Justice Act (Northern Ireland) 2011

1. Introductory Text

2. PART 1 VICTIMS AND WITNESSES

   1. CHAPTER 1 THE OFFENDER LEVY

      1. Offender levy imposed by court

         1. 1. Offender levy imposed by court

         2. 2. Enforcement and treatment of offender levy imposed by court

         3. 3. Deduction of offender levy imposed by court from prisoner's earnings

         4. 4. Offender levy imposed by court: other supplementary provisions

      2. Offender levy on certain penalties

         1. 5. Offender levy on certain penalties

      3. Amount of the offender levy

         1. 6. Amount of the offender levy

   2. CHAPTER 2 VULNERABLE AND INTIMIDATED WITNESSES

      1. Special measures for vulnerable and intimidated witnesses

         1. 7. Eligibility for special measures: age of child witnesses

         2. 8. Special measures directions for child witnesses

         3. 9. Special provisions relating to sexual offences

         4. 10. Evidence by live link: presence of supporter

         5. 11. Video-recorded evidence in chief: supplementary testimony

      2. Evidence of certain accused persons

         1. 12. Examination of accused through intermediary

      3. Witnesses protected from cross-examination by accused in person

         1. 13. Age of child complainant

3. PART 2 LIVE LINKS

   1. 14. Live links for patients detained in hospital

   2. 15. Live links at preliminary hearings in the High Court

   3. 16. Live links at preliminary hearing on appeals to the county court

   4. 17. Live link in sentencing hearing on appeals to the county court

   5. 18. Live links in the Court of Appeal

   6. 19. Live link direction for vulnerable accused or appellant

4. PART 3 POLICING AND COMMUNITY SAFETY PARTNERSHIPS

   1. Establishment of PCSPs and DPCSPs

      1. 20. Establishment of PCSPs and DPCSPs

   2. Functions of PCSPs and DPCSPs

      1. 21. Functions of PCSP

      2. 22. Functions of DPCSP

      3. 23. Code of practice for PCSPs and DPCSPs

   3. Annual reports

      1. 24. Annual report by PCSP to council

      2. 25. Annual report by Belfast PCSP to council

      3. 26. Annual report by DPCSPs to principal PCSP

   4. Other reports by PCSPs and DPCSPs

      1. 27. Reports by PCSP to joint committee

      2. 28. Reports by Belfast PCSP to joint committee

      3. 29. Reports by DPCSP to principal PCSP

   5. Policing committee reports

      1. 30. Reports by policing committees to Policing Board

      2. 31. Reports by policing committee of Belfast PCSP to Policing Board

      3. 32. Reports by policing committee of DPCSP to policing committee of principal PCSP

   6. Miscellaneous

      1. 33. Other community policing arrangements

      2. 34. Functions of joint committee and Policing Board

5. PART 4 SPORT

   1. CHAPTER 1 REGULATED MATCHES

      1. 35. Regulated matches

   2. CHAPTER 2 CONDUCT AT REGULATED MATCHES

      1. 36. Throwing of articles capable of causing injury

      2. 37. Chanting

      3. 38. Going onto the playing area

      4. 39. Possession of fireworks, flares, etc.

   3. CHAPTER 3 ALCOHOL ON VEHICLES TRAVELLING TO REGULATED MATCHES

      1. 40. Offences in connection with alcohol on vehicles

   4. CHAPTER 4 BANNING ORDERS IN RELATION TO REGULATED MATCHES

      1. 41. Banning orders: making on conviction

      2. 42. Banning orders: content

      3. 43. Banning orders: supplementary

      4. 44. Banning orders: “violence” and “disorder”

