Justice (Northern Ireland) Act 2002

2002 CHAPTER 26

An Act to make provision about the judiciary in Northern Ireland and to amend section 6 of the Appellate Jurisdiction Act 1876; to make provision about the law officers and other legal officers and the courts in Northern Ireland; to establish a Public Prosecution Service for Northern Ireland, a Chief Inspector of Criminal Justice in Northern Ireland and a Northern Ireland Law Commission; to amend the law of youth justice in Northern Ireland; to make provision for making available to victims of crime information about the release of offenders in Northern Ireland; to make provision about community safety in Northern Ireland; to amend the law of legal aid in Northern Ireland; and for connected purposes.

[24th July 2002]

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 U.K. The Judiciary

General N.I.

1 Guarantee of continued judicial independence N.I.

Those with responsibility for the administration of justice must uphold the continued independence of the judiciary.

Appointment and removal U.K.

2 Introductory N.I.

(1) Sections 3 to 8 make provision about appointment to and removal from—

(a) the offices of Lord Chief Justice and Lord Justice of Appeal, and

(b) the offices listed in Schedule 1.

(2) The [F1 Lord Chancellor] may by order amend Schedule 1 by—

(a) adding an office (other than the office of Lord Chief Justice or Lord Justice of Appeal),

(b) omitting an office, or

(c) altering the description of an office.

(3) No order under subsection (2) may be made without the agreement of the Lord Chief Justice.

(4) An order under subsection (2) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

(5) In this Act—

• “listed judicial office” means an office listed in Schedule 1, and

• “protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.

Textual Amendments

F1 Words in s. 2(2) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 1; S.R. 2005/282, art. 3

3 Judicial Appointments Commission N.I.

(1) There is to be a body corporate known as the Northern Ireland Judicial Appointments Commission.

(2) The Commission is to consist of—

(a) a chairman, and

(b) twelve other members appointed by the [F2 Lord Chancellor].

(3) Schedule 2 makes further provision about the Commission.

(4) The Lord Chief Justice is to be the chairman of the Commission; but for any time during which—

(a) the office of Lord Chief Justice is vacant, or

(b) he is not available,

the senior Lord Justice of Appeal who is available is to act as the chairman (whether or not he is already a member).

(5) The following are to be appointed as the other members—

(a) five persons nominated by the Lord Chief Justice (referred to in this section and Schedule 2 as “judicial members”),

(b) a barrister nominated by the General Council of the Bar of Northern Ireland and a solicitor nominated by the Law Society of Northern Ireland (so referred to as “legal profession members”), and

(c) five persons who do not hold (and have never held) a protected judicial office and are not (and have never been) barristers or solicitors (so referred to as “lay members”);

and a reference in Schedule 2 to a non-judicial member is to a member who is either a legal profession member or a lay member.

(6) The judicial members are to be—

(a) a Lord Justice of Appeal,

(b) a judge of the High Court,

(c) a county court judge,

(d) a resident magistrate, and

(e) a lay magistrate.

(7) A person may not be appointed to be a lay member unless he has declared in writing his commitment to non-violence and exclusively peaceful and democratic means.

[F3 (8) It is the duty of—

(a) the Lord Chancellor, and

(b) those responsible for making nominations under subsection (5)(a) and (b),

to make such arrangements in connection with the exercise of their functions under this section as will, so far as is practicable, secure that the membership of the Commission is reflective of the community in Northern Ireland.]

Textual Amendments

F2 Words in s. 3(2)(b) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 2; S.R. 2005/282, art. 3

F3 S. 3(8) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 2(1), 19(1); S.R. 2005/282, art. 3

Prospective

F4 4 Appointment to most senior judicial offices N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 4 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 2; S.I. 2010/812, art. 2

5 Appointment to listed judicial offices N.I.

(1) Schedule 3 transfers to the First Minister and deputy First Minister, acting jointly, the power to make appointments, or recommendations for appointment, to listed judicial offices and makes provision about associated functions.

[F5 (1A) The Lord Chancellor must make an appointment, or a recommendation for an appointment, to fill any vacancy in a listed judicial office.

(1B) Subsection (1A) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.]

(2) Only a person selected by the Commission may be appointed, or recommended for appointment, to a listed judicial office.

(3) The [F6 Lord Chancellor] may at any time by notice require the Commission to select a person to be appointed, or recommended for appointment, to a listed judicial office.

(4) When the Commission is so required, it must—

(a) inform the [F7 Lord Chancellor] of the person selected to be appointed, or recommended for appointment, to the office, and

(b) make a report to [F8 the Lord Chancellor] on its process of selection, indicating the basis of its decision to select that person.

(5) If the [F9 Lord Chancellor does] not (within a reasonable time after receiving the report under subsection (4)(b)) appoint or recommend for appointment the person selected by the Commission, [F10 he] must by notice require the Commission to reconsider its decision; and the notice must include a statement of [F11 his] reasons for requiring it to do so.

(6) If the Commission is required to reconsider its decision, it must—

(a) after doing so, either re-affirm its selection or select a different person to be appointed, or recommended for appointment, to the office,

(b) inform the [F12 Lord Chancellor] of the outcome of its reconsideration, and

(c) make a report to [F13 the Lord Chancellor] indicating the basis of the decision made by it after its reconsideration.

(7) The [F14 Lord Chancellor] must, on being informed by the Commission of the outcome of the reconsideration of its decision, appoint, or recommend for appointment, the person selected by the Commission after the reconsideration.

[F15 (8) The selection of a person to be appointed, or recommended for appointment, to a listed judicial office (whether initially or after reconsideration) must be made solely on the basis of merit.

(9) Subject to that, the Commission must at all times engage in a programme of action which complies with subsection (10).

(10) A programme of action complies with this subsection if—

(a) it is designed to secure, so far as it is reasonably practicable to do so, that appointments to listed judicial offices are such that those holding such offices are reflective of the community in Northern Ireland;

(b) it requires the Commission, so far as it is reasonably practicable to do so, to secure that a range of persons reflective of the community in Northern Ireland is available for consideration by the Commission whenever it is required to select a person to be appointed, or recommended for appointment, to a listed judicial office; and

(c) it is for the time being approved by the Commission for the purposes of this section.]

Textual Amendments

F5 S. 5(1A)(1B) inserted (25.7.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 28(3), 31(1)

F6 Words in s. 5(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(2); S.R. 2005/282, art. 3

F7 Words in s. 5(4) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(3); S.R. 2005/282, art. 3

F8 Words in s. 5(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(3); S.R. 2005/282, art. 3

F9 Words in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(4)(a); S.R. 2005/282, art. 3

F10 Word in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(4)(b); S.R. 2005/282, art. 3

F11 Word in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(4)(c); S.R. 2005/282, art. 3

F12 Words in s. 5(6) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(5); S.R. 2005/282, art. 3

F13 Words in s. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(5); S.R. 2005/282, art. 3

F14 Words in s. 5(7) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 3(6); S.R. 2005/282, art. 3

F15 S. 5(8)-(10) substituted (15.6.2005) for s. 5(8)(9) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 3, 19(1); S.R. 2005/282, art. 3

Commencement Information

I1 S. 5 partly in force; s. 5 not in force at Royal Assent see s. 87; s. 5(2)-(9) in force for certain purposes at 15.6.2005 and 10.12.2005 by S.R. 2005/281, art. 3, Sch. 2

[F16 5A Disclosure of information to the Commission N.I.

(1) Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under section 5.

(2) A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).

(3) But nothing in this section authorises the making of a disclosure—

(a) which contravenes the Data Protection Act 1998, or

(b) which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(4) This section does not affect a power to disclose which exists apart from this section.

(5) The following are permitted persons—

(a) a chief officer of police of a police force in England and Wales;

(b) a chief constable of a police force in Scotland;

(c) the Chief Constable of the Police Service of Northern Ireland;

(d) the Director General of the National Criminal Intelligence Service;

(e) the Director General of the National Crime Squad;

(f) the Commissioners of Inland Revenue;

(g) the Commissioners of Customs and Excise.

(6) The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).

(7) Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.

(8) The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—

(a) in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,

(b) in the case of the Commissioners of Customs and Excise, to a customs officer.

(9) For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.]

Textual Amendments

F16 S. 5A inserted (15.6.2005 for specified purposes, 12.4.2010 in so far as not already in force) by Constitutional Reform Act 2005 (c. 4), ss. 123(2), 148(1); S.I. 2005/1431, art. 2(a); S.I. 2010/883, art. 2(b)

Prospective

F17 6 Removal from most senior judicial offices N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 S. 6 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 5; S.I. 2010/812, art. 2

Valid from 12/04/2010

7 Removal from listed judicial offices N.I.

(1) A person holding a listed judicial office may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.

(2) The power to remove or suspend him is exercisable by the First Minister and deputy First Minister, acting jointly.

(3) He may only be removed if a tribunal convened under section 8 has reported to the First Minister and deputy First Minister recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

(4) He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to them that he be suspended.

(5) He may not be removed or suspended without the agreement of the Lord Chief Justice.

(6) If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

(7) Nothing in subsections (1) to (6) applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see section 12B of the Judicature (Northern Ireland) Act 1978 (c. 23) (inserted by section 6 of this Act)).

(8) But, subject to that, those subsections apply whatever the date of a person’s appointment.

Prospective

[F18 8 Tribunals for considering removal N.I.

(1) A tribunal to consider the removal of the holder of a listed judicial office may be convened—

(a) by the Lord Chief Justice after consulting the Northern Ireland Judicial Appointments Ombudsman, or

(b) by the Ombudsman after consulting the Lord Chief Justice.

(2) A tribunal is to consist of—

(a) a Lord Justice of Appeal or a judge of the High Court,

(b) a person who holds an office within section 3(6)(a) to (e), and

(c) a lay member of the Commission (see section 3(5)(c)).

(3) The persons within subsection (2)(a) and (b) are to be selected by the Lord Chief Justice and the person within subsection (2)(c) is to be selected by the Ombudsman.

(4) Unless the Commission otherwise agrees, the persons within subsection (2)(a) and (b) must be judicial members of the Commission (see section 3(5)(a)).

(5) The person within subsection (2)(a) is to be the chair of the tribunal.

(6) The tribunal's procedure is to be determined by the Lord Chief Justice.

(7) The [F19 Department of Justice] may pay a member of a tribunal any such allowances or fees as it may determine.]

Textual Amendments

F18 S. 8 substituted (12.4.2010) by Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 3 para. 7; S.I. 2010/812, art. 2

F19 Words in s. 8(7) substituted (12.4.2010) by Department of Justice Act (Northern Ireland) 2010 (c. 3), s. 3(2), Sch. para. 14(2); S.R. 2010/147, art. 2(2)

X1 9 Lay magistrates N.I.

(1) The Lord Chancellor must, for each county court division, appoint persons to be lay magistrates for the division.

(2) A person may not be appointed to be a lay magistrate unless—

(a) he has completed a course of training [F20 approved by the Lord Chief Justice after consultation with the Lord Chancellor, or]

(b) he has given an undertaking in writing to attend such a course of training.

(3) It is a condition of the appointment of a person under subsection (2)(b) that he will complete such a course of training within the period of one year beginning with the date of his appointment or [F21 such longer period as the Lord Chief Justice may, after consulting the Lord Chancellor, allow.]

(4) The Lord Chancellor may [F22 , after consultation with the Lord Chief Justice,] by order make further provision about eligibility for appointment to be a lay magistrate.

(5) The provision which may be made by an order under subsection (4) includes (in particular) provision that a person may not be appointed to be a lay magistrate—

(a) if he does not reside or work in, or within a prescribed distance of, the county court division to which the appointment relates,

(b) if he, or a person related to or otherwise connected with him in a prescribed manner, holds an office of a prescribed description, has an occupation of a prescribed description or has been selected as a candidate for election to a prescribed body,

(c) if a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) if he has been convicted of a prescribed offence,

unless [F23 , after consultation with the Lord Chief Justice,]the Lord Chancellor otherwise determines in the case of a particular person.

(6) “Prescribed” means prescribed in the order.

(7) No act by a person appointed to be a lay magistrate is invalidated by reason only that he is not a lay magistrate because he was not eligible to be appointed.

(8) A lay magistrate ceases to hold office on the day on which he attains the age of 70.

(9) No act by a person who has been a lay magistrate is invalidated by reason only that he has ceased to hold office under subsection (8).

(10) F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The Lord Chancellor must pay to lay magistrates any such allowances as he may determine.

(12) The Lord Chief Justice, Lords Justices of Appeal, judges of the High Court and county court judges may exercise any function of a lay magistrate (in relation to any matter arising within any county court division).

(13) In paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: judicial offices), after “resident magistrates,” insert “ lay magistrates, ”.

(14) “County court division” means a division specified under Article 3(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)).

Editorial Information

X1 The omission of the cross-heading before s. 9 on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of s. 9.

Textual Amendments

F20 Words in s. 9(2)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F21 Words in s. 9(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F22 Words in s. 9(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F23 Words in s. 9(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 117(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F24 S. 9(10) repealed (3.4.2006) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 86, 87(1), Sch. 13; S.R. 2006/124, art. 2, Sch.

Commencement Information

I2 S. 9 wholly in force at 1.4.2005: s. 9 not in force at Royal Assent see s. 87: s. 9(4)(5)(6)(14) in force at 15.10.2002 by S.R 2002/319, art. 2, Sch.; s. 9(1)-(3)(7)-(11)(13) in force at 1.9.2004 by S.R. 2004/301, art. 2; s. 9(12) in force at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

F25 . . . U.K.

Textual Amendments

F25 Cross-heading before s. 9 omitted (25.9.2006) by virtue of Constitutional Reform Act 2005 (c. 4). {ss. 124}, 148; S.I. 2006/1537, art. 3(a)

[F26 The Ombudsman N.I.

Textual Amendments

F26 S. 9A and preceding cross-heading inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124(2), 148; S.I. 2006/1537, art. 3(a)

9A Judicial Appointments Ombudsman N.I.

(1) There is to be a Northern Ireland Judicial Appointments Ombudsman.

(2) The Ombudsman is appointed by Her Majesty on the recommendation of the Lord Chancellor.

(3) Schedule 3A makes further provision about the Ombudsman.

[F27 9B Complaints: interpretation N.I.

(1) This section applies for the purposes of this Part.

(2) A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.

(3) A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor or the Northern Ireland Court Service in connection with any of the following—

(a) recommendation for or appointment to a listed judicial office;

(b) appointment under section 2 of the Taxes Management Act 1970 as a Commissioner for the general purposes of the income tax for Northern Ireland.

(4) A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part, by the maladministration complained of.]

Textual Amendments

F27 S. 9B inserted (25.9.2006 for certain purposes and otherwise prosp.) by Constitutional Reform Act 2005 (c. 4), ss. 125, 148; S.I. 2006/1537, art. 3(b)

[F28 9C Complaints to the Commission or the Lord Chancellor N.I.

(1) The Commission must make arrangements for investigating any Commission complaint made to it.

(2) The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.

(3) Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.]

Textual Amendments

F28 S. 9C inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 126, 148; S.I. 2006/1537, art. 3(c)

[F29 9D Complaints to the Ombudsman N.I.

(1) Subsections (2) and (3) apply to a complaint which the complainant—

(a) has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and

(b) makes to the Ombudsman not more than 28 days after being notified of the Commission's or Lord Chancellor's decision on the complaint.

(2) If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

(3) Otherwise he must investigate the complaint.

(4) The Ombudsman may investigate a complaint which the complainant—

(a) has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and

(b) makes to the Ombudsman at any time.

(5) The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

(6) The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.

(7) A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

(8) Any complaint to the Ombudsman under this section must be in a form approved by him.]

Textual Amendments

F29 S. 9D inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 127, 148; S.I. 2006/1537, art. 3(c)

[F30 9E Report and recommendations N.I.

(1) The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

(2) The report must state—

(a) what findings the Ombudsman has made;

(b) whether he considers the complaint should be upheld in whole or part;

(c) if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

(3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

(4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.]

Textual Amendments

F30 S. 9E inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 128, 148; S.I. 2006/1537, art. 3(c)

[F31 9F Report procedure N.I.

(1) This section applies to a report under section 9E.

(2) The Ombudsman must submit a draft of the report—

(a) to the Lord Chancellor, and

(b) if the complaint was a Commission complaint, to the Commission.

(3) In finalising the report the Ombudsman—

(a) must have regard to any proposal by the Lord Chancellor or the Commission for changes in the draft report;

(b) must include in the report a statement of any such proposal not given effect to.

(4) The report must be signed by the Ombudsman.

(5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the Lord Chancellor and the Commission.

(6) Otherwise the Ombudsman must send the report to the Lord Chancellor.

(7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

(a) which relates to an identified or identifiable individual other than the complainant, and

(b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.]

Textual Amendments

F31 S. 9F inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 129, 148; S.I. 2006/1537, art. 3(c)

[F32 9G References by the Lord Chancellor N.I.

(1) If the Lord Chancellor refers to the Ombudsman any matter relating to the procedures of the Commission or a committee of the Commission, the Ombudsman must investigate it.

(2) The matter may relate to such procedures generally or in a particular case.

(3) The Ombudsman must report to the Lord Chancellor on any investigation under this section.

(4) The report must state—

(a) what findings the Ombudsman has made;

(b) what if any action he recommends should be taken by any person in relation to the matter.

(5) The report must be signed by the Ombudsman.]

Textual Amendments

F32 S. 9G inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 130, 148; S.I. 2006/1537, art. 3(c)

[F33 9H Information N.I.

The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9D or 9G.]

Textual Amendments

F33 S. 9H inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 131, 148; S.I. 2006/1537, art. 3(c)

[F34 X2 9I Confidentiality in relation to judicial appointments and discipline N.I.

(1) A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.

(2) These are the relevant provisions—

(a) section 12, 12A and 12B of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);

(b) sections 3, 5, 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);

(c) sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);

(d) section 16 of this Act (complaints about judicial officers);

(3) Information is confidential if it relates to an identified or identifiable individual (a “subject”).

(4) Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—

(a) the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));

(b) the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;

(c) the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.

(5) An opinion or other information given by one identified or identifiable individual (A) about another (B)—

(a) is information that relates to both;

(b) must not be disclosed to B without A's consent.

(6) This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.

(7) This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.

(8) A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.

(9) But it is actionable only at the suit of a person who is a subject of the information.]]

Editorial Information

X2 The insertion of the new heading "The Ombudsman" on 25.9.2006 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F34 By Constitutional Reform Act 2005 (c. 4), ss. 132, 148; S.I. 2005/1431, art. 2(b) it is provided (15.6.2005) that s. 9I and the cross-heading following that provision is inserted after s. 9H

[F35 Transfer of functions of justices of the peace U.K.

Textual Amendments

F35 By Constitutional Reform Act 2005 (c. 4), ss. 132, 148; S.I. 2005/1431, art. 2(b) it is provided (15.6.2005) that s. 9I and the cross-heading following that provision is inserted after s. 9H

X3 10 Transfer of functions of justices of the peace U.K.

(1) Subject as follows, the functions of justices of the peace (including their functions as members of a court) are transferred to lay magistrates.

(2) A lay magistrate sitting out of petty sessions may not exercise any function conferred or imposed on a magistrates’ court in relation to the conduct of proceedings for an offence, apart from a function to which subsection (3) applies.

(3) This subsection applies to —

(a) any function of issuing a warrant or summons,

(b) any function of remanding an accused who has not previously been remanded for the offence,

(c) any function of ordering a person to enter into a recognisance to keep the peace or to be of good behaviour,

(d) the function under section 21(3) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (committal where offence committed during suspended sentence etc.),

(e) the function under Article 5(4) of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 4)) (committal where offence committed after early discharge),

(f) the functions under section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal etc. of person in custody in pursuance of Crown Court warrant),

(g) any function relating to perjury, misbehaviour or failure to testify in proceedings before a lay magistrate exercising any function to which this subsection applies,

(h) any function relating to adjournment of, or any other ancillary matter concerning, such proceedings,

(i) the function of granting a criminal aid certificate in respect of a person where the lay magistrate is dealing, or has previously dealt, with him by virtue of paragraph (b), (c) or (g), and

(j) the function of granting a criminal aid certificate in relation to an appeal against anything done by a lay magistrate by virtue of paragraph (c) or (g).

(4) The Lord Chancellor may [F36 , after consultation with the Lord Chief Justice,] by order amend subsection (3).

(5) Subsection (1) is subject to paragraphs 1 to 3 of Schedule 4 which specify functions which are to remain functions of justices of the peace (instead of, or as well as, becoming functions of lay magistrates) or to become functions only of resident magistrates.

(6) Schedule 4 also contains amendments consequential on this section.

(7) In this section references to a function are to a function conferred or imposed by an enactment or instrument passed or made before the time when this section comes into force (including a function conferred or imposed by a provision not in force at that time).

Editorial Information

X3 The insertion of the new heading "Transfer of functions of justices of the peace" on 15.6.2005 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F36 Words in s. 10(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 118; S.I. 2006/1014, art. 2, Sch. 1 para. 12

Commencement Information

I3 S. 10 partly in force; s. 10 not in force at Royal Assent see s. 87; s. 10(1)-(5)(7) in force and s. 10(6) in force for certain purposes at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

X4 11 Transfer of functions of lay panellists N.I.

(1) In paragraph 3(1) of Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (composition of juvenile courts), for “persons selected from one or more of the panels mentioned in sub-paragraph (2)” substitute “ lay magistrates for the county court division which includes the petty sessions district or districts for which the court acts or any other county court division which adjoins that county court division ”.

(2) In section 178 of that Act (assessors for county court in appeals from juvenile courts)—

(a) in subsection (1), for “persons selected from one or more than one of the appropriate juvenile court panels,” substitute “ appropriate lay magistrates, at least one of whom (where practicable) is a woman, ”,

(b) in subsection (2), for “person” (in each place) substitute “ lay magistrate ”, and

(c) in subsection (4), for the definition of “the appropriate juvenile courts panels” substitute—

““appropriate lay magistrate” means a lay magistrate for the county court division for which the county court is held or any other county court division which adjoins that county court division;”.

(3) In Article 165(2)(i) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (rules of court: discharge of functions of court of summary jurisdiction by member of juvenile court panel), for “member of a juvenile court panel” substitute “ lay magistrate ”.]

Editorial Information

X4 The insertion of the new heading "Transfer of functions of justices of the peace" on 15.6.2005 gives rise to a change in the structure of this legislation on legislation.gov.uk which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Lord Chief Justice N.I.

12 Role of Lord Chief Justice N.I.

[F37 (1A) The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.

(1B) As President of the Courts of Northern Ireland he is responsible—

(a) for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;

(b) for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;

(c) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;

(d) for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.

(1C) The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.

(1D) The courts are—

• the Court of Appeal

• the High Court

• the Crown Court

• the county courts

• the magistrates' courts.]

(2) F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 S. 12(1A)-(1D) substituted (3.4.2006 for certain purposes and 8.5.2007 otherwise) for s. 12(1) by Constitutional Reform Act 2005 (c. 4), ss. 11, 148; S.I. 2006/1014, art. 2(a), Sch. 1 para. 6; S.I. 2007/1252, art. 2

F38 S. 12(2)(3) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 5 para. 119, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 12, 30

13 Presiding county court judge N.I.

(1) After section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) insert—

“102A Presiding judge

(1) The Lord Chief Justice must appoint one of the judges to be the Presiding judge with responsibility for the county courts and the other judges and the deputy judges.

(2) The person appointed as Presiding judge holds that office in accordance with the terms of his appointment.

(3) If the office of Presiding judge becomes vacant, the Lord Chief Justice may appoint a judge to act as Presiding judge, pending a new appointment.”

(2) The Lord Chief Justice may delegate any of his functions relating to county courts to the Presiding county court judge.

14 Presiding resident magistrate N.I.

(1) The Lord Chief Justice must appoint one of the resident magistrates to be the Presiding resident magistrate with responsibility for the magistrates’ courts, the other resident magistrates and the deputy resident magistrates.

(2) The person appointed as Presiding resident magistrate holds that office in accordance with the terms of his appointment.

(3) If the office of Presiding resident magistrate becomes vacant, the Lord Chief Justice may appoint a resident magistrate to act as Presiding resident magistrate, pending a new appointment.

(4) The Lord Chief Justice may delegate any of his functions relating to magistrates’ courts to the Presiding resident magistrate.

15 Presiding lay magistrate N.I.

(1) The Lord Chief Justice must appoint one of the lay magistrates to be the Presiding lay magistrate with responsibility for the other lay magistrates.

(2) The person appointed as Presiding lay magistrate holds that office in accordance with the terms of his appointment.

(3) If the office of Presiding lay magistrate becomes vacant, the Lord Chief Justice may appoint a lay magistrate to act as Presiding lay magistrate, pending a new appointment.

16 Complaints about holders of judicial office N.I.

(1) The Lord Chief Justice must prepare a code of practice relating to the handling of complaints against any person who holds a protected judicial office.

(2) The code must include provision for any complaints appearing to the Lord Chief Justice—

(a) to involve a serious allegation of misbehaviour or inability to perform the functions of an office, and

(b) to have a reasonable prospect of being substantiated,

to be referred to a tribunal for it to provide advice about any steps which should be taken to deal with the complaint.

(3) The Lord Chief Justice may from time to time prepare a new code or make alterations to a code.

(4) The Lord Chief Justice must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).

17 Secretaries to Lord Chief Justice N.I.

(1) In Schedule 3 to the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to statutory offices), omit the entries relating to the Principal Secretary to the Lord Chief Justice and the Legal Secretary to the Lord Chief Justice.

(2) In section 53(2) of that Act (secretary to Crown Court Rules Committee), for the words from “secretary to” to “such secretary” substitute “ joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor ”.

(3) In section 54(5) of that Act (joint secretaries to Supreme Court Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”

(4) In paragraph 6 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)) (joint secretaries to Northern Ireland Family Proceedings Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”

Other provisions N.I.

18 Qualification for appointment N.I.

(1) In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (qualification for appointment as Lord of Appeal in Ordinary), for “practising member of the Bar of Northern Ireland” substitute “ member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Judicature of Northern Ireland ”.

(2) In section 7(1)(a) of the Judicature (Northern Ireland) Act 1978 (c. 23) (further assistance for transaction of business of High Court or Court of Appeal by Lord of Appeal in Ordinary), for “had practised for not less than ten years at the Bar of Northern Ireland” substitute “ was a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court, of at least ten years’ standing ”.

(3) For section 9 of that Act (qualification for appointment as judge of High Court or Court of Appeal) substitute—

“9 Qualification to be judge of High Court or Court of Appeal

A person is not qualified for appointment as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court unless he is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

(4) In section 103(1) of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) (qualification for appointment as county court judge), for the words after “unless” substitute “he is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

(5) In section 107(1) of that Act (qualification for appointment as deputy county court judge), for the words after “deputy judge” substitute “a person who is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

(6) In section 9(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) (qualification for appointment as resident magistrate), for the words after “appointments” substitute “are—

(a) members of the Bar of Northern Ireland of at least seven years’ standing; or

(b) solicitors of the Supreme Court of at least seven years’ standing.”

(7) In section 2(3) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) (qualification for appointment as coroner), for the words after “unless” substitute “he is—

(a) a member of the Bar of Northern Ireland of at least five years’ standing; or

(b) a solicitor of the Supreme Court of at least five years’ standing.”

(8) In section 70(2) of the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to offices in Schedule 3), for the words after “unless” substitute “he is—

(a) a barrister or solicitor, or in the case of the Official Solicitor a solicitor, who has at least the number of years’ standing specified in relation to that office in column 3 of that Schedule; or

(b) the holder of any other office so listed.”

(9) In Schedule 3 to that Act, in each of the entries relating to a Master F39 . . . , in column 3 (number of years’ standing), for “10” substitute “ 7 ”.

(10) In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), after subsection (1) insert—

“(1A) A person is not qualified for appointment as Crown Solicitor unless he is—

(a) a member of the Bar of Northern Ireland of at least ten years’standing; or

(b) a solicitor of the Supreme Court of at least ten years’ standing.”

Textual Amendments

F39 Words in s. 18(9) repealed (1.5.2004) by Courts Act 2003 (c. 39), ss. 109(3), 110(1), Sch. 10; S.I. 2004/1104, art. 3

Commencement Information

I4 S. 18 wholly in force at 3.4.2006: s. 18 not in force at Royal Assent see s. 87; s. 18(1)-(9) in force at 15.10.2002 by S.R. 2002/319, art. 2 Sch.; s. 18(10) in force at 3.4.2006 by S.R. 2006/124, art. 2, Sch.

