Justice Act (Northern Ireland) 2016

2016 CHAPTER 21

An Act to make provision about enforcement of the payment of fines and other penalties; to provide for the appointment and functions of a Prison Ombudsman for Northern Ireland; to amend the law relating to the penalties for certain animal welfare offences, lay visitors for police stations, extreme pornographic and other sexual images, assaults on persons providing ambulance services, the early removal from prison of prisoners liable to removal from the United Kingdom, direct committal for trial, and firearms; and to make provision relating to the costs of the Accountant General of the Court of Judicature.

[12th May 2016]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

PART 1FINES AND OTHER PENALTIES: ENFORCEMENT

in relation to a magistrates' court, the clerk of petty sessions;

b

in relation to the Crown Court, the chief clerk.

In subsection (3), “earnings” has such meaning as may be specified in regulations.

Referral to the court: collection officer's report etc.7

1

Where a collection officer refers a debtor's case to court under section 6, the officer must provide the court with a report which sets out—

a

the action the officer has taken for the purpose of securing compliance with the collection order,

b

the contact the officer has had with the debtor or, if the officer has been unable to make contact with the debtor, the steps the officer has taken to make contact,

c

the information which the officer has obtained or verified under section 5(2) or (3), and

d

the steps the debtor has taken to pay the sum due.

2

In the case of a referral under section 6(6), the report under subsection (1) must state that the collection officer—

a

is satisfied as to the matters specified in section 6(7), and

b

is satisfied that section 23(5) (exceptions for vehicles used by disabled persons, emergency services, etc.) does not prevent the making of a vehicle seizure order.

3

The collection officer's report is admissible in proceedings before a court as evidence of the facts stated in it; and a court may, for example, take the report into account in deciding whether to issue a warrant under section 10.

8

Where the court takes action under subsection (1) otherwise than by making a bank account order, any interim bank account order in force in relation to the debtor is discharged.

9

Where the court issues a warrant of committal under subsection (1)(i), the length of the period of committal as pronounced by the court is to be reduced by the length of any period during which the debtor has, in the case to which the hearing under this section relates, been remanded or committed in custody under section 12 (but not under subsection (7) of that section).

10

In a case where the sum due is a sum treated as if it were adjudged to be paid by or imposed on a conviction, the reference in subsection (1)(j) to the time of the debtor's conviction is to be read as a reference to the time when the liability to the sum due arose.

Power to issue arrest warrant where debtor fails to attend hearing10

1

This section applies where, in the case of a debtor who is an individual—

a

a summons is issued under section 6(10) or 8(3), but

b

the debtor does not appear before court as required by the summons.

2

The court before which the debtor was required to appear may issue a warrant for the debtor's arrest if—

a

it is not satisfied that the summons was served on the debtor or that the debtor is evading service but is satisfied that a reasonable attempt has been made to serve the summons on the debtor,

b

it is satisfied that the debtor is aware of the liability to pay the sum due and of the possible consequences of defaulting on the payment,

c

it is considering the possibility of issuing a warrant to commit the debtor to prison under section 9(1)(i), and

d

it is satisfied that issuing a warrant for the debtor's arrest instead of reissuing the summons is proportionate to the objective of securing the debtor's appearance before the court.

3

On issuing a warrant under this section, the court must endorse the warrant for bail so as to direct that, once arrested, the debtor must be released on entering into the recognizance specified in the endorsement.

4

A warrant under this section may be executed only by a constable.

5

A warrant under this section is not to be regarded for the purposes of Article 19(1)(a)(i) of the Police and Criminal Evidence (Northern Ireland) Order 1989 as a warrant issued in connection with or arising out of criminal proceedings.

Arrest under warrant under section 1011

1

This section applies where a debtor is arrested in reliance on a warrant issued under section 10.

2

If the debtor enters into the recognizance specified in the endorsement to the warrant, it is not necessary for the debtor to be taken to a police station; and if the debtor is taken to a police station without having entered into the recognizance, he or she must be released from custody on entering into it.

3

6

A decision by the Department for Social Development for the purposes of this section is to be treated for the purposes of the Social Security (Northern Ireland) Order 1998 as if it were a decision to which Article 13 of that Order (appeals) applies.

7

The Department of Justice may by order amend this section so as to add a benefit to the list of relevant benefits or remove a benefit from the list.

Deduction from benefits: further provision in regulations15

1

Regulations may make further provision about applications for deductions from benefits; and the regulations may in particular make provision—

a

as to the circumstances and manner in which, and the times at which, the Department for Social Development may make deductions and payments for the purposes of section 14;

b

as to the calculation of the amounts to be deducted and paid and, in particular, to ensure that sums payable to the debtor by way of relevant benefits do not fall below such limit as is specified;

c

as to the priority between the payment of sums under the collection order and the payment of other sums from the amounts deducted;

d

as to the circumstances in which the Department for Social Development is to cease to make deductions;

e

requiring the Department for Social Development to notify the debtor in such manner and at such time as is specified of the total amount of the deductions made up to the time of the notification.

2

Regulations may—

a

make provision as to the contents of an application for deduction from benefits;

b

make provision that, where the amount to which the application relates has been paid, the court must notify the Department for Social Development and the debtor accordingly.

Enquiries into debtor's means16

1

Before exercising the power under section 4(1)(a) or 9(1)(c) to order a collection officer to make an application for deduction from benefits, the court must inquire into the debtor's means; and for that purpose the court may require the debtor to provide—

a

his or her full name, address, date of birth and National Insurance number, and

b

details of any relevant benefit which the debtor receives.

2

A person commits an offence if the person fails, without reasonable excuse, to provide information required under subsection (1).

3

A person commits an offence if, in providing information in response to a requirement under subsection (1), the person—

a

provides information which the person knows to be false in a material particular,

b

recklessly provides information which is false in a material particular, or

c

knowingly fails to disclose a material fact.

In this section F4—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“information” means information held in any form.

Attachment of earnings

Attachment of earnings order18

1

An attachment of earnings order is an order requiring the person to whom the order is directed to make such payments as are specified in the order out of the earnings which are payable to the debtor for the purpose of securing payment of the outstanding amount.

2

An attachment of earnings order may be made only in the case of a debtor who, at the time the order is made, is an individual aged 18 or over.

3

The person to whom an attachment of earnings order is directed must be a person who appears to the court or collection officer (according to which of them is making the order) to employ the debtor; and references in this section, section 19 and Schedule 1 to the employer, in relation to an attachment of earnings order, are to be read accordingly.

4

An attachment of earnings order must—

a

contain particulars specified in regulations enabling the debtor to be identified by the employer,

b

contain particulars specified in regulations of the amount to be recovered by the order,

c

specify the rate calculated in accordance with regulations as the rate at which amounts are to be deducted from the debtor's earnings,

d

specify to whom payments are to be made,

e

contain information about how to contact the collection officer, and

f

contain such other information as may be specified in regulations.

5

A person is to be treated as employing another person if that person, as principal and not as a servant or agent, pays to the other person sums defined as “earnings” for the purposes of this section.

6

In this section, “earnings” has such meaning as is specified in regulations.

7

Schedule 1, which makes further provision in relation to attachment of earnings orders, has effect.

Where an interim bank account order is in force, the collection officer may, on a written application by the debtor, make a hardship payment order if the officer is satisfied that, as a result of the interim bank account order, the debtor or his or her family is suffering hardship in meeting ordinary living expenses.

2

A hardship payment order is an order requiring the deposit-taker to make to the person specified in the order such payments as are specified in the order out of the amount specified in the interim bank account order.

3

Regulations may make further provision in relation to hardship payment orders; and the regulations may in particular make provision as to—

a

the matters to be included in an application for a hardship payment order;

b

the procedure to be followed when making the application;

c

the matters which the collection officer must take into account when determining an application for a hardship payment order;

d

the procedure to be followed when determining the application;

e

the contents of a hardship payment order;

f

service of a hardship payment order.

c

a vehicle which is used for police, fire and rescue or ambulance purposes,

d

a vehicle which is used by a medical practitioner on call from the practitioner's usual place of work and which displays a badge showing the practitioner's status as such and his or her address, or

e

a vehicle of such other description as may be specified in regulations.

6

In subsection (5)—

“disabled person's badge” means a badge issued, or having effect as if issued, under regulations made under section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978,
“recognised badge” has the meaning given in section 14A of that Act, and
“medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act.

7

Regulations may make further provision in relation to vehicle seizure orders; and the regulations may in particular—

a

specify the matters which a collection officer must take into account before making a request on a referral under section 6(6);

b

specify the matters to be included in a vehicle seizure order;

c

provide that a vehicle specified in a vehicle seizure order may not be sold in reliance on the order before the end of a specified period following the making of the order;

d

make provision in relation to the removal, securing and storage of a vehicle seized in reliance on a vehicle seizure order;

e

make provision enabling the release of a vehicle stored in reliance on a vehicle seizure order;

f

make provision to protect any interest which a person other than the debtor has in a vehicle subject to a vehicle seizure order.

8

Provision by virtue of subsection (7)(e) may provide for specified conditions to be met before the vehicle concerned is released; and the conditions may, in particular, include a condition requiring the payment of charges of a specified amount or description.

9

This section applies in the case of a person who was convicted of an offence, but not sentenced, before the commencement of this section (as well as in the case of a person convicted after that commencement).

Supplementary

Offences24

1

A person guilty of an offence under this Chapter is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

2

For the purposes of this Chapter, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (corporate liability for offences)—

a

applies with the omission of the words “the liability of whose members is limited”, and

b

where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the functions of management as if that member were a director of the body corporate.

3

If an offence under this Chapter is committed by a partnership or proved—

a

to have been committed with the consent or connivance of a partner, or

b

to be attributable to any neglect on the partner's part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

4

In subsection (3), “partner” includes a person purporting to act as such.

Appeals25

1

An appeal against a decision of a collection officer may—

a

where the responsible court is a magistrates' court, be made to a court of summary jurisdiction;

b

where the responsible court is the Crown Court, be made to that Court.

2

On an appeal under subsection (1), the court may quash or confirm the decision to which the appeal relates.

3

An appeal against a decision of a magistrates' court at a hearing under section 9 may be made to a county court.

4

An appeal against a decision of the Crown Court at a hearing under section 9 may be made to the Court of Appeal, but only with the leave of the Court of Appeal.

5

An appeal under subsection (1) must be brought before the end of 14 days beginning with the day on which the decision being appealed against was made.

6

Where an appeal is brought under this section, the collection order is suspended until the appeal is determined or abandoned.

Guidance26

1

The Department of Justice must issue guidance about the operation of this Chapter.

2

The Department of Justice may from time to time revise guidance under subsection (1); and, where it does so, it must issue the revised guidance.

3

A collection officer must, in exercising the officer's functions as such, have regard to guidance under this section.

Interpretation etc.27

1

In this Chapter—

“attachment of earnings order” has the meaning given in section 18(1);
“bank account order” has the meaning given in section 22(1);
“collection officer” has the meaning given in section 2(1);
“collection order” has the meaning given in section 3(1);
“the debtor” has the meaning given in section 1(2);
“deposit-taker” has the meaning given in subsection (2) below;
“interim bank account order” has the meaning given in section 20(1);
“the outstanding amount” has the meaning given in section 1(2);
“registered” has the meaning given in subsection (4) below;
“relevant benefit” has the meaning given in section 14(3);
“the responsible court” has the meaning given in section 6(1);
“statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954;
“the sum due” has the meaning given in section 1(2);
“vehicle” has the meaning given in subsection (3) below;

2

“Deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom; and this definition is to be read with—

a

section 22 of the Financial Services and Markets Act 2000,

b

any relevant order under that section, and

c

Schedule 2 to that Act.

3

“Vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that Article 6 of the Road Traffic (Northern Ireland) Order 1995 (exceptions for certain vehicles) applies as it applies for the purpose of the Road Traffic Orders (as defined by that Order).

4

“Registered”, in relation to a vehicle, means registered under the Vehicle Excise and Registration Act 1994.

5

In its application to this Chapter, section 24 of the Interpretation Act (Northern Ireland) 1954 (service of documents) has effect as if the word “registering” were omitted from subsection (1).

6

The power to make an oral application under this Chapter is, in the case of a company, exercisable by an officer of the company authorised by the company for the purpose.

Minor and consequential amendmentsI128

1

Schedule 2, which contains minor amendments and amendments consequential on the provisions of this Chapter, has effect.

2

The Department of Justice may by order make such consequential, supplementary or incidental provision as it considers appropriate in consequence of, or for giving full effect to, this Chapter.

3

An order under subsection (2) may amend, repeal, revoke or otherwise modify any statutory provision.

CHAPTER 2Other enforcement procedures

Supervised activity orders29

1

For Article 45 of the Criminal Justice (Northern Ireland) Order 2008 substitute—

Supervised activity order for default in payment of certain sums45
1
This Article applies where an individual aged 18 or over is liable to pay one or more sums adjudged to be paid by or imposed on conviction of an offence the total of which does not exceed £1,000 and the individual either—
a
is in default of payment of the amount outstanding; or
b
at the time of sentencing for the offence or at any subsequent time without such default having yet occurred, applies to the court for a supervised activity order.
2
If the court would, but for this Article, make an order or issue a warrant for the committal of the individual but considers a supervised activity order more appropriate (and does not consider any other non-custodial penalty appropriate), it may instead make a supervised activity order in respect of the individual.
3
A supervised activity order is an order requiring a person to—
a
attend for a period specified in the order at such place as may be determined by the supervising officer, and
b
engage, during that period, in activities in accordance with instructions given by the supervising officer.
4
The period specified under paragraph (3)(a) must not be less than 10 hours; and it must not be more than—
a
50 hours, if the amount specified in the order as outstanding does not exceed £200;
b
100 hours, if that amount exceeds £200 but does not exceed £500;
c
150 hours, in any other case.
5
The Department of Justice may by order—
a
amend paragraph (1) or (4)(a) or (b) by substituting for a sum of money specified there such other sum of money as is specified in the order;
b
amend paragraph (4)(a), (b) or (c) by substituting for a number of hours specified there such other number of hours as is specified in the order.
6
A supervised activity order in respect of a person comes into force as soon as it is made.
7
Where the person has been engaged for part of the period specified in a supervised activity order, the amount specified in the order as outstanding is reduced by the proportion which the part of the period for which the offender has so far been engaged bears to the whole of the period specified.
8
The person's liability for the sums adjudged to be paid by or imposed on the conviction and any supervised activity order made in respect of the outstanding amount of those sums are discharged only by—
a
payment of the outstanding amount;
b
the carrying out of the instructions given under the order for the number of hours specified in it; or
c
service of a period of imprisonment imposed under paragraph 5 or 6 of Schedule 3.
9
Schedule 3, which makes further provision in relation to supervised activity orders, has effect.
10
The references in this Article to a sum adjudged to be paid by or imposed on a conviction include a reference to a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed; and the reference in paragraph (1) to the time of sentencing is accordingly to be read as a reference to the time when the liability arose.
11
But the references in this Article to a sum adjudged to be paid by or imposed on a conviction do not include a reference to an amount payable under a confiscation order under Part 4 of the Proceeds of Crime Act 2002.
12
In this Article and Schedule 3, “supervising officer”, in relation to a supervised activity order, means a probation officer with responsibility for supervising the carrying out of the requirements of the order.

2

In Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008 (supervised activity orders: further provisions), in paragraph 1(a), omit “, or will be residing when the order comes into force,”.

3

In each of paragraphs 2(3), 5(4)(b) and 6(1)(b) of that Schedule, for “45(3)” substitute “ 45(4) ”.

4

In paragraph 3 of that Schedule (the cross-heading before which is omitted), in sub-paragraph (1), for “comes into force” substitute “ is made ”.

5

In paragraph 4(2) of that Schedule, for the words from “the offender has carried out” to the end substitute “ it is discharged in accordance with Article 45(8) ”.

6

In paragraph 5(1) of that Schedule, before “the lay magistrate may” insert “ or that the offender, having chosen to pay the outstanding amount, is in default on the payment, ”.

7

In paragraph 5(4) of that Schedule—

a

before “the court may” insert “ or that the offender is in default as mentioned in sub-paragraph (1), ”, and

b

for paragraph (a) substitute—

a
revoke the order and impose such period of imprisonment not exceeding 35 days as the court considers appropriate;

8

In paragraph 6(1) of that Schedule, for paragraph (d) substitute—

d
revoke the order and impose such period of imprisonment not exceeding 35 days as the court considers appropriate;

9

In Article 2 of that Order (general interpretation), at the end insert “ ; and in this Order, “statutory provision” has the same meaning as in that Act ”.

10

In Article 100 of that Order (regulations, orders and rules)—

a

in paragraph (2), for “or 22(4)” substitute “ , 22(4) or 45(5) ”, and

b

after paragraph (3) insert—

3A
An order under section 45(5) may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly

11

Section 58 of the Justice Act (Northern Ireland) 2011 (which provides for Article 45 of the 2008 Order to apply to certain financial penalties) is repealed.

12

This section applies in relation to convictions occurring before the commencement of this section (as well as those occurring afterwards).

Restriction on detention of children for default in paying fines, etc.30

1

Before Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (but after the preceding cross-heading) insert—

Restriction on detention for default of payment of fine, etc.46C
1
A child shall not be ordered to be detained in custody in default of the payment of any sum adjudged to be paid by or imposed on conviction of an offence unless, at the time when the sum becomes due or at any subsequent time at which it remains due, the child—
a
is already being detained in custody, or
b
has been ordered to be detained in custody but the period of detention has yet to begin.
2
The child may be ordered to be detained in custody for a period concurrent with that other period of detention; and the service of a period of detention ordered in reliance on this Article discharges the child's liability for the sum concerned.
3
A period of detention ordered in reliance on this Article must end on or before the date on which the child is to be discharged from the other period of detention; and where the applicable maximum period would otherwise extend beyond that date, it is to be reduced accordingly.
4
In this Article—
a
the reference to a sum adjudged to be paid by or imposed on a conviction includes a reference to a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed, and
b
the reference to the applicable maximum period is a reference to the applicable maximum period under section 35 of the Criminal Justice Act (Northern Ireland) 1945 or Schedule 3 to the Magistrates' Courts (Northern Ireland) Order 1981.

2

In Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (attendance centre orders), after paragraph (1) insert—

1A
An attendance centre order may (in spite of paragraph (1) and Article 46C) be made in default of the payment of a sum adjudged to be paid by or imposed on the conviction of an offence in a case where, at the time of the default, the child in question—
a
is not detained in custody or imprisoned, and
b
has not been ordered to be detained in custody or imprisoned with the period of detention or imprisonment yet to begin.
1B
The reference in paragraph (1A) to a sum adjudged to be paid by or imposed on a conviction includes a reference to a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed.

3

In Article 47 of that Order (the title to which becomes “ Limitation on punishment for contempt of court ”), in paragraph (1), omit sub-paragraph (b) and the preceding “or”.

4

Article 48 of that Order (which provides for committal to custody in a young offenders centre where a child is in default) is repealed.

5

In section 35 of the Criminal Justice Act (Northern Ireland) 1945 (powers of court in relation to fines etc.), after subsection (7) insert—

8
Subsection (1)(c) does not apply where the person concerned is a child except where detention would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998; and subsection (3) does not apply to a child.

6

In section 5(3) of the Treatment of Offenders (Northern Ireland) Act 1968 (power of court to detain young person in youth offenders centre for default), for “Article 47” substitute “ Article 46C ”.

7

In Article 56 of the Magistrates' Courts (Northern Ireland) Order 1981 (consecutive terms of imprisonment), after paragraph (3) (which allows a term of imprisonment for default to run consecutively to another term) insert—

4
Paragraph (3) does not apply to a child (see Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998).

8

In Article 91 of that Order (payment of sums adjudged to be paid by a conviction), after paragraph (8) (which provides for immediate committal where the person concerned indicates a preference for that) insert—

9
Paragraph (8) does not apply in the case of a child except where committal would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998.

9

In Article 92 of that Order (enforcement), after paragraph (5) insert—

6
This Article does not apply to a child, except where committal would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998.

10

In Article 93 of that Order (restrictions on power to order immediate committal), the text of which becomes paragraph (1), at the end insert—

2
This Article does not apply where the person is a child.

11

Article 94 of that Order (supervision of person under 21 until payment of sum) is repealed.

12

This section applies in relation to convictions occurring before the commencement of this section (as well as those occurring afterwards).

Distress in default31

1

In section 3 of the Fines Act (Ireland) 1851 (warrants for the execution of orders to be issued at certain periods), at the end add “ ; and no warrant of distress may be issued in reliance on this section at the time of sentencing of the person concerned ”.

2

In Article 92 of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of payment of a sum adjudged to be paid by a conviction), after paragraph (1) insert—

1A
A warrant of distress shall not be issued under paragraph (1)(a) at the time of sentencing of the person concerned.

Limitations on remission32

1

In section 13 of the Prison Act (Northern Ireland) 1953 (prison rules), after subsection (7) insert—

7A
Prison rules may not provide for—
a
the grant of remission to a person imprisoned or detained in default of a payment of a sum adjudged to be paid by or imposed on his conviction of an offence or a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed;
b
the grant of remission to an offender in respect of a period of imprisonment under paragraph 5 or 6 of Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008 (supervised activity order).

2

In paragraph 5 of Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008 (failure to comply with supervised activity order), after sub-paragraph (4) insert—

5
Section 13(7A) of the Prison Act (Northern Ireland) 1953 prevents prison rules from providing for the grant of remission to an offender in respect of a period of imprisonment imposed under sub-paragraph (4).

3

In paragraph 6 of that Schedule, after sub-paragraph (1) insert—

1A
Section 13(7A) of the Prison Act (Northern Ireland) 1953 prevents prison rules from providing for the grant of remission to an offender in respect of a period of imprisonment imposed under sub-paragraph (1)

4

This section does not apply in relation to offences committed before the commencement of this section.

PART 2The Prison Ombudsman For Northern Ireland

The Ombudsman

The Prison Ombudsman for Northern Ireland33

the Ombudsman shall notify the complainant (with a brief statement of the reasons for the decision) and may notify such other persons as the Ombudsman thinks fit.

11

Notification under subsection (10) may be given orally.

12

If the complainant has died or is unable to act, the reference in subsection (10) to the complainant is to be read as a reference to the person who appears to the Ombudsman to be the most appropriate person to receive the notification.

13

Regulations may make provision for the procedures to be followed in connection with the making and investigation of a complaint to which this section applies.

14

Subject to the provisions of any such regulations and to any other provision of this Part, it is for the Ombudsman to determine the procedures applicable to anything which is to be done in relation to a complaint or the investigation of the complaint.

15

At any time in the course of an investigation under this section the Ombudsman shall—

a

draw to the attention of the police any matter which in the Ombudsman's opinion is relevant to any criminal investigation;

b

draw to the attention of any body or person any matter which in the Ombudsman's opinion calls for action to be taken by that body or person.

Report of investigation of complaint36

at a prison or juvenile justice centre, or

b

Report on investigation under section 3940

b

enabling the Ombudsman to publish the whole or any part of a report;

c

restricting or prohibiting the identification of prescribed persons or persons of a prescribed description in a report or the inclusion of information of a prescribed description.

Powers of Ombudsman

Powers of Ombudsman43

10

Subsections (5) and (8) apply to—

a

the Ombudsman;

b

an officer of the Ombudsman;

c

a person from whom advice is obtained under paragraph 9 of Schedule 3.

Guidance to Ombudsman in relation to matters connected with national security45

1

The Secretary of State may issue guidance to the Ombudsman in relation to any matter connected with national security (including, in particular, any matter mentioned in section 1A(2)(c)(i) to (iii) of the Prison Act (Northern Ireland) 1953).

2

In carrying out any functions, the Ombudsman and officers of the Ombudsman must have regard to any guidance issued under this section.

Interpretation46

1

In this Part—

“the Department” means the Department of Justice;
“events” includes any conduct or omission;
“the Ombudsman” means the Prison Ombudsman for Northern Ireland;
“prescribed” means prescribed by regulations;
“prison” includes a young offenders centre;
“prisoner” means any person held at a prison;
“prison officer” means an individual appointed to a post under section 2(2) of the Prison Act (Northern Ireland) 1953;
“prison rules” means rules under section 13 of the Prison Act (Northern Ireland) 1953.

2

In this Part references to a prison include a reference to all land and buildings used for the purposes of, or in connection with, that prison.

In applying section 41(1)(b) the Ombudsman may take into account events occurring in the period of 12 months immediately preceding the appointed day (as well as events occurring on or after that day).

8

In this section “the appointed day” means the day appointed under section 61 for the coming into operation of this section.

PART 3Miscellaneous

Animal welfare

Penalties for animal welfare offences48

1

In section 31 of the Welfare of Animals Act (Northern Ireland) 2011 (penalties), in subsection (1) (summary-only offences), omit “8(3),” and “, 33(9), 40(7)”.

2

After that subsection insert—

1A
A person guilty of an offence under section 4 or 8(1) or (2) shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding £20,000, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or both.

7

In Article 29(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (right to claim trial by jury subject to exceptions), after sub-paragraph (o) insert—

p
section 4 or 8(1) or (2) of the Welfare of Animals Act (Northern Ireland) 2011 (unnecessary suffering; fighting).

Lay visitors

Lay visitors for all police stations49

In section 73 of the Police (Northern Ireland) Act 2000 (arrangements for lay visitors to visit designated places of detention)—

a

in subsections (1), (3)(a) and (4)(a) omit “designated”;

b

for subsections (9) and (10) substitute—

9
In this section “place of detention” means a police station at which persons are detained

Pornographic or other sexual images

Possession of pornographic images of rape and assault by penetration50

1

The Criminal Justice and Immigration Act 2008 is amended as follows.

2

In section 63(6) (possession of extreme pornographic images) after “subsection (7)” insert “ or (7A) ”.

3

In section 66 (defence: participation in consensual acts)—

a

in subsection (1)(b) for the words from “within” to the end substitute “ within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section). ”;

b

in subsection (2) after paragraph (c) insert

; and
d
if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.

4

In section 67 (penalties for possession of extreme pornographic images) in subsection (5)(b) at the end add “ or (7A)(a) or (b). ”.

on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

10

Schedule 4 makes special provision in connection with the operation of this section in relation to persons providing information society services.

data stored by any means which is capable of conversion into an image described in subsection (4).

the Department may, with P's agreement, remove P from prison under this section at any time during the period of 135 days ending with the day on which P will have served the requisite custodial period.

