The Juries (Northern Ireland) Order 1996

SCHEDULES

Article 3(2).

SCHEDULE 1 N.I. PERSONS DISQUALIFIED FOR JURY SERVICE

1.  Any person who has at any time been convicted by a court in the United Kingdom, the Channel Islands or the Isle of Man and sentenced— N.I.

(a) to imprisonment for life or for a term of five years or more; or

(b) to be detained during Her Majesty's pleasure or during the pleasure of the Secretary of State or during the pleasure of the Governor of Northern Ireland.

2.  Any person who at any time in the last ten years has in the United Kingdom or the Channel Islands or the Isle of Man— N.I.

(a) served any part of a sentence of imprisonment or detention; or

(b) been detained in a young offenders centre;

(c) had passed on him or (as the case may be) made in respect of him a suspended sentence of imprisonment or order for detention; or

(d) had made in respect of him a community service order [F1 or a community payback order with an unpaid work or other activity requirement imposed under section 227A or 227M of the Criminal Procedure (Scotland) Act 1995 F2 ].

F1 Words in Sch. 1 para. 2(d) inserted (16.9.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), arts. 1(2), 3, Sch. para. 15(2) (with art. 4(3))

F2 1995 c.46.

3.  Any person who at any time in the last five years has, in the United Kingdom or the Channel Islands or the Isle of Man, been placed on probation [F3 or had made in respect of him a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 which did not include an unpaid work or other activity requirement under section 227A(2)(c)]. N.I.

F3 Words in Sch. 1 para. 3 inserted (16.9.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), arts. 1(2), 3, Sch. para. 15(3) (with art. 4(3))

Article 3(3).

SCHEDULE 2 N.I. PERSONS INELIGIBLE FOR JURY SERVICE

Persons concerned with the administration of justice N.I.

Persons holding or who have at any time held any paid, judicial, or other office belonging to any court of justice in Northern Ireland.

[F4 Lay magistrate.]

F4 2002 c. 26

Justices of the peace.

F5 . . .

F5 2002 c. 26

The Chairman or President, the Vice-Chairman or Vice-President and the registrar and assistant registrar of any Tribunal.

Barristers at law and solicitors whether or not in actual practice as such.

Solicitors' clerks.

Students of the Inn of Court of Northern Ireland or of the Law Society of Northern Ireland.

[F6 The Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland and the members of staff of the Public Prosecution Service for Northern Ireland.]

F6 2002 c. 26

[F7 The Chief Inspector of Criminal Justice in Northern Ireland and the members of his staff.]

F7 Sch. 2: entry substituted (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 85(1), 87(1), Sch. 12 para. 53(3); S.R. 2006/124, art. 2, Sch. paras. 8, 10(b)

Officers of the Northern Ireland Office or of the Lord Chancellor's Department.

[F8 Officers of the Department of Justice]

F8 Sch. 2: entry inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(5), Sch. 18 para. 152(5) (with arts. 28-31); S.I. 2010/977, art. 1(2)

F9 . . .

F9 Entry omitted (12.4.2010) by virtue of Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 4, Sch. para.16(5) (with arts. 5-7)

[F10 Court security officers.]

F10 2002 c. 26

Governors, chaplains and other officers of, and members of[F11 independent monitoring boards] for, the following establishments—

(a) a prison within the meaning of the [1953 c. 18 (N.I.)] Prison Act (Northern Ireland) 1953;

[F12 (b) a juvenile justice centre or attendance centre within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998; or]

(c) a remand centre or young offenders centre within the meaning of the [1968 c. 29 (N.I.)] Treatment of Offenders Act (Northern Ireland) 1968.

F11 2005 NI 15

F12 1998 NI 9

The warden or a member of the staff of a bail hostel as defined in Article 2(2) of the [1982 NI 10] Probation Board (Northern Ireland) Order 1982.

Members of the Probation Board for Northern Ireland.

Probation officers and persons appointed to assist them.

A person appointed for the purposes of Article 7(6) of the [1976 NI 4] Treatment of Offenders (Northern Ireland) Order 1976.

[F13 Police officers and any other person employed in any capacity by virtue of which he has the powers and privileges of a constable.]

F13 2000 c. 32

[F14 Members and staff of the Policing Board.]

F14 2000 c. 32

F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 Sch. 2: entry repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174(2), 178(8), Sch. 4 para. 88, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(aa) (with art. 4(2)-(7))

[F16 The Police Ombudsman for Northern Ireland and persons employed by him.].

F16 1998 c. 32

Persons in charge of, or employed in, a forensic science laboratory.

Prisoner custody officers within the meaning of section 122(1) of the [1994 c. 33] Criminal Justice and Public Order Act 1994.

Members and employees of the Criminal Cases Review Commission.

Persons who at any time within the past ten years have been persons falling within any of the foregoing descriptions (except the first) of persons concerned with the administration of justice.

