Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/43

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38c. 11
Terrorism Act 2000

Part VII

Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property).

Article 18(2) (possessing firearm or imitation firearm at time of committing, or being arrested for, a specified offence).

Article 22(1), (2) or (4) (possession of a firearm or ammunition by a person who has been sentenced to imprisonment, &c.).

Article 23 (possessing firearm or ammunition in suspicious circumstances).

Children: sentence. 78.—(1) This section applies where a child is convicted on indictment of a scheduled offence committed while this section is in force.

(2) Article 45(2) of the S.I. 1998/1504 (N.I. 9).Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment for serious offence) shall have effect with the substitution for the words “14 years” of the words “five years”.

(3) In this section “child” means a person who has not attained the age of 17.

Restricted remission. 79.—(1) The remission granted under prison rules in respect of a sentence of imprisonment passed in Northern Ireland for a scheduled offence shall not, where it is for a term of five years or more, exceed one-third of the term.

(2) Where a person is sentenced on the same occasion for two or more scheduled offences to terms which are consecutive, subsection (1) shall apply as if those terms were a single term.

(3) Where a person is serving two or more terms which are consecutive but not all subject to subsection (1), the maximum remission granted under prison rules in respect of those terms taken together shall be arrived at by calculating the maximum remission for each term separately and aggregating the result.

(4) In this section “prison rules” means rules made under section 13 of the 1953 c. 18 (N.I.).Prison Act (Northern Ireland) 1953.

(5) The Secretary of State may by order substitute a different length of sentence and a different maximum period of remission for those mentioned in subsection (1).

(6) This section applies where—

(a) the scheduled offence is committed while this section is in force,
(b) the offence (being a scheduled offence within the meaning of the 1996 c. 22.Northern Ireland (Emergency Provisions) Act 1996) was committed while section 15 of that Act was in force,
(c) the offence (being a scheduled offence within the meaning of the 1991 c. 24.Northern Ireland (Emergency Provisions) Act 1991) was committed while section 14 of that Act was in force, or
(d) the offence (being a scheduled offence within the meaning of the 1978 c. 5.
1989 c. 4.
Northern Ireland (Emergency Provisions) Act 1978) was committed while section 22 of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.