help about opening options

Version Superseded: 19/02/2001

Alternative versions:

Status:

Point in time view as at 28/07/1998. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Northern Ireland (Sentences) Act 1998, Section 5 is up to date with all changes known to be in force on or before 18 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

5 Fixed term prisoners: special cases.N.I.

(1)If the length of a sentence is treated as reduced by a period of custody in accordance with section 26 of the M1Treatment of Offenders Act Northern Ireland) 1968 (duration of sentence) for the purposes of section 4(1) above the period of custody must be treated as having been served as part of the sentence.

(2)If a sentence of at least five years is supplemented by a period of imprisonment in accordance with section 16(2) of the M2Northern Ireland (Emergency Provisions) Act 1996 (conviction of scheduled offence during period of remission) for the purposes of section 4(1) above the supplementary period must be treated as part of the sentence.

(3)If—

(a)a sentence of less than five years is supplemented by a period of imprisonment in accordance with section 16(2) of the 1996 Act, and

(b)the supplementary period relates to an earlier sentence of at least five years for a qualifying offence (within the meaning of section 3 above),

the prisoner may make an application under section 3 in respect of the supplementary period and the application shall be granted if (and only if) the second and third conditions are satisfied.

(4)References in this section to section 16(2) of the 1996 Act include references to—

(a)section 23(2) of the M3Prevention of Terrorism (Temporary Provisions) Act 1989, and

(b)section 15(2) of the M4Northern Ireland (Emergency Provisions) Act 1991.

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources