Legislation – Justice Act (Northern Ireland) 2015
Changes to legislation:
Justice Act (Northern Ireland) 2015, Section 17 is up to date with all changes known to be in force on or before 28 March 2026. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 17:
- s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
- s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13(2)(2A) substituted for s. 13(2) by 2022 c. 4 (N.I.) s. 4(5)
- s. 13(4)(5) added by 2022 c. 4 (N.I.) s. 4(6)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- s. 13A inserted by 2022 c. 4 (N.I.) s. 4(7)
- Sch. 2 para. 8(1) Sch. 2 para. 8 renumbered as Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- Sch. 2 para. 8(2) inserted by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 2 para. 8(1) words substituted by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
PART 3PROSECUTORIAL FINES
Prosecutorial fine
Prosecutorial fine: notice of offer17
(1)
Where a Public Prosecutor receives a report that a summary offence has been committed and that the alleged offender was at the time of the offence aged over 18, the Public Prosecutor may issue a notice to that person offering that person the opportunity of receiving a prosecutorial fine notice in respect of that offence.
(2)
Where a Public Prosecutor receives a report that—
(a)
a number of summary offences have been committed by an alleged offender,
(b)
the offences all arise out of the same circumstances, and
(c)
the alleged offender was at the time of the offences aged over 18,
the Public Prosecutor may issue a notice to that person offering that person the opportunity of receiving a prosecutorial fine notice in respect of all the offences.
(3)
In subsections (1) and (2) “summary offence” means an offence which is punishable on summary conviction, whether or not it is also triable on indictment.
(4)
A notice under subsection (1) must—
(a)
state the alleged offence;
(b)
give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;
(c)
state the amount of the prosecutorial fine for that offence and each of the amounts referred to in paragraphs (a) and (b) of section 19(1) or (in the case of an offence falling within section 19(2)) each of the amounts referred to in paragraphs (a), (b) and (c) of section 19(2);
(d)
indicate that the alleged offender may accept or decline the offer by giving notice to the Public Prosecutor within 21 days of the date on which the notice was issued;
(e)
indicate that if the offer is declined, or no notice is served under paragraph (d) within the period mentioned in that paragraph, the alleged offender is liable to be prosecuted for the offence;
(f)
indicate that if the offer is accepted—
(i)
the alleged offender will be discharged from liability to be prosecuted for the offence; and
(ii)
a prosecutorial fine notice will be issued to the offender under section 18; and
(g)
state the effect of section 20(1) and (2).
(5)
A notice under subsection (2) must—
(a)
state the alleged offences;
(b)
give such particulars of the circumstances alleged to constitute the offences as are necessary to provide reasonable information about them;
(c)
state the amount of the prosecutorial fine for all the offences and each of the amounts referred to in paragraphs (a) and (b) of section 19(3) or (in a case where section 19(4) applies) each of the amounts referred to in paragraphs (a), (b) and (c) of section 19(4);
(d)
indicate that the alleged offender may accept or decline the offer by giving notice to the Public Prosecutor within 21 days of the date on which the notice was issued;
(e)
indicate that if the offer is declined, or no notice is served under paragraph (d) within the period mentioned in that paragraph, the alleged offender is liable to be prosecuted for the offences;
(f)
indicate that if the offer is accepted—
(i)
the alleged offender will be discharged from liability to be prosecuted for the offences; and
(ii)
a prosecutorial fine notice will be issued to the offender under section 18; and
(g)
state the effect of section 20(3) and (4).