The Forces N.I.

Persons serving on full pay as members of any of the naval, military or air forces of the Crown raised in the United Kingdom.

Members of the Royal Irish Regiment.

Other persons N.I.

Persons suffering from mental disorder within the meaning of the [1986 NI 4] Mental Health (Northern Ireland) Order 1986.

Persons unable to understand the English language.

Article 10(2).

SCHEDULE 3 N.I. PERSONS EXCUSABLE FROM JURY SERVICE AS OF RIGHT

Parliament N.I.

Peers and peeresses entitled to receive writs of summons to attend the House of Lords.

Members of the House of Commons.

Northern Ireland Assembly N.I.

Members of the Northern Ireland Assembly.

Officers and servants of the Northern Ireland Assembly.

[F17 Scottish Parliament and Scottish Executive N.I.

F17 Words in Sch. 3 inserted (6.5.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), arts. 1(2)(a), 3, Sch. 1 para. 23(a)

• Members of the Scottish Parliament.

• Members of the Scottish Executive.

• Junior Scottish Ministers.]

European Parliament N.I.

Representatives to the European Parliament.

Public officials N.I.

The[F18 Assembly Ombudsman for Northern Ireland] and the Northern Ireland Commissioner for Complaints.

F18 1996 NI 8

Persons in the Northern Ireland Civil Service receiving a salary on a scale the maximum of which is not lower than the maximum of the Grade 5 scale.

The Chief Electoral Officer and persons appointed to assist him.

The Comptroller and Auditor General for Northern Ireland.

[F19 The Auditor General for Scotland]

F19 Words in Sch. 3 inserted (6.5.1999) by The Scotland Act 1998 (Consequential Modifications) (No.1) Order 1999 (S.I. 1999/1042), arts. 1(2)(a), 3, Sch. 1 para. 23(b)

The Secretary and any Director of the Northern Ireland Audit Office.

Officers employed in any capacity by the Commissioners of Customs and Excise, or Commissioners of Inland Revenue.

Officers in charge of a head office in Northern Ireland of a department of the Government of the United Kingdom.

Inspectors of schools.

Inspectors appointed under section 123 of the [1969 c. 6 (N.I.)] Mines Act (Northern Ireland) 1969.

Clergy, etc. N.I.

A person in Holy Orders and a regular minister of any religious denomination.

Vowed members of any religious order living in a monastery, convent or other religious community.

Practising members of a religious society or order the tenets or beliefs of which are incompatible with jury service.

Professions N.I.

Professors and members of the teaching staff of a university or institution of further education and full-time teachers in any school.

Masters of vessels, duly licensed pilots and lighthouse keepers.

The following persons, if actually practising their profession and registered (including provisionally or temporarily registered), enrolled or certified under the statutory provisions relating to that profession—

• medical practitioners;

• dentists;

• nurses;

• midwives;

• veterinary surgeons and veterinary practitioners;

• pharmaceutical chemists.

Persons aged between 65 and 70 years N.I.

Persons aged between 65 and 70 years.

Article 31(2), (3).

SCHEDULE 4 N.I. CORONERS JURIES

PART I N.I. MODIFICATIONS OF PROVISIONS OF THIS ORDER

1.  Any reference to a court includes a reference to a coroner or, as the context requires, to an inquest. N.I.

2.  Any reference to a judge (with or without qualifying words) includes a reference to a coroner (without qualifying words). N.I.

3.  Any reference to a jury includes a reference to a coroner's jury. N.I.

4.  In Article 5(4) and (5) “the Divisional Jurors List” includes a part of that list. N.I.

5.  Articles 10(7) and 11(3) shall apply to rules under section 36(1) of the [1959 c. 15 (N.I.)] Coroners Act (Northern Ireland) 1959 as they apply to rules of court and Crown Court rules. N.I.

6.  In Article 24 “trial” includes inquest. N.I.

PART II N.I. AMENDMENTS OF CORONERS ACT (NORTHERN IRELAND) 1959

1.  In section 18 (summoning of jurors)— N.I.

(a) in subsection (1), for the words from “district inspector” to “current year” substitute “Juries Officer to summon a sufficient number of persons in accordance with the Juries (Northern Ireland) Order 1996”;

(b) after subsection (2) add the following subsection—

“(3) In sub-section (1) “the Juries Officer” means the Juries Officer for the county court division which includes the place specified by the coroner under that sub-section.” .

2.  In Section 31(2) (summoning of another jury where jury unable to agree), for the words “district inspector” to “another jury” substitute “Juries Officer for the county court division where the inquest is held to summon another jury in accordance with the Juries (Northern Ireland) Order 1996”. N.I.

3.  In section 32(1) (power to arrange for removal of body to district of another coroner), for “summoning a jury” substitute “causing a jury to be summoned”. N.I.

N.I.

Schedule 5—Repeals