19 Judicial oath or affirmation N.I.

(1) Every person appointed to an office specified in Schedule 6 must, before undertaking any functions of the office, either—

(a) take the oath specified in subsection (2), or

(b) make the affirmation and declaration specified in subsection (3).

(2) The oath is—

“I.................... do swear that I will well and faithfully serve in the office of.................... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm.”

(3) The affirmation and declaration is—

“I.................... do solemnly and sincerely and truly affirm and declare that I will well and faithfully serve in the office of.................... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm.”

(4) The Lord Chancellor may by order amend Schedule 6 by—

(a) adding an office,

(b) omitting an office, or

(c) altering the description of an office.

(5) An order under subsection (4) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

20 Crown Solicitor N.I.

In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), for subsection (3) substitute—

“(3) The Crown Solicitor—

(a) must make his services available to any Minister or department of the Government of the United Kingdom; and

(b) may make his services available to any Northern Ireland Minister or Northern Ireland department or any other public body or holder of public office.”

21 Judicial pensions: pension sharing N.I.

(1) Article 40 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) (power to extend judicial pension schemes in connection with pension credits) is amended as follows.

(2) In paragraph (2), after sub-paragraph (g) insert—

“(h) the Judicial Pensions Act 1981 (c. 20); and

(i) the Judicial Pensions and Retirement Act 1993 (c. 8).”

(3) In paragraph (3)(a)—

(a) for “(2)(d) and (e)” substitute “ (2)(d) or (e) ”, and

(b) for “(2)(a) to (c), (f) and (g),” substitute “ (2)(a), (b), (c), (f), (g), (h) or (i) ”.

(4) In paragraph (4)(a), for “(2)(a) to (c), (f) and (g)” substitute “ (2)(a), (b), (c), (f), (g), (h) or (i) ”.

Part 2 U.K. Law Officers and Public Prosecution Service

Valid from 12/04/2010

Attorney General U.K.

Prospective

22 Attorney General U.K.

(1) The Attorney General for England and Wales shall no longer be Attorney General for Northern Ireland.

(2) The First Minister and deputy First Minister, acting jointly, must appoint a person to be Attorney General for Northern Ireland.

(3) The Attorney General for Northern Ireland is to be funded by the First Minister and deputy First Minister, acting jointly.

(4) The Attorney General for Northern Ireland may appoint staff, but subject to the approval of the First Minister and deputy First Minister as to—

(a) numbers,

(b) salary, and

(c) other conditions of service.

(5) The functions of the Attorney General for Northern Ireland shall be exercised by him independently of any other person.

(6) A person is not qualified for appointment as Attorney General for Northern Ireland unless he is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing, or

(b) a solicitor of the Supreme Court of at least ten years’ standing.

(7) The First Minister and deputy First Minister, acting jointly, must make arrangements for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.

Modifications etc. (not altering text)

C1 S. 22 applied (prosp.) (N.I.) by 2000 c. 1, s. 1(8), Sch. para. 5A (as inserted (prosp.) by 2002 c. 26, ss. 85, 87, Sch. 12 para. 79)

23 Terms of appointment of Attorney General N.I.

(1) Subject as follows, the Attorney General for Northern Ireland holds office in accordance with the terms of his appointment (or re-appointment).

(2) A person may not be appointed as the Attorney General for Northern Ireland for more than five years at a time.

(3) The Attorney General for Northern Ireland may resign by notice in writing to the Office of the First Minister and deputy First Minister.

(4) The First Minister and deputy First Minister, acting jointly, must pay to or in respect of the Attorney General for Northern Ireland any such salary or allowances as they may determine.

(5) Section 48 of the Northern Ireland Act 1998 (c. 47) (pensions) applies in relation to a person who has ceased to be the Attorney General for Northern Ireland.

(6) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Attorney General for Northern Ireland.”

(7) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Attorney General for Northern Ireland.”

(8) The Attorney General for Northern Ireland is disqualified from being elected to, or being a member of, a district council in Northern Ireland.

(9) In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Attorney General for Northern Ireland.”

Prospective

24 Removal of Attorney General N.I.

(1) The Attorney General for Northern Ireland—

(a) may be removed from office by the First Minister and deputy First Minister, acting jointly, if a tribunal convened under subsection (3) has reported to them recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office, and

(b) may be suspended from office by them (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to them that he be suspended.

(2) If the Attorney General for Northern Ireland is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

(3) A tribunal may be convened by the First Minister and deputy First Minister, acting jointly.

(4) A tribunal is to consist of—

(a) a person who holds the office of Lord of Appeal in Ordinary or high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)) and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and

(b) a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.

(5) The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor.

(6) The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4).

(7) The procedure of a tribunal is to be determined by its chairman.

(8) The First Minister and deputy First Minister, acting jointly, may pay to a member of a tribunal any such allowances or fees as they may determine.

25 Participation by Attorney General in Assembly proceedings N.I.

(1) The Attorney General for Northern Ireland may participate in the proceedings of the Assembly to the extent permitted by its standing orders but he may not vote in the Assembly.

(2) The Assembly’s standing orders may in other respects provide that they are to apply to the Attorney General of Northern Ireland as if he were a member of the Assembly.

(3) The Attorney General for Northern Ireland may, in any proceedings of the Assembly, decline to answer any question or produce any document relating to the operation of the system of prosecution of offences in any particular case if he considers that answering the question or producing the document—

(a) might prejudice criminal proceedings in that case, or

(b) would be otherwise against the public interest.

(4) Section 43 of the Northern Ireland Act 1998 (c. 47) (interests of members of Assembly) applies to the Attorney General for Northern Ireland as if he were a member of the Assembly.

26 Annual report by Attorney General N.I.

(1) The Attorney General for Northern Ireland must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

(2) The Attorney General for Northern Ireland must send a copy of each annual report of his to the Office of the First Minister and deputy First Minister.

(3) The First Minister and deputy First Minister, acting jointly, must lay before the Assembly a copy of each annual report received by their Office under subsection (2).

(4) After a copy of an annual report has been laid in accordance with subsection (3), the First Minister and deputy First Minister, acting jointly, must arrange for the annual report to be published.

(5) But the First Minister and deputy First Minister, acting jointly, may exclude a part of an annual report from the copy laid or published if, in their opinion, the laying or publication of the part—

(a) would be against the public interest, or

(b) might jeopardise the safety of any person.

(6) If the First Minister and deputy First Minister exclude a part of an annual report from laying or publication, they must lay or publish with the annual report a statement that it has been excluded.

(7) “Financial year” means—

(a) the period beginning with the day on which the first person appointed under section 22 takes office and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Valid from 12/04/2010

Advocate General U.K.

27 Advocate General U.K.

(1) After the coming into force of section 22(1), the Attorney General for England and Wales shall, by virtue of that office, also be Advocate General for Northern Ireland.

(2) In section 2 of the Law Officers Act 1997 (c. 60) (exercise of functions of Attorney General for Northern Ireland by Solicitor General)—

(a) in subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”,

(b) in subsections (2) to (5), for “Attorney General” (in each place) substitute “ Advocate General ”, and

(c) in subsection (6), for “ “Attorney General” means the Attorney” substitute “ “Advocate General” means the Advocate ”.

(3) The Advocate General for Northern Ireland and the Solicitor General for England and Wales shall have in Northern Ireland the same rights of audience as members of the Bar of Northern Ireland.

(4) In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), after paragraph 21 insert—

“21A The office and functions of the Advocate General for Northern Ireland.”

28 Functions of Advocate General N.I.

(1) Schedule 7 makes provision about the functions of the Advocate General for Northern Ireland.

(2) The Secretary of State may by order make amendments in any enactment or instrument (whenever passed or made) for, or in connection with, the transfer to the Advocate General for Northern Ireland of a function of the Attorney General for Northern Ireland of giving consent to the institution or conduct of criminal proceedings (whether or not as an alternative to the consent of any other person).

Public Prosecution Service U.K.

29 Public Prosecution Service N.I.

(1) There is to be a prosecuting service for Northern Ireland known as the Public Prosecution Service for Northern Ireland.

(2) The Service is to consist of—

(a) the Director of Public Prosecutions for Northern Ireland,

(b) the Deputy Director of Public Prosecutions for Northern Ireland, and

(c) the members of staff of the service appointed under subsection (4).

(3) The Service is to be funded by the Secretary of State.

(4) The Director may appoint staff of the Service, but subject to the approval of the Secretary of State as to—

(a) numbers,

(b) salary, and

(c) other conditions of service.

(5) The Director may designate any member of staff of the Service who is—

(a) a member of the Bar of Northern Ireland, or

(b) a solicitor of the Supreme Court;

and any person designated under this subsection is to be known as a Public Prosecutor.

(6) The Director is head of the Service; and the Deputy Director and the Public Prosecutors and the other members of staff of the Service are subject to his direction and control.

(7) The Director and Deputy Director (if barristers) and Public Prosecutors designated under subsection (5)(a) are not prevented from—

(a) conducting any criminal proceedings, or

(b) exercising a right of audience in any criminal proceedings,

by not having been instructed by a solicitor.

(8) The Director may set up and maintain such offices, in such places in Northern Ireland, as he considers appropriate for the exercise of his functions.

30 Director of Public Prosecutions N.I.

(1) The Attorney General for Northern Ireland must—

(a) appoint a person to be Director of Public Prosecutions for Northern Ireland, and

(b) appoint a person to be Deputy Director of Public Prosecutions for Northern Ireland.

(2) A person is not qualified for appointment as Director unless he is—

(a) a member of the Bar of Northern Ireland of at least ten years’ standing, or

(b) a solicitor of the Supreme Court of at least ten years’ standing.

(3) A person is not qualified for appointment as Deputy Director unless he is—

(a) a member of the Bar of Northern Ireland of at least seven years’ standing, or

(b) a solicitor of the Supreme Court of at least seven years’ standing.

(4) The Deputy Director has all the powers of the Director but must exercise them subject to his direction and control.

(5) A person appointed as Director or Deputy Director holds office until the end of the year of service in which he attains the age of 65 or such later time as the Attorney General for Northern Ireland may specify.

(6) But the Director and Deputy Director—

(a) may resign by notice in writing to the Attorney General for Northern Ireland, and

(b) may be removed from office in accordance with section 40(3) or 43.

(7) If the office of Director is vacant or the Director is not available to exercise his functions, the Deputy Director has all the functions of the Director.

(8) If the office of Deputy Director becomes vacant, the Attorney General for Northern Ireland may appoint a member of staff of the Service to act as Deputy Director, on such terms as to tenure as the Attorney General for Northern Ireland determines, pending a new appointment.

(9) The Secretary of State must pay to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such—

(a) salary,

(b) allowances, or

(c) sums for the provision of pensions,

as the Secretary of State may determine.

(10) The Director is not required to give security with respect to any proceedings; and no order may be made by any court requiring security to be given to the Director with respect to any proceedings.

(11) The Director (and the Deputy Director and members of staff of the Service) may not be required in any proceedings of the Assembly to answer any question or produce any document relating to a matter other than the finances and administration of the Service.

Commencement Information

I5 S. 30 partly in force, s. 30 not in force at Royal Assent, see s. 87; s. 30(1)-(10) in force at 13.6.2005 by S.R. 2005/281, art. 2, Sch. 1

Valid from 12/03/2009

[F40 30A Corporation sole etc N.I.

(1) The Director of Public Prosecutions for Northern Ireland is a corporation sole.

(2) The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.

(3) An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.]

Textual Amendments

F40 S. 30A inserted (12.3.2009) by Northern Ireland Act 2009 (c. 3), ss. 3(2), 5

31 Conduct of prosecutions N.I.

(1) The Director must take over the conduct of all criminal proceedings which are instituted in Northern Ireland on behalf of any police force (whether by a member of that force or any other person).

(2) The Director may institute, and have the conduct of, criminal proceedings in any other case where it appears appropriate for him to do so.

(3) This section does not preclude any person other than the Director from—

(a) instituting any criminal proceedings, or

(b) conducting any criminal proceedings to which the Director’s duty to conduct proceedings does not apply.

(4) The Director may at any stage take over the conduct of any criminal proceedings which are instituted in circumstances in which he is not under a duty to take over their conduct, other than any proceedings of which the Director of the Serious Fraud Office has conduct.

(5) The Director must give to police forces such advice as appears to him appropriate on matters relating to the prosecution of offences.

(6) “Police force” means—

(a) the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

(b) the Ministry of Defence Police,

(c) any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I 1994/426 (N.I. 1)), or

(d) any body of special constables appointed in Northern Ireland under section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16).

[F41 31A Conduct of extradition proceedings N.I.

(1) The Director may have the conduct of any extradition proceedings in Northern Ireland.

(2) The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.]

Textual Amendments

F41 S. 31A inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(6), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))

32 Discontinuance of proceedings before court appearance N.I.

(1) Where the Director has the conduct of proceedings in relation to an offence against a person, he may discontinue the proceedings (without the leave of any court) at any time before the person has appeared or been brought before a court in connection with the offence.

(2) Where proceedings against a person in relation to an offence are discontinued under subsection (1), the Director must inform—

(a) the person, and

(b) any court before which the person has been required to appear in connection with the offence,

that the proceedings have been discontinued.

(3) Where proceedings against a person in relation to an offence are discontinued under subsection (1)—

(a) if he is in detention in connection with the offence, he must be released unless his detention is justified otherwise than by reason of the offence, and

(b) if he is subject to a requirement to appear before a court, or attend at a police station, in connection with the offence, the requirement ceases to have effect.

(4) The discontinuance under subsection (1) of proceedings against a person in relation to an offence does not prevent the subsequent institution of proceedings against him in relation to the offence (or any other offence).

[F42 32A Influencing a prosecutor U.K.

(1) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence the Director, the Deputy Director or a Public Prosecutor in any decision as to whether to institute or continue criminal proceedings.

(2) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence a barrister or solicitor to whom the Director has under section 36(2) assigned the institution or conduct of any criminal proceedings in any decision as to whether to institute or continue those proceedings.

(3) A person guilty of an offence under this section is liable—

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

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(4) Proceedings for an offence under this section shall not be instituted without the consent of the Director.]

Textual Amendments

F42 S. 32A inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 7, 19(1); S.R. 2005/282, art. 2

Valid from 12/04/2010

33 Consents to prosecutions N.I.

(1) This section has effect in relation to every provision requiring the giving of consent by the Director (whether or not as an alternative to the consent of any other person) to the institution or conduct of criminal proceedings (“a consent provision”).

(2) A consent provision is deemed to be complied with if the consent is produced to the court—

(a) in the case of an indictable offence, at any time before the indictment is presented, or

(b) in the case of an offence to be tried summarily, at any time before the plea of the accused person is taken.

(3) For the purposes of a consent provision it is sufficient—

(a) to describe the offence to which the consent relates in general terms,

(b) to describe in ordinary language any property or place to which reference is made in the consent so as to identify with reasonable clarity that property or place in relation to the offence, and

(c) to describe the accused person or any other person to whom reference is made in the consent in terms which are reasonably sufficient to enable him to be identified in relation to the offence, without necessarily stating his correct name, or his address or occupation.

(4) A consent required by a consent provision may be amended at any time before the arraignment of the accused person, or before his plea is taken.

(5) And if at any subsequent stage of a trial it appears to the court that the consent is defective, the court may afford the person giving the consent the opportunity of making such amendments as the court may think necessary if the court is satisfied that such amendments can be made without injustice to the accused person.

(6) Any document purporting—

(a) to be the consent of the Director or the Deputy Director to the institution or conduct of criminal proceedings, or criminal proceedings in any particular form, and

(b) to be signed by the Director or Deputy Director,

is admissible as prima facie evidence without further proof.

34 Police complaints N.I.

(1) Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) (Police Ombudsman for Northern Ireland) is amended as follows.

(2) In section 50(1) (interpretation), after the definition of “complainant” insert—

““the Director” means the Director of Public Prosecutions for Northern Ireland;”.

(3) In section 52 (complaints: receipt and initial classification), in subsections (1)(b), (6) and (7), after “Board” insert “ , the Director ”.

(4) In section 55 (consideration of other matters by Ombudsman), in subsection (1) (in each place) and in subsection (7), after “Board” insert “ , the Director ”.

35 Information for Director N.I.

(1) Where a person is committed for trial, the clerk of the court to which he is committed must send, or cause to be sent, to the Director without delay—

(a) a copy of every complaint, deposition, examination, statement and recognisance connected with the charge, and

(b) a copy of all other documents in his custody which are connected with the charge or, if it is not reasonably practicable to copy any of them, particulars of the documents which it is not reasonably practicable to copy.

(2) Where a complaint has been made before a resident magistrate, a lay magistrate or a clerk of petty sessions, he must (whether or not proceedings have been taken on it) cause to be sent to the Director, on being requested by the Director to do so, copies of all documents in his custody which are connected with the complaint.

(3) Where the circumstances of any death which has been, or is being, investigated by a coroner appear to the coroner to disclose that an offence may have been committed against the law of Northern Ireland or the law of any other country or territory, the coroner must as soon as practicable send to the Director a written report of the circumstances.

(4) The Chief Constable of the Police Service of Northern Ireland must give to the Director information about offences alleged to have been committed against the law of Northern Ireland which are of any description specified by the Director.

(5) The Chief Constable of the Police Service of Northern Ireland must, at the request of the Director, ascertain and give to the Director—

(a) information about any matter appearing to the Director to need investigation on the ground that it may involve an offence committed against the law of Northern Ireland, and

(b) information appearing to the Director to be necessary for the exercise of his functions.

36 Exercise of functions by and on behalf of Service N.I.

(1) The Director may delegate any of his powers (to such extent as he determines) to—

(a) any Public Prosecutor, or

(b) any other member of staff of the Public Prosecution Service for Northern Ireland.

(2) The Director may at any time appoint a person who is not a member of staff of the Service but who is a barrister or solicitor in Northern Ireland to institute or take over the conduct of criminal proceedings [F43 or extradition proceedings] assigned to him by the Director.

(3) A person conducting proceedings assigned to him under subsection (2) has all the powers of a Public Prosecutor but must exercise them subject to any instructions given to him by a Public Prosecutor.

Textual Amendments

F43 Words in s. 36(2) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(7), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))

37 Code for Prosecutors N.I.

(1) The Director must prepare a code of practice for—

(a) Public Prosecutors, and

(b) barristers and solicitors to whom the Director assigns the institution or conduct of criminal proceedings.

(2) The code must include a code of ethics laying down standards of conduct and practice.

(3) The code must also give guidance on general principles to be applied—

(a) in determining, in any case, whether criminal proceedings should be instituted or, where criminal proceedings have been instituted, whether they should be discontinued, and

(b) in determining, in any case, what charges should be preferred.

(4) The Director may from time to time prepare a new code or make alterations to a code.

(5) In preparing or making alterations to a code the Director must be guided by the general principles of the Guidelines on the Role of Prosecutors adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana between 27th August and 7th September 1990.

[F44 (5A) In preparing or making alterations to a code the Director must also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004.]

(6) The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).

Textual Amendments

F44 S. 37(5A) inserted (1.2.2006) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 8(7), 19(1) (with s. 8(8)); S.R. 2005/282, art. 5

Modifications etc. (not altering text)

C2 S. 37(4) modified (1.3.2008) by Serious Crime Act 2007 (c. 27), ss. 37, 94, Sch. 2 para. 18; S.I. 2008/219, art. 3

38 Equality and non-discrimination N.I.

(1) Section 75 (duty on public authorities to have regard to need to promote equality of opportunity and good relations between different groups) and section 76 (discrimination by public authorities) of the Northern Ireland Act 1998 (c. 47) are amended as follows.

(2) In subsection (3) of section 75, after paragraph (cc) insert—

“(cd) the Director of Public Prosecutions for Northern Ireland;”.

(3) After subsection (4) of that section insert—

“(4A) The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences.”

(4) In subsection (7) of section 76, after paragraph (e) insert—

“(ea) the Director of Public Prosecutions for Northern Ireland;”.

(5) After that subsection insert—

“(8) This section does not apply to a decision of the Director of Public Prosecutions for Northern Ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued.

(9) No injunction may be granted in respect of a contravention of this section by the Director of Public Prosecutions for Northern Ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings.

(10) Where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged.”

39 Reports by Director N.I.

(1) The Director must, as soon as possible after the end of each financial year, prepare a report (an “annual report”) on how he has exercised his functions during the financial year.

(2) The provisions of a code of practice for Public Prosecutors must be set out in the Director’s annual report for the financial year in which the code is issued; and any alterations to the code must be set out in his annual report for the financial year in which the alterations are made.

(3) The Attorney General for Northern Ireland must arrange for each annual report of the Director to be published.

(4) But the Attorney General for Northern Ireland may exclude a part of an annual report from the copy to be published if, in his opinion, the publication of the part—

(a) would be against the public interest, or

(b) might jeopardise the safety of any person.

(5) If the Attorney General for Northern Ireland excludes a part of an annual report from publication, he must publish with the annual report a statement that it has been excluded.

(6) “Financial year” means—

(a) the period beginning with the day on which section 29 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Modifications etc. (not altering text)

C3 S. 39(2) modified (1.3.2008) by Serious Crime Act 2007 (c. 27), ss. 37, 94, Sch. 2 para. 18; S.I. 2008/219, art. 3

Relationship of Director and Attorney General N.I.

40 Superintendence and removal of Director N.I.

(1) This section applies for so long as the Attorney General for England and Wales is Attorney General for Northern Ireland.

(2) The Director must exercise his functions under the superintendence of the Attorney General for Northern Ireland and is subject to any directions given by him; but a failure to comply with this subsection does not affect the validity of anything done by or on behalf of the Director.

(3) The Attorney General for Northern Ireland may remove the Director or Deputy Director from office on the ground of misbehaviour or inability to perform the functions of the office.

Valid from 12/04/2010

41 Transfer of functions etc. N.I.

(1) This section and sections 42 and 43 apply once the Attorney General for Northern Ireland is a person appointed under section 22(2).

(2) Any function of the Attorney General for Northern Ireland of consenting to the institution or conduct of criminal proceedings is transferred to the Director (but subject to Schedule 7).

(3) The function of the Attorney General for Northern Ireland of entering a nolle prosequi is transferred to the Director.

(4) The Attorney General for Northern Ireland may not present, or direct the presentation of, an indictment against a person charging him with an offence.

(5) In section 36(9)(a) of the Criminal Justice Act 1988 (c. 33) (reference to Court of Appeal of unduly lenient sentences), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.

(6) In section 15 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (reference to Court of Appeal of point of law following acquittal on indictment), for “Attorney General for Northern Ireland” (in both places) substitute “ Director of Public Prosecutions for Northern Ireland ”.

Modifications etc. (not altering text)

C4 S. 41(2) extended (20.11.2003) by Criminal Justice Act 2003 (c. 44), ss. 334(4), 336(1)

Valid from 12/04/2010

42 Independence of Director N.I.

(1) The functions of the Director shall be exercised by him independently of any other person.

(2) The Director must consult the Attorney General for Northern Ireland and the Advocate General for Northern Ireland—

(a) before issuing or making alterations to a code under section 37, and

(b) before preparing his annual report.

(3) The Attorney General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Attorney General for Northern Ireland is accountable to the Assembly.

(4) The Advocate General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Advocate General for Northern Ireland is accountable to Parliament.

(5) The Director must send a copy of each annual report prepared by him to—

(a) the Attorney General for Northern Ireland, and

(b) the Advocate General for Northern Ireland.

(6) The Attorney General for Northern Ireland must lay before the Assembly a copy of each annual report received by him under subsection (5); and the Advocate General for Northern Ireland must lay before each House of Parliament a copy of each annual report so received by him.

(7) If a part of an annual report is excluded from publication under section 39(4)—

(a) the same exclusion is to be made from the copies which are laid under subsection (6), and

(b) a statement that the part has been excluded is to be laid with those copies.

Prospective

43 Appointment and removal of Director by Attorney General N.I.

(1) The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director.

(2) The Director or Deputy Director—

(a) may be removed from office by the Attorney General for Northern Ireland if a tribunal convened under subsection (4) has reported to him recommending that the Director or Deputy Director be removed on the ground of misbehaviour or inability to perform the functions of the office, and

(b) may be suspended from office by the Attorney General for Northern Ireland (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Attorney General for Northern Ireland that he be suspended.

(3) If the Director or Deputy Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

(4) A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland.

(5) A tribunal is to consist of—

(a) a person who holds the office of Lord of Appeal in Ordinary or high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)) and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and

(b) a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.

(6) The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor.

(7) The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5).

(8) The procedure of a tribunal is to be determined by its chairman.

(9) The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.

Supplementary N.I.

44 Interpretation N.I.

(1) For the purposes of this Part proceedings in relation to an offence are instituted—

(a) where a summons is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), when the complaint for the offence is made under that Article,

(b) where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article,

(c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge,

(d) where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court.

(2) Where the application of subsection (1) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times.

(3) Where proceedings are instituted on the making of a complaint under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), section 31(1) does not require the Director to do anything until the summons or warrant issued under that Article has been served or executed.

(4) For the purposes of this Part references to the conduct of any proceedings include discontinuing the proceedings and the taking of any steps which may be taken in relation to the proceedings (including making representations on appeals or applications for judicial review or in bail applications).

(5) For the purposes of this Part binding over proceedings shall be taken to be criminal proceedings.

(6) “Binding over proceedings” means any proceedings instituted (whether by way of complaint under Article 127 of the Magistrates’ Courts (Northern Ireland) Order 1981 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognisance to keep the peace or to be of good behaviour.

[F45 (7) For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.]

Textual Amendments

F45 S. 44(7) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 192(8), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3258 and S.I. 2003/3312))

Part 3 N.I. Other New Institutions

Chief Inspector of Criminal Justice N.I.

45 Chief Inspector of Criminal Justice N.I.

(1) There is to be an office of Chief Inspector of Criminal Justice in Northern Ireland.

(2) The Secretary of State must appoint a person to be the Chief Inspector.

(3) Schedule 8 makes further provision about the Chief Inspector.

46 Functions of Chief Inspector N.I.

(1) The Chief Inspector must carry out inspections of the following organisations—

(a) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

(b) Forensic Science Northern Ireland,

(c) the State Pathologist’s Department,

(d) the Public Prosecution Service for Northern Ireland,

(e) the Probation Board for Northern Ireland,

(f) the Northern Ireland Prison Service,

[F46 (g) the Youth Justice Agency;]

(h) any body or person F47 . . . with whom the Secretary of State has made arrangements for the provision of juvenile justice centres or attendance centres,

(i) Health and Social Services Boards and Health and Social Services trusts, F48 . . .

(j) the Compensation Agency.

[F49 (k) the Northern Ireland Child Support Agency,

(l) the Department of Enterprise, Trade and Investment,

(m) the Department of the Environment,

(n) the Health and Safety Executive for Northern Ireland,

(o) the Northern Ireland Tourist Board,

(p) the Police Ombudsman for Northern Ireland,

(q) the Royal Mail Group plc, F50 . . .

(r) the Northern Ireland Social Security Agency.]

[F51 (s) Belfast International Airport Limited,

(t) Belfast Harbour Commissioners, and

(u) Larne Harbour Limited.]

(2) But the Chief Inspector must not carry out inspections of an organisation if he is satisfied that the organisation is subject to adequate inspection by someone other than him.

(3) An inspection of an organisation carried out by the Chief Inspector may cover any institution provided or managed by the organisation.

(4) An inspection carried out by the Chief Inspector of an organisation providing juvenile justice centres or attendance centres (other than the [F52 Youth Justice Agency]) may cover only activities relating to the juvenile justice centres or attendance centres.

(5) An inspection carried out by the Chief Inspector of a Health and Social Services Board or a Health and Social Services trust may cover only activities relating to the keeping of children in secure accommodation under custody care orders.

(6) The Secretary of State may by order amend subsection (1) by—

(a) adding any organisation having a role in the criminal justice system in Northern Ireland (apart from a court or tribunal),

(b) omitting an organisation, or

(c) altering the description of an organisation.

(7) An order under subsection (6) may make appropriate consequential amendments in this section or in any other enactment or any instrument (whenever passed or made).

