Part VII
Conviction during remission. 80.—(1) This section applies where—
- (a) a person is sentenced to imprisonment or a term of detention in a young offenders centre for a period exceeding one year,
- (b) he is discharged from prison or the centre in pursuance of prison rules, and
- (c) before his sentence or term would have expired (but for the discharge) he commits, and is convicted on indictment of, a scheduled offence.
(2) If the court before which he is convicted of the scheduled offence sentences him to imprisonment or a term of detention it shall in addition order him to be returned to prison or a young offenders centre for the period between the date of the order and the date on which the sentence or term mentioned in subsection (1) would have expired but for his discharge.
(3) No order shall be made under subsection (2) if the sentence imposed by the court is—
- (a) a suspended sentence,
- (b) a sentence of life imprisonment, or
- (c) a sentence of detention during the Secretary of State’s pleasure under Article 45(1) of the S.I. 1998/1504 (N.I. 9).Criminal Justice (Children) (Northern Ireland) Order 1998.
(4) An order made under subsection (2) shall cease to have effect if an appeal against the scheduled offence results in—
- (a) the acquittal of the person concerned, or
- (b) the substitution of a sentence other than imprisonment or a term of detention.
(5) The period for which a person is ordered under this section to be returned to prison or a young offenders centre—
- (a) shall be taken to be a sentence of imprisonment or term of detention for the purposes of the 1953 c. 18 (N.I.).
1968 c. 29 (N.I.).Prison Act (Northern Ireland) 1953 and for the purposes of the Treatment of Offenders Act (Northern Ireland) 1968 other than section 26(2) (reduction for time spent in custody), - (b) shall not be subject to any provision of prison rules for discharge before expiry, and
- (c) shall be served before, and be followed by, the sentence or term imposed for the scheduled offence and be disregarded in determining the appropriate length of that sentence or term.
(6) For the purposes of this section a certificate purporting to be signed by the governor or deputy governor of a prison or young offenders centre which specifies—
- (a) the date on which a person was discharged from prison or a young offenders centre,
- (b) the sentence or term which the person was serving at the time of his discharge, the offence in respect of which the sentence or term was imposed and the date on which he was convicted of that offence, and