      5. 45. Banning orders: duration

      6. 46. Banning orders: additional requirements

      7. 47. Termination of banning orders

      8. 48. Information about banning orders

      9. 49. Failure to comply with banning order

   5. CHAPTER 5 ENFORCEMENT

      1. 50. Powers of enforcement

6. PART 5 TREATMENT OF OFFENDERS

   1. 51. Increase in maximum term of imprisonment for common assault or battery

   2. 52. Penalty for certain knife offences

   3. 53. Extension of maximum period of deferment of sentence

   4. 54. Breach of licence conditions by sex offenders

   5. 55. Sexual offences: closure orders

   6. 56. Financial reporting orders

   7. 57. Dangerous offenders: serious and specified offences

   8. 58. Supervised activity order in respect of certain financial penalties

7. PART 6 ALTERNATIVES TO PROSECUTION

   1. CHAPTER 1 PENALTY NOTICES

      1. Penalty offences and penalties

         1. 59. Penalty offences and penalties

      2. Penalty notices

         1. 60. Penalty notices

         2. 61. Form of penalty notice

         3. 62. Effect of penalty notice

         4. 63. General restriction on prosecution

         5. 64. Guidance

      3. Procedure

         1. 65. Payment of penalty

         2. 66. Registration certificates

         3. 67. Registration of penalty

         4. 68. Challenge to notice

         5. 69. Setting aside of sum enforceable under section 67

      4. Interpretation

         1. 70. Interpretation of this Chapter

   2. CHAPTER 2 CONDITIONAL CAUTIONS

      1. 71. Conditional cautions

      2. 72. The five requirements

      3. 73. Variation of conditions

      4. 74. Failure to comply with conditions

      5. 75. Arrest for failure to comply

      6. 76. Application of PACE provisions

      7. 77. Code of practice

      8. 78. Powers of Probation Board

      9. 79. Interpretation of this Chapter

8. PART 7 LEGAL AID, ETC.

   1. 80. Eligibility for criminal legal aid

   2. 81. Order to recover costs of legal aid

   3. 82. Eligibility of persons in receipt of guarantee credit

   4. 83. Legal aid for certain bail applications

   5. 84. Financial eligibility for grant of right to representation

   6. 85. Litigation funding agreements

   7. 86. Civil legal services: scope

   8. 87. Enhanced legal aid fees for certain solicitors

9. PART 8 SOLICITORS' RIGHTS OF AUDIENCE

   1. 88. Authorisation of Society conferring additional rights of audience

   2. 89. Rights of audience of solicitors

   3. 90. Consequential and supplementary provisions

10. PART 9 MISCELLANEOUS

    1. 91. Bail: compassionate grounds

    2. 92. Bail: repeat application

    3. 93. Possession of offensive weapon with intent to commit an offence

    4. 94. Power of Department to make payments in relation to prevention of crime, etc.

    5. 95. Publication of material relating to legal proceedings

    6. 96. Membership of Crown Court Rules Committee

    7. 97. Membership of Court of Judicature Rules Committee

    8. 98. Funds in court: investment fees or expenses

    9. 99. Appeals from Crown Court: Proceeds of Crime Act 2002

    10. 100. Witness summons in magistrates' court

    11. 101. Criminal conviction certificates to be given to employers

    12. 102. Accounts of the Law Commission

    13. 103. Variation of firearms certificate

    14. 104. Restrictions on use of shotguns by young persons

    15. 105. Restrictions on possession of air guns by young persons

11. PART 10 SUPPLEMENTARY PROVISIONS

    1. 106. Supplementary, incidental, consequential and transitional provision, etc

    2. 107. Regulations and orders

    3. 108. Interpretation

    4. 109. Transitional provisions and savings

    5. 110. Minor and consequential amendments and repeals

    6. 111. Commencement

    7. 112. Short title

12. SCHEDULES

    1. SCHEDULE 1

       POLICING AND COMMUNITY SAFETY PARTNERSHIPS

       1. Interpretation

          1. 1. (1) In this Schedule, in relation to a PCSP— “independent...

       2. Composition

          1. 2. A PCSP shall consist of— (a) political members appointed under...

       3. Political members

          1. 3. (1) There shall be 8, 9 or 10 political members,...

       4. Independent members

          1. 4. (1) The number of independent members shall be one less...

          2. 5. (1) Where appointments are to be made of independent members,...

          3. 6. (1) In exercising functions under paragraphs 4 and 5, a...

       5. Representatives of designated organisations

          1. 7. (1) A PCSP must designate at least 4 organisations for...

       6. Removal of members

          1. 8. (1) The Policing Board, or the council with the approval...