2

This section applies to a prisoner who is serving a sentence of imprisonment for a determinate term of at least 6 months, other than a prisoner serving an extended custodial sentence under Article 14 of the 2008 Order.

3

So long as P after being removed from prison under this section remains in Northern Ireland P remains liable to be detained in pursuance of P's sentence until P has served the requisite custodial period.

4

The Department may by order amend the number of days for the time being specified in subsection (1).

5

For the purposes of this section P is liable to removal from the United Kingdom if—

a

P is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him,

b

P is liable to deportation under section 3(6) of that Act,

c

P has been notified of a decision to refuse P leave to enter the United Kingdom,

d

P is an illegal entrant within the meaning of section 33(1) of that Act, or

e

P is liable to removal under section 10 of the Immigration and Asylum Act 1999.

6

In this section and section 56—

“the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;
“the requisite custodial period”—
1. a
  in a case where P is a prisoner to whom Article 17 of the 2008 Order applies, has the meaning given by paragraph (2) of that Article;
2. b
  in any other case, means one-half of P's sentence.

Re-entry into Northern Ireland of offender removed under section 5556

1

This section applies to a person who, having been removed from prison under section 55, has been removed from the United Kingdom before serving the requisite custodial period.

2

If a person to whom this section applies enters Northern Ireland at any time before the person's sentence expiry date, the person is liable to be detained in pursuance of the person's sentence from the time of the person's entry into Northern Ireland until whichever is the earlier of the following—

a

the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and

b

the person's sentence expiry date.

3

A constable may arrest without warrant any person whom he reasonably suspects is liable to be detained by virtue of subsection (2) and take that person to the place in which that person is liable to be detained.

4

A person returned to prison by virtue of subsection (2) may not be again removed from prison under section 55.

5

Where—

a

a person to whom Article 17(1) of the 2008 Order applies is returned to prison by virtue of subsection (2), and

b

the further custodial period ends before the sentence expiry date,

Article 17(1) has effect in relation to the person as if the reference to the requisite custodial period were a reference to the further custodial period.

6

In this section—

“further custodial period” has the meaning given by subsection (2)(a);
“outstanding custodial period”, in relation to a person, means the period beginning with the date of the person's removal from the United Kingdom and ending with the date on which the person would, but for that removal, have served the requisite custodial period;
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for that person's release from prison and removal from the United Kingdom, that person would have served the whole of the sentence.

Direct committal for trial

Direct committal for trial: indictable offence triable summarily57

1

Section 9 of the Justice Act (Northern Ireland) 2015 (cases where direct committal provisions may apply) is amended as follows.

2

In subsection (1) for “either” substitute “ one ”.

3

In subsection (2) after paragraph (a) insert—

aa
that the offence is an indictable offence to which Article 45 of the Magistrates' Courts (Northern Ireland) Order 1981 or Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies; or

Firearms

Amendments of Firearms (Northern Ireland) Order 2004, etc.58

1

The Firearms (Northern Ireland) Order 2004 has effect subject to the amendments contained in Schedule 5.

2

The following provisions of the Justice Act (Northern Ireland) 2011 are repealed—

section 103 (variation of firearm certificate);
section 104 (restrictions on use of shotguns by young persons), and
section 105 (restrictions on possession of air guns by young persons).

Costs

Costs of Accountant General in administering funds in court59

1

In section 116 of the Judicature (Northern Ireland) Act 1978 (fees), in subsection (1), after “in any office or by any officer connected with any such court” insert “ (including the Accountant General and the office maintained under section 77(2)) ”.

2

At the end of that section insert—

5
Nothing in this section affects section 39 of the Administration of Justice Act 1982 (which includes provision relating to the costs of administering funds in court).

PART 4General

Regulations and orders60

1

A power to make regulations under this Act is, subject to subsection (2), exercisable by the Department of Justice.

2

The power to make regulations under section 15(1) is exercisable by the Department for Social Development.

3

Regulations under section 2(3), 35(5) or 39(1)(a) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

4

Any other regulations under this Act are subject to negative resolution.

5

An order to which this subsection applies may not be made unless a draft of the order has been laid before, and approved by resolution of, the Assembly; and this subsection applies to—

a

an order under section 14(7);

b

an order under section 28(2) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation;

c

an order under section 55(4).

6

Any other order under this Act made by the Department of Justice (other than an order under section 61) is subject to negative resolution.

7

Regulations or orders under this Act made by the Department of Justice or the Department for Social Development may contain incidental, supplementary, transitional, transitory or saving provision.

Commencement and short title61

1

Section 28(2) and (3), Part 3 (other than section 48) and this Part come into operation on the day after this Act receives Royal Assent.

2

The other provisions of this Act come into operation on such day or days as the Department of Justice may by order appoint.

3

An order under this section may contain such transitional provision and such transitory modifications of this Act as appear to the Department of Justice to be necessary or expedient in connection with any provision brought into operation by the order.

4

This Act may be cited as the Justice Act (Northern Ireland) 2016.

SCHEDULES

SCHEDULE 1ATTACHMENT OF EARNINGS ORDERS

Section 18.

Service of order

Administrative costs of employer

4

Regulations may provide that, on any occasion when the debtor's employer makes a deduction from the debtor's earnings in compliance with an attachment of earnings order, the employer—

a

may also deduct such sum as is specified towards clerical and administrative costs, and

b

where the employer does so, must give the debtor a statement in writing of the total amount of the deduction.

Change of circumstances

5

2

In paragraph 9—

a

in the definition of “attachment of earnings order”—

i

for “100(4)” substitute “ 100(1) ”, and

ii

at the end insert “ and such an order under section 18 of the Justice Act (Northern Ireland) 2016 ”,

b

after that definition insert—

collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

5

A document purporting to set out a determination of the Department of Finance and Personnel under sub-paragraph (3) and to be signed by an officer of that Department, or a determination of the Minister of that Department under that sub-paragraph and to be signed on behalf of that Minister, is in any proceedings for or arising out of an attachment of earnings order to be admissible in evidence and deemed to contain an accurate statement of the determination unless the contrary is shown.

6

In this paragraph, “government department” includes a department of the government of the United Kingdom.

Regulations

10

Regulations may make further provision relating to attachments of earnings orders.

SCHEDULE 2COLLECTION ORDERS: MINOR AND CONSEQUENTIAL AMENDMENTS

Section 28.

Criminal Justice Act (Northern Ireland) 1945

1

In section 35 (powers of courts in relation to fines and forfeited recognizances), in subsection (1), in paragraph (e) at the end insert “ , unless there is a collection order in relation to the amount concerned ”.