Textual Amendments

F46 S. 46(1)(g) substituted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 9(2), 19(1); S.R. 2004/267, art. 2

F47 Words in s. 46(1)(h) repealed (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 9(3), 18, 19(1), Sch. 4; S.R. 2004/267, art. 2

F48 Word in s. 46(1)(i) omitted (20.2.2002) by virtue of The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1)) Order 2002 (S.R. 2002/414), {art. 2}

F49 S. 46(1)(k)-(r) inserted (20.2.2002) by The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1)) Order 2002 (S.R. 2002/414), art. 2

F50 Word in s. 46(1)(q) omitted (21.12.2003) by virtue of The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003 (S.R. 2003/552), {art. 2(2)}

F51 S. 46(1)(s)-(u) inserted (21.12.2003) by The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003 (S.R. 2003/552), {art. 2(3)}

F52 Words in s. 46(4) substituted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 9(4), 19(1); S.R. 2004/267, art. 2

Commencement Information

I6 S. 46 wholly in force at 18.12.2003; s. 46 not in force at Royal Assent see s. 87: s. 46(6)(7) in force at 15.10.2002 by S.R. 2002/319, art. 2, Sch.; s. 46(1)-(5) in force at 18.12.2003 by S.R. 2003/488, art. 3

47 Further provisions about functions N.I.

(1) The Chief Inspector must from time to time, after consultation with the Secretary of State and the Attorney General for Northern Ireland, prepare a programme specifying the inspections which he proposes to carry out under section 46.

(2) The Chief Inspector must send a copy of each programme prepared under subsection (1) to—

(a) the Secretary of State, and

(b) the Attorney General for Northern Ireland.

(3) The Secretary of State may require the Chief Inspector to carry out an inspection of an organisation specified in section 46.

(4) The Secretary of State may require the Chief Inspector to carry out a review of any matter relating to the criminal justice system in Northern Ireland (apart from a matter relating to a court or tribunal).

(5) The Secretary of State may not require the Chief Inspector to carry out an inspection or review under subsection (3) or (4) relating (wholly or partly) to the Public Prosecution Service for Northern Ireland without the consent of the Attorney General for Northern Ireland.

(6) The Chief Inspector may not—

(a) carry out inspections or reviews of individual cases, or

(b) carry out an inspection relating to activities of an organisation which do not concern the criminal justice system in Northern Ireland.

(7) The Secretary of State may require the Chief Inspector to provide advice in relation to an organisation specified in section 46.

48 Powers of inspectors N.I.

(1) A person involved in the carrying out of an inspection or review by the Chief Inspector may, on showing evidence of his authority (if required to do so), enter any premises at any reasonable hour for the purposes of the inspection or review.

(2) Such a person may, for the purposes of the inspection or review, require—

(a) that documents be produced in a form in which they can be taken away or be made available for inspection and copying,

(b) that an explanation be given of any document produced or made available, or

(c) that other information be provided.

(3) A person commits an offence if—

(a) he fails, without reasonable excuse, to comply with a requirement imposed on him by virtue of subsection (2), or

(b) he intentionally obstructs a person involved in the carrying out of an inspection or review by the Chief Inspector.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) “Document” includes anything in which information is stored in electronic or any other form; and, in relation to anything containing information in electronic form, references to production or making available are to production or making available in a form in which the information is readily intelligible.

49 Reports N.I.

(1) The Chief Inspector must report to the Secretary of State on each inspection and review carried out by him.

(2) When a report is received by the Secretary of State, he must—

(a) lay a copy of it before each House of Parliament, and

(b) arrange for it to be published.

(3) But the Secretary of State may exclude a part of a report from the copy so laid or published if, in his opinion, the laying or publication of the part—

(a) would be against the public interest, or

(b) might jeopardise the safety of any person.

(4) If the Secretary of State excludes a part of a report from laying or publication, he must lay or publish with the report a statement that it has been excluded.

(5) If a report relates (wholly or partly) to the Public Prosecution Service for Northern Ireland, the Chief Inspector must send a copy of it to the Attorney General for Northern Ireland.

Law Commission N.I.

50 Law Commission N.I.

(1) There is to be a body corporate known as the Northern Ireland Law Commission.

(2) The Commission is to consist of—

(a) a chairman, and

(b) four other Commissioners,

appointed by the Secretary of State.

(3) The chairman is to be a person who holds the office of judge of the High Court.

(4) Of the other Commissioners—

(a) one is to be a person appearing to the Secretary of State to be suitably qualified to be a Commissioner by experience as a barrister,

(b) one is to be a person appearing to the Secretary of State to be suitably qualified to be a Commissioner by experience as a solicitor,

(c) one is to be a person appearing to the Secretary of State to be suitably qualified to be a Commissioner by experience as a teacher of law in a university, and

(d) the other is to be a person who does not hold (and has never held) judicial office and is not (and has never been) a barrister, solicitor or teacher of law in a university.

(5) Before appointing a person to be a Commissioner the Secretary of State must consult—

(a) the Lord Chancellor,

(b) the First Minister and deputy First Minister, and

(c) the Attorney General for Northern Ireland.

(6) In appointing persons to be Commissioners, the Secretary of State must so far as possible secure that the Commissioners (taken together) are representative of the community in Northern Ireland.

(7) Schedule 9 makes further provision about the Commission.

51 Duties of Commission N.I.

(1) The Commission must keep under review the law of Northern Ireland with a view to its systematic development and reform, including in particular by—

(a) codification,

(b) the elimination of anomalies,

(c) the repeal of legislation which is no longer of practical utility, and

(d) the reduction of the number of separate legislative provisions,

and generally by simplifying and modernising it.

(2) For that purpose the Commission must—

(a) consider any proposals for the reform of the law of Northern Ireland made or referred to it,

(b) prepare and submit to the Secretary of State (from time to time) programmes for the examination of different branches of that law with a view to reform, including recommendations as to the agency (whether itself or another body) by which any such examination should be carried out,

(c) undertake, pursuant to any such recommendations approved by the Secretary of State, the examination of particular branches of that law and the formulation (by means of draft legislation or otherwise) of proposals for reform of those branches,

(d) prepare (from time to time) at the request of the Secretary of State comprehensive programmes of consolidation and repeal of legislation, and undertake the preparation of draft legislation pursuant to any such programme approved by the Secretary of State,

(e) provide advice and information to government departments and, with the consent of the Secretary of State, to Northern Ireland departments and other authorities or bodies concerned with proposals for the reform or amendment of any branch of the law of Northern Ireland, and

(f) obtain such information as to the legal systems of other countries as appears to the Commission likely to facilitate the performance of its other duties.

(3) Before approving any programme prepared by the Commission, the Secretary of State must consult—

(a) the Lord Chancellor,

(b) the First Minister and deputy First Minister, and

(c) the Attorney General for Northern Ireland.

(4) In performing its duties the Commission must consult—

(a) the Law Commission,

(b) the Scottish Law Commission, and

(c) the Law Reform Commission of the Republic of Ireland.

(5) The Commission must make an annual report on how it has performed its duties.

52 Reports etc. N.I.

(1) The Commission must send to the Secretary of State and the Office of the First Minister and deputy First Minister a copy of—

(a) each programme prepared by the Commission and approved by the Secretary of State,

(b) each set of proposals for reform formulated by the Commission pursuant to such a programme, and

(c) each annual report of the Commission.

(2) The Secretary of State must lay before each House of Parliament a copy of each document received by him under subsection (1).

(3) The First Minister and deputy First Minister, acting jointly, must lay before the Assembly a copy of each document received by their Office under subsection (1).

(4) After a copy of a document has been laid in accordance with subsections (2) and (3), the Commission must arrange for the document to be published.

Part 4 N.I. Youth Justice

Aims N.I.

53 Aims of youth justice system N.I.

(1) The principal aim of the youth justice system is to protect the public by preventing offending by children.

(2) All persons and bodies exercising functions in relation to the youth justice system must have regard to that principal aim in exercising their functions, with a view (in particular) to encouraging children to recognise the effects of crime and to take responsibility for their actions.

(3) But all such persons and bodies must also have regard to the welfare of children affected by the exercise of their functions (and to the general principle that any delay in dealing with children is likely to prejudice their welfare), with a view (in particular) to furthering their personal, social and educational development.

(4) “Youth justice system” means the system of criminal justice in so far as it relates to children.

(5) “Offending” includes re-offending.

(6) “Children” means persons who are under the age of 18.

Commencement Information

I7 S. 53 wholly in force at 30.8.2005; s. 53 not in force at Royal Assent, see s. 87; s. 53(1)-(5) in force at 1.12.2003 by S.R. 2003/488, art. 2, Sch.; s. 53(6) in force at 30.8.2005 by S.R. 2005/391, art. 2, Sch.

New orders N.I.

54 Reparation orders N.I.

After Article 36 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Reparation orders N.I.

36A Reparation orders

(1) Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a reparation order.

(2) A reparation order is an order requiring the offender to make such reparation for the offence, otherwise than by the payment of compensation, as is specified in the order—

(a) to a person or persons so specified; or

(b) to the community at large.

(3) Any person so specified must be a person identified by the court as—

(a) a victim of the offence; or

(b) a person otherwise affected by it.

(4) Before making a reparation order, the court must obtain and consider a written report by—

(a) a probation officer;

(b) a social worker of the appropriate authority; or

(c) such other person as the Secretary of State may designate.

(5) The report must indicate—

(a) the type of requirements that it would be appropriate to impose on the offender; and

(b) the attitude of the victim or victims of the offence to the requirements proposed to be included in the order.

36B Restrictions on reparation orders

(1) The court must not make a reparation order in respect of the offender unless he consents.

(2) The court must not make a reparation order in respect of the offender if it proposes—

(a) to pass on him a custodial sentence; or

(b) to make in respect of him a community service order, a community responsibility order or a combination order.

(3) The court must not make a reparation order unless—

(a) it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36D(1); and

(b) the notice has not been withdrawn.

(4) Before making a reparation order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion.

(5) It must also explain to the offender in ordinary language—

(a) why it is making the order;

(b) the effect of the order and of the requirements proposed to be included in it;

(c) the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and

(d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.

36C Requirements of reparation orders

(1) A reparation order must not require the offender—

(a) to make reparation for more than 24 hours; or

(b) to make reparation to any person without the consent of that person.

(2) Requirements specified in a reparation order must, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(3) The reparation required by a reparation order must be made—

(a) under the supervision of the responsible officer; and

(b) within the period of six months beginning with the date on which the order is made.

(4) But, unless revoked, the order remains in force until the offender has made the reparation required by the order.

(5) The Secretary of State may make rules for regulating the making of reparation by persons subject to reparation orders.

(6) Such rules may, in particular, make provision—

(a) regulating the functions of responsible officers;

(b) limiting the number of hours of making reparation on any one day;

(c) as to the reckoning of hours spent in complying with the requirements imposed by a reparation order;

(d) as to the keeping of records of such hours; and

(e) for the payment of travelling and other expenses incurred in connection with complying with such requirements.

(7) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

36D Supplementary provisions about reparation orders

(1) A reparation order must name the petty sessions district in which it appears to—

(a) the court making the order; or

(b) the court amending under Schedule 1A any provision included in the order,

that the offender resides or will reside.

(2) In this Order “responsible officer”, in relation to an offender subject to a reparation order, means one of the following who is specified in the order—

(a) a probation officer;

(b) a social worker of the appropriate authority; and

(c) such other person as the Secretary of State may designate.

(3) Where a reparation order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order.

(4) The court by which a reparation order is made must immediately give copies of the order to—

(a) the offender subject to the order;

(b) his parent or guardian; and

(c) the responsible officer.

(5) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

(6) A magistrates’ court must cause a reason stated by it under Article 36B(4) or (5)(a) to be entered in the Order Book.

(7) The Secretary of State may pay any expenses of a person designated by him which are incurred under Article 36A or in performing any functions as the responsible officer of an offender subject to a reparation order.

(8) Schedule 1A (which makes provision for dealing with failures to comply with reparation orders and for their revocation and amendment) shall have effect.”

55 Community responsibility orders N.I.

After Article 36D of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 54 of this Act) insert—

“Community responsibility orders N.I.

36E Community responsibility orders

(1) Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a community responsibility order.

(2) A community responsibility order is an order requiring the offender—

(a) to attend at a place specified in the order for the number of hours so specified for relevant instruction in citizenship; and

(b) to carry out for the number of hours specified in the order such practical activities as the responsible officer considers appropriate in the light of that instruction.

(3) “Relevant instruction in citizenship”, in relation to an offender, means instruction dealing with—

(a) citizenship (including, in particular, the responsibilities a person owes to the community);

(b) the impact of crime on victims; and

(c) any factors relating to the offender which may cause him to commit offences.

(4) In this Order “responsible officer”, in relation to an offender subject to a community responsibility order, means one of the following who is specified in the order—

(a) a probation officer;

(b) a social worker of the appropriate authority; and

(c) such other person as the Secretary of State may designate.

(5) The number of hours specified under paragraph (2)(a) must be not less than one half of the aggregate number of hours specified in the order.

(6) The aggregate number of hours specified in the order must be—

(a) not less than 20; and

(b) not more than 40.

(7) Where a court makes community responsibility orders in respect of two or more offences of which the offender has been found guilty by or before the court, it may direct that the hours specified in any of those orders be—

(a) concurrent with those specified in any other of those orders; or

(b) additional to those so specified.

(8) But the total number of hours which are not concurrent must not exceed the maximum specified in paragraph (6)(b).

(9) The Secretary of State may by order amend paragraph (6)(a) or (b) (or both).

(10) An order under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order.

36F Restrictions on community responsibility orders

(1) The court must not make a community responsibility order in respect of the offender unless he consents.

(2) The court must not make a community responsibility order in respect of the offender if it proposes to deal with him for the offence in any other way.

(3) The court must not make a community responsibility order unless—

(a) it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36I(1); and

(b) the notice has not been withdrawn.

(4) Before making a community responsibility order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion.

(5) It must also explain to the offender in ordinary language—

(a) why it is making the order;

(b) the effect of the order and of the requirements proposed to be included in it;

(c) the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and

(d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.

36G Requirements of community responsibility orders

(1) An offender in respect of whom a community responsibility order is in force must—

(a) attend the place specified in the order at such times as he may be instructed by the responsible officer; and

(b) carry out such activities as he may be instructed by the responsible officer to carry out at such times as he may be so instructed to carry them out.

(2) Such an offender must—

(a) keep in touch with the responsible officer in accordance with such instructions as he may be given by that officer; and

(b) give notice to him of any change of address.

(3) The instructions given by the responsible officer must, as far as practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and

(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(4) The obligations imposed by a community responsibility order must be performed within the period of six months beginning with the date on which the order is made.

(5) But, unless revoked, the order remains in force until the offender has performed the obligations contained in the order.

36H Rules relating to community responsibility orders

(1) The Secretary of State may make rules for regulating—

(a) the attendance by persons subject to community responsibility orders at places for the purposes of those orders; and

(b) the carrying out by such persons of practical activities for those purposes.

(2) Such rules may, in particular, make provision—

(a) regulating the functions of responsible officers;

(b) limiting the number of hours of attendance or of carrying out activities on any one day;

(c) as to the reckoning of hours spent in complying with the requirements imposed by a community responsibility order;

(d) as to the keeping of records of such hours; and

(e) for the payment of travelling and other expenses incurred in connection with complying with such requirements.

(3) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

36I Supplementary provisions about community responsibility orders

(1) A community responsibility order must name the petty sessions district in which it appears to—

(a) the court making the order; or

(b) the court amending under Schedule 1A any provision included in the order,

that the offender resides or will reside.

(2) Where a community responsibility order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order.

(3) The court by which a community responsibility order is made must immediately give copies of the order to—

(a) the offender subject to the order;

(b) his parent or guardian; and

(c) the responsible officer.

(4) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

(5) A magistrates’ court must cause a reason stated by it under Article 36F(4) or (5)(a) to be entered in the Order Book.

(6) The Secretary of State may pay any expenses of a person designated by him which are incurred in performing any functions as the responsible officer of an offender subject to a community responsibility order.

(7) Schedule 1A (which makes provision for dealing with failures to comply with community responsibility orders and for their revocation and amendment) shall have effect.”

Prospective

56 Custody care orders N.I.

After Article 44 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Custody care orders N.I.

44A Custody care orders

(1) Where a child who has not attained the age of 14 is found guilty by or before any court of an offence punishable, in the case of an adult, with imprisonment, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a custody care order.

(2) A custody care order is an order that the child shall be placed in secure accommodation by the appropriate authority and be subject to a period of being kept in secure accommodation by the appropriate authority followed by a period of supervision.

(3) A custody care order shall be for a period of six months unless the court specifies in the order a longer period not exceeding two years.

(4) A court shall not make a custody care order unless, after taking into account any matters which it is required to take into account by Article 37 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (previous convictions etc.), it has formed the opinion under Articles 19 and 20 of that Order that a custodial sentence would be justified for the offence.

(5) Where a court makes a custody care order for a period longer than six months, it shall state in open court its reasons for doing so.

(6) Subject to paragraph (7), the period for which a child is to be kept in secure accommodation under a custody care order shall be one half of the period of the order; but the appropriate authority may, with the consent of the [F53 Department of Justice], at any time discharge a child who is being so kept.

(7) The length of the period for which the child is to be kept in secure accommodation shall be treated as reduced by any period which is a relevant period within the meaning of section 26(2) and (2A) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (reduction of sentence).

(8) Where a court makes a custody care order in the case of a child who will attain the age of 14 at a time during the period for which he is to be kept in secure accommodation under the order, the court may provide that he shall be detained in a juvenile justice centre for the whole or any part of the period following that time.

(9) Any reference in any statutory provision to the length of the period of a custody care order shall, unless the context otherwise requires, be construed as a reference to the length of the period imposed by or under paragraph (3) and not the length of the period as reduced by paragraph (7).

44B Period in secure accommodation under custody care order

(1) This Article makes provision about the application of the Children (Northern Ireland) Order 1995 (N.I. 2) in relation to a child during any period for which he is kept in secure accommodation by the appropriate authority under a custody care order (or under any other order under this Order or as a place of safety).

(2) Of the provisions about a child looked after by an authority (within the meaning of Article 25) those specified in paragraph (3) (and no others) apply.

(3) Those provisions are—

(a) Article 26 (duty to safeguard and promote welfare);

(b) Article 27(1), (2)(b), (e) and (f), (8) and (9) and Article 28(2) (accommodation and maintenance);

(c) Article 29(1), (2) and (4) to (6) (promotion and maintenance of contact with family);

(d) Articles 30 and 31 (visits);

(e) Article 34 (death);

(f) Article 35(1) and Article 36(1) and (4) (advice, assistance and befriending);

(g) Article 45 (reviews and representations); and

(h) Articles 72 and 73 (provision of homes).

(4) In their application by virtue of paragraph (2)—

(a) Article 29(4) has effect with the omission of sub-paragraph (a); and

(b) Article 34(1)(a) has effect as if the reference to the Department were to the Department and the [F53 Department of Justice].

(5) The following provisions—

(a) Article 5(7) (person having parental responsibility not to act inconsistently with order);

(b) Article 52(3) to (6), (7)(a) and (9) (effect of care order); and

(c) Article 53(1) to (9) (parental contact),

apply as if the custody care order (or the other order or the placing of the child in a place of safety) were a care order and the appropriate authority were the authority designated by it and in whose care the child is.

(6) Articles 8 to 14 (residence, contact etc. orders) and Articles 17 to 24 (children in need) do not apply.

(7) No care order or supervision order under Part 5 may be made or, if such an order has already been made, it does not have effect.

44C Escape from secure accommodation

(1) If a child who has been ordered to be kept in secure accommodation under a custody care order—

(a) escapes from secure accommodation in which he is being kept or from any hospital or institution in which he is receiving medical treatment;

(b) being absent from secure accommodation on temporary leave of absence or under supervision, runs away from the person in whose charge he is or fails to return to the secure accommodation at the end of his leave; or

(c) being absent from secure accommodation under supervision, fails to return to the secure accommodation on being recalled,

he may be arrested without warrant by a constable or any person authorised by the appropriate authority and taken to any secure accommodation, or (if he has attained the age of 14) to any juvenile justice centre, or returned to any hospital or institution from which he escaped or to any person in whose charge he was.

(2) A child arrested under paragraph (1) may at any time be brought with the authority of the [F53 Department of Justice] before a court of summary jurisdiction having jurisdiction where the child is found or where the secure accommodation, hospital or institution is situated.

(3) Where a child is brought before a court under paragraph (2), the court—

(a) may order the period for which he is to be detained under the custody care order to be increased by a further period not exceeding 30 days; but

(b) if it does not do that, shall revoke the custody care order and deal with the child in any manner in which the court could deal with him if he had just been found guilty of the offence by the court.

(4) In dealing with a child under paragraph (3)(b) the court shall take into account the period for which the custody care order would, but for its revocation, have continued in effect.

(5) If any person—

(a) knowingly assists a child who escapes, runs away or fails to return as mentioned in paragraph (1) or knowingly induces any child to so escape, run away or fail to return;

(b) without lawful authority takes a child away from any accommodation, hospital, institution or person as is mentioned in that paragraph; or

(c) knowingly harbours or conceals a child who escapes, runs away or fails to return as mentioned in paragraph (1), or prevents him from returning,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.

44D Taking of children to secure accommodation

(1) The court which makes a custody care order shall cause it to be delivered to the constable or other person responsible for taking the child to the secure accommodation in which he is to be placed, and the person who takes him there shall deliver the order to the appropriate authority.

(2) The court by which a custody care order is made shall cause a record, containing such information in the possession of the court with respect to the child as is in the opinion of the court likely to be of assistance to the appropriate authority, to be sent to that authority.

(3) Where a child is taken to a juvenile justice centre by virtue of Article 44A(8), the appropriate authority shall send a copy of the record sent to it under paragraph (2) to the managers or person for the time being in charge of the juvenile justice centre.

(4) Where a child has been ordered to be placed in secure accommodation, any person who harbours or conceals him after the time has come for him to go there shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.

(5) Where a constable or other person authorised to take a child to secure accommodation is, when the time has come for him to go there, unable to find him or unable to obtain possession of him, a lay magistrate, if satisfied by complaint on oath that there is a reasonable ground for believing that some person named in the complaint can produce the child, may issue a summons requiring the person so named to attend at a court of summary jurisdiction on such day as may be specified in the summons and produce the child.

(6) If the person required by the summons to produce the child fails without reasonable excuse to do so, he shall, in addition to any other liability to which he may be subject under the provisions of this Order, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

44E Supervision under custody care order

(1) During the period of supervision under a custody care order, the child shall be under the supervision of a probation officer or such other person as the [F53 Department of Justice] may designate.

(2) Before the commencement of the period of supervision—

(a) the appropriate authority shall give him a notice specifying—

(i) the period of supervision; and

(ii) the person under whose supervision he will be; and

(b) the person under whose supervision he will be shall give him a notice specifying any requirements with which he must comply.

(3) During the period of supervision the person under whose supervision the offender is or another person designated by the [F53 Department of Justice] may give the child a notice specifying any alteration to the matters mentioned in paragraph (2)(a)(ii) or (b).

(4) The [F53 Department of Justice] may make rules regulating the supervision of a child subject to a custody care order.

(5) Rules under paragraph (4) are subject to [F54 negative resolution].

(6) The [F53 Department of Justice] may pay the expenses incurred by any person designated under paragraph (1) arising from the supervision of a child under this Article.

44F Breach of supervision requirements

(1) Where a custody care order has been made in respect of a child and it appears, on a complaint made to a lay magistrate, that the child has failed to comply with any requirements under Article 44E(2) or (3), the lay magistrate may—

(a) issue a summons directed to the child requiring him to appear before a youth court specified in the summons; or

(b) if the complaint is in writing and on oath, issue a warrant for the child’s arrest requiring him to be brought before a youth court specified in the warrant.

(2) If it is proved to the satisfaction of the court before which the child appears or is brought under this Article that he has failed without reasonable excuse to comply with requirements under Article 44E(2) or (3), the court may—

(a) if he has not attained the age of 14, deal with him as specified in paragraph (3); and

(b) if he has attained that age, deal with him as specified in paragraph (4).

(3) If the child has not attained the age of 14, the court may either—

(a) impose on him a fine not exceeding £200; or

(b) order him to be placed in secure accommodation by the appropriate authority and kept there by the appropriate authority for a period not exceeding 30 days;

but the appropriate authority may, with the consent of the [F53 Department of Justice], at any time discharge a child who is being so kept.

(4) If the child has attained the age of 14, the court may either—

(a) impose on him a fine not exceeding £1,000; or

(b) order him to be detained in a juvenile justice centre for a period not exceeding 30 days.

(5) Where the court imposes a fine on the child under paragraph (3)(a) or (4)(a), it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing.

(6) A fine ordered under paragraph (5) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the custody care order was made.

(7) A parent or guardian may appeal to a county court against an order under paragraph (5).

(8) Any period of supervision shall not be reduced by any period during which the child is detained under this Article.

44G Effect of subsequent conviction where custody care order is in effect

(1) Where a child in respect of whom a custody care order is (or but for Article 44A(8) would be) in effect is convicted by or before a court of an offence and the court imposes a custodial sentence on the child for the offence, the court shall—

(a) revoke the order; and

(b) in dealing with the child for the offence take into account the period for which, but for the revocation, the order would have continued in effect.

(2) Where in such a case the court decides to make a custody care order, Article 44A shall have effect as if—

(a) in paragraph (3) for the words from “a period of six months” to “two years” there were substituted “such period not exceeding two years as the court specifies in the order”; and

(b) in paragraph (6) for the words “one half of the period of the order” there were substituted “such part of the period of the order as the court specifies in the order”.

(3) Where in such a case the court decides to make a juvenile justice centre order, Article 39 shall have effect as if—

(a) in paragraph (2) for the words from “a period of six months” to “two years” there were substituted “such period not exceeding two years as the court specifies in the order”; and

(b) in paragraph (5) for the words “one half of the period of the order” there were substituted “:such part of the period of the order as the court specifies in the order”.”

Textual Amendments

F53 Words in s. 56 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 11(2) (with arts. 28-31)

F54 Words in s. 56 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 13 para. 11(3) (with arts. 28-31)

Youth conferences N.I.

57 Youth conferences and youth conference plans N.I.

After Article 3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“3A Youth conferences

(1) In this Order “youth conference”, in relation to a child and an offence, means a meeting, or series of meetings, for considering how the child ought to be dealt with for the offence.

(2) A meeting does not constitute, or form part of, a youth conference unless the following persons participate in it—

(a) a youth conference co-ordinator (as chairman);

(b) the child;

(c) a police officer; and

(d) an appropriate adult.

(3) The Secretary of State must designate persons employed in—

(a) the civil service of the United Kingdom; or

(b) the civil service of Northern Ireland,

to be youth conference co-ordinators.

(4) Except where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), “appropriate adult” means a parent or guardian of the child or, if no parent or guardian of the child is able and willing to participate in the meeting—

(a) a social worker of the appropriate authority or a legal representative of the child; or

(b) if no-one within sub-paragraph (a) is able and willing to participate in the meeting, any responsible person who has attained the age of 18 and is neither a police officer nor a member of the police support staff.

(5) Where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995), “appropriate adult” means a social worker of the authority.

(6) The following persons are entitled to participate in any meeting constituting, or forming part of, a youth conference—

(a) the victim of the offence or, if the victim is not an individual, an individual representing the victim;

(b) a legal representative of the child acting as his adviser; and

(c) if a community order or youth conference order is in force in respect of the child or the child is subject to supervision under a juvenile justice centre order or custody care order, the supervising officer.

(7) The supervising officer is—

(a) in the case of a probation order, the probation officer responsible for the child’s supervision under the order;

(b) in the case of a community service order, the person who is the relevant officer for the purposes of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) ;

(c) in the case of a combination order, either of the persons mentioned in sub-paragraphs (a) and (b);

(d) in the case of an attendance centre order, the officer in charge of the attendance centre specified in the order;

(e) in the case of a community responsibility order, reparation order or youth conference order, the responsible officer; or

(f) in the case of a juvenile justice centre order or custody care order, the probation officer or person designated by the Secretary of State who is supervising the child.

(8) A youth conference co-ordinator may allow other persons—

(a) to participate in any meeting constituting, or forming part of, a youth conference; or

(b) to attend any such meeting for any purpose specified by him,

if he considers that their participation, or attendance for that purpose, would be of value.

(9) Where a youth conference is convened with respect to a child and an offence, neither—

(a) the fact that it has been convened; nor

(b) anything said or done (or omitted to be said or done) in or in connection with any meeting constituting, or forming part of, the youth conference,

is admissible in any criminal proceedings as evidence that the child committed the offence.

3B Youth conference rules

(1) The Secretary of State may make rules about the procedure of youth conferences.

(2) The rules may, in particular, make provision—

(a) conferring or imposing functions on youth conference co-ordinators (which may include power to exclude from a meeting constituting, or forming part of, a youth conference persons otherwise entitled to participate in it by virtue of Article 3A(6)); and

(b) about the period within which youth conferences must be completed and functions of youth conference co-ordinators must be performed.

