CAIN: Criminal Justice (Temporary Provisions) Act (Northern Ireland) 1970

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Criminal Justice (Temporary Provisions) Act
(Northern Ireland) 1970

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Criminal Justice
(Temporary Provisions) Act
(Northern Ireland) 1970

1970. Chapter 22

An Act to provide for the imposition of minimum sentences of imprisonment on persons convicted of certain offences committed during the period of the present emergency; and for related purposes.
[1st July 1970]

BE it enacted by the Queen's most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:-

1.	- (1) Subject to subsection (3), any person who is convicted of an offence, committed during the period of the present emergency, under any of the statutory provisions mentioned in column 1 of the Schedule shall, notwithstanding anything to the contrary contained in that or in any other statutory provision, be sentenced to imprisonment for not less than the period specified opposite that provision in column 2 of the Schedule.	Minimum sentences to be imposed for certain offences.
	(2) For the purposes of subsection (1) "period of the present emergency" means the period beginning with the 30th day of June 1970 and ending with such day as the Governor may by Order in Council declare to be the date on which the emergency that was the occasion of the passing of this Act came to an end.
	(3) Nothing in this section shall prejudice or affect any power of pardoning or reprieving offenders or remitting sentences which is exercisable under or by virtue of the Royal Prerogative.
2.	This Act may be cited as the Criminal Justice (Temporary Provisions) Act (Northern Ireland) 1970.	Short title.
		Section 1.

SCHEDULE

Statutory provision creating offence	Minimum sentence to be imposed therefor
The Malicious Damage Act 1861 (c. 97) sections 1 to 18 section 51	Twelve months. Six months.
The Explosives Act 1875 (c. 17) sections 4 or 5	Twelve months.
The Explosive Substances Act 1883 (c. 3) section 2 sections 3, 4 or 5	Five years. Two years.
The Criminal Law and Procedure (Ireland) Act 1887 (c. 20) section 2	Six months.
The Public Order Act (Northern Ireland) 1951 (c. 19) sections 1, 2, 3, 3A (1), 3B (1), 3C or 4 (1)	Six months.
The Summary Jurisdiction Act (Northern Ireland) 1953 (c. 3) section 26	If the amount of the damage, in the opinion of the court, exceeds £5, six months, otherwise three months.
The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) section 9	Six months in the case of a person convicted of riotous or disorderly behaviour in, or of any behaviour whereby a breach of the peace is likely to be occasioned in, any street, road, highway or other public place.
The Firearms Act (Northern Ireland) 1969 (c. 12) section 1 (1) section 1 (3) sections 14, 15 or 16 sections 17, 18 or 19 sections 20 or 21 sections 39 (2), 39 (5) or 41(3)	Six months. Three months. Three years. Two years. Six months. Six months.

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29) sections 1 or 2 section 3	Twelve months. Two years.
Public Order (Amendment) Act (Northern Ireland) 1970 (c. 4) section 6 sections 7 or 8	One month. If on summary conviction, six months and, if on conviction on indictment, twelve months.

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