2

After section 35(4A) insert—

4B
In a case where there is a collection order, the power to make the application referred to in subsection (4A) is instead exercisable by the collection officer responsible for securing compliance with the order.

3

In section 35(5) for “the last foregoing sub-section” substitute “ subsection (4) ”.

4

After section 35(7) insert—

8
In this section, “collection order” means an order under section3 of the Justice Act (Northern Ireland) 2016.

Mines Act (Northern Ireland) 1969

2

In Schedule 3 (inquiries into fitness of holders of certificates of competency), after paragraph 9 insert—

9A
The tribunal, having received an application under paragraph 9, must refer it to a district judge (magistrates' courts) for the judge to consider whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016; and the order may be made without a court hearing.

Magistrates' Courts (Northern Ireland) Order 1981

3

1

In Article 2(3) (interpretation) at the appropriate place insert—

“collection order” means (except in Article 96(1B)) an order under section 3 of the Justice Act (Northern Ireland) 2016;

2

In Article 91 (payment of sums adjudged to be paid by a conviction), in paragraph (4) at the end insert “ , unless there is a collection order in relation to the sum ”.

3

In Article 92 (enforcing payment of a sum adjudged to be paid by a conviction), in paragraph (4) at the end insert “ ; but this does not apply where there is a collection order in relation to the sum ”.

4

In Article 92A (fines imposed on companies), after paragraph (1) insert—

1A
In a case where there is a collection order, the power to make the application referred to in paragraph (1) is instead exercisable by the collection officer responsible for securing compliance with the order.

5

In Article 96 (transfer of fines elsewhere in the United Kingdom), after paragraph (1) insert—

1A
The clerk of a court of summary jurisdiction acting for the district in question must refer the transfer of fine order to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
1B
The duty under paragraph (1A) applies whether or not a collection order under Schedule 5 to the Courts Act 2003 or an enforcement order under section 226B of the Criminal Procedure (Scotland) Act 1995 has been made in relation to the sum to which the transfer of fine order relates.

Police and Criminal Evidence (Northern Ireland) Order 1989

4

In Article 19(1) (power of constable to enter and search), in sub-paragraph (a), after paragraph (ii) insert

; or
iii
a warrant of commitment issued under section 9(1)(i) of the Justice Act (Northern Ireland) 2016 (default by debtor);

Road Traffic Offenders (Northern Ireland) Order 1996

5

1

In Article 2(2) (interpretation) at the appropriate place insert—

“collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

2

In Article 76 (registration of sums payable in default), in paragraph (2)(a), for “21 days” substitute “ 28 days ”.

3

After Article 76(3) insert—

3A
The clerk of petty sessions must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
3B
Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under paragraph (2)(a).

4

In Article 79 (provisions supplementary to Articles 77 and 78 (which deal with cases where the registration of certain notices is invalidated)), in paragraph (5), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

5

In Part 2 of Schedule 2 (statutory statement of facts), in paragraph 3(3)(c), after “the person on whom the notice to owner is served” insert “ and a collection order may be made in that person's case without any court hearing ”.

Criminal Justice and Immigration Act 2008

6

1

In section 88 (international co-operation in relation to criminal justice matters: procedure in Northern Ireland on receipt of certificate by clerk of petty sessions), in subsection (3)—

a

after “must decide” insert

—
a

b

at the end insert

, and
b
if it is satisfied that none of the grounds for refusal apply, whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016.

2

In section 88(6) for the words from the beginning to “that Part,” substitute “ The enactments specified in subsection (6ZA) ”.

3

After section 88(6) insert—

6ZA
The enactments specified in this subsection are—
a
Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 and any instrument made under that Part;
b
Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 and any instrument made under that Chapter.

Justice Act (Northern Ireland) 2011

7

1

In section 67 (registration of fixed penalty), in subsection (2)(a), for “21 days” substitute “ 28 days ”.

2

After section 67(3) insert—

3A
Thefixed penalty clerk must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
3B
Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under subsection (2)(a).

3

In section 68 (challenge to notice), in subsection (9), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

4

In section 69 (setting aside of sum enforceable under section 67), in subsection (5), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

5

In section 70 (interpretation) at the appropriate place insert—

“collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

Justice Act (Northern Ireland) 2015

8

1

In section 24 (prosecutorial fines: registration of sum payable in default), in subsection (2)(a), for “21 days” substitute “ 28 days ”.

2

After section 24(3) insert—

3A
The fines clerk must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
3B
Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under subsection (2)(a).

3

In section 25 (challenge to notice), in subsection (7), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

4

In section 26 (setting aside of sum enforceable under section 24), in subsection (3), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.

5

In section 27 (interpretation), at the appropriate place insert—

“collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;

2

A person holding office as Ombudsman may be removed from office by the Department if the Department is satisfied that the person—

a

is incapable for medical or other reasons of performing the functions of the office;

b

has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of 3 months;

c

is the subject of a bankruptcy restrictions order or a debt relief restrictions order;

d

has been convicted of a criminal offence; or

e

is otherwise unable, unfit or unwilling to perform the functions of the office.

Remuneration and allowances

5

The Department shall pay the Ombudsman such remuneration and such travelling and other allowances as the Department may determine.

6

The Department shall pay to or in respect of a person who holds or has held office as Ombudsman such pension, allowances or gratuities as the Department may determine.

Appointment of acting Ombudsman

7

1

Where the office of Ombudsman becomes vacant, the Department may appoint a person as acting Ombudsman.

2

Any person holding office as acting Ombudsman ceases to hold that office—

a

on the appointment of a new Ombudsman; or

b

at the end of the period of one year beginning with the day on which the vacancy arose,

whichever first occurs.

3

Otherwise, a person appointed as acting Ombudsman holds office in accordance with the terms of appointment.

4

A person holding office as acting Ombudsman is to be treated for all purposes (apart from those of paragraphs 1 to 6) as the Ombudsman.

The Ombudsman's officers

8

1

The Ombudsman may, with the approval of the Department as to numbers and conditions of employment, appoint such officers as the Ombudsman may determine.

2

Any function of the Ombudsman may be performed on behalf of the Ombudsman by any officer of the Ombudsman authorised for the purpose by the Ombudsman.

Advisers

9

The Ombudsman may obtain advice from any person who, in the opinion of the Ombudsman, is qualified to give it, to assist the Ombudsman in the discharge of any function of the Ombudsman.

Documents

10

A document purporting to be duly signed by, or on behalf of, the Ombudsman shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

Finance

11

1

The Department may make payments to the Ombudsman out of moneys appropriated by Act of the Assembly.

2

Payments under this paragraph shall be made on such terms and conditions as the Department may determine.