(3) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

3C Youth conference plans

(1) In this Order “youth conference plan”, in relation to a child and an offence, is a proposal made by a youth conference co-ordinator (after a youth conference convened with respect to the child and the offence has been completed) that the child be required to do one or more of the following—

(a) apologise to the victim of the offence or any person otherwise affected by it;

(b) make reparation for the offence to the victim or any such person or to the community at large;

(c) make a payment to the victim of the offence not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the child in committing the offence;

(d) submit himself to the supervision of an adult;

(e) perform unpaid work or service in or for the community;

(f) participate in activities (such as activities designed to address offending behaviour, offering education or training or assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs);

(g) submit himself to restrictions on his conduct or whereabouts (including remaining at a particular place for particular periods); and

(h) submit himself to treatment for a mental condition or for a dependency on alcohol or drugs.

(2) A youth conference plan may specify a requirement under paragraph (1)(e) only if the child has attained the age of 16.

(3) A youth conference plan may specify requirements applying only in specified circumstances.

(4) A youth conference plan must specify the period during which the child must comply with the requirements specified in it.

(5) That period must not be more than one year.

(6) A youth conference plan must specify the date on which (subject to Article 10D(2) or 36J(2)) the child must begin to comply with the requirements specified in it.

(7) The fact that a child has been subject to a youth conference plan in respect of an offence may be cited in criminal proceedings in the same circumstances as a finding that the child committed the offence may be so cited.

(8) The Secretary of State may make procedural rules about youth conference plans which may (in particular) include provision about the period within which functions of persons required to monitor compliance with youth conference plans must be performed.

(9) Rules under paragraph (8) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.”

58 Diversionary youth conferences N.I.

After Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Part 3A N.I. Diversionary Youth Conferences

10A Diversionary youth conferences

(1) The Director may, where he considers it appropriate to do so, refer a case to a youth conference co-ordinator for him to convene a diversionary youth conference with respect to a child and an offence if—

(a) the Director has the conduct of proceedings instituted against the child in respect of the offence (whether by him or any other person); or

(b) he would (but for this Article) institute proceedings against the child in respect of the offence.

(2) A diversionary youth conference is a youth conference convened with a view to the making to the Director by a youth conference co-ordinator of one of the following recommendations—

(a) that no further action be taken against the child in respect of the offence;

(b) that proceedings against the child in respect of the offence be continued or instituted;

(c) that the child be subject to a youth conference plan in respect of the offence.

(3) The Director must not make a reference under this Article unless the child—

(a) admits to the Director that he has committed the offence; and

(b) agrees with the Director that he will participate in a diversionary youth conference with respect to the offence.

(4) The Director must not make a reference under this Article unless—

(a) he has been given notice by the Secretary of State that provision for youth conferences has been made for the area in which it appears to him that the child resides or will reside; and

(b) the notice has not been withdrawn.

(5) If the Director makes a reference under this Article, proceedings against the child in respect of the offence may not be continued or instituted—

(a) until he has received a report under Article 10C following the completion of the diversionary youth conference; or

(b) if the diversionary youth conference is terminated before completion or does not take place, until he has received a report under Article 10B(1)(b).

(6) If a recommendation under paragraph (2) is made to the Director, he must consider whether to accept or reject it.

(7) If the Director accepts a recommendation made under paragraph (2)(c), proceedings against the child in respect of the offence may not be continued or instituted unless the child has failed to comply with the requirements specified in the youth conference plan to a significant extent.

(8) In determining whether the child has failed to comply with the requirements specified in the youth conference plan to a significant extent the Director or a court must have regard to any report made by a youth conference co-ordinator under Article 10D with respect to the child and the youth conference plan.

(9) References in this Article to proceedings being continued against a child do not include adjournment of the proceedings or remanding the child on bail (or in custody).

(10) At any time after the Director makes a reference under this Article, he may require that, unless a court remands the child on bail (or in custody), it must adjourn any proceedings against the child in respect of the offence until such time (if any) as he continues the proceedings in accordance with this Article.

(11) At any time after the Director makes a reference under this Article but before such time (if any) as he continues proceedings against the child for the offence, a court may in the absence of the child—

(a) adjourn or further adjourn the proceedings; and

(b) where the child has been remanded on bail, order the child to be remanded on bail for such further period as may be deemed reasonable (in which case any recognisance requiring or conditioned for the appearance of the child before the court shall be deemed to be varied so as to require his appearance at the time and place to which he is so remanded).

10B References: supplementary

(1) If a child withdraws an admission or agreement made under Article 10A(3) before the diversionary youth conference is completed—

(a) the diversionary youth conference is terminated (or, if not yet started, does not take place); and

(b) a youth conference co-ordinator must make to the Director a written report stating that the child has withdrawn such an admission or agreement (and nothing else).

(2) The fact that a child has made or withdrawn such an admission or agreement is not admissible in any criminal proceedings as evidence that he committed the offence.

(3) If proceedings against a child in respect of an offence are continued or instituted by virtue of Article 10A(7), a court dealing with the child for the offence must have regard to anything done by the child in compliance with the requirements specified in the youth conference plan.

(4) Where there is a limit on the time for instituting proceedings in respect of an offence with respect to which a reference is made under Article 10A, in calculating when that limit is reached there shall be disregarded the period—

(a) beginning with the making of the reference; and

(b) ending with the receipt by the Director of a report under paragraph (1)(b) or Article 10C or 10D in consequence of the reference or, if more than one such report is so received, with the receipt of the last of them.

(5) For the purposes of Article 10A and this Article proceedings are instituted in respect of an offence—

(a) where a summons is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (N.I. 26), when the complaint for the offence is made under that Article;

(b) where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article;

(c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge; and

(d) where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court.

(6) Where the application of paragraph (5) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times.

10C Recommendations: supplementary

(1) A youth conference co-ordinator may not make a recommendation under Article 10A(2)(c) unless—

(a) the child agrees to be subject to the youth conference plan;

(b) any person (other than the child) by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(c) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(2) If a youth conference co-ordinator makes a recommendation under Article 10A(2)(b), he may also recommend anything which he could recommend to a court under paragraph (5) of Article 33A if the case had been referred by the court for him to convene a youth conference under that Article (after a finding that the child was guilty of the offence).

(3) A recommendation made to the Director by a youth conference co-ordinator under Article 10A(2) must be made in the form of a written report.

(4) If the recommendation is made under Article 10A(2)(c), the report must include details of the youth conference plan.

(5) If, after the completion of a diversionary youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 10A(2), he must make a written report of that fact to the Director.

10D Plans: compliance and variation

(1) This Article applies when the Director has accepted a recommendation made under Article 10A(2)(c).

(2) The date on which the child must begin to comply with the requirements specified in the youth conference plan is the date specified in the youth conference plan under Article 3C(6) or such other date as the Director may, with the consent of the youth conference co-ordinator, determine.

(3) A youth conference co-ordinator, or other person, nominated by the Secretary of State must monitor compliance by the child with the requirements specified in the youth conference plan.

(4) If, during the period specified in the youth conference plan, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan considers that the child has not been complying with them, he must make a written report to the Director.

(5) The report must contain details of the respects in which he considers that the child has not been complying with the requirements.

(6) When the period specified in the youth conference plan ends, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan must make a written report to the Director.

(7) The report must contain—

(a) an assessment of the extent (if any) to which he considers that the child has complied with the requirements specified in the youth conference plan; and

(b) such further information as he thinks may assist in the exercise of the functions of the Director with respect to the child and the offence concerned.

(8) The person required to monitor the child’s compliance with the requirements specified in the youth conference plan may, with the consent of the Director, vary the youth conference plan.

(9) But the youth conference plan may not be varied unless—

(a) the child agrees to the variation;

(b) if the variation relates to any action falling to be taken by any person (other than the child), that person agrees to the variation; and

(c) if the variation relates to any action required to be taken by the child in relation to another person, that person agrees to the variation.

(10) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions under this Article.”

59 Court-ordered youth conferences N.I.

After Article 33 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Youth conferences N.I.

33A Court-ordered youth conferences

(1) Subject to Articles 33B and 33C, a court must refer the case of a child who has been found guilty of an offence by or before the court to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence, unless the offence falls within paragraph (2).

(2) The offences falling within this paragraph are—

(a) offences the sentence for which is, in the case of an adult, fixed by law as imprisonment for life;

(b) offences which are, in the case of an adult, triable only on indictment; and

(c) offences which are scheduled offences for the purposes of Part 7 of the Terrorism Act 2000 (c. 11).

(3) If a child has been found guilty by or before a court of an offence which—

(a) falls within sub-paragraph (b) or (c) of paragraph (2); but

(b) does not fall within sub-paragraph (a) of that paragraph,

the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence.

(4) Where a child—

(a) is in breach of a community order or youth conference order and falls to be dealt with by a court for the offence in respect of which the order was made as if he had just been found guilty of the offence; or

(b) appeals to a court against any sentence or order imposed on him in respect of an offence,

the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence.

(5) A court-ordered youth conference is a youth conference convened with a view to the making to the court by a youth conference co-ordinator of one of the following recommendations—

(a) that the court exercise its powers (apart from Article 36J) to deal with the child for the offence;

(b) that the child be subject to a youth conference plan in respect of the offence; or

(c) that the court exercise its powers to deal with the child for the offence by imposing a custodial sentence and that the child be subject to a youth conference plan in respect of the offence.

(6) A court must not make a reference under this Article unless the child agrees that he will participate in a court-ordered youth conference with respect to the offence.

(7) And if the child withdraws his agreement before the court-ordered youth conference is completed, the court-ordered youth conference is terminated (or, if not yet started, does not take place).

(8) If a court makes a reference under this Article, the court may not deal with the child for the offence until the court has received a report under Article 33E(3) or (7) following the completion of the court-ordered youth conference (or the court-ordered youth conference is terminated before completion or does not take place).

(9) If a recommendation is made to a court under paragraph (5), the court must consider it before dealing with the child for the offence.

(10) The Secretary of State may by order amend paragraphs (1) to (3); and an order under this paragraph may include any incidental, consequential, transitional or supplementary provision (including the amendment, or repeal or revocation, of any statutory provision whenever passed or made, including any provision of this Order) which appears to the Secretary of State to be appropriate.

(11) An order under paragraph (10) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order.

33B Associated offences

(1) This Article applies where a child has been found guilty by or before a court of associated offences.

(2) If one or more of the offences is an offence which falls within sub-paragraph (a) of paragraph (2) of Article 33A, the court must not make a reference under that Article with respect to any of the offences.

(3) Subject to that, if—

(a) one or more of the offences is an offence which falls within sub-paragraph (b) or (c) of that paragraph; but

(b) the remaining offence, or (where more than one) each of the remaining offences, is not an offence which falls within either of those sub-paragraphs,

the court is not required to make a reference under Article 33A with respect to any of the offences but may make such a reference with respect to any or all of them.

33C References: supplementary

(1) A court must not make a reference under Article 33A unless—

(a) the Secretary of State has given the clerk of the court notice that provision for youth conferences has been made for the area in which it appears to the court that the child resides or will reside, and

(b) the notice has not been withdrawn.

(2) Paragraph (1) of Article 33A does not require the court by or before which a child is found guilty of an offence to make a reference under that Article if—

(a) a diversionary youth conference has been completed with respect to the child and the offence; and

(b) the youth conference co-ordinator made a recommendation under Article 10A(2)(c) or 10C(2);

but in such circumstances the court may make such a reference if it considers it appropriate to do so.

(3) Where a court does not make a reference under Article 33A in reliance on paragraph (2), the recommendation made under Article 10A(2)(c) or 10C(2) is to be regarded as having been made to the court under Article 33A(5).

(4) If a court does not refer a case to a youth conference co-ordinator where it has power to do so—

(a) it must give its reasons in open court; and

(b) if it is a magistrates’ court, it must cause the reason to be entered in the Order Book.

(5) A court must not make a reference under Article 33A with respect to a child and an offence if it proposes to deal with the child for the offence by making an order discharging him absolutely or conditionally.

(6) But if a child falls to be dealt with by a court for an offence under Article 5(6), (7) or (8) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (offences committed during period of conditional discharge), Article 33A applies as if he had been found guilty of the offence by or before the court.

(7) Where a court defers passing sentence on a child for an offence under Article 3 of the Criminal Justice (Northern Ireland) Order 1996, any duty imposed on the court by Article 33A(1) must be complied with before the passing of sentence.

(8) Where the case of a child found guilty of an offence is remitted to a youth court under Article 32(1), the youth court (and not the court remitting the case) is to be treated for the purposes of the provisions about court-ordered youth conferences as the court by or before which the child is found guilty of the offence.

33D Termination of youth conference

(1) This Article applies where a court has referred a case to a youth conference co-ordinator for him to convene a court-ordered youth conference.

(2) The court may, on the application of a youth conference co-ordinator, order that the youth conference be terminated (or, if not yet started, is not to take place).

(3) The court may so order only if satisfied that the court-ordered youth conference would serve no useful purpose.

(4) Before making an application under paragraph (2), the youth conference co-ordinator must consult the other persons specified in Article 3A(2).

33E Recommendations: supplementary

(1) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(b) unless—

(a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(2) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(c) unless—

(a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(3) A recommendation to the court by a youth conference co-ordinator under Article 33A(5) must be made in the form of a written report.

(4) If the recommendation is made under Article 33A(5)(a), the report—

(a) where recommending that the court should exercise its powers by imposing a custodial sentence, must not specify what sort of custodial sentence the court should impose or for what period; and

(b) where recommending that the court should exercise its powers otherwise than by imposing a custodial sentence, may include details of how it is recommended that the court should exercise its powers.

(5) If the recommendation is made under Article 33A(5)(b), the report must include details of the youth conference plan.

(6) If the recommendation is made under Article 33A(5)(c), the report—

(a) must not specify what sort of custodial sentence the court should impose or for what period; but

(b) must include details of the youth conference plan.

(7) If, after the completion of a court-ordered youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 33A(5), he must make a written report of that fact to the court giving the reasons why he is unable to do so.

(8) A report under this Article must be accompanied by copies of any reports obtained for the purposes of the court-ordered youth conference.”

60 Youth conference orders N.I.

After Article 36I of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 55 of this Act) insert—

“Youth conference orders N.I.

36J Youth conference orders

(1) Where a recommendation is made to a court under Article 33A(5)(b) or (c), the court may make a youth conference order in relation to the offender to whom the recommendation relates.

(2) A youth conference order is an order requiring the offender—

(a) to comply with the requirements specified in the youth conference plan; or

(b) to comply with those requirements as varied by the order;

and the order must specify as the date when the offender must begin so to comply either the date specified in the youth conference plan under Article 3C(6) or such other date as the court may, with the consent of the youth conference co-ordinator, determine.

(3) A court must not make a youth conference order unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant it.

(4) In forming any such opinion the court must take into account all information about the circumstances of the offence, or of the offence and the offence or offences associated with it, (including any aggravating or mitigating factors) which is available to it.

(5) The court must not make a youth conference order unless the offender consents.

(6) The court must not make a youth conference order under paragraph (2)(b) unless it has consulted the youth conference co-ordinator.

(7) If the court does not make a youth conference order under paragraph (2)(a) in a case where it has power to do so, it must give its reasons in open court.

(8) Where the court makes a youth conference order, it may not exercise any other power it has to deal with the offender for the offence.

(9) But if the recommendation to the court was made under Article 33A(5)(c) the court may, if the offender consents, also impose any custodial sentence which the court has power to impose for the offence.

36K Supplementary provisions about youth conference orders

(1) Before making a youth conference order, the court must state in open court that it is of the opinion that Article 36J(3) applies and why it is of that opinion.

(2) Before making a youth conference order, the court must explain to the offender in ordinary language—

(a) why it is making the order;

(b) the effect of the order and of the requirements proposed to be included in it;

(c) the consequences which may follow under Schedule 1A if he fails to comply with those requirements; and

(d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.

(3) In this Order “responsible officer”, in relation to an offender subject to a youth conference order, means the youth conference co-ordinator, or other person designated by the Secretary of State, who is specified in the order.

(4) If the court is a magistrates’ court, it must cause any reasons given under Article 36J(7) or paragraph (1) or (2)(a) to be entered in the Order Book.

(5) A youth conference order must name the petty sessions district in which it appears to—

(a) the court making the order; or

(b) the court amending under Schedule 1A any provision included in the order,

that the offender resides or will reside.

(6) The court by which a youth conference order is made must immediately give copies of the order to—

(a) the offender subject to the order;

(b) his parent or guardian; and

(c) the responsible officer.

(7) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—

(a) a copy of the order; and

(b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

(8) Schedule 1A (which makes provision for dealing with failures to comply with youth conference orders and for their revocation and amendment) shall have effect.

36L Monitoring compliance with youth conference orders

(1) The responsible officer must monitor compliance by the offender with the youth conference order.

(2) The Secretary of State may make rules regulating the monitoring by the responsible officer of an offender subject to a youth conference order.

(3) Rules under paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

(4) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions as the responsible officer.”

61 Legal aid for youth conferences N.I.

(1) The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) has effect subject to the following amendments.

(2) After Article 28 insert—

“28A Free legal aid for diversionary youth conferences

(1) Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates’ court.

(2) An application under paragraph (1) shall be made—

(a) by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates’ court; or

(b) if an application under sub-paragraph (a) is refused, in person to a magistrates’ court.

(3) If, on an application made under paragraph (1), it appears to the court that—

(a) the means of the child are insufficient to enable him to obtain legal aid; and

(b) it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference,

the court may grant in respect of him a criminal aid certificate.

(4) A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have—

(a) a solicitor; and

(b) subject to paragraph (5), counsel,

assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36.

(5) Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where—

(a) the offence with respect to which the diversionary youth conference is convened is an indictable offence; and

(b) the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.”

(3) After Article 35 insert—

“35A Court-ordered youth conferences

(1) In this Part references to—

(a) the preparation and conduct of a person’s defence before a court or at a trial;

(b) the preparation and conduct of an appeal; and

(c) resisting an appeal,

include preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).

(2) In Article 29, as it applies by virtue of paragraph (5) of that Article, references to free legal aid to which a person appearing or brought before the Crown Court to be dealt with is entitled include free legal aid in the preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).”

Other provisions N.I.

62 Orders: enforcement etc. N.I.

After Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert the Schedule set out in Schedule 10 to this Act which makes provision about the enforcement etc. of reparation orders, community responsibility orders and youth conference orders.

63 Extension of youth justice system to 17 year olds N.I.

(1) Schedule 11 makes amendments of enactments and instruments for extending the youth justice system to 17 year olds.

(2) The Secretary of State may by order make provision amending any other enactments or instruments (whenever passed or made) for, or in connection with, extending the youth justice system to 17 year olds.

Commencement Information

I8 S. 63 partly in force; s. 63 not in force at Royal Assent see s. 87; s. 63(2) in force and s. 63(1) in force for certain purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch. paras 3, 4

64 Juvenile justice centre orders for 17 year olds N.I.

In Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (juvenile justice centre orders for offences punishable in the case of an adult with imprisonment), after paragraph (3) insert—

“(3A) A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if—

(a) he will not become an adult during the period of the order;

(b) he has not had a custodial sentence imposed on him within the last two years; and

(c) the court, after considering a report made by a probation officer, considers that it is in his best interests to make such an order.”

Prospective

65 Consultation about detention N.I.

In Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment of children convicted of certain grave crimes), after paragraph (2) insert—

“(2A) Before giving a direction under paragraph (1) or (2) in relation to a child who has not attained the age of 14, the Secretary of State must consult the appropriate authority.”

Part 5 N.I. Miscellaneous

Royal Arms and flags N.I.

66 Display of Royal Arms at courts N.I.

(1) The Royal Arms must not be displayed in any courtroom.

(2) But subsection (1) does not prevent the display of the Royal Arms anywhere in—

(a) the courtrooms in the Royal Courts of Justice in Belfast,

(b) the courtrooms in the Courthouse in Armagh,

(c) the courtroom in the Courthouse in Banbridge,

(d) Court No. 1 in the Courthouse in Downpatrick,

(e) the courtrooms in the Courthouse in Magherafelt, or

(f) the courtrooms in the Courthouse in Omagh,

where they were displayed immediately before the coming into force of this section.

(3) The Royal Arms must not be displayed—

(a) on the exterior of an existing court-house, or

(b) in any other place outside an existing court-house which is used for the purposes of the court-house,

unless they were displayed there immediately before the coming into force of this section.

(4) “Existing court-house” means a court-house which is in use before the coming into force of this section.

(5) Any authorisation which would be required for the purpose of complying with this section is to be regarded as having been obtained.

(6) “Authorisation” includes any approval, consent, licence or permission (whether required by any enactment or instrument or otherwise).

Valid from 12/04/2010

67 Flying of flags at court-houses N.I.

(1) In Article 3(1) of the Flags (Northern Ireland) Order 2000 (S.I. 2000/1347 (N.I. 3)) (power to make regulations about the flying of flags at government buildings), insert at the end “and court-houses”.

(2) The Flags Regulations (Northern Ireland) 2000 (S.R. 2000 No. 347) (which were made in the exercise of that power) apply in relation to court-houses as they apply in relation to the government buildings specified in Part 1 of the Schedule to the Regulations (but subject to any amendment which may be made to the Regulations in the further exercise of that power).

Victims of crime N.I.

68 Information about discharge and temporary release of prisoners N.I.

(1) The Secretary of State must make a victim information scheme and may from time to time make a new scheme or alterations to a scheme.

(2) A victim information scheme is a scheme requiring the Secretary of State to make available information about the discharge or temporary release of persons serving sentences of imprisonment in Northern Ireland imposed in respect of the commission of offences (“imprisoned offenders”) to victims of the offences who wish to receive it.

(3) A scheme—

(a) must require that information as to the month in which it is anticipated that an imprisoned offender will be discharged is to be made available under the scheme, and

(b) must require that, unless it is not reasonably practicable to do so, the fact that the temporary release of an imprisoned offender is being considered is to be made available under the scheme.

(4) A scheme may require that other information relating to the discharge and temporary release of imprisoned offenders is to be made available under the scheme including, in cases of a description specified by the scheme or in which the Secretary of State considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released.

(5) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Secretary of State considers it appropriate, a person who is not the actual victim of the offence but was directly affected by it is to be regarded for the purposes of the scheme as a victim of the offence (as well as any actual victim).

(6) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Secretary of State considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of the scheme as a victim of the offence (instead of an actual victim).

(7) A scheme must specify how victims are to indicate that they wish to receive information under the scheme.

(8) The Secretary of State is not required to make information available under a scheme—

(a) if he believes that to do so would adversely affect the well-being of the actual victim of an offence or a person who is regarded for the purposes of the scheme as being a victim of an offence by virtue of subsection (5),

(b) if he believes that to do so would threaten the safety of any person, or

(c) in other circumstances specified by the scheme.

(9) A scheme may make different provision in relation to—

(a) different descriptions of imprisoned offenders, or

(b) imprisoned offenders convicted or sentenced at different times.

(10) “Discharge” includes release—

(a) on licence, or

(b) in pursuance of a grant of remission,

(whether or not subject to conditions); and “discharged” is to be construed accordingly.

69 Views on temporary release N.I.

(1) If a person who is the victim of an offence for the purposes of a scheme under section 68 makes to the Secretary of State representations falling within subsection (2) the Secretary of State has the obligations specified in subsection (3).

(2) Representations fall within this subsection if they are to the effect that the temporary release of a person serving a sentence of imprisonment in Northern Ireland imposed in respect of the commission of the offence would threaten the safety, or otherwise adversely affect the well-being, of—

(a) the actual victim of the offence, or

(b) a person who is regarded for the purposes of the scheme as a victim of the offence by virtue of section 68(5).

(3) The Secretary of State must—

(a) have regard to the representations in deciding whether the person should be temporarily released and, if so, any conditions to which he is to be subject, and

(b) inform the victim of any such decision.

Valid from 14/12/2008

[F55 69A Information about discharge and leave of absence of mentally disordered persons N.I.

(1) The Secretary of State must make a scheme requiring the Secretary of State to make available to persons falling within subsection (2) information about—

(a) the discharge from hospital of, or

(b) the grant of leave of absence from hospital to,

persons in respect of whom relevant determinations have been made.

(2) The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.

(3) A relevant determination is made in respect of a person if—

(a) a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or

(b) a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.

(4) The Secretary of State may from time to time make a new scheme or alterations to a scheme.

(5) The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—

(a) his discharge from hospital, or

(b) the grant of leave of absence from hospital to him.

(6) A condition is relevant for the purposes of subsection (5) if it appears to the Secretary of State that it might affect a victim of an offence in respect of which the determination was made.

(7) A scheme may require the Secretary of State to take all reasonable steps to ascertain whether a person who appears to him to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).

(8) The matters are—

(a) whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;

(b) if so, what conditions.

(9) A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.

(10) A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.

(11) The other information may include, in cases of a description specified by the scheme or in which the Secretary of State considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.

(12) Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.

(13) A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.

Textual Amendments

F55 Ss. 69A, 69B inserted (14.12.2008) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 46(2), 60; S.I. 2008/3065, art. 2

Valid from 14/12/2008

69B Views on leave of absence N.I.

(1) If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Secretary of State representations falling within subsection (2) the Secretary of State has the obligations specified in subsection (3).

(2) Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—

(a) the actual victim of the offence in respect of which the determination was made, or

(b) a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).

(3) The Secretary of State must—

(a) have regard to the representations in deciding whether he should give his consent to leave of absence being granted, and

(b) inform the victim of any such decision.

(4) Section 69A(3) (relevant determination) applies for the purposes of this section.]

Textual Amendments

F55 Ss. 69A, 69B inserted (14.12.2008) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 46(2), 60; S.I. 2008/3065, art. 2

70 Supplementary N.I.

(1) In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—

(a) detained pursuant to directions of the Secretary of State under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), or

(b) detained in a young offenders centre as the result of an order of the Crown Court.

(2) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—

(a) include a person who, in consequence of a restricted transfer from Northern Ireland, is serving part of a sentence of imprisonment in another part of the United Kingdom, but

(b) do not include a person who, in consequence of a restricted transfer from another part of the United Kingdom, is serving part of a sentence of imprisonment in Northern Ireland.

(3) “Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).

Valid from 12/04/2010

Community safety N.I.

71 Community safety strategy N.I.

(1) The Secretary of State must devise a strategy for enhancing community safety in Northern Ireland.

(2) References in this section and section 72 to enhancing community safety in any place are to making the place one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.

(3) The Secretary of State may from time to time devise a new strategy or make alterations to a strategy.

(4) Before devising or making alterations to a strategy the Secretary of State must consult—

(a) the First Minister and deputy First Minister,

(b) the Chief Constable of the Police Service of Northern Ireland, and

(c) the Northern Ireland Policing Board.

(5) The Secretary of State must publish each strategy devised by him and any alterations which he makes to a strategy (or the strategy as altered).

Prospective

F56 72 Local community safety partnerships N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56 S. 72 repealed (1.4.2012) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(3), Sch. 8 Pt. 2; S.R. 2012/142, art. 2(e)

Civil procedure N.I.

Prospective

73 Constitution of Rules Committees N.I.

(1) In section 54(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (membership of [F57 Court of Judicature] Rules Committee), for paragraphs (b) to (f) substitute—

“(b) three judges of the Supreme Court nominated by the Lord Chief Justice;

(c) one Master of the Supreme Court nominated by the Society of Masters;

(d) two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the [F58 Department of Justice];

(e) two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the [F58 Department of Justice]; F59 ...

(f) two persons nominated by the [F58 Department of Justice] who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.

[F60 (g) the Attorney General for Northern Ireland or a barrister or solicitor nominated by the Attorney General for Northern Ireland.”]

(2) In Article 46(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (membership of County Court Rules Committee), for the words from “be appointed” to the end substitute “consist of—

(a) a county court judge nominated by the Lord Chancellor who shall be chairman;

(b) two county court judges nominated by Her Majesty’s Council of County Court Judges;

(c) one district judge nominated by the Association of District Judges;

(d) two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the [F61 Department of Justice];

(e) two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the [F61 Department of Justice];

(f) one [F62 civil servant in the Department of Justice] nominated by [F63 that Department]; and

(g) two persons nominated by the [F61 Department of Justice] who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.”