       7. Disqualification

          1. 9. (1) A person is disqualified for being a political or...

       8. Chair and vice-chair

          1. 10. (1) For each PCSP there shall be—

       9. Procedure of PCSP

          1. 11. (1) The quorum for a meeting of a PCSP shall...

       10. Policing committee: constitution

           1. 12. (1) For each PCSP there shall be a policing committee...

       11. Policing committee: procedure

           1. 13. (1) The quorum for a meeting of a policing committee...

       12. Other committees

           1. 14. (1) A PCSP may— (a) constitute other committees of such...

       13. Indemnities

           1. 15. The council may indemnify a member of a PCSP in...

       14. Insurance against accidents

           1. 16. (1) The council may insure against risks of a member...

       15. Expenses

           1. 17. The council may pay to members of a PCSP such...

       16. Finance

           1. 18. (1) The Department and the Policing Board shall for each...

       17. Validity of proceedings

           1. 19. The validity of any proceedings of a PCSP or a...

       18. Disclosure of pecuniary interests, family connections, etc.

           1. 20. Sections 28 to 33, 42, 46, 47 and 146 of...

       19. Joint PCSPs

           1. 21. (1) The Department may by order provide that two or...

       20. Belfast PCSP

           1. 22. (1) The preceding paragraphs of this Schedule have effect in...

    2. SCHEDULE 2

       DISTRICT POLICING AND COMMUNITY SAFETY PARTNERSHIPS

       1. Interpretation

          1. 1. (1) In this Schedule, in relation to a DPCSP— “independent...

       2. Composition

          1. 2. (1) A DPCSP shall consist of— (a) 6 political members...

       3. Political members

          1. 3. (1) The council shall exercise its power to appoint political...

       4. Independent members

          1. 4. (1) Appointments of independent members shall be made by the...

          2. 5. (1) Where appointments are to be made of independent members...

          3. 6. (1) In exercising functions under paragraphs 4 and 5, the...

       5. Representatives of designated organisations

          1. 7. (1) A DPCSP must designate at least 4 organisations for...

       6. Removal of members

          1. 8. (1) The Policing Board, or the council with the approval...

       7. Disqualification

          1. 9. (1) A person is disqualified for being a political or...

       8. Chair and vice-chair

          1. 10. (1) For each DPCSP there shall be—

       9. Procedure of DPCSP

          1. 11. (1) The quorum for a meeting of a DPCSP shall...

       10. Policing committee: constitution

           1. 12. (1) For each DPCSP there shall be a policing committee...

       11. Policing committee: procedure

           1. 13. (1) The quorum for a meeting of a policing committee...

       12. Other committees

           1. 14. (1) A DPCSP may constitute other committees of its members;...

       13. Indemnities

           1. 15. The council may indemnify a member of a DPCSP in...

       14. Insurance against accidents

           1. 16. (1) The council may insure against risks of a member...

       15. Expenses

           1. 17. The council may pay to members of a DPCSP such...

       16. Finance

           1. 18. (1) The Department and the Policing Board shall for each...

       17. Validity of proceedings

           1. 19. The validity of any proceedings of a DPCSP or a...

       18. Disclosure of pecuniary interests, family connections, etc.

           1. 20. Sections 28 to 33, 42, 46, 47 and 146 of...

    3. SCHEDULE 3

       REGULATED MATCHES

       1. 1. In this Schedule— “the IFA” means the Irish Football Association;...

       2. Association football

          1. 2. This paragraph applies to an association football match in which...

          2. 3. This paragraph applies to an association football match in which...

          3. 4. This paragraph applies to an association football match in which...

          4. 5. This paragraph applies to an association football match—

       3. Gaelic games

          1. 6. This paragraph applies to a match in a gaelic game...

          2. 7. This paragraph applies to a match in a gaelic game...

       4. Rugby union

          1. 8. This paragraph applies to a rugby union match which—

          2. 9. This paragraph applies to a rugby union match—

    4. SCHEDULE 4

       PENALTY OFFENCES AND PENALTIES

    5. SCHEDULE 5

       ENHANCED LEGAL AID FEES FOR CERTAIN SOLICITORS

       1. Power to provide for enhanced fee

          1. 1. (1) Regulations under Article 22 or 36 of the Legal...