3

The Ombudsman may not borrow money.

Annual report

12

1

As soon as practicable after the end of each financial year, the Ombudsman shall send to the Department a report on the carrying out of the functions of the Ombudsman during that year.

2

The Department shall lay a copy of the report before the Assembly and arrange for it to be published.

Data protection

13

In section 31(4) of the Data Protection Act 1998 (regulatory activities) in paragraph (a) after sub-paragraph (v) insert—

va
the Prison Ombudsman for Northern Ireland;

Freedom of information

14

1

In section 76(1) of the Freedom of Information Act 2000 (disclosure of information) in the Table after the entry relating to the Assembly Ombudsman for Northern Ireland insert—

The Prison Ombudsman for Northern Ireland
Part 2 of the Justice Act (Northern Ireland) 2016

2

In Part 7 of Schedule 1 to that Act (bodies, etc. which are public authorities for the purposes of the Act) for the entry relating to the Prisoner Ombudsman for Northern Ireland substitute— “ The Prison Ombudsman for Northern Ireland ”

Public Services Ombudsman

15

In Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities) after the entry relating to the Northern Ireland Police Fund insert— “ The Prison Ombudsman for Northern Ireland ”.

Interpretation

16

c

select or modify the information contained in the transmission.

3

For the purposes of sub-paragraph (1)—

a

the provision of access to a communication network, and

b

the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

4

Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

2

b

is summarised in recital 17 of the E-Commerce Directive covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

4

“Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

5

“Service provider” means a person providing an information society service.

SCHEDULE 5AMENDMENTS OF THE FIREARMS (NORTHERN IRELAND) ORDER 2004

Section 58.

Part 1Firearms - Persons under 18

Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16

1

In Article 2(2) (interpretation), after the definition of “shotgun certificate” insert—

“shotgun club” means a club established for the purpose of promoting and practising skill in the use of shotguns;

2

In the heading to Part 6, add at the end “ AND SHOTGUN CLUBS ”.

3

After the heading to Part 6 add— “ Firearms clubs ”.

4

After Article 50 insert—

Shotgun clubs
Authorisation of shotgun clubs to allow use of shotguns by minors for limited purposes50A
1
If the Chief Constable is satisfied that there will not be a danger to public safety or to the peace, the Chief Constable may, on payment of the appropriate fee, grant an authorisation for a shotgun club to allow persons under the age of 16 who have attained the age of 12 to use shotguns under appropriate supervision in accordance with the authorisation.
2
An authorisation must state that it is limited to the use of shotguns for clay target shooting or for such other purposes as may be prescribed.
3
The Chief Constable may at any time by notice in writing—
a
attach conditions to an authorisation;
b
vary or revoke conditions attached under this Article.
4
An authorisation shall continue in force for a period of five years from the date on which it is granted but if the Chief Constable is satisfied that there is a danger to public safety or to the peace, the Chief Constable may revoke the authorisation.
5
Any person who—
a
operates a shotgun club which allows a person under the age of 16 to use a shotgun except in accordance with an authorisation, or
b
contravenes any condition of an authorisation,
shall be guilty of an offence.
6
In this Article—
“appropriate supervision” means under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least five years;
“authorisation” means an authorisation granted under this Article;
“prescribed” means prescribed by regulations made by the Department of Justice.
7
The Department of Justice may make regulations substituting a different age for the lower age mentioned in paragraph (1) and paragraph 11(4) of Schedule 1.
8
The Department of Justice shall not make regulations under this Article unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

5

Before the heading to Article 51 insert— “ Power of entry ”.

6

In Article 51 (power of entry), in paragraph (1)—

a

in sub-paragraph (a), after “club” insert “ or a shotgun club ”;

b

after “Article 49” insert “ or 50A ”.

7

In Schedule 1 (firearm certificates - exemptions), in paragraph 11, after sub-paragraph (3) add—

4
A person who is under the age of 16 but has attained the age of 12 may, without holding a firearm certificate, use a shotgun in accordance with an authorisation under Article 50A.

8

In Schedule 5 (table of punishments), after the entry relating to Article 49(5)(b) insert—

Article 50A(5)(a)
Operating a shotgun club which allows unauthorised use of shotguns
(a) Summary
1 year or a fine of the statutory maximum or both
(b) Indictment
3 years or a fine or both
Article 50A(5)(b)
Contravention of conditions of authorisation
(a) Summary
1 year or a fine of the statutory maximum or both
(b) Indictment
3 years or a fine or both

9

In Schedule 5, in the second column of the entry relating to Article 51(2), after “club” insert “ or shotgun club ”.

Other amendments relating to persons under 18

2

1

Article 7 (purposes for which a young person may acquire and have in possession certain firearms and ammunition), in paragraph (3)(b)(i), after “sporting purposes” insert “ or for the purpose of pest control ”.

2

In Schedule 1 (firearm certificates—exemptions)—

a

in paragraph 9 (air guns and ammunition), in sub-paragraph (3)(b), (person under 18 may not purchase an air gun without a certificate unless the person has attained the age of 17), the words “unless he has attained the age of 17” are repealed;

b

in paragraph 11 (shotguns), in sub-paragraph (3), at the end add “ unless the person has attained the age of 16 and is under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least three years ”.

Part 2Firearm certificates and other certificates

Variation of firearm certificate

3

1

In Article 11 (variation of firearm certificate), for paragraphs (3) to (5) substitute—

3
If a person—
a
sells a firearm (“the first firearm”) to the holder of a firearms dealer's certificate (“the dealer”); and
b
as part of the same transaction purchases from the dealer another firearm (“the second firearm”); and
c
paragraph (4) applies,
the dealer may, on payment of the appropriate fee, vary that person's firearm certificate by substituting the second firearm for the first firearm.
4
This paragraph applies—
a
if both the first firearm and the second firearm are shotguns; or
b
if—
i
the second firearm is of the same type and calibre as the first firearm; and
ii
neither firearm is a prohibited weapon or a shotgun; or
c
if—
i
the first firearm is a rifle of a description mentioned in the first column of Schedule 1A; and
ii
the second firearm is a rifle of a calibre specified in relation to the same Band of Schedule 1A as the calibre of the first firearm; and
iii
neither firearm is a prohibited weapon, a muzzle-loading firearm as defined in Article 45(9) or a shotgun; and
iv
the second firearm will not be of the same calibre as any other firearm to which the firearm certificate relates; and
v
the firearm certificate is not held subject to a condition that the first firearm may be used only for the purposes of target shooting.
5
If a person—
a
sells or transfers a firearm to the holder of a firearms dealer's certificate (“the dealer”); and
b
does not as part of the same transaction purchase or acquire from the dealer another firearm,
the dealer may, on payment of the appropriate fee (if any), vary that person's firearm certificate by deleting that firearm.
6
Where the holder of a firearms dealer's certificate (“the dealer”) varies a firearm certificate under this Article, the dealer shall—
a
notify the Chief Constable of the variation within 72 hours of the variation being made; and
b
where the dealer receives the fee for varying the certificate, pay it to the Chief Constable.
7
A person who fails to comply with paragraph (6)(a) shall be guilty of an offence.
8
Schedule 1A (relevant firearms for Article 11(4)(c)) shall have effect.
9
The Department of Justice may make regulations amending Schedule 1A if a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