Textual Amendments

F57 Words in s. 73 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 6; S.I. 2009/1604, art. 2

F58 Words in s. 73(1) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 66(a) (with arts. 28-31)

F59 Word in s. 73(1) omitted (5.7.2011) by virtue of Justice Act (Northern Ireland) 2011 (c. 24), ss. 97(2), 111(3); S.R. 2011/224, art. 2

F60 Words in S. 73(1) inserted (5.7.2011) by Justice Act (Northern Ireland) 2011 (c. 24), ss. 97(2), 111(3); S.R. 2011/224, art. 2

F61 Words in s. 73(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 66(b)(i) (with arts. 28-31)

F62 Words in s. 73(2) substituted (12.4.2010) by The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 9(3) (with arts. 5-7)

F63 Words in s. 73(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 66(b)(ii) (with arts. 28-31)

74 Appeals in small claims cases N.I.

(1) Article 30 of the County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable by district judges) is amended as follows.

(2) In paragraph (4) (cases dealt with by arbitration)—

(a) after sub-paragraph (a) insert—

“(ab) any party may appeal on a question of law to a judge (not being a deputy judge) against any order, decision or determination;,”

(b) in sub-paragraph (b), for the words from “by the High Court,” onwards substitute “ by the Court of Appeal, state for the determination of the Court of Appeal any question of law arising out of an award made by the district judge in dealing with the claim unless an appeal on the question has been brought under sub-paragraph (ab); ”, and

(c) in sub-paragraph (c), for “sub-paragraph (b)” substitute “ sub-paragraphs (ab) and (b) ”.

(3) After paragraph (4) insert—

“(4A) An appeal under paragraph (4)(ab) shall be brought within the period of twenty-one days commencing with the date on which the order, decision or determination was made; and on such an appeal the judge—

(a) has the same powers as the district judge; but

(b) is not required to hold a hearing;

and his decision shall be final.”

75 Time limit for cases stated by county court N.I.

In Article 61(2) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (cases stated by county court judge) for “fourteen days” substitute “ twenty-one days ”.

Legal aid N.I.

Prospective

76 Exceptional legal aid N.I.

F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 S. 76 repealed (2.11.2003) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 (with art. 45); S.R. 2003/440, art. 3, Sch.

77 Proceedings before coroner N.I.

In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (which specifies the proceedings for which legal aid may be given under Article 9 of that Order), omit paragraph 5 (which specifies proceedings before a coroner but which has not been brought into force).

Valid from 01/03/2010

Court Service N.I.

78 Power to abolish Court Service N.I.

(1) The Lord Chancellor may by order make provision for the transfer of the functions of the Court Service and the abolition of the Court Service.

(2) The order may make provision—

(a) for the payment by the Lord Chancellor of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the transfer of functions, or the abolition, of the Court Service, and

(b) for any other incidental, consequential, transitional or supplementary matter which appears to the Lord Chancellor to be appropriate.

(3) The provision made by the order under subsection (2) may include amendments in any enactment or instrument (whenever passed or made), including this Act.

Court security N.I.

79 Duty of Court Service to ensure court security N.I.

(1) The Court Service must take all reasonable steps to ensure the security of every relevant court-house (including every courtroom contained in it) and the safety of everyone who is there.

(2) To comply with that duty the Court Service must secure that there are provided at every relevant court-house an appropriate number of court security officers.

(3) For the purposes of this section and sections 80 and 81 the following are court security officers—

(a) members of staff of the Court Service designated as court security officers, and

(b) persons employed as court security officers in pursuance of arrangements made with their employers by the Court Service under section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23).

(4) A court-house is a relevant court-house for the purposes of this section and section 80 if—

(a) the Court of Appeal,

(b) the High Court,

(c) the Crown Court,

(d) a county court,

(e) a coroner’s court, or

(f) a magistrates’ court,

sits there.

80 Powers and duties of court security officers N.I.

(1) A court security officer acting in the execution of his duty has power to —

(a) search any person who is in, or is seeking to enter, a relevant court-house and any article in the possession of any such person,

(b) exclude or remove from a relevant court-house any person who refuses to permit such a search, or refuses to surrender any article in his possession which the officer reasonably believes may jeopardise the maintenance of order in the court-house, or

(c) exclude or remove any person from, or restrain any person in, a relevant court-house where it is reasonably necessary to do so in order to maintain order in the court-house, to enable court business to be carried on without interference or delay or to secure his or any other person’s safety.

(2) The power conferred by subsection (1)(a) to search a person does not authorise a court security officer to require a person to remove any of his clothing other than an outer coat, jacket, gloves or hat.

(3) The powers conferred by subsection (1)(b) and (c) include power to use reasonable force, where necessary.

(4) In the execution of his duty in any court-house, a court security officer must act in accordance with any general or specific instructions which have been given to him (whether orally or in writing) by a person in authority.

(5) “Person in authority” means—

(a) a judge, coroner or magistrate who is exercising any functions in the court-house, or

(b) any officer or other member of staff of the Court Service authorised to give him instructions.

(6) A court security officer is not to be regarded as acting in the execution of his duty at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

(7) Every court security officer is to be regarded as an officer of the court for the purposes of—

(a) Article 55 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)),

(b) section 34 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)), and

(c) Article 160 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)),

(which provide for the detention by court officers, and punishment, of persons misbehaving in court).

81 Protection of court security officers N.I.

(1) A person who assaults a court security officer acting in the execution of his duty commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

(3) A person who resists or intentionally obstructs a court security officer acting in the execution of his duty commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Part 6 U.K. Supplementary

Valid from 01/03/2010

82 Excepted matters: judicial office-holders N.I.

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), in paragraph 11 (appointment and removal of holders of certain judicial offices)—

(a) for “appointment and removal” substitute “ determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) ”, and

(b) for “, the Chief and other Child Support Commissioners for Northern Ireland and the President and other members of the Lands Tribunal for Northern Ireland” substitute “ and the Chief and other Child Support Commissioners for Northern Ireland ”.

Valid from 01/03/2010

83 Reserved matters: new institutions N.I.

In Schedule 3 to the Northern Ireland Act 1998 (reserved matters)—

(a) in paragraph 9, after sub-paragraph (g) insert—

“(h) local community safety partnerships.”

(b) after paragraph 9 insert—

The Chief Inspector of Criminal Justice in Northern Ireland.”,

and

(c) after paragraph 15 insert—

The Northern Ireland Law Commission.”

84 Assembly Acts about judiciary, law officers and prosecutions N.I.

(1) In section 7(1) of the Northern Ireland Act 1998 (entrenched enactments), insert at the end “and

(d) section 1 and section 84 of the Justice (Northern Ireland) Act 2002.”

(2) A Bill containing any provision which deals (otherwise than incidentally) with—

(a) appointment to, or removal from, a protected judicial office (including the subject matter of section 19),

(b) the subject matter of section 12(1), or

(c) the subject matter of Part 2,

may not be passed by the Assembly without cross-community support.

(3) “Cross-community support” has the meaning given by section 4(5) of the Northern Ireland Act 1998 (c. 47).

(4) “Passed”, in relation to a Bill, means passed at the final stage (at which the Bill can be passed or rejected but not amended).

Commencement Information

I9 S. 84 partly in force; s. 84 not in force at Royal Assent, see s. 87; s. 84(1) in force at 16.4.2007 by S.R. 2007/237, art. 2, Sch.

85 Minor and consequential amendments N.I.

(1) Schedule 12 makes minor and consequential amendments in enactments and instruments.

(2) The Secretary of State may by order make in any other enactment or instrument (whenever passed or made) such amendments as appear to him to be appropriate in consequence of any provision made by Part 4.

Commencement Information

I10 S. 85 partly in force: s. 85 not in force at Royal Assent see s. 87; s. 85(1) in force at 15.10.2002 for certain purposes by S.R. 2002/319, art. 2, Sch.; s. 85 in force for certain further purposes at 1.11.2003 by S.R. 2003/416, art. 3, s. 85(1) in force for certain further purposes and s. 85(2) in force at 1.12.2003 by S.R. 2003/488, art. 2, Sch.; s. 85(1) in force for certain further purposes at 1.9.2004 by S.R. 2004/301, art. 2; s. 85(1) in force for certain further purposes at 1.1.2005 by S.R. 2004/502, art. 2; s. 85(1) in force for certain further purposes at 13.6.2005 by S.R. 2005/281, art. 2, Sch. 1; s. 85(1) in force for certain further purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch.; s. 85(1) in force for certain further purposes at 3.4.2006 by S.R. 2006/124, art. 2, Sch.

86 Repeals and revocations N.I.

Schedule 13 makes repeals and revocations.

Commencement Information

I11 S. 86 partly in force: s. 86 not in force at Royal Assent see s. 87: s. 86 in force at 15.10.2002 for certain purposes by S.R. 2002/319, art. 2, Sch.; s. 86 in force for certain further purposes at 1.10.2003 by S.R. 2003/416, art. 2; s. 86 in force for certain further purposes at 1.12.2003 by S.R. 2003/488, art. 2, Sch.; s. 86 in force for certain further purposes at 1.4.2005 by S.R. 2005/109, art. 2, Sch.; s. 86 in force for certain further purposes at 13.6.2005 and 15.6.2005 by S.R. 2005/281, arts. 2(1), 3, Sch. 1 para. 12, Sch. 2 para. 4; s. 86 in force for certain further purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch.; s. 86 in force for certain further purposes at 3.4.2006 by S.R. 2006/124, art. 2, Sch.

87 Commencement U.K.

(1) The preceding provisions of this Act (with the Schedules) shall not come into force until such day as the Secretary of State may by order appoint.

(2) An order may appoint different days for different purposes.

Subordinate Legislation Made

P1 S. 87 power partly exercised: 15.10.2002 appointed for specified provisions by S.R. 2002/319, art. 2; 6.1.2003 appointed for specified provisions by S.R. 2002/405, art. 2; 26.5.2003 appointed for specified provisions by {S.R. 2003/265}, art. 2; 1.10.2003, 1.11.2003 and 19.4.2004 appointed for specified provisions and purposes by {S.R. 2003/416}, arts. 2-4; 1.12.2003 and 18.12.2003 appointed for specified provisions and purposes by {S.R. 2003/488}, arts. 2, 3, Sch.; 1.9.2004 appointed for specified provisions and purposes by {S.R. 2004/301}, art. 2; 1.1.2005 appointed for specified provisions and purposes by {S.R. 2004/502}, art. 2; 1.4.2005 appointed for specified provisions and purposes by {S.R. 2005/109}, art. 2, Sch.; different dates appointed for specified provisions and purposes by {S.R. 2005/281}, arts. 2-5, Schs. 1, 2; 30.8.2005 appointed for specified provisions and purposes by {S.R. 2005/391}, art. 2, Sch.; 3.4.2006 appointed for specified provisions and purposes by {S.R. 2006/124}, art. 2, Sch.; 16.4.2007 appointed for specified provisions and purposes by {S.R. 2007/237}, art. 2, Sch.

88 Interpretation U.K.

In this Act (unless the context otherwise requires)—

• “amendment” includes repeal or revocation and “amend” is to be construed accordingly,

• “coroner” and “deputy coroner” mean a coroner and deputy coroner appointed under section 2 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)),

• “county court judge” means a judge appointed under section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))and “deputy county court judge” means a deputy judge appointed under section 107 of that Act,

• “the Court Service” means the Northern Ireland Court Service,

• “enactment” includes any provision of Northern Ireland legislation,

• “listed judicial office” and “protected judicial office” have the meanings given by section 2(5),

• “Lord Chief Justice” means the Lord Chief Justice of Northern Ireland, and

• “Lord Justice of Appeal” means a person styled as such under section 3 of the Judicature (Northern Ireland) Act 1978 (c. 23).

89 Transitionals and savings U.K.

(1) The Secretary of State may by order make any transitional provisions or savings which appear appropriate in connection with the coming into force of any provision of this Act.

(2) The persons who, immediately before the date on which section 30 comes into force, hold the offices of Director of Public Prosecutions for Northern Ireland and Deputy Director of Public Prosecutions for Northern Ireland under the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) shall be treated as if—

(a) they had been appointed to those offices under that section on that date, and

(b) the Secretary of State had made a determination under subsection (9) of that section for the making of payments to or in respect of them on and after that date on the same terms as that on which payments were so made immediately before that date.

(3) An order under subsection (1) may include provision for the transfer to the staff of the Public Prosecution Service for Northern Ireland of such persons employed by any authority wholly or mainly in connection with the exercise of functions relating to the prosecution of offences as are specified in the order.

(4) If on the coming into force of subsection (1) of section 31 it is not reasonably practicable for the Director to take over the conduct of all proceedings of the description specified in that subsection, he is under a duty to take over the conduct of only such proceedings of that description as it is reasonably practicable for him to conduct until the earlier of—

(a) the time when it is first reasonably practicable for him to take over the conduct of all proceedings of that description, and

(b) the end of the period of five years beginning with the day on which that subsection comes into force.

(5) If section 35 comes into force before section 10, the reference in subsection (2) of section 35 to a lay magistrate has effect, until section 10 comes into force, as a reference to a justice of the peace.

(6) If section 44 comes into force before section 41, subsection (1)(d) of section 44 has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

(7) If sections 45 to 49 come into force before section 29, the references in those sections to the Public Prosecution Service for Northern Ireland have effect, until that section comes into force, as references to the Office of the Director of Public Prosecutions for Northern Ireland.

(8) No order may be made under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) in relation to an offence committed before the coming into force of section 54; and no order may be made under Article 36E of that Order in relation to an offence committed before the coming into force of section 55.

(9) If section 56 comes into force before section 10, the references in Articles 44D(5) and 44F(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 56) to a lay magistrate have effect, until section 10 comes into force, as references to a justice of the peace.

(10) No reference may be made under Article 10A of the Criminal Justice (Children) (Northern Ireland) Order 1998 in relation to an offence committed before the coming into force of section 58; and no reference may be made under Article 33A of that Order in relation to an offence committed before the coming into force of section 59.

(11) If section 58 comes into force before section 41, paragraph (5)(d) of Article 10B of the Criminal Justice (Children) (Northern Ireland) Order 1998 (inserted by section 58) has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

90 Statutory rules U.K.

(1) Any power of—

(a) the Lord Chancellor,

(b) the Secretary of State, or

(c) the First Minister and deputy First Minister,

to make an order or a scheme (or alterations to a scheme) under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2) F65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) No order containing (whether or not together with other provision) provision made by virtue of section [F66 2(2)(b),]9(4), 19(4)(b), 46(6)(a) or (b), 72(1), (3), (7) or (8) or 78 shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) The following instruments—

(a) an order under section [F67 2(2)(a) or (c),] 10(4), 12(3), 19(4)(a) or (c), 28(2), 46(6)(c), 63(2), 72(2) or 85(2), Schedule 4 or paragraph 7(3) of Schedule 8, and

(b) a scheme (or alterations to a scheme) under section 68,

shall, unless a draft has been approved by a resolution of each House of Parliament, be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.

Textual Amendments

F65 S. 90(2)(3) repealed (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 18, 19(1), Sch. 1 para. 4(2) {Sch. 4}; S.R. 2005/282, art. 3

F66 Words in s. 90(4) inserted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 4(3); S.R. 2005/282, art. 3

F67 Words in s. 90(5)(a) inserted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 4(4); S.R. 2005/282, art. 3

91 Extent U.K.

(1) Subject as follows, the preceding provisions of this Act (with the Schedules) extend to Northern Ireland only.

(2) Subsection (1) does not apply to any of the following provisions—

(a) section 10(6) and paragraphs 5 and 6 of Schedule 4,

(b) section 22(1), and

(c) section 27(1),

and sections 87 to 90 so far as relating to those provisions.

(3) Any amendment made by this Act, apart from the repeal of sections 4 and 6 of the Promissory Oaths Act 1868 (c. 72), has the same extent as the provision to which it relates.

92 Financial provision U.K.

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

93 Short title U.K.

This Act may be cited as the Justice (Northern Ireland) Act 2002.

SCHEDULES

Section 2

SCHEDULE 1 N.I. Listed judicial offices

• Judge of the High Court

• Temporary judge of the High Court under section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23)

• County court judge

• Deputy county court judge

• Resident magistrate

• Deputy resident magistrate

• Coroner

• Deputy coroner

• Statutory officer (within the meaning of section 70(1) of the Judicature (Northern Ireland) Act 1978)

• Deputy for a statutory officer under section 74 of that Act

• Temporary additional statutory officer under that section

• Chief Social Security Commissioner for Northern Ireland

• Social Security Commissioner for Northern Ireland

• Deputy Social Security Commissioner for Northern Ireland

• Chief Child Support Commissioner for Northern Ireland

• Child Support Commissioner for Northern Ireland

• Deputy Child Support Commissioner for Northern Ireland

• President of appeal tribunals (within the meaning of Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)))

• Member of the panel of persons to act as members of such appeal tribunals

• [F68 Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9))]

• [F69 Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))]

• President of the Industrial Tribunals and the Fair Employment Tribunal

• Acting President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 12))

• Vice-President of the Industrial Tribunals and the Fair Employment Tribunal

• Acting Vice-President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998

• [F70 Member of the panel of chairmen of the Industrial Tribunals]

• Member of the panel of chairmen of the Fair Employment Tribunal

• President of the Lands Tribunal for Northern Ireland

• Deputy President of the Lands Tribunal for Northern Ireland under section 3(1) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

• Other member of the Lands Tribunal for Northern Ireland

• Temporary member of the Lands Tribunal for Northern Ireland under section 3(2) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964

• President of the Special Educational Needs [F71 and Disability] for Northern Ireland

• Member of the panel of persons who may serve as chairman of that Tribunal

• Member of the tribunal established under section 91 of the Northern Ireland Act 1998 (c. 47)

• Member of the Mental Health Review Tribunal for Northern Ireland

• Lay magistrate

• [F72 Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269)

• Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland

• Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

• President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

• Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985)

• Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland

• Member of the panel of chairmen of VAT tribunals for Northern Ireland

• General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970)]

• [F73 President of the Northern Ireland Valuation Tribunal

• Member of the Northern Ireland Valuation Tribunal]

Textual Amendments

F68 Sch. 1: entry substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 122(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F69 Sch. 1: entry inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 122(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F70 Sch. 1: entry inserted (31.8.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 122(4); S.I. 2005/2284, art. 2

F71 Sch. 1: words in entry inserted (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 50(1), Sch. 5 para. 10; S.R. 2005/336, art. 2, Sch.

F72 Sch. 1: entries inserted (3.4.2006 for certain purposes and 15.6.2006 for certain further purposes) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 122(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12; S.I. 2006/1537, art. 2

F73 Sch. 1: entries inserted (18.12.2006) by The Justice (Northern Ireland) Act 2002 (Addition of Listed Judicial Offices etc.) Order 2006 (S.R. 2006/469), art. 2

Section 3

SCHEDULE 2 N.I. Judicial Appointments Commission

Members’ tenure N.I.

1 [F74 (1) Subject as follows, a judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(1A) A person may not be appointed as a judicial member for more than five years at a time; and the aggregate period for which a person may be a judicial member by virtue of his holding any one of the judicial offices mentioned in section 3(6) must not exceed ten years.]

(2) The [F75 Lord Chancellor], acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice.

(3) A judicial member may resign by notice in writing to the [F76 Lord Chancellor].

Textual Amendments

F74 Sch. 2 para. 1(1)(1A) substituted (15.6.2005) for Sch. 2 para. 1(1) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 2(2), 19(1); S.R. 2005/282, art. 3

F75 Words in Sch. 2 para. 1(2) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(2); S.R. 2005/282, art. 3

F76 Words in Sch. 2 para. 1(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(3); S.R. 2005/282, art. 3

2 (1) Subject as follows, a non-judicial member of the Commission holds office for the period specified in his appointment (or re-appointment). N.I.

(2) A person may not be appointed as a non-judicial member for more than five years at a time; and the aggregate period for which a person may be a non-judicial member must not exceed ten years.

(3) A non-judicial member may resign by notice in writing to the [F77 Lord Chancellor].

(4) The [F78 Lord Chancellor] may dismiss a non-judicial member if satisfied that—

(a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) he is otherwise unable or unfit to exercise his functions.

Textual Amendments

F77 Words in Sch. 2 para. 2(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(4); S.R. 2005/282, art. 3

F78 Words in Sch. 2 para. 2(4) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(5); S.R. 2005/282, art. 3

Salary etc. of non-judicial members N.I.

3 The Commission must pay to or in respect of each non-judicial member of the Commission any such salary or allowances as the [F79 Lord Chancellor] may determine.

Textual Amendments

F79 Words in Sch. 2 para. 3 substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(6); S.R. 2005/282, art. 3

Staff N.I.

4 (1) The Commission may employ staff, but subject to the approval of the [F80 Lord Chancellor] as to—

(a) numbers,

(b) salary, and

(c) other terms of employment.

(2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

(a) the civil service of the United Kingdom,

(b) the civil service of Northern Ireland, or

(c) the Court Service,

as it considers appropriate for or in connection with the exercise of its functions.

[F81 (3) Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply: and, accordingly, in Schedule 1 to that Act (employments, etc, to which section 1 can apply), at the appropriate place in the list of “Royal Commissions and other Commissions” insert— Northern Ireland Judicial Appointments Commission.]

Textual Amendments

F80 Words in Sch. 2 para. 4(1) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(7); S.R. 2005/282, art. 3

F81 Sch. 2 para. 4(3) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(8); S.R. 2005/282, art. 3

Annual report N.I.

5 (1) The Commission must, as soon as possible after the end of each financial year, prepare a report on how it has exercised its functions during the financial year.

(2) Each annual report must include information about the persons who have applied to be, and the persons who have been, selected to be appointed or recommended for appointment by the Commission during the financial year to which it relates.

(3) The information to be included about any persons in an annual report must include information about their gender, age, ethnic origins and community background and the part of Northern Ireland (if any) with which they regard themselves as being most closely associated.

(4) But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained.

(5) The Commission must send a copy of each annual report to the [F82 Lord Chancellor].

(6) The [F83 Lord Chancellor must lay before each House of Parliament] a copy of each annual report received by [F84 him] under sub-paragraph (5).

(7) After a copy of a report has been laid before [F85 each House of Parliament], the Commission must arrange for it to be published.

(8) In this paragraph “financial year” means—

(a) the period beginning with the day on which section 3 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Textual Amendments

F82 Words in Sch. 2 para. 5(5) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(9); S.R. 2005/282, art. 3

F83 Words in Sch. 2 para. 5(6) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(10); S.R. 2005/282, art. 3

F84 Words in Sch. 2 para. 5(6) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(10); S.R. 2005/282, art. 3

F85 Words in Sch. 2 para. 5(7) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(11); S.R. 2005/282, art. 3

Financial provisions N.I.

6 The [F86 Lord Chancellor] may make grants to the Commission.

Textual Amendments

F86 Words in Sch. 2 para. 6 substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(12); S.R. 2005/282, art. 3

7 (1) The Commission must— N.I.

(a) keep proper accounts and proper financial records, and

(b) prepare in respect of each financial year a statement of accounts.

(2) The statement of accounts must—

(a) contain such information, and

(b) be in such form,

as the [F87 Lord Chancellor directs].

[F88 (3) The Commission must send copies of the statement of accounts relating to a financial year to—

(a) the Lord Chancellor, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year as the Lord Chancellor directs.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) lay a copy of the statement of accounts and of his report on it before each House of Parliament.]

Textual Amendments

F87 Words in Sch. 2 para. 7(2) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(13); S.R. 2005/282, art. 3

F88 Sch. 2 para. 7(3)(4) substituted (15.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 1, 19(1), Sch. 1 para. 5(14); S.R. 2005/282, art. 3

Committees and sub-committees N.I.

8 (1) The Commission may establish committees.

(2) Any committee of the Commission may establish sub-committees.

(3) A committee or sub-committee may consist of or include persons who are not members of the Commission.

(4) The Commission may pay to or in respect of any member of a committee or sub-committee who is neither a member of the Commission nor a member of staff of the Commission any such salary or allowances as the Commission may determine.

Proceedings N.I.

9 The Commission may regulate—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of its committees and their sub-committees.

10 N.I. The validity of any proceedings of the Commission, or of any of its committees or their sub-committees, is not affected by—

(a) any vacancy amongst the members, or

(b) any defect in the appointment of a member.

Delegation N.I.

11 (1) The Commission may delegate any of its functions (to such extent as it determines) to any of its committees.

(2) A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee.

12 N.I. If the function of selecting a person for appointment, or recommendation for appointment, to an office is delegated to a committee or sub-committee, the committee or sub-committee must include a member of the Commission and, unless he is a lay member, a person who is eligible to be a lay member.

Miscellaneous N.I.

13 (1) The Commission is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

14 N.I. The Commission may do anything, apart from borrowing money, which it considers is—

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

15 N.I. The application of the seal of the Commission is to be authenticated by the signature of any member, or member of staff, of the Commission who has been authorised (whether generally or specially) for the purpose.

16 N.I. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.

17 N.I. A document purporting to be—

(a) duly executed by the Commission under its seal, or

(b) signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification N.I.

18 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

19 N.I. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

Freedom of information N.I.

20 In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

Valid from 12/04/2010

Section 5

SCHEDULE 3 N.I. Appointment to listed judicial offices

Temporary High Court judges N.I.

1 In section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23) (appointment of temporary High Court judges)—

(a) for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”, and

(b) for “he may” substitute “ they may, acting jointly, ”.

County court judges and deputy county court judges N.I.

2 The County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) has effect subject to the following amendments.

3 N.I. In section 102(1) (appointment of county court judges), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly ”.

4 (1) Section 107 (deputy county court judges) is amended as follows. N.I.

(2) In subsection (1), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In subsection (3)—

(a) for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”, and

(b) for “he thinks” substitute “ they think ”.

5 N.I. In section 134 (evidence of health of person recommended for appointment as county court judge), for “Lord Chancellor shall take steps to satisfy himself” substitute “ First Minister and deputy First Minister shall take steps to satisfy themselves ”.

6 N.I. After section 136 insert—

“136A Charges on Northern Ireland Consolidated Fund

There shall be charged on and paid out of the Consolidated Fund of Northern Ireland the salaries payable to judges under section one hundred and six.”

Prospective

Resident magistrates and deputy resident magistrates N.I.

7 The Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) has effect subject to the following amendments.

Prospective

8 N.I. In section 9(1) (appointment of resident magistrates), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly ”.

Prospective

9 N.I. In section 10(1) (appointment of deputy resident magistrates)—

(a) for “The Lord Chancellor” substitute “ The First Minister and deputy First Minister, acting jointly, ”,

(b) for “the Lord Chancellor”, in the first place, substitute “ they ”, and

(c) for the words from “such conditions” to the end substitute—

“(a) such terms and conditions relating to removal from office as the First Minister and deputy First Minister, acting jointly, may determine; and

(b) such other terms and conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine.”

Prospective

10 N.I. In section 168(2) (payment of salaries), for “the United Kingdom” substitute “ Northern Ireland ”.

Prospective

Coroners and deputy coroners N.I.

11 The Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect subject to the following amendments.

Prospective

12 N.I. In section 1 (administration of matters relating to coroners), for “The Lord Chancellor” substitute “ Subject to the provisions of this Act, the First Minister and deputy First Minister, acting jointly, ”.

Prospective

13 N.I. For section 2(1) substitute—

“(1) The First Minister and deputy First Minister, acting jointly, may appoint one, or more than one, coroner and deputy coroner—

(a) for such district or districts and on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and

(b) on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor, after consultation with the Treasury, may determine;

and the Lord Chancellor may, in exercise of his powers under section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23), appoint coroner’s officers and other officers to assist such coroners.”

Prospective

14 N.I. In section 3 (power to amalgamate coroners’ districts), for “Lord Chancellor, as from such date as he” substitute “ First Minister and deputy First Minister, acting jointly, as from such date as they ”.

Prospective

15 N.I. In section 6(2) (inability or failure of coroner to discharge duties)—

(a) for “Lord Chancellor may in writing” substitute “ First Minister and deputy First Minister, acting jointly, may in writing ”, and

(b) for “the Lord Chancellor may specify” substitute “ they may specify ”.

Prospective

Statutory officers and deputies and temporary appointments N.I.

16 The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

Prospective

17 (1) Section 70 (appointment of statutory officers) is amended as follows. N.I.

(2) For subsection (1) substitute—

“(1) Appointments to the offices listed in column 1 of Schedule 3 shall be made by the First Minister and deputy First Minister, acting jointly, after consultation with the Lord Chief Justice—

(a) on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and

(b) on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine with the concurrence of the Treasury;

and persons holding such offices are in this Act referred to as “statutory officers”.”

(3) In subsection (3)—

(a) for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”,

(b) for “he may” substitute “ they may jointly ”, and

(c) for “he considers” substitute “ they consider ”.

(4) In subsection (5), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(5) In subsection (6), for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

Prospective

18 (1) Section 74 (deputies and temporary appointments) is amended as follows. N.I.