       2. Accreditation of solicitors

          1. 2. (1) The Law Society shall make regulations with respect to...

       3. Duties of solicitor

          1. 3. (1) Sub-paragraph (2) applies where— (a) either—

       4. Regulations

          1. 4. (1) Regulations under this Schedule require the concurrence of—

       5. Consequential amendments

          1. 5. The Department may by order make such amendments to—

       6. Interpretation

          1. 6. In this Schedule— “accredited solicitor”, in relation to any court...

    6. SCHEDULE 6

       TRANSITIONAL AND SAVING PROVISIONS

       1. Offender levy

          1. 1. A provision in Chapter 1 of Part 1 does not...

       2. Vulnerable and intimidated witnesses

          1. 2. (1) The amendments made by sections 7 to 11 apply...

       3. Banning orders

          1. 3. A banning order may not be made under section 41...

       4. Increase in penalties

          1. 4. (1) Section 51(2) does not apply in relation to an...

       5. Conditions of sex offender licence

          1. 5. Section 54 applies in relation to offenders released on licence...

       6. Serious and specified offences

          1. 6. Section 57 does not apply in relation to an offence...

       7. Alternatives to prosecution

          1. 7. A provision in Chapter 1 or 2 of Part 6...

       8. Witness summonses

          1. 8. Section 100 applies in relation to any criminal proceedings before...

       9. Accounts of the Law Commission

          1. 9. Section 102 applies in relation to accounts for the financial...

    7. SCHEDULE 7

       MINOR AND CONSEQUENTIAL AMENDMENTS

       1. The Vagrancy Act 1824 (c. 83)

          1. 1. In section 4(i) of the Vagrancy Act 1824 for “arrestable...

       2. The Judicature (Northern Ireland) Act 1978 (c. 23)

          1. 2. In section 82(1) (rules as to funds in court)—

       3. The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

          1. 3. (1) In Article 29(1)(l) (right to claim trial by jury...

       4. The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)

          1. 4. . . . . . . . . . ....

       5. The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)

          1. 5. In Article 28(1)(a) (interim disqualification) for “Article 11 of the...

       6. The Employment Rights (Northern Ireland) Order 1996 (NI 16)

          1. 6. In Article 78(2) for sub-paragraph (f) substitute—

       7. The Criminal Evidence (Northern Ireland) Order 1999 (NI 8)

          1. 7. In Article 15(5) (consequences of admitting video recording) in sub-paragraph...

       8. The Police (Northern Ireland) Act 2000 (c. 32)

          1. 8. (1) In section 22(3) for “district policing partnership” substitute “...

       9. The Freedom of Information Act 2000 (c. 36)

          1. 9. In Part 7 of Schedule 1 at the appropriate place...

       10. The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002 (NI 3)

           1. 10. (1) In Article 9(1)— (a) omit sub-paragraph (a);

       11. The Proceeds of Crime Act 2002 (c. 29)

           1. 11. In section 195N(1) (as inserted by section 57(2) of the...

       12. The Sexual Offences Act 2003 (c. 42)

           1. 12. (1) In section 116(2)(b) (qualifying offenders for foreign travel orders)...

       13. The Anti-social Behaviour (Northern Ireland) Order 2004 (NI 12)

           1. 13. In Article 6C(3) (special measures for witnesses: modifications of Part...

       14. The Criminal Justice (Northern Ireland) Order 2008 (NI 1)

           1. 14. In Schedule 3 (supervised activity orders) in paragraph 1(a) after...

       15. The Sexual Offences (Northern Ireland) Order 2008 (NI 2)

           1. 15. (1) In Article 74(1)(a) (sexual penetration of a corpse) for...

    8. SCHEDULE 8

       REPEALS

       1. PART 1 VULNERABLE AND INTIMIDATED WITNESSES

       2. PART 2 POLICING AND COMMUNITY SAFETY PARTNERSHIPS

       3. PART 3 LEGAL AID, ETC.

       4. PART 4 SOLICITORS' RIGHTS OF AUDIENCE

       5. PART 5 MISCELLANEOUS