2

After Schedule 1 insert—

SCHEDULE 1ARelevant firearms for Article 11(4)(c)
Article 11(8
BAND
CALIBRE
1. Small quarry air rifles
.177
.20
.22
.25
2. Small quarry
.17 Mach 2
.17 HMR (Hornady Magnum Rimfire)
.22 LR (Long Rifle)
.22 WMR (Winchester Magnum Rimfire)
3. Medium quarry
.17 Hornet
.17 Remington
.17 Remington Fireball
.22 Hornet/5.6x36Rmm
.222 Remington
.204 Ruger
.223 Remington/5.56x45mm
.220 Swift
.22-250
4. Large quarry
.243 Winchester
.25-06
6.5mm x 55/.256
7mm x 08 Remington
.270
7.62 x 51mm/.308 Winchester
.30-06

BAND	CALIBRE
1. Small quarry air rifles	.177
.20
.22
.25
2. Small quarry	.17 Mach 2
.17 HMR (Hornady Magnum Rimfire)
.22 LR (Long Rifle)
.22 WMR (Winchester Magnum Rimfire)
3. Medium quarry	.17 Hornet
.17 Remington
.17 Remington Fireball
.22 Hornet/5.6x36Rmm
.222 Remington
.204 Ruger
.223 Remington/5.56x45mm
.220 Swift
.22-250
4. Large quarry	.243 Winchester
.25-06
6.5mm x 55/.256
7mm x 08 Remington
.270
7.62 x 51mm/.308 Winchester
.30-06

3

In Schedule 5 (table of punishments), after the entry relating to Article 10(3) insert—

Article 11(7)
Failure of firearms dealer to notify Chief Constable of variation of firearm certificate
Summary
Level 3

Variation of firearms dealer's certificate

4

In Article 29(6) (variation of firearms dealer's certificate), at the end add “ on payment of the appropriate fee ”.

Updated certificates

5

1

In Article 5 (grant of firearm certificate)—

a

in paragraph (5), after “duplicate certificate” insert “ or an updated certificate ”;

b

after paragraph (5) add—

6
In paragraph (5)—
“duplicate certificate” means a copy of the firearm certificate as granted; and
“updated certificate” means the firearm certificate revised up to such date as may be specified on the certificate.

2

In Article 26 (grant of firearms dealer's certificate)—

a

in paragraph (7)—

i

after “duplicate certificate” insert “ or an updated certificate ”;

ii

the words “(if any)” are repealed;

b

after paragraph (7) add—

8
In paragraph (7)—
“duplicate certificate” means a copy of the firearms dealer's certificate as granted;
“updated certificate” means the firearms dealer's certificate revised up to such date as may be specified on the certificate.

Certificates granted in Great Britain

6

1

The following provisions of Article 17 (firearm certificate or shotgun certificate granted in Great Britain has effect in Northern Ireland if Chief Constable grants certificate of approval) are repealed—

a

in paragraph (1), the words from “if” to the end;

b

paragraphs (2) and (3);

c

in paragraph (4)—

i

in the definition of “applicable conditions” the words from “, subject” to the end;

ii

the definitions of “certificate of approval” and “modifications”.

2

In Article 18 (air guns held without a firearm certificate in Great Britain)—

a

in paragraph (1)—

i

after “an air gun” insert “ to which paragraph (3) applies ”;

ii

in sub-paragraph (c) after “issued to him by the Chief Constable” add “ on payment of the appropriate fee ”;

b

after paragraph (2) add—

3
This paragraph applies to an air gun which is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.

Part 3Supplementary

Fees

7

1

For Schedule 6 (fees) substitute—

SCHEDULE 6Fees
Article 75.
Firearm certificate
1. Grant of firearm certificate
£98
2. Variation by Chief Constable
£30
3. Variation by firearms dealer under Article 11(3) to substitute firearm
£15
4. Variation by firearms dealer under Article 11(5) to delete firearm
No fee
5. Duplicate certificate
£14
6. Updated certificate
£14
Museum firearms licence
7. Grant of museum firearms licence by Department of Justice
£110
8. Extension to additional premises
£75
Visitor's firearm permit
9. Grant of visitor's firearm permit (except where paragraph 10 applies)
£16
10. Grant of six or more permits (taken together) on a group application
£80
Certificate of approval for air gun for resident in Great Britain
11. Certificate of approval for air gun for resident in Great Britain
£11
Firearms dealer's certificate
12. Grant of firearms dealer's certificate
£300
13. Duplicate certificate
£14
14. Updated certificate
£14
Firearms clubs and shotgun clubs
15. Authorisation of firearms club
£71
16. Authorisation of shotgun club to allow use of shotgun by persons 12 or over but under 16, except where the shotgun club is also a firearms club and an authorisation under Article 49 is granted at the same time
£71.

Consequential amendment

8

In Article 80(5) (regulations and orders made by the Department of Justice), after “Order” insert “ , except regulations under Article 11(9) or 50A, ”.

Article 50A(5)(a)	Operating a shotgun club which allows unauthorised use of shotguns	(a) Summary	1 year or a fine of the statutory maximum or both
		(b) Indictment	3 years or a fine or both
Article 50A(5)(b)	Contravention of conditions of authorisation	(a) Summary	1 year or a fine of the statutory maximum or both
		(b) Indictment	3 years or a fine or both

1. Grant of firearm certificate	£98
2. Variation by Chief Constable	£30
3. Variation by firearms dealer under Article 11(3) to substitute firearm	£15
4. Variation by firearms dealer under Article 11(5) to delete firearm	No fee
5. Duplicate certificate	£14
6. Updated certificate	£14

7. Grant of museum firearms licence by Department of Justice	£110
8. Extension to additional premises	£75

9. Grant of visitor's firearm permit (except where paragraph 10 applies)	£16
10. Grant of six or more permits (taken together) on a group application	£80

12. Grant of firearms dealer's certificate	£300
13. Duplicate certificate	£14
14. Updated certificate	£14

15. Authorisation of firearms club	£71
16. Authorisation of shotgun club to allow use of shotgun by persons 12 or over but under 16, except where the shotgun club is also a firearms club and an authorisation under Article 49 is granted at the same time	£71.