(2) In subsection (1)—

(a) for “to the Lord Chancellor” substitute “ to the First Minister and deputy First Minister ”,

(b) for “he” substitute “ they, acting jointly, ”,

(c) for “as the Lord Chancellor” substitute “ as they ”, and

(d) for “thinks” substitute “ think ”.

(3) In subsection (3), for “Lord Chancellor otherwise directs” substitute “ First Minister and deputy First Minister, acting jointly, otherwise direct ”.

Prospective

Chief Social Security Commissioner, Social Security Commissioners and deputy Social Security Commissioners for Northern Ireland N.I.

19 (1) Section 50 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (appointment of Social Security Commissioners for Northern Ireland) is amended as follows.

(2) In subsection (1)—

(a) after “time to time” insert “ , on the recommendation of the First Minister and deputy First Minister, acting jointly, ”, and

(b) for the words from “such number” to the end substitute “ other Social Security Commissioners. ”

(3) In subsection (2)—

(a) for “Lord Chancellor considers” substitute “ First Minister and deputy First Minister consider ”,

(b) for “he should” substitute “ they should ”,

(c) for “he may” substitute “ they may jointly ”, and

(d) for “Lord Chancellor thinks” substitute “ First Minister and deputy First Minister think ”.

Prospective

Chief Child Support Commissioner, Child Support Commissioners and deputy Child Support Commissioners for Northern Ireland N.I.

20 The Child Support Act 1991 (c. 48) has effect subject to the following amendments.

Prospective

21 N.I. In section 23(1) (appointment of Child Support Commissioners for Northern Ireland)—

(a) after “time to time” insert “ , on the recommendation of the First Minister and deputy First Minister, acting jointly, ”, and

(b) for the words from “such number” to the end substitute “ other Child Support Commissioners. ”

Prospective

22 In paragraph 8(d) of Schedule 4 (application of provisions relating to Child Support Commissioners to Northern Ireland)—

(a) before paragraph (i) insert—

“(ai) in sub-paragraph (1), for “Lord Chancellor” there were substituted “First Minister and deputy First Minister, acting jointly,”;”,

and

(b) after paragraph (i) insert—

“(ia) in paragraph (b) of sub-paragraph (2), for “Lord Chancellor thinks” there were substituted “First Minister and deputy First Minister think”;”

Prospective

President and members of appeal tribunals N.I.

23 The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) has effect subject to the following amendments.

Prospective

24 N.I. In Article 6(1) (appointment of the President of appeal tribunals), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

Prospective

25 (1) Article 7 (appointment of panel of persons to act as members of appeal tribunals) is amended as follows. N.I.

(2) In paragraph (1), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In paragraph (2), for “Lord Chancellor thinks” substitute “ First Minister and deputy First Minister think ”.

(4) In paragraph (3), for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

(5) In paragraph (4), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

Prospective

Chairmen of Social Care Tribunals in Northern Ireland N.I.

26 F89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89 Sch. 3 para. 26 repealed (1.4.2005) by The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(2), Sch. 5; S.R. 2005/44, art. 3, Sch. 1

Prospective

27 N.I. F90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F90 Sch. 3 para. 27 repealed (1.4.2005) by The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(2), Sch. 5; S.R. 2005/44, art. 3, Sch. 1

Prospective

28 N.I. F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Sch. 3 para. 28 repealed (1.4.2005) by The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)), arts. 1(3), 50(2), Sch. 5; S.R. 2005/44, art. 3, Sch. 1

Prospective

President and Vice President of the Industrial Tribunals and the Fair Employment Tribunal and chairmen of the Fair Employment Tribunal N.I.

29 (1) Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) (appointment of President and Vice-President of the Industrial Tribunals and the Fair Employment Tribunal and of chairmen of the Fair Employment Tribunal) is amended as follows.

(2) In paragraph (1), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In paragraph (3), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(4) In paragraph (6), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly ”.

Prospective

30 N.I. The Fair Employment Tribunal Regulations (Northern Ireland) 1989 (S.R. 1989 No. 444) have effect subject to the following amendments.

Prospective

31 N.I. In regulation 2(2), in the definitions of “the President” and “the Vice-President”, for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

Prospective

32 N.I. In regulation 4(1) (resignation of chairmen of the Fair Employment Tribunal for Northern Ireland), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

Prospective

33 N.I. In regulation 2(2) of the Fair Employment Tribunal (Rules of Procedure) Regulations 1989 (S.R. 1989 No. 445), in the definitions of “the President” and “Vice-President”, for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

Prospective

President and other members of the Lands Tribunal for Northern Ireland N.I.

34 The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) has effect subject to the following amendments.

Prospective

35 N.I. In section 1(2) (appointment of President and other members), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly ”.

Prospective

36 N.I. In section 3(1) and (2) (appointment of deputy President and temporary members), for “Governor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

Prospective

President and chairmen of Special Educational Needs Tribunal for Northern Ireland N.I.

37 (1) Article 22 of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) (appointment of President and chairmen of Special Educational Needs Tribunal for Northern Ireland) is amended as follows.

(2) In paragraph (2)—

(a) for “Lord Chancellor;” substitute “ First Minister and deputy First Minister, acting jointly; ”, and

(b) for “Lord Chancellor of” substitute “ First Minister and deputy First Minister, acting jointly, of ”.

(3) In paragraph (3)(a), for “Lord Chancellor considers” substitute “ First Minister and deputy First Minister consider ”.

(4) In paragraph (4)(b), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

Prospective

Members of tribunal established under section 91 of the Northern Ireland Act 1998 N.I.

38 (1) Schedule 11 to the Northern Ireland Act 1998 (c. 47) (tribunal established under section 91 of that Act) is amended as follows.

(2) In paragraph 2(1), for “Lord Chancellor as he” substitute “ First Minister and deputy First Minister, acting jointly, as they ”.

(3) In paragraph 2(3), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(4) In paragraph 3(1), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(5) In paragraph 3(4), for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(6) In paragraph 4—

(a) for “Lord Chancellor” (in each place) substitute “ First Minister and deputy First Minister ”,

(b) for “he may determine” (in each place) substitute “ they may determine ”,

(c) in sub-paragraph (2), for “he thinks fit” substitute “ they think fit ”, and

(d) in sub-paragraph (3), for “he may pay” substitute “ they may pay ”.

Prospective

Members of the Mental Health Review Tribunal for Northern Ireland N.I.

39 (1) Schedule 3 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (Mental Health Review Tribunal for Northern Ireland) is amended as follows.

(2) In paragraph 1—

(a) for “appointed by the Lord Chancellor” (in each place) substitute “ appointed by the First Minister and deputy First Minister, acting jointly, ”, and

(b) for “Lord Chancellor considers” (in both places) substitute “ First Minister and deputy First Minister consider ”.

(3) In paragraph 2, for “Lord Chancellor” substitute “ Office of the First Minister and deputy First Minister ”.

(4) In paragraph 3, for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

Prospective

Lay magistrates N.I.

40 This Act has effect subject to the following amendments.

Prospective

41 (1) Section 9 is amended as follows. N.I.

(2) In subsections (1), (3) and (4), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In subsection (2), for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”.

(4) In subsection (5), for “Lord Chancellor otherwise determines” substitute “ First Minister and deputy First Minister, acting jointly, otherwise determine ”.

(5) In subsection (11)—

(a) for “Lord Chancellor” substitute “ First Minister and deputy First Minister ”, and

(b) for “he may” substitute “ they may jointly ”.

Prospective

42 (1) Section 90 is amended as follows. N.I.

(2) In subsection (2), after “2(2)(b)” insert “ or 9(4) ”.

(3) In subsection (4), omit “9(4),”.

[F92 SCHEDULE 3A N.I. The Northern Ireland Judicial Appointments Ombudsman

Textual Amendments

F92 Sch. 3A inserted (25.9.2006) by Constitutional Reform Act 2005 (c. 4), ss. 124, 148, Sch. 15; S.I. 2006/1537, art. 3

The Ombudsman N.I.

1 (1) A person must not be appointed as the Ombudsman if any of these sub-paragraphs applies—

(a) he is employed in the civil service of the State;

(b) he is a member of the House of Commons;

(c) he is a member of the Northern Ireland Assembly;

(d) he is engaged in political activity as a member of a political party;

(e) he has ever been any of these—

(i) a practising barrister in England and Wales;

(ii) a practising solicitor of the Supreme Court of England and Wales;

(iii) a practising advocate in Scotland;

(iv) a practising solicitor in Scotland;

(v) a practising member of the Bar of Northern Ireland;

(vi) a practising solicitor of the Supreme Court of Judicature of Northern Ireland;

(vii) the holder of a listed judicial office.

(2) Before recommending a person for appointment as the Ombudsman the Lord Chancellor must consider—

(a) whether the person has exercised functions that appear to the Lord Chancellor to be of a judicial nature and such as to make the person inappropriate for the appointment;

(b) whether any past service in a capacity mentioned in sub-paragraph (3) appears to the Lord Chancellor to make the person inappropriate for the appointment.

(3) The service referred to in subsection (2)(b) is service as any of these—

(a) a Commissioner;

(b) a member of staff of the Commission;

(c) a person employed in the civil service of the State.

2 (1) In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3).

(2) A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—

(a) practising as such,

(b) employed to give legal advice, or

(c) providing legal advice under a contract for services.

(3) A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Supreme Court of Judicature of Northern Ireland is practising if he is—

(a) acting as such,

(b) employed to give legal advice, or

(c) providing legal advice under a contract for services.

Term of office etc. of Ombudsman N.I.

3 (1) The Ombudsman must be appointed for a fixed period. N.I.

(2) But an appointment is subject to paragraphs 4 and 5.

4 N.I. A person—

(a) may not be appointed as the Ombudsman for more than 5 years at a time, and

(b) may not hold office as the Ombudsman for periods (whether or not consecutive) totalling more than 10 years.

5 (1) The Ombudsman may at any time— N.I.

(a) resign his office by notice in writing addressed to Her Majesty;

(b) be removed from office by the Lord Chancellor.

(2) The Lord Chancellor may not remove the Ombudsman from office unless he is satisfied that the Ombudsman—

(a) has become disqualified for appointment under paragraph 1(1),

(b) has ceased to be appropriate for the appointment because of considerations listed in paragraph 1(2),

(c) has, within the preceding nine months, failed to discharge the functions of his office for a continuous period of at least six months,

(d) has been convicted of an offence,

(e) is an undischarged bankrupt, or

(f) is otherwise unfit to hold his office or unable to discharge its functions.

Salary, allowances and expenses N.I.

6 (1) The Lord Chancellor may— N.I.

(a) pay to the Ombudsman such remuneration, fees or expenses as the Lord Chancellor may determine;

(b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been the Ombudsman.

(2) If—

(a) the Ombudsman ceases to hold office other than on the expiry of his term of appointment, and

(b) it appears to the Lord Chancellor that there are special circumstances that would warrant the payment of compensation to him,

the Lord Chancellor may make to or in respect of him a payment of such amount as the Lord Chancellor may determine.

Acting Ombudsman N.I.

7 (1) The Lord Chancellor may appoint a person to exercise the functions of the Ombudsman if— N.I.

(a) the Ombudsman's office becomes vacant,

(b) the Lord Chancellor determines that the Ombudsman is incapable of exercising his functions, or

(c) the Ombudsman notifies the Lord Chancellor that it would be inappropriate for him to exercise any of his functions in connection with a particular matter because of a possible conflict of interests or for any other reason.

(2) But a person may be appointed under this paragraph only if he is eligible under paragraph 1 to be appointed as Ombudsman.

(3) The Lord Chancellor may—

(a) pay to a person appointed under this paragraph such remuneration, fees or expenses as the Lord Chancellor may determine;

(b) pay, or make provision for the payment of, such pension, allowance or gratuity as the Lord Chancellor may determine to or in respect of a person who is or has been a person appointed under this paragraph.

(4) A person appointed under this paragraph is to exercise the functions of the Ombudsman in accordance with the terms of his appointment.

(5) The Lord Chancellor may end an appointment under this paragraph at any time.

(6) Otherwise any appointment of a person under this paragraph ends on the earliest of—

(a) that person's ceasing to be eligible to be appointed as Ombudsman;

(b) the expiry of the appointment in accordance with its terms and conditions;

(c) the date on which with the agreement of the Lord Chancellor the Ombudsman resumes the exercise of his functions;

(d) the appointment of a new Ombudsman;

(e) the end of twelve months beginning with the relevant date.

(7) The relevant date is—

(a) if the appointment was under sub-paragraph (1)(a), the date when the vacancy arose;

(b) if the appointment was under sub-paragraph (1)(b), the date of the Lord Chancellor's determination;

(c) if the appointment was under sub-paragraph (1)(c), the date of the notification.

Status of the Ombudsman N.I.

8 N.I. The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole.

Powers of the Ombudsman N.I.

9 (1) The Ombudsman does not have power to do any of the following— N.I.

(a) to borrow money;

(b) to hold real property;

(c) to appoint staff (except by way of arrangements under paragraph 10).

(2) Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions.

(3) Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).

Arrangements for assistance N.I.

10 (1) The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him. N.I.

(2) Arrangements may include the paying of fees to such persons.

(3) No arrangements may be made under this paragraph unless approved by the Lord Chancellor.

Arrangements by the Lord Chancellor N.I.

11 N.I. Unless the Ombudsman has made arrangements under paragraph 10, the Lord Chancellor may make arrangements for assistance to be provided to the Ombudsman.

Delegation of functions N.I.

12 (1) The Ombudsman may delegate any functions to— N.I.

(a) any person with whom arrangements are made under paragraph 10 or 11, or

(b) any person providing assistance to the Ombudsman in pursuance of such arrangements.

(2) But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.

Financial provisions and directions N.I.

13 (1) Expenditure incurred by the Ombudsman in the discharge of his functions is to be met by the Lord Chancellor. N.I.

(2) The Lord Chancellor may by direction require the Ombudsman—

(a) not to incur costs and expenditure in excess of a specified amount without his consent;

(b) to follow specified procedures in relation to his costs and expenditure.

(3) A direction under sub-paragraph (2) may relate to all of the Ombudsman's costs and expenditure, or to costs and expenditure of a specified description.

Code of conduct N.I.

14 N.I. The Lord Chancellor may issue and from time to time revise a code of conduct to be observed by the Ombudsman and any person appointed under paragraph 7 to exercise his functions.

Reports N.I.

15 (1) The Ombudsman must, as soon as practicable after the end of each financial year, provide to the Lord Chancellor a report about the performance of his functions during that year. N.I.

(2) The Lord Chancellor may by direction require the Ombudsman to deal, in reports or a particular report under sub-paragraph (1), with matters specified in the direction.

(3) The Ombudsman must, as soon as practicable after a direction by the Lord Chancellor under this sub-paragraph, provide to the Lord Chancellor a report about any matter or matters specified in the direction.

(4) The Lord Chancellor must lay before each House of Parliament a copy of any report provided to him under sub-paragraph (1).

(5) The Ombudsman must publish any report once copies of it have been laid under sub-paragraph (4).

Documentary evidence N.I.

16 N.I. A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way.

General N.I.

17 (1) Financial year in this Schedule, means— N.I.

(a) the period beginning with the date on which section 9A comes into force and ending with the following 31 March, and

(b) each successive period of twelve months.

(2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.

(3) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.]

Section 10

SCHEDULE 4 U.K. Functions of justices of the peace

Retained functions N.I.

1 (1) A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs (and is not transferred to lay magistrates).

(2) This sub-paragraph applies to—

(a) sections 79 and 80 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) (appointment and dismissal of harbour police),

(b) section 542(2) of the Merchant Shipping Act 1894 (c. 60) (declaration by marine store dealer),

(c) section 6(2A) of the Game Preservation Act (Northern Ireland) 1928 (c. 25 (N.I.)) (destruction of game),

(d) section 23(1) of the Government Annuities Act 1929 (c. 29) (confirmation of declaration),

(e) section 63(3) and (4) of the Foyle Fisheries Act (Northern Ireland) 1952 (c. 5 (N.I.)) (destruction or disposal of fish),

(f) F93 . . . section 19(1) and (2) (right to visit prison) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)),

(g) section 8(3) of the Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13 (N.I.)) (certificate authorising destruction or disposal of meat),

(h) section 47(1) and (2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (declaration of expenses at election),

(i) section 114(1) (certificate of fitness for dealer’s licence) and section 181(4) (certificate of fish to be destroyed or disposed of) of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)),

(j) section 57 of the Civil Aviation Act 1982 (c. 16) (appointment and swearing in of constables),

(k) section 1(2)(c) of the Ministry of Defence Police Act 1987 (c. 4) (declaration by members of Ministry of Defence police force),

(l) Article 8(3) to (7) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7)) (condemnation of food not complying with food safety requirements),

(m) Article 19(3) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/ 426 (N.I. 1)) (declaration by airport constables),

(n) section 38(1) of the Police (Northern Ireland) Act 2000 (c. 32) (attestation of constables of Police Service of Northern Ireland),

(o) section 18(2) and (3) of the Street Trading Act (Northern Ireland) 2001 (c. 8 (N.I.)) (certificate of seized items).

Textual Amendments

F93 Words in Sch. 4 para. 1(2)(f) repealed (19.8.2005) by The Criminal Justice (Northern Ireland) Order (S.I. 2005/1965 (N.I. 15)), arts. 1(4), 10, Sch. 1 para. 11, {Sch. 2}

Shared functions N.I.

2 (1) A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs but is also to become a function of lay magistrates.

(2) This sub-paragraph applies to—

(a) section 26(1) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (power to administer oaths),

(b) Article 56(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (affidavits for use in a county court).

Functions to be exercisable only by resident magistrates N.I.

3 (1) A function of justices of the peace or magistrates’ courts under a provision to which sub-paragraph (2) applies is to be a function only of resident magistrates.

(2) This sub-paragraph applies to—

(a) Article 5(1) and (2) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs: forfeiture),

(b) Article 152 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S. I. 1981/1675 (N.I. 26)) (enforcement of orders after appeal),

(c) Articles 44 and 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (warrants of further detention).

Amendments: general N.I.

4 The Lord Chancellor may [F94 , after consultation with the Lord Chief Justice,] by order amend paragraph 1(2), 2(2) or 3(2)—

(a) by adding any provision contained in any enactment or instrument passed or made before the coming into force of this Schedule, or

(b) by removing any provision.

Textual Amendments

F94 Words in Sch. 4 para. 4 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 124(2); S.I. 2006/1014, art. 2, Sch. 1 para. 12

5 U.K. The Lord Chancellor may [F95 , after consultation with the Lord Chief Justice,] by order make provision amending any enactment or instrument in consequence of the provision made by section 10 or by or by virtue of the preceding provisions of this Schedule.

Textual Amendments

F95 Words in Sch. 4 para. 5 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 124(3); S.I. 2006/1014, art. 2, Sch. 1 para. 12

[F96 5A U.K. The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

F96 Sch. 4 para. 5A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 124(4); S.I. 2006/1014, art. 2, Sch. 1 para. 12

6 U.K. So far as may be appropriate in consequence of the provision made by section 10 or by or by virtue of this Schedule—

(a) references in any enactment or instrument to a justice of the peace (or to a justice of the peace other than a resident magistrate) may be construed as being or including a reference to a lay magistrate, and

(b) references in any enactment or instrument to a magistrates’ court may be construed as a reference to a resident magistrate or a court of summary jurisdiction.

Specific amendments N.I.

7 The references to justices of the peace in sections 13, 15, 16 and 18 of the Statutory Declarations Act 1835 (c. 62) (oaths and declarations) include lay magistrates.

8 N.I. In section 5(1) of the General Dealers (Ireland) Act 1903 (c. 44) (general dealers to produce articles and books on demand of constable authorised by a justice), for “general or special authority of a justice of the peace” substitute “ authority of a warrant issued by a lay magistrate ”.

9 N.I. In section 26(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (administration of oaths), after “upon a” insert “ lay magistrate or ”.

10 In section 189(1) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (certificates of arrest or surrender of deserters and absentees), after “justice of the peace” insert “ or (in Northern Ireland) resident magistrate ”.

11 In section 189(1) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (certificates of arrest or surrender of deserters and absentees), after “justice of the peace” insert “ or (in Northern Ireland) resident magistrate ”.

12 In sections 47(2) and 110(2) of the Naval Discipline Act 1957 (c. 53) (certificates of arrest and surrender), after “justice of the peace” insert “ or (in Northern Ireland) resident magistrate ”.

13 N.I. In section 110(2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (non-payment of compensation for unjust etc. charge of personation), for “under the hand and seal of a justice of the peace” substitute “ issued by a lay magistrate ”.

Prospective

F97 14 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Sch. 4 para. 14 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 36 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

15 N.I. In section 21 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (offences during suspended sentence etc.), for subsection (2) substitute—

“(2) A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath.

(2A) Subsection (2) does not apply to a summons or warrant issued (by virtue of section 9(12) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act.”

16 N.I. The Judicature (Northern Ireland) Act 1978 (c. 23) has effect subject to the following amendments.

17 (1) Section 103 (appointment of justices of the peace) is amended as follows. N.I.

(2) In subsection (3), for “Lord Chancellor” substitute “ First Minister and deputy First Minister, acting jointly, ”.

(3) In subsections (4) and (5), insert at the beginning “Subject to the Justice (Northern Ireland) Act 2002,”.

(4) After subsection (5) insert—

“(5A) A justice of the peace for a county court division may act as such in relation to all matters arising within that division and may so act even if at the time of acting he is in some other area of Northern Ireland.”

Commencement Information

I12 Sch. 4 para. 17 partly in force; Sch. 4 para. 17 not in force at Royal Assent see s. 87; Sch. 4 para. 17(1)(3)(4) in force at 1.4.2005 by S.R. 2005/109, art. 2, Sch.

18 N.I. After that section insert—

“103A Power of court of record to bind over

(1) Any court of record in Northern Ireland having a criminal jurisdiction has, as ancillary to that jurisdiction, the power—

(a) to bind over to keep the peace; or

(b) to bind over to be of good behaviour,

a person who or whose case is before the court by requiring him to enter into his own recognisances or to find sureties (or both) and committing him to prison if he does not comply.

(2) A magistrates’ court is not to be regarded as a court of record for the purposes of subsection (1).”

19 N.I. In Article 84(6) of the Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19)) (judges and justices not disqualified by being ratepayers etc.), for “and a justice of the peace” substitute “ , resident magistrate or lay magistrate ”.

20 N.I. The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) has effect subject to the following amendments.

21 N.I. In Article 2(2)(b) (meaning of “magistrates’ court”), for “justice of the peace” substitute “ lay magistrate ”.

22 (1) Article 3 (functions of justices etc.) is amended as follows. N.I.

(2) In paragraph (1)—

(a) for “justice of the peace” substitute “ lay magistrate ”, and

(b) for “justices of the peace” substitute “ lay magistrates ”.

(3) In paragraph (2)—

(a) for “justice of the peace other than a resident magistrate” substitute “ lay magistrate ”, and

(b) for “justice of the peace by the commission of the peace or” substitute “ lay magistrate ”.

23 N.I. In Article 4 (local jurisdiction of justice of the peace), for “justice of the peace” substitute “ lay magistrate ”.

24 N.I. In Articles 5 and 6 (immunity)—

(a) for “justice of the peace” substitute “ lay magistrate ”, and

(b) for “such a magistrate or justice” substitute “ a resident magistrate or a lay magistrate ”.

25 N.I. In Article 6A (costs)—

(a) for “justice of the peace” (in each place) substitute “ lay magistrate ”, and

(b) for “such a magistrate or justice” substitute “ a resident magistrate or a lay magistrate ”.

26 N.I. In Article 7 (clerk’s immunity in respect of warrant to enforce order), for “resident magistrate or other justice of the peace” substitute “ magistrates’ court ”.

27 N.I. In Article 10(1) and (1A) (defrayal of expenses)—

(a) for “or other justice of the peace” substitute “ , by a lay magistrate ”, and

(b) for “magistrate, justice” substitute “ resident magistrate, lay magistrate ”.

28 N.I. In Article 18(4) (procedure)—

(a) for “other justice of the peace” in the words preceding sub-paragraph (a) and in sub-paragraph (b) substitute “ lay magistrate ”, and

(b) for “or justice of the peace” substitute “ or lay magistrate ”.

29 N.I. In Article 42(1)(a) and (b) (reading of depositions), for “other justice of the peace” substitute “ lay magistrate ”.

30 N.I. In Article 114(2) (warrants: postponement of issue and stay of execution), insert at the end “; but a lay magistrate sitting out of petty sessions may postpone the issue of a warrant, or stay the execution of it, only if it was issued by him or another lay magistrate.”

31 N.I. In Article 126(1) (proof of service), for “other justice of the peace” substitute “ lay magistrate ”.

32 N.I. In Article 156 (validity of documents)—

(a) for “other justice of the peace” substitute “ lay magistrate ”, and

(b) for “magistrate, justice or clerk of petty sessions” substitute “ person ”.

33 N.I. In Article 158(1) (execution of warrants), for “other justice of the peace” substitute “ lay magistrate ”.

34 N.I. In Article 160(1) (misbehaviour in court), for “justice of the peace” substitute “ lay magistrate ”.

35 N.I. In paragraph 2 of Schedule 1 (matters which may be dealt with by a justice of the peace out of petty sessions), for “justice of the peace” substitute “ lay magistrate ”.

36 N.I. In Article 165(2) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/ 2405 (N.I. 19)) (affidavits etc.), for “justices” substitute “ lay magistrates ”.

37 N.I. In section 244(6)(a)(ii) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (community service orders), for “justice of the peace acting for the petty sessions district for the time being specified in the order” substitute “ resident magistrate ”.

38 N.I. In Schedule 2 to the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) (persons ineligible for jury service), after the entry relating to persons holding an office belonging to any court of justice in Northern Ireland insert—

“Lay magistrate.”

39 N.I. In section 9(5) of the Human Rights Act 1998 (c. 42) (judicial acts), in the definition of “judge”, after “a justice of the peace” insert “ (or, in Northern Ireland, a lay magistrate) ”.

40 N.I. In section 81(1) of the Regulation of Investigatory Powers Act 2000 (c. 23) (interpretation), after the definition of “interception warrant” insert—

““justice of the peace” does not include a justice of the peace in Northern Ireland;”.

F98 F98 SCHEDULE 5 N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98 Sch. 5 repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 5 para. 125, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 12, 30

Section 19

SCHEDULE 6 N.I. Office-holders required to take judicial oath

• Lord Chief Justice

• Lord Justice of Appeal

• Judge of the High Court

• Temporary judge of the High Court under section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23)

• County court judge

• Deputy county court judge

• Resident magistrate

• Deputy resident magistrate

• Coroner

• Deputy coroner

• Statutory officer (within the meaning of section 70(1) of the Judicature (Northern Ireland) Act 1978)

• Deputy for a statutory officer under section 74 of that Act

• Temporary additional statutory officer under that section

• Chief Social Security Commissioner for Northern Ireland

• Social Security Commissioner for Northern Ireland

• Deputy Social Security Commissioner for Northern Ireland

• Chief Child Support Commissioner for Northern Ireland

• Child Support Commissioner for Northern Ireland

• Deputy Child Support Commissioner for Northern Ireland

• President of appeal tribunals (within the meaning of Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)))

• Member of the panel of persons to act as members of such appeal tribunals

• Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland

• [F99 Chairman of an Appeal Tribunal for the purposes of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))]

• President of the Industrial Tribunals and the Fair Employment Tribunal

• Acting President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 12))

• Vice-President of the Industrial Tribunals and the Fair Employment Tribunal

• Acting Vice-President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998

• [F100 Member of the panel of chairmen of the Industrial Tribunals]

• Member of the panel of chairmen of the Fair Employment Tribunal

• President of the Lands Tribunal for Northern Ireland

• Deputy President of the Lands Tribunal for Northern Ireland under section 3(1) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))

• Other member of the Lands Tribunal for Northern Ireland

• Temporary member of the Lands Tribunal for Northern Ireland under section 3(2) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964

• President of the Special Educational Needs Tribunal [F101 and Disability] for Northern Ireland

• Member of the panel of persons who may serve as chairman of that Tribunal

• Member of the tribunal established under section 91 of the Northern Ireland Act 1998 (c. 47)

• Member of the Mental Health Review Tribunal for Northern Ireland

• Lay magistrate

• Justice of the Peace

• F102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F103 Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269).

• Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland

• Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

• President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland

• Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland

• Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985)

• Member of the panel of persons appointed under section 6(1) of the Tribunals and Inquiries Act 1992 to act as chairmen of tribunals that sit in Northern Ireland

• Member of the panel of chairmen of VAT tribunals for Northern Ireland

• General Commissioner for a division in Northern Ireland (appointed under section 2 of the Taxes Management Act 1970)]

• [F104 President of the Northern Ireland Valuation Tribunal

• Member of the Northern Ireland Valuation Tribunal]

Textual Amendments

F99 Sch. 6: entry inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, {Sch. 5, para. 126(2)}; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F100 Sch. 6: entry inserted (31.8.2005) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 126(4); S.I. 2005/2284, art. 2

F101 Sch. 6: words in entry inserted (1.9.2005) by The Special Educational Needs and Disability (Northern Ireland) Order 2005 (S.I. 2005/1117 (N.I. 6)), arts. 1, 50(1), Sch. 5 para. 10; S.R. 2005/336, art. 2, Sch.

F102 Words in Sch. 6 repealed (1.4.2005) by 2002 c. 26, ss. 86, 87, Sch. 13; S.R. 2005/109, art. 2, Sch.

F103 Sch. 6: entries inserted (3.4.2006 except in regard to the office of General Commissioner for a division in Northern Ireland) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 5 para. 126(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12

F104 Sch. 6: entries inserted (1.4.2007) by The Justice (Northern Ireland) Act 2002 (Addition of Listed Judicial Offices etc.) Order 2006 (S.R. 2006/469), art. 3

Valid from 12/04/2010

Section 28

SCHEDULE 7 N.I. Functions of Advocate General

Assembly Bills N.I.

1 (1) The Northern Ireland Act 1998 has effect subject to the following amendments.

(2) In section 11(1) (power of Attorney General for Northern Ireland to refer question whether Bill would be within legislative competence of Northern Ireland Assembly), after “The” insert “ Advocate General for Northern Ireland or the ”.

(3) In section 12(2) (procedure where Assembly wishes to reconsider Bill referred to European Court of Justice)—

(a) in paragraph (a), for “Attorney General for Northern Ireland and the Attorney General” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”, and

(b) in paragraph (b), for “Attorney General for Northern Ireland shall request the withdrawal of the reference under section 11” substitute “ person who made the reference in relation to the Bill under section 11 shall request the withdrawal of the reference ”.

(4) In section 14(2)(a) (no submission for Royal Assent where Attorney General for Northern Ireland entitled to make a reference under section 11), insert at the beginning “the Advocate General for Northern Ireland or”.

Devolution issues N.I.

2 (1) Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows.

(2) In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)—

(a) in sub-paragraph (1), for “or defended by the Attorney General” substitute “ by the Advocate General for Northern Ireland ”, and

(b) in sub-paragraph (2), for “First Minister and the deputy First Minister acting jointly” substitute “ Attorney General for Northern Ireland ” and insert at the end “ instituted by the Advocate General for Northern Ireland ”.

(3) In paragraph 5 (notice of such proceedings), for “Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”.

(4) In paragraph 13 (notice), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

(5) In paragraph 23 (intimation), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”.

(6) In paragraphs 33 and 34 (direct references to Judicial Committee), for “the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly” substitute “ the Advocate General for Northern Ireland, the Attorney General for Northern Ireland ”.

(7) In paragraph 35(4) (no exercise of function pending decision on reference), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Prospective

3 N.I. F105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105 Sch. 7 para. 3 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act

4 N.I. In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in—

(a) paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),

(b) paragraph 26 (notice of such proceedings), and

(c) paragraphs 33 and 34 (direct references to Judicial Committee),

for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Human rights N.I.

5 In section 71(2) of the Northern Ireland Act 1998 (c. 47) (law officers able to rely on Convention rights under that Act even though not victim), after “to the Attorney General,” insert “ the Advocate General for Northern Ireland, ”.

Prospective

6 N.I. F106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 Sch. 7 para. 6 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act

7 N.I. In section 100(2) of the Scotland Act 1998 (similar provision in relation to that Act), after “, the Attorney General” insert “ , the Advocate General for Northern Ireland ”.

Varying retrospective decisions N.I.

8 In section 81(7) of the Northern Ireland Act 1998 (notice of intention to vary retrospective decision to be given to the appropriate authority), for “First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and ”.

Prospective

9 N.I. F107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107 Sch. 7 para. 9 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to 161(4)(5) of the amending Act which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) see ss. 46, 161(1)(4)(5) of the amending Act

10 N.I. In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Prospective

Suspension of devolved government N.I.

11 (1) Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows.

(2) In sub-paragraph (1), after paragraph (c) insert—

“(ca) any functions of the Attorney General for Northern Ireland may be discharged by the Advocate General for Northern Ireland;”.

(3) In sub-paragraph (2)—

(a) after “Minister” insert “ or the Attorney General for Northern Ireland ”, and

(b) after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

(4) In sub-paragraphs (3), (5) and (6), after “Minister” insert “ or the Attorney General for Northern Ireland ”.

Acting as Attorney General for Northern Ireland during vacancy N.I.

12 The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland about any arrangements they propose to make for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.

Consultation about appointment of Attorney General for Northern Ireland N.I.

13 The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland before appointing a person to be Attorney General for Northern Ireland.

Crown Solicitor N.I.

14 (1) Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows.

(2) In subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland ”.

(3) In subsection (2), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Chief Inspector of Criminal Justice N.I.

15 Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.

16 (1) Section 47 (functions: consultation and consent requirements etc.) is amended as follows. N.I.

(2) In subsection (1), after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”.

(3) In subsection (2), after “Secretary of State,” insert—

“(aa) the Advocate General for Northern Ireland,”.

(4) In subsection (5), after “consent of” insert “ the Advocate General for Northern Ireland and ”.

17 N.I. In section 49(5) (copies of reports relating to Public Prosecution Service), after “copy of it to” insert “ the Advocate General for Northern Ireland and ”.

Prospective

Life sentence prisoners’ representatives N.I.

18 F108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 Sch. 7 para. 18 repealed (15.5.2008) by The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1, 102, Sch. 6 Pt. 1; S.R. 2008/217, art. 2, Sch. para. 19 (subject to art. 3)

Special advocates N.I.

19 In section 91(7) of the Northern Ireland Act 1998 (c. 47) (appointment of person to represent interests of party to proceedings before Tribunal under that section), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

20 N.I. In paragraph 7(2) of Schedule 2 to the Northern Ireland (Sentences) Act 1998 (c. 35) (appointment of person to represent prisoner’s interests in proceedings of Sentence Review Commissioners from which he and his representative are excluded), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Scheduled offences N.I.

21 The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.

22 N.I. In section 72(2)(b) (regulations providing for time limits to cease to have effect where Attorney General for Northern Ireland certifies that offence is not to be treated as scheduled offence), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

23 N.I. In Schedule 9 (certification that offence is not scheduled offence), in Notes 1 and 2 in Part 1, and in the Note in Part 3, for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Consent to prosecution N.I.

24 In section 12 of the Official Secrets Act 1911 (c. 28) (construction of references to Attorney General), for “Attorney-General for Ireland” substitute “ Advocate General for Northern Ireland ”.

Prospective

25 N.I. F109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Sch. 7 para. 25 repealed (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 125, 126, Sch. 9 Pt. 1 (with Sch. 8)

26 N.I. In section 1(3) of the Genocide Act 1969 (c. 12) (proceedings for genocide), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

27 N.I. In section 2(1) of the Biological Weapons Act 1974 (c. 6) (proceedings for offence of contravening section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

28 N.I. In section 11 of the Criminal Jurisdiction Act 1975 (c. 59) (proceedings for extra-territorial offences), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

29 N.I. In section 2(1) of the Internationally Protected Persons Act 1978 (c. 17) (proceedings for offence which is an offence by virtue only of section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

30 N.I. In section 3(1) of the Nuclear Material (Offences) Act 1983 (c. 18) (proceedings for offence which is an offence only by virtue of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

31 N.I. In section 135 of the Criminal Justice Act 1988 (c. 33) (proceedings for offence of torture), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

32 N.I. In section 9(1) of the Official Secrets Act 1989 (c. 6) (proceedings for offence under that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

33 N.I. In Article 8(11) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 (S.I. 1990/1651) (as substituted by the Iraq and Kuwait (United Nations Sanctions) (Second Amendment) Order 1990 (S.I. 1990/2144)) (proceedings for offence under that Order), for “Attorney General for Northern Ireland or” substitute “ Advocate General for Northern Ireland or the Attorney General for ”.

34 N.I. In section 31(1) of the Chemical Weapons Act 1996 (c. 6) (proceedings for offence under section 2 or 11 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Prospective

35 N.I. F110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110 Sch. 7 para. 35 repealed (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 37, 39(2), Sch. 3; S.I. 2006/1013, art. 2

36 N.I. In—

(a) section 55 (proceedings for offence under section 47 or 50), and

(b) section 81(1) (proceedings for offence under section 79 or 80),

of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

37 N.I. Section 33 of this Act applies in relation to the giving of consent by the Advocate General for Northern Ireland as in relation to the giving of consent by the Director of Public Prosecutions for Northern Ireland.

Section 45

SCHEDULE 8 N.I. Chief Inspector of Criminal Justice

Chief Inspector’s tenure N.I.

1 (1) Subject as follows, the Chief Inspector holds office in accordance with the terms of his appointment (or re-appointment).

(2) The Chief Inspector must not be appointed for more than five years at a time.

(3) The Chief Inspector may resign by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss the Chief Inspector if satisfied that—

(a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) he is otherwise unable or unfit to exercise his functions.

Salary etc. of Chief Inspector N.I.

2 (1) The Secretary of State must pay to or in respect of the Chief Inspector such—

(a) salary,

(b) allowances, and

(c) sums for the provision of pensions,

as the Secretary of State determines.

(2) If a person who, by reference to any office or employment, is a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11) becomes the Chief Inspector, the Minister for the Civil Service may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment.

Staff N.I.

3 (1) The Chief Inspector may employ staff, but subject to the approval of the Secretary of State as to—

(a) numbers,

(b) salary, and

(c) other terms of employment.

(2) The Chief Inspector may make arrangements for securing the provision to him of such assistance by persons employed in—

(a) the civil service of the United Kingdom, or

(b) the civil service of Northern Ireland,

as he considers appropriate for or in connection with the exercise of his functions.

(3) Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of “Other Bodies” insert—

“Employment by the Chief Inspector of Criminal Justice in Northern Ireland.”

(4) The Chief Inspector must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual report N.I.

4 (1) The Chief Inspector must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

(2) The Chief Inspector must send a copy of each annual report to the Secretary of State who must—

(a) lay a copy of it before each House of Parliament, and

(b) arrange for it to be published.

(3) But the Secretary of State may exclude a part of an annual report from the copy so laid or published if, in his opinion, the laying or publication of the part—

(a) would be against the public interest, or

(b) might jeopardise the safety of any person.

(4) If the Secretary of State excludes a part of an annual report from laying or publication, he must lay or publish with the annual report a statement that it has been excluded.

(5) In this paragraph “financial year” means—

(a) the period beginning with the day on which section 45 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Financial provisions N.I.

5 The Secretary of State may make grants to the Chief Inspector.

6 (1) The Chief Inspector must— N.I.

(a) keep proper accounts and proper financial records, and

(b) prepare in respect of each financial year a statement of accounts.

(2) The statement of accounts must—

(a) contain such information, and

(b) be in such form,

as the Secretary of State directs.

(3) The Chief Inspector must send copies of the statement of accounts relating to a financial year to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year as the Secretary of State directs.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) lay a copy of the statement of accounts and of his report on it before each House of Parliament.

(5) In this paragraph “financial year” has the same meaning as in paragraph 4.

Delegation of functions N.I.

7 (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to—

(a) any member of his staff,

(b) any person providing assistance by virtue of paragraph 3(2), or

(c) the holder of any office within sub-paragraph (2).

(2) Those offices are—

(a) Her Majesty’s Inspector of Constabulary,

(b) Her Majesty’s Chief Inspector of Prisons, F111 . . .

(c) Her Majesty’s Chief Inspector of the Crown Prosecution Service[F112 and,

(d) Her Majesty’s Chief Inspector of the National Probation Service in England and Wales.]

(3) The Secretary of State may by order amend sub-paragraph (2) by—

(a) adding an office,

(b) omitting an office, or

(c) altering the description of an office.

(4) If the carrying out of an inspection or review is delegated under this paragraph it is nevertheless to be regarded for the purposes of sections 46 to 49 as carried out by the Chief Inspector.

Textual Amendments

F111 Word in Sch. 8 para. 7(2)(b) omitted (21.12.2003) by virtue of The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003 (S.R. 2003/552), {art. 3(2)}

F112 Sch. 8 para. 7(2)(d) and preceding word inserted (21.12.2003) by The Justice (Northern Ireland) Act 2002 (Amendment of section 46(1) and paragraph 7(2) of Schedule 8) Order 2003 (S.R. 2003/552), {art. 3(3)}

Inspections of Police Service N.I.

8 (1) Before an inspection of the Police Service of Northern Ireland or Police Service of Northern Ireland Reserve is carried out under section 46, the Chief Inspector must inform those of Her Majesty’s Inspectors of Constabulary who have been appointed under section 41(1) of the Police (Northern Ireland) Act 1998 (c. 32) as inspectors of constabulary for Northern Ireland.

(2) If those inspectors notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must delegate its carrying out to them under paragraph 7.

(3) If those inspectors do not notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must, before the inspection or review is carried out, consult the Secretary of State with a view to obtaining his approval of the inspection which it is proposed to carry out.

Miscellaneous N.I.

9 The Chief Inspector is a corporation sole.

10 (1) The Chief Inspector is not to be regarded— N.I.

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Chief Inspector’s property is not to be regarded as property of, or held on behalf of, the Crown.

11 N.I. The Chief Inspector may do anything, apart from borrowing money, which he considers is—

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of his functions.

12 N.I. The application of the seal of the Chief Inspector is to be authenticated by the signature of the Chief Inspector or any member of his staff who has been authorised (whether generally or specially) for the purpose.

13 N.I. A document purporting to be—

(a) duly executed by the Chief Inspector under his seal, or

(b) signed on his behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification N.I.

14 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Chief Inspector of Criminal Justice in Northern Ireland.”

15 N.I. In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Chief Inspector of Criminal Justice in Northern Ireland.”

Freedom of information N.I.

16 In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Chief Inspector of Criminal Justice in Northern Ireland.”

Section 50

SCHEDULE 9 N.I. Law Commission

Commissioners’ tenure N.I.

1 (1) Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment).

(2) A person may not be appointed as a Commissioner for more than five years at a time.

(3) A Commissioner may resign by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss a Commissioner if satisfied that—

(a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) he is otherwise unable or unfit to exercise his functions.

Commissioners holding judicial office N.I.

2 (1) A person who holds judicial office may be appointed as a Commissioner without relinquishing that office.

(2) But he is not, unless the terms of his appointment provide otherwise, required to perform the duties of his judicial office while he is a Commissioner.

Salary etc. of Commissioners not holding full-time judicial office N.I.

3 (1) The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such—

(a) salary,

(b) allowances,

(c) fees, or

(d) sums for the provision of pensions,

as the Secretary of State may determine.

(2) If a person who, by reference to any office or employment, is a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11) becomes a Commissioner, the Minister for the Civil Service may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment.

(3) The Commission must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Staff N.I.

4 (1) The Commission may employ staff, but subject to the approval of the Secretary of State as to—

(a) numbers,

(b) salary, and

(c) other terms of employment.

(2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

(a) the civil service of the United Kingdom,

(b) the civil service of Northern Ireland, or

(c) the Court Service,

as it considers appropriate for or in connection with the exercise of its functions.

(3) Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of “Royal Commissions and other Commissions” insert—

“Northern Ireland Law Commission.”

(4) The Commission must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Financial provisions N.I.

5 The Secretary of State may make grants to the Commission.

6 (1) The Commission must— N.I.

(a) keep proper accounts and proper financial records, and

(b) prepare in respect of each financial year a statement of accounts.

(2) The statement of accounts must—

(a) contain such information, and

(b) be in such form,

as the Secretary of State directs.

(3) The Commission must send copies of the statement of accounts relating to a financial year to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year as the Secretary of State directs.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the statement of accounts, and

(b) lay a copy of the statement of accounts and of his report on it before each House of Parliament.

(5) In this paragraph “financial year” means—

(a) the period beginning with the day on which section 50 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Miscellaneous N.I.

7 The exercise by the Commission of its functions is not affected by—

(a) any vacancy among the Commissioners, or

(b) any defect in the appointment of a Commissioner.

8 (1) The Commission is not to be regarded— N.I.

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

9 N.I. The Commission may do anything, apart from borrowing money, which it considers is—

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

10 N.I. The application of the seal of the Commission is to be authenticated by the signature of any Commissioner or member of staff of the Commission who has been authorised (whether generally or specially) for the purpose.

11 N.I. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.

12 N.I. A document purporting to be—

(a) duly executed by the Commission under its seal, or

(b) signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification N.I.

13 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

14 N.I. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

Freedom of information N.I.

15 In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

Section 62

SCHEDULE 10 N.I. Youth justice orders: enforcement etc.

The Schedule to be inserted after Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) ia as follows—

Articles 36D, 36I and 36K

“SCHEDULE 1A N.I. Breach, revocation and amendment of reparation orders, community responsibility orders and youth conference orders

Introductory

1 (1) In this Schedule “relevant order” means a reparation order, a community responsibility order or a youth conference order.

(2) In this Schedule “the appropriate court”, in relation to a relevant order, means a youth court acting for the petty sessions district for the time being named in the order under Article 36D(1), 36I(1) or 36K(5).

(3) For the purposes of this Schedule a relevant order made on an appeal brought from a magistrates’ court is to be treated as if made by the magistrates’ court; and a relevant order made on appeal brought from the Crown Court or from the Court of Appeal is to be treated as if made by the Crown Court.

Breach of relevant order

2 (1) Paragraphs and make provision for dealing with an offender if, while a relevant order is in force in respect of him, it is proved to the satisfaction of the appropriate court, on the application of the responsible officer, that the offender has failed to comply with any requirement of the order.

(2) But nothing in those paragraphs prevents the appropriate court from making an order revoking, amending or extending the relevant order under paragraph 5 in such circumstances.

(3) In dealing with an offender under paragraph or , a court must take into account the extent to which he has complied with the requirements of the relevant order.

(4) An offender who is required by a youth conference order to submit to treatment for a mental condition, or for a dependency on drugs or alcohol, is not to be treated for the purposes of paragraph or as having failed to comply with that requirement on the ground only that he has refused to undergo any treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

Order as punishment for breach

3 (1) The court may—

(a) in the case of a reparation order, make an attendance centre order in respect of the offender; or

(b) in the case of a community responsibility order or a youth conference order, make an attendance centre order or a community service order in respect of him.

(2) The court may make an order under sub-paragraph (1) whether or not it also makes an order revoking, amending or extending the relevant order under paragraph .

(3) Articles 37 and 38 of this Order have effect in relation to attendance centre orders under sub-paragraph (1), but as if the references in paragraph (1) of Article 37 to any court having (or, but for certain provisions, having) the power mentioned in that paragraph were to the appropriate court.

(4) Article 13(1), (4), (6), (7)(b) to (9) and (11) and Article 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) have effect in relation to community service orders under sub-paragraph (1)(b), but as if—

(a) the reference in paragraph (1) of Article 13 to a court by or before which a person is convicted of an offence punishable with imprisonment were to the appropriate court; and

(b) the reference in that paragraph to the age of a person when convicted were to his age when the appropriate court determines that he has failed to comply with any requirement in a community responsibility order or youth conference order.

(5) Article 13(2) of that Order has effect in relation to community service orders under sub-paragraph (1)(b), but as if for sub-paragraphs (a) and (b) there were substituted “not more than 60 hours”.

(6) Schedule 2 to that Order has effect in relation to a community service order under sub-paragraph (1)(b), but as if references to the offence were to the failure to comply with the order in respect of which the community service order was made.

(7) Article 8(1) and (2) and Article 9 of that Order do not apply to any order under sub-paragraph (1).

Re-sentencing for breach

4 (1) Where the relevant order was made by a magistrates’ court, the appropriate court may (instead of making an order under paragraph )—

(a) revoke the order (if it is still in force); and

(b) deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by the court.

(2) Where the relevant order was made by the Crown Court, the appropriate court may (instead of making an order under paragraph ) commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.

(3) Where the appropriate court deals with an offender under sub-paragraph (2), it must send to the Crown Court a certificate signed by a resident magistrate giving—

(a) particulars of the offender’s failure to comply with the requirement in question; and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(4) Where it is proved to the satisfaction of the Crown Court that an offender brought or appearing before the court by virtue of sub-paragraph (2) has failed to comply with the requirement in question, the court may—

(a) revoke the order (if it is still in force); and

(b) deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by or before the court.

(5) In proceedings before the Crown Court under sub-paragraph (4) any question whether the offender has failed to comply with the requirements of the relevant order is to be determined by the Crown Court and not by the verdict of a jury.

(6) In dealing under this paragraph with an offender who has wilfully and persistently failed to comply with a requirement, the court may assume that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent or a youth conference order.

Revocation, amendment and extension of relevant order

5 (1) If, while a relevant order is in force in respect of an offender, it appears to the relevant court, on the application of the responsible officer or the offender, that it is appropriate to do so, the court may—

(a) make an order revoking the relevant order;

(b) make an order amending the relevant order; or

(c) make an order extending the period specified in Article 3C(5), 36C(3)(b) or 36G(4).

(2) In this paragraph “the relevant court” means—

(a) the appropriate court, if the relevant order was made by a magistrates’ court; and

(b) the Crown Court, if the relevant order was made by the Crown Court.

(3) The relevant court may make an order under paragraph (c) of sub-paragraph (1) whether or not it also makes an order under paragraph (b) of that sub-paragraph.

(4) An order under sub-paragraph (1)(b) may amend a relevant order by—

(a) cancelling any provision of it; or

(b) inserting in it (either in addition to or in substitution for any of its provisions) any provision which the relevant court could include if it were then making the order.

(5) The relevant court must not make an order under sub-paragraph (1)(b) or (c) unless the offender consents.

(6) But sub-paragraph (5) does not apply to an order—

(a) cancelling a requirement of the relevant order;

(b) reducing the period of any requirement;

(c) substituting a new petty sessions district for the one specified in the relevant order; or

(d) substituting a new responsible officer for the one specified in the relevant order.

(7) The relevant court must not make an order under sub-paragraph (1) amending a youth conference order on the application of the offender unless the relevant court has consulted the responsible officer.

(8) The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a reparation order or youth conference order which affects any action required to be taken by the offender in relation to another person unless that other person agrees.

(9) The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a youth conference order which affects any action falling to be taken by a person other than the offender unless that person agrees.

(10) Where an application under sub-paragraph (1)(a) for the revocation of a relevant order is dismissed, no further application for its revocation may be made under that sub-paragraph by any person except with the consent of the relevant court.

Dealing with relevant order when sentencing after subsequent conviction

6 (1) This paragraph applies where an offender in respect of whom a relevant order is in force is dealt with for an offence by the appropriate court, a court of summary jurisdiction other than the appropriate court or the Crown Court.

(2) The court may do anything which it could do under paragraph 5 in relation to the order if an application were made to it by the responsible officer (and, in the case of a court which is not the relevant court, it were the relevant court).

(3) If the court is the appropriate court or a court of summary jurisdiction other than the appropriate court and the order was made by the Crown Court, sub-paragraph (2) does not apply but the court may commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.

(4) Where a court deals with an offender’s case under sub-paragraph (3), it must send to the Crown Court such particulars of the case as may be desirable.

(5) Where by virtue of that sub-paragraph an offender is brought or appears before the Crown Court, the Crown Court may do anything which it could do under paragraph 5 if an application were made to it by the responsible officer.

Copies of revoking, amending or extending order

7 (1) On the making of an order under this Schedule revoking, amending or extending a relevant order, the clerk to the court must immediately give a copy of the revoking, amending or extending order to the responsible officer.

(2) The responsible officer must give a copy of the revoking, amending or extending order to—

(a) the offender subject to the relevant order; and

(b) his parent or guardian or, if he is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), a social worker of the authority.

(3) Where an amending order amends a relevant order by substituting a new petty sessions district for the one specified in the relevant order, the clerk to the court must also send to the clerk of petty sessions for the new district—

(a) a copy of the amending order; and

(b) such documents and information relating to the case as he considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

Presence of offender in court, remands etc.

8 (1) Where the responsible officer makes an application to a court under paragraph or , he may bring the offender before the court; and, subject to sub-paragraph (8), a court must not make an order under paragraph , , or 6 unless the offender is present before the court.

(2) The court to which an application under paragraph or is made, or which is considering exercising its powers under paragraph 6, may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

(3) Where the offender has failed to appear in answer to a summons, the court must not issue a warrant under sub-paragraph (2) for his arrest unless it is proved that—

(a) the summons was duly served on him;

(b) he is evading service; or

(c) the summons cannot be served on him.

(4) Where the offender has failed to appear at an adjourned hearing, the court must not issue a warrant under sub-paragraph (2) unless it is satisfied that reasonable steps have been taken to bring to his attention notice of the time and place of the adjourned hearing.

(5) Where the offender is arrested under a warrant issued under sub-paragraph (2) and cannot be brought immediately before the court by which the warrant was issued, the person in whose custody he is—

(a) may make arrangements for his detention in a place of safety for a period of not more than 72 hours from the time of the arrest (and it is lawful for him to be detained under the arrangements); and

(b) must within that period bring him before the Crown Court (if the warrant was issued by that court and it is reasonably practicable to bring him before that court within that period) or (otherwise) a youth court.

(6) Where an offender is brought under sub-paragraph (5)(b) before a youth court which is not the court by which the warrant was issued, that youth court may—

(a) direct that he be immediately released on bail until he can appear before the court by which the warrant was issued; or

(b) remand him to the place to which it would remand him if making an order under Article 13, or (if he is aged 18 or over) to a remand centre, until he can be brought before that court.

(7) Where an application is made to a court under paragraph 2 or , or a court is considering exercising its powers under paragraph 6, the court may remand (or further remand) the offender as specified in sub-paragraph (6)(b) if—

(a) a warrant has been issued under sub-paragraph (2) for the purpose of securing his attendance before the court; or

(b) the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers.

(8) A court may make an order under paragraph in the absence of the offender if the effect of the order is confined to one or more of the following—

(a) revoking the relevant order;

(b) cancelling a requirement of the relevant order;

(c) reducing the period of any requirement;

(d) substituting a new petty sessions district for the one specified in the relevant order; and

(e) substituting a new responsible officer for the one specified in the relevant order.”

Section 63

SCHEDULE 11 N.I. Extension of youth justice system to 17 year olds

Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.)) N.I.

1 In section 2(1A) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs ordered by magistrates’ court to be paid by person under 17 not to exceed amount of fine imposed on him), for “seventeen” substitute “ eighteen ”.

Prospective

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) N.I.

2 In section 9(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (remand and committal of persons between 17 and 21), for “seventeen” substitute “ eighteen ”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) N.I.

3 In Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders)—

(a) in sub-paragraph (a), for “seventeen” substitute “ eighteen ”, and

(b) in the heading of Table A, for “17” substitute “ 18 ”.

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) N.I.

4 In Article 45(4) of the Magistrates’ Courts (Northern Ireland) Order 1981 (summary trial of persons 17 or over), for “seventeen” substitute “ eighteen ”.

Prospective

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15)) N.I.

5 In Article 13(1) of the Treatment of Offenders (Northern Ireland) Order 1989 (removal to young offenders centre of persons between 17 and 21), for “17” substitute “ 18 ”.

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) N.I.

6 In Article 14(11) of the Criminal Justice (Northern Ireland) Order 1994 (compensation to be paid under compensation order made against offender under 17 not to exceed £1,000), for “17” substitute “ 18 ”.

Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24)) N.I.

7 The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

8 N.I. In Article 5(9) (conditional discharge in case of offender under 17: exercise of powers once 17 or over), for “17” (in both places) substitute “ 18 ”.

9 N.I. In Article 6(2) (effect of discharge where offender 17 or over), for “17” substitute “ 18 ”.

10 N.I. In Article 7(1)(b) (power to require offender between 14 and 17, or his parent or guardian, to give security for good behaviour of offender), for “17” substitute “ 18 ”.

11 N.I. In Article 9(5) (court not to dispense with need for pre-sentence report before passing community sentence on person under 17 unless it relies on previous report), for “17” substitute “ 18 ”.

12 In Article 21(3) (court not to dispense with need for pre-sentence report before passing custodial sentence on person under 17 unless it relies on previous report), for “17” substitute “ 18 ”.

13 N.I. In Article 29(4)(c) (fixing of fine where parent or guardian of offender under 17 has failed to comply with financial circumstances order etc.), for “17” substitute “ 18 ”.

14 N.I. In Article 31(3) (false statements as to financial circumstances in cases where persons charged are under 17), for “17” substitute “ 18 ”.

15 N.I. In Article 34(2) (copy of report of probation officer to be given to parent or guardian of offender under 17), for “17” substitute “ 18 ”.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) N.I.

16 The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

17 N.I. In Article 2(2) (interpretation), in the definitions of “adult” and “child”, for “17” substitute “ 18 ”.

18 N.I. In Article 30(2) and (3) (powers of youth court where child becomes an adult), for “17” substitute “ 18 ”.

19 N.I. In Article 45 (punishment of certain grave crimes)—

(a) in paragraph (1), for “under the age of 18” substitute “ a child ”,

(b) in paragraphs (4) and (5), for “person” substitute “ child ”, and

(c) in paragraph (6), for “person will, in the opinion of the Secretary of State, attain the age of 18” substitute “ child will, in the opinion of the Secretary of State, become an adult ”.

20 N.I. In Article 53 (parental responsibility for children in juvenile justice centres), for “person detained by the managers of a juvenile justice centre is under the age of 18” substitute “ child is being detained by the managers of a juvenile justice centre ”.

21 N.I. In Article 54 (escapes from juvenile justice centres)—

(a) in paragraph (1), for “under the age of 18” substitute “ still a child ”,

(b) omit paragraph (3)(b), and

(c) in paragraph (4), for “paragraph (3)(b)(ii) or (c)” substitute “ paragraph (3)(c) ”.

Terrorism Act 2000 (c. 11) N.I.

22 F113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 Sch. 11 paras. 22-24 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5, Sch.

23 N.I. F114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Sch. 11 paras. 22-24 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5, Sch.

24 N.I. F115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 11 paras. 22-24 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5, Sch.

Section 85

SCHEDULE 12 N.I. Minor and consequential amendments

Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) N.I.

1 Section 18(3) of the Criminal Justice Act (Northern Ireland) 1945 (prosecution of offences against a corporation) shall continue to have effect with the substitution (originally made by Article 10 of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))) of “an indictment has been presented” for the words from “a grand jury” to “a true Bill”.

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) N.I.

2 Section 20(3) of the Interpretation Act (Northern Ireland) 1954 (offences by bodies corporate) shall continue to have effect with the substitution (originally made by Article 9(3) of the Prosecution of Offences (Northern Ireland) Order 1972) of “except by or with the consent of the Attorney-General or the Director of Public Prosecutions for Northern Ireland” for “except upon the direction of the Attorney-General”.

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) N.I.

3 The County Courts Act (Northern Ireland) 1959 has effect subject to the following amendments.

4 (1) Section 102 (appointment and assignment of judges) is amended as follows. N.I.

(2) In subsection (4) (assignment of one judge to each division), for “one judge” substitute “ one or more judges ”.

(3) In subsection (5) (judge assigned to Belfast or Londonderry to be Recorder), after “judge” insert “ , or (if more than one) one of the judges, ”.

5 N.I. In section 106(2) (salary payable to judge from date on which he takes the oaths required by section 105(3)), for “oaths required by section 105(3)” substitute “ required oath or makes the required affirmation and declaration ”.

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) N.I.

6 Sections 73, 96, 97, 106(1) and 120 of, and paragraph 12 of Schedule 8 to, the Electoral Law Act (Northern Ireland) 1962 (prosecution of offences disclosed on election petitions) shall continue to have effect with the substitution (originally made by Article 9(1) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) of “The Director of Public Prosecutions for Northern Ireland” for “The Chief Crown Solicitor”.

Law Commissions Act 1965 (c. 22) N.I.

7 The Law Commissions Act 1965 has effect subject to the following amendments.

8 N.I. In section 1(1) (purpose of Law Commission), after “of the law” insert “ of England and Wales ”.

9 N.I. In section 3(4) (duty of Law Commission and Scottish Law Commission to consult each other), insert at the end “ and the Northern Ireland Law Commission ”.

Valid from 12/04/2010

Administration of Justice Act 1973 (c. 15) N.I.

10 The Administration of Justice Act 1973 has effect subject to the following amendments.

Valid from 12/04/2010

11 N.I. In section 9(5) (judicial salaries), after “Salaries payable” insert “ under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable ”.

Valid from 12/04/2010

12 N.I. In section 12(1) (retirement of higher judiciary in event of incapacity), after “Northern Ireland” insert “ (other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies) ”.

Prospective

Judicature (Northern Ireland) Act 1978 (c. 23) N.I.

F116 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 Sch. 12 para. 13 omitted (12.4.2010) by virtue of Northern Ireland Act 2009 (c. 3), s. 5(7), Sch. 4 para. 37 (with Sch. 5 para. 16); S.I. 2010/812, art. 2

Prospective

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) N.I.

14 In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders), after sub-paragraph (b) insert—

“(ba) a custody care order under Article 44A of that Order of 1998;”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47) N.I.

15 (1) Section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal to Court of Appeal) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), after “1996” insert “ or a youth conference order ”, and

(b) in paragraph (b), after “community order” insert “ or the youth conference order ”.

(3) In subsection (3)(c), for “paragraph 4(1)(a)” substitute “ paragraph (a), or against whom an order is made under paragraph (b) or (c), of paragraph 4(1) ”.

(4) After that subsection insert—

“(3A) A person may appeal to the Court of Appeal against a decision under paragraph 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) not to revoke an order which is in force with respect to him; and on such an appeal the Court of Appeal may do anything which the Crown Court could do under that paragraph.

(3B) A person may appeal to the Court of Appeal against the dismissal of an application to the Crown Court under paragraph 5 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) to make an order under sub-paragraph (1) of that paragraph.”

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) N.I.

16 The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 has effect subject to the following amendments.

17 N.I. In Article 1(3) (power to bring into force paragraphs 1(b) and 5 of Part 1 of Schedule 1 to that Order), for “Paragraphs 1(b) and 5” substitute “ Paragraph 1(b) ”.

Prospective

18 N.I. F117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 Sch. 12 paras. 18-22 repealed (2.11.2003) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 (with art. 45); S.R. 2003/440, art. 3, Sch.

Prospective

19 N.I. F118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 12 paras. 18-22 repealed (2.11.2003) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 (with art. 45); S.R. 2003/440, art. 3, Sch.

Prospective

20 N.I. F119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119 Sch. 12 paras. 18-22 repealed (2.11.2003) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 (with art. 45); S.R. 2003/440, art. 3, Sch.

Prospective

21 N.I. F120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 Sch. 12 paras. 18-22 repealed (2.11.2003) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 (with art. 45); S.R. 2003/440, art. 3, Sch.

Prospective

22 N.I. F121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Sch. 12 paras. 18-22 repealed (2.11.2003) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)), arts. 1(2), 49(2), Sch. 5 (with art. 45); S.R. 2003/440, art. 3, Sch.

23 N.I. In Article 28(2) (free legal aid in the magistrates’ court: representation by counsel), for “proceedings” substitute “ defence ”.

24 N.I. In Article 31 (resolution of doubts), after “28,” insert “ 28A, ”.

25 N.I. In Article 32 (statements for purposes of free legal aid), after “28,” insert “ 28A, ”.

26 N.I. In Article 36(3) (rules about free legal aid in criminal proceedings), after sub-paragraph (b) insert—

“(bb) the form for the purpose of Article 28A(2)(a);”.

27 N.I. In Article 39 (interpretation of Part 3)—

(a) after the definition of “the certifying authority” insert—

““child” has the meaning given in Article 2(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

“court-ordered youth conference” has the meaning assigned to that expression by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;,”

(b) in the definition of “criminal aid certificate” after “28(1),” insert “ 28A(3), ”, and

(c) after that definition insert—

• ““diversionary youth conference” has the meaning assigned to that expression by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

Commencement Information

I13 Sch. 12 para. 27 wholly in force at 30.8.2005; Sch. 12 para. 27 not in force at Royal Assent see s. 87; Sch. 12 para. 27 in force for certain purposes at 1.12.2003 by S.R. 2003/488, art. 2, Sch.; Sch. 12 para. 27 in force for remaining purpose at 30.8.2005 by S.R. 2005/391, art. 2, Sch. para. 9(a)

Prospective

F122 28 N.I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122 Sch. 12 para. 28 repealed (1.4.2015) by Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435), art. 1(2), Sch. 5 (with art. 45); S.R. 2015/194, art. 2, Sch. (with art. 3)

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I 1981/1675 (N.I. 26)) N.I.

29 The Magistrates’ Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

Prospective

30 N.I. In Article 47(6) (period of remand), after “1998” insert “; and

(ba) a custody care order within the meaning of that Order.”

31 (1) Article 140 (appeals to county court) is amended as follows. N.I.

(2) In paragraph (2), for “made on conviction,” substitute “ passed on the person for the offence, whether on conviction or in subsequent proceedings, ”.

(3) After that paragraph insert—

“(2A) A person may appeal to a county court against—

(a) a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

(b) the dismissal of an application under Part 3 or 4 of that Schedule;

(c) a fine imposed, or an order made, under Article 41(2) or 44F(3) or (4) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

(d) an order made under Article 44C(3)(a) or 54(3)(a) of that Order;

(e) an order made under paragraph 3 of Schedule 1A to that Order; or

(f) the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph.”

Commencement Information

I14 Sch. 12 para. 31 partly in force; Sch. 12 para. 31 not in force at Royal Assent, see s. 87; Sch. 12 para. 31 in force for certain purposes at 1.12.2003 by S.R. 2003/488, art. 2, Sch.

Prospective

Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17)) N.I.

32 The Child Abduction (Northern Ireland) Order 1985 has effect subject to the following amendments.

Prospective

33 N.I. In Article 3(7) (application of offence of abduction of child in care or subject to certain orders) insert at the end “or a custody care order.”

Prospective

34 (1) Paragraph 4 of the Schedule (modifications of Article 3 for children in certain cases) is amended as follows. N.I.

(2) In sub-paragraph (1), after “order” insert “ or a custody care order ”.

(3) In sub-paragraph (2)(a)—

(a) after “consent of” insert “ , in the case of a juvenile justice centre order, ”, and

(b) after “juvenile justice centre” insert “ or, in the case of a custody care order, the appropriate authority within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998 ”.

(4) In sub-paragraph (3), insert at the end “ and “custody care order” has the same meaning as in Article 44A of that Order. ”

Prospective

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) N.I.

35 The Mental Health (Northern Ireland) Order 1986 has effect subject to the following amendments.

Prospective

36 N.I. In Article 44(8) (orders which can be made in conjunction with hospital or guardianship orders), for the words from “including” to the end substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998. ”

Prospective

37 N.I. In Article 50A(7) (remitting persons for trial following detention in hospital)—

(a) after sub-paragraph (d) insert “; or

(e) to secure accommodation;”, and

(b) for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.

Prospective

38 N.I. In Article 53(5)(a) (removal to hospital of certain persons serving sentences of imprisonment), for the words from “including” to “juvenile justice centre” substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9) ”.

Prospective

39 (1) Article 56 (further provision as to prisoners under sentence) is amended as follows. N.I.

(2) In paragraph (1)—

(a) for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”, and

(b) in sub-paragraph (b), after “juvenile justice centre” insert “ or the authority providing the secure accommodation ”.

(3) In paragraph (3), for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.

Prospective

40 (1) Article 61 (interpretation) is amended as follows. N.I.

(2) In paragraph (1A)—

(a) for “means any juvenile justice centre,” substitute “ means any young offenders centre, any juvenile justice centre, any secure accommodation, ”, and

(b) insert at the end “ ; and in this paragraph “young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)). ”

(3) After paragraph (1A) insert—

“(1B) In this Part “secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)) for the purpose of restricting liberty.”

Valid from 12/04/2010

Criminal Justice Act 1988 (c. 33) N.I.

41 In paragraph 12 of Schedule 3 to the Criminal Justice Act 1988 (reviews of sentencing: supplementary), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.

Prospective

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) N.I.

42 The Police and Criminal Evidence (Northern Ireland) Order 1989 has effect subject to the following amendments.

Prospective

43 (1) Article 2(2) (interpretation) is amended as follows. N.I.

(2) After the definition of “items subject to legal privilege” insert—

““juvenile justice centre” has the same meaning as in the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

(3) After the definition of “recordable offence” insert—

““secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995) for the purpose of restricting liberty;”.

(4) At the end insert—

““young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));”.

Prospective

44 N.I. In Article 2(5) (definition of “custodial establishment”), after “juvenile justice centre” insert “ , secure accommodation ”.

Prospective

45 N.I. In Article 19(1)(ca) (entry for purpose of arrest), after “juvenile justice centre” insert “ or secure accommodation ”.

Prospective

46 N.I. In Article 39(8) (place of safety), for “means any juvenile justice centre,” substitute “ means any young offenders centre, any juvenile justice centre, any secure accommodation, ”.

Child Support Act 1991 (c. 48) N.I.

47 In paragraph 8 of Schedule 4 to the Child Support Act 1991 (application to Northern Ireland of provisions about Child Support Commissioners), after sub-paragraph (a) insert—

“(aa) paragraph 1(3) were omitted;”.

Prospective

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) N.I.

48 In Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992, in paragraph 1(1)(b) (exclusion of entitlement to child benefit for children in detention, care, etc.), after “juvenile justice centre” insert “ or kept in secure accommodation under a custody care order ”.

Criminal Appeal Act 1995 (c. 35) N.I.

49 (1) Section 22 of the Criminal Appeal Act 1995 (meaning of public body etc.) is amended as follows.

(2) In subsection (3)(a), for “Office of the Director of Public Prosecutions for Northern Ireland” substitute “ Public Prosecution Service for Northern Ireland ”.

(3) In subsection (4)(c), for “Office of the Director of Public Prosecutions for Northern Ireland, that Director” substitute “ Public Prosecution Service for Northern Ireland, the Director of Public Prosecutions for Northern Ireland ”.

Prospective

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) N.I.

50 The Children (Northern Ireland) Order 1995 has effect subject to the following amendments.

Prospective

51 N.I. In Article 70(7) (provisions which do not apply to those providing refuges for children at risk), after sub-paragraph (b) insert—

“(bb) Article 44C(5) of that Order (escape by child ordered to be kept in secure accommodation under a custody care order);”.

Prospective

52 N.I. In paragraph 4(1)(b) of Schedule 4 (directions under education supervision orders where child is subject to other orders), for “or a juvenile justice centre order” substitute “ , a juvenile justice centre order or a custody care order, ”.

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) N.I.

54 The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

55 (1) Article 2(2) (interpretation) is amended as follows. N.I.

(2) In the definition of “community order”, after paragraph (c) insert—

“(ca) a reparation order;

(cb) a community responsibility order;”.

(3) After that definition insert—

• ““community responsibility order” means an order under Article 36E of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);”.

(4) In the definition of “custodial sentence”, insert at the end—

“(iv) an order under Article 44A of that Order sending the offender to secure accommodation;”.

(5) After the definition of “probation period” insert—

““reparation order” means an order under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

(6) After the definition of “young offenders centre” insert—

““youth conference order” means an order under Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

Commencement Information

I15 Sch. 12 para. 55 partly in force; Sch. 12 para. 55 not in force at Royal Assent, see s. 87; Sch. 12 para. 55(1)-(3)(5)(6) in force at 1.12.2003 by S.R. 2003/488, art. 2, Sch.

56 N.I. In Article 9(3) (procedural requirements for community orders), at the end insert—

“(ca) a reparation order; and

(cb) a community responsibility order.”

Prospective

57 N.I. In Article 18(1) (restriction on imposing sentences of imprisonment or detention on persons not legally represented), after “order” insert “ or custody care order ”.

58 N.I. In Article 19(3) (court not prevented from passing custodial sentence if offender refuses to consent to community sentence), insert at the end “or a youth conference order”.

Prospective

59 (1) Schedule 2 (enforcement of community orders) is amended as follows. N.I.

(2) In paragraph 11(3)—

(a) after “committed to” insert “ secure accommodation or ”, and

(b) after “assistance to” insert “ the authority keeping the child in secure accommodation, ”.

(3) In paragraph 18(3)—

(a) after “committed to” insert “ secure accommodation or ”, and

(b) after “assistance to” insert “ the authority keeping the child in secure accommodation, ”.

Sex Offenders Act 1997 (c. 51) N.I.

60 In section 4(1) of the Sex Offenders Act 1997 (young sex offenders), for paragraph (c) substitute—

“(c) a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9));

(ca) a period for which a person is ordered to be kept in secure accommodation under Article 44A of that Order;”.

Commencement Information

I16 Sch. 12 para. 60 partly in force; Sch. 12 para. 60 not in force at Royal Assent see s. 87; Sch. 12 para. 60 in force for certain purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch.

Prospective

Police (Northern Ireland) Act 1998 (c. 32) N.I.

61 In section 42(3) of the Police (Northern Ireland) Act 1998 (copies of reports of inspectors of constabulary relating to Police Service etc.), insert at the end (but not as part of paragraph (b))—

“and, if the report was received under section 41(2), to the Chief Inspector of Criminal Justice in Northern Ireland.”

Prospective

Northern Ireland Act 1998 (c. 47) N.I.

62 The Northern Ireland Act 1998 has effect subject to the following amendments.

63 N.I. In section 75(3) (duty on public authorities to have regard to need to promote equality of opportunity and good relations between different groups), after paragraph (cd) (inserted by section 38 of this Act) insert—

“(ce) the Chief Inspector of Criminal Justice in Northern Ireland;

(cf) the Northern Ireland Law Commission;”.

Commencement Information

I17 Sch. 12 para. 63 wholly in force at 16.4.2007; Sch. 12 para. 63 not in force at Royal Assent, see s. 87; Sch. 12 para. 63 in force for certain purposes at 1.1.2005 by S.R. 2004/502, art. 2; Sch. 12 para. 63 otherwise in force at 16.4.2007 by S.R. 2007/237, art. 2, Sch.

64 N.I. In section 76(7) (discrimination by public authorities), after “Probation Board for Northern Ireland;” insert—

“(fa) the Chief Inspector of Criminal Justice in Northern Ireland;

(fb) the Northern Ireland Law Commission;”.

Commencement Information

I18 Sch. 12 para. 64 wholly in force at 16.4.2007; Sch. 12 para. 64 not in force at Royal Assent, see s. 87; Sch. 12 para. 64 in force for certain purposes at 1.1.2005 by S.R. 2004/502, art. 2; Sch. 12 para. 64 otherwise in force at 16.4.2007 by S.R. 2007/237, art. 2, Sch.

Valid from 12/04/2010

65 (1) Schedule 3 (reserved matters) is amended as follows. N.I.

(2) In paragraph 1 (conferral of functions on Ministers of the Crown), insert at the end “apart from the Advocate General for Northern Ireland”.

(3) In paragraph 9 (criminal law, prosecutions etc.), after the second sentence insert—

“This paragraph does not include any matter concerning the Advocate General for Northern Ireland.”

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) N.I.

66 The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

67 (1) Article 2 (interpretation) is amended as follows. N.I.

(2) In paragraph (2), in the definitions of “community order”, “community sentence” and “custodial sentence”—

(a) insert at the beginning “ “combination order”,”, and

(b) after “ “community sentence”” insert “ , “community service order” ”.

(3) After those definitions insert—

““community responsibility order” means an order under Article 36E;

“custody care order” means an order under Article 44A;”.

(4) In that paragraph, after the definition of “custody officer” insert—

““Director” means the Director of Public Prosecutions for Northern Ireland;”.

(5) In that paragraph, after the definition of “notice” insert—

““Order Book” means the Order Book required to be kept under rule 19 of the Magistrates’ Courts Rules (Northern Ireland) 1984 (SR 1984 No. 225);”.

(6) In that paragraph, after the definition of “parental responsibility” insert—

““place of safety” has the same meaning as in Article 39(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (N.I. 12);

“police officer” and “police support staff” have the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32);

“probation order” means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);”.

(7) In that paragraph, after the definition of “relative” insert—

““remand centre” has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));

“reparation order” means an order under Article 36A;

“responsible officer”—

(a) in relation to an offender subject to a reparation order, has the meaning assigned to it by Article 36D(2);

(b) in relation to an offender subject to a community responsibility order, has the meaning assigned to it by Article 36E(4); and

(c) in relation to an offender subject to a youth conference order, has the meaning assigned to it by Article 36K(3);

“secure accommodation” means accommodation provided for the purpose of restricting liberty;”.

(8) At the end of that paragraph insert—

““youth conference” has the meaning given by Article 3A, “diversionary youth conference” has the meaning given by Article 10A(2) and “court-ordered youth conference” has the meaning given by Article 33A(5);

“youth conference co-ordinator” means a person designated under Article 3A(3);

“youth conference order” has the meaning given by Article 36J(2);

“youth conference plan” has the meaning given by Article 3C.”

(9) After paragraph (3) insert—

“(4) References in this Order to an offence punishable, in the case of an adult, with imprisonment are to be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of adults who are under the age of 21.

(5) References in this Order to associated offences are to be construed in accordance with Article 2(7) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24).”

Commencement Information

I19 Sch. 12 para. 67 partly in force; Sch. 12 para. 67 not in force at Royal Assent, see s. 87; Sch. 12 para. 67 in force for certain purposes at 1.12.2003 by S.R. 2003/488, art. 2, Sch.

Prospective

68 N.I. In Article 8(3) and (4) (child not released under Article 7), for “a juvenile justice centre” substitute “ secure accommodation provided by or on behalf of the appropriate authority ”.

69 (1) Article 13 (remand in custody) is amended as follows. N.I.

(2) In paragraph (1), for the words after “open court” substitute “and—

(a) if the child has not attained the age of 14, shall make an order committing him to secure accommodation provided by or on behalf of the appropriate authority;

(b) if the child has attained the age of 14 but has not attained the age of 17, shall (subject to paragraph (1A)) make an order committing him to a juvenile justice centre; and

(c) if the child has attained the age of 17, shall (subject to paragraph (1B)) make an order committing him to a young offenders centre.”

(3) After that paragraph insert—

“(1A) In the case of a child who has attained the age of 15 but has not attained the age of 17 the court shall make an order committing him to a young offenders centre (and not an order committing him to a juvenile justice centre) if it considers that he is likely to injure himself or another person.

(1B) In the case of a child—

(a) who has attained the age of 17 but who, at the time of the court’s first decision in respect of the offence in question not to release him on bail, has not attained the age of 17 years and six months; and

(b) who has not had a custodial sentence imposed on him within the last two years,

the court shall make an order committing him to a juvenile justice centre (and not an order committing him to a young offenders centre) if, after considering a report made by a probation officer, it considers that it is in his best interests to make such an order.

(1C) An order under this Article shall commit the child for the period for which he is remanded or until he is brought back before the court.”

Commencement Information

I20 Sch. 12 para. 69 partly in force; Sch. 12 para. 69 not in force at Royal Assent see s. 87; Sch. 12 para. 69(3) in force and Sch. 12 para. 69(1) in force for certain purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch.

70 N.I. In Article 30(3) (powers of youth court when child becomes adult)—

(a) after “a community order” insert “ , a youth conference order ”, and

(b) after “the community order” (in both places) insert “ or youth conference order ”.

71 N.I. In Article 37(4) (requirements of attendance centre orders), for the words from “be such” to the end substitute “ , so far as practicable, be such as to avoid any conflict with the child’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment. ”

72 N.I. In Article 39(1) (juvenile justice centre orders)—

(a) after “a child” insert “ who has attained the age of 14 ”, and

(b) for “to which Article 45(1) applies” substitute “ the sentence for which is, in the case of an adult, fixed by law as imprisonment for life ”.

Commencement Information

I21 Sch. 12 para. 72 partly in force; Sch. 12 para. 72 not in force at Royal Assent see s. 87; Sch. 12 para. 72(b) in force at 30.8.2005 by S.R. 2005/391, art. 2, Sch.

73 (1) Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows. N.I.

(2) In paragraph (2)—

(a) for “in any of” substitute “ in either of ”,

(b) for sub-paragraph (a) substitute—

“(a) it may impose on him a fine not exceeding £1,000;”,

and

(c) for paragraphs (i) and (ii) of sub-paragraph (b) substitute—

“(i) in a juvenile justice centre if he has not attained the age of 17 or falls within paragraph (2A); or

(ii) in a young offenders centre in any other case.”

(3) After that paragraph insert—

“(2A) The offender falls within this paragraph if he—

(a) has attained the age of 17;

(b) has not attained the age of 18 and will not attain that age within the next 30 days; and

(c) has not had a custodial sentence (other than the juvenile justice centre order in question) imposed on him within the last two years,

and the court, after considering a report made by a probation officer, considers that it is in his best interests to order him to be detained in a juvenile justice centre (and not in a young offenders centre).

(2B) Where the court imposes a fine on the offender under paragraph (2)(a)—

(a) if he has not attained the age of 16, it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing; and

(b) if he has attained that age but has not attained the age of 18, it may so order.

(2C) A fine ordered under paragraph (2B) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the juvenile justice centre order was made.

(2D) A parent or guardian may appeal to a county court against an order under paragraph (2B).”

Commencement Information

I22 Sch. 12 para. 73 partly in force; Sch. 12 para. 73 not in force at Royal Assent see s. 87; Sch. 12 para. 73(2)(c)(3) in force and Sch. 12 para. 73(1) in force for certain purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch.

75 N.I. In Article 56(5)(a) (power to provide for functions of Juvenile Justice Board to include power to make schemes for children subject to attendance centre orders or juvenile justice centre orders), after “subject to” insert “ reparation orders, community responsibility orders, a youth conference plan, ”.

Prospective

Northern Ireland Act 2000 (c. 1) N.I.

76 The Northern Ireland Act 2000 has effect subject to the following amendments.

Prospective

77 N.I. In section 1(4) (effect on offices of suspension of devolved government), after “junior Minister,” insert “ as Attorney General for Northern Ireland ”.

Prospective

78 N.I. In section 3 (restoration of devolved government), insert at the end—

“(8) If the period of appointment of the person who held office as Attorney General for Northern Ireland immediately before the date on which section 1 came into force has not expired, he resumes office on the effective date.”

Prospective

79 N.I. In the Schedule (provisions applicable during suspension of devolved government), after paragraph 5 insert—

“5A If the office of Attorney General is vacant at the time when section 1 comes into force, or becomes vacant at any time while that section is in force, no steps are to be taken to fill the vacancy while that section is in force; but if a restoration order is subsequently made, the vacancy is to be filled in accordance with section 22 of the Justice (Northern Ireland) Act 2002.”

Terrorism Act 2000 (c. 11) N.I.

80 In paragraph 39(4)(b) and (6)(b) of Schedule 4 to the Terrorism Act 2000 (compensation where restraint order is discharged), for “member of the Office of the Director of Public Prosecutions for Northern Ireland” substitute “ member of staff of the Public Prosecution Service for Northern Ireland ”.

Prospective

Regulatory Reform Act 2001 (c. 6) N.I.

81 F123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Sch. 12 para. 81 repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), ss. 30, 33, Sch. (with s. 30(2)-(5))

Section 86

SCHEDULE 13 N.I. Repeals and revocations

Commencement Information

I23 Sch. 13 partly in force; Sch. 13 not in force at Royal Assent, see s. 87; Sch. 13 in force for certain purposes at 15.10.2002 by S.R. 2002/319, art. 2, Sch.; Sch. 13 in force for certain further purposes at 1.10.2003 by S.R. 2003/416, art. 2; Sch. 13 in force for certain further purposes at 1.12.2003 by S.R. 2003/488, art. 2, Sch.; Sch. 13 in force for certain further purposes at 1.4.2005 by S.R. 2005/109, art. 2, Sch.; Sch. 13 in force for certain further purposes at 13.6.2005 and 15.6.2005 by S.R. 2005/281, arts. 2, 3. Schs. 1, 2; Sch. 13 in force for certain further purposes at 30.8.2005 by S.R. 2005/391, art. 2, Sch.; Sch. 13 in force for certain further purposes at 3.4.2006 by S.R. 2006/124, art. 2, Sch.; Sch. 13 in force for certain further purposes at 16.4.2007 by S.R. 2007/237, art. 2, Sch.

Short title and chapter or title and number	Extent of repeal or revocation
Promissory Oaths Act 1868 (c. 72)	Section 4. Section 6 . In the Schedule, in the Second Part, the entry relating to Ireland.
Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))	Section 19.
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))	In section 42(4), in the definition of “committed for trial”, the words “, justice of the peace”.
Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))	Section 2(2).
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))	Section 105(1), (1A) and (3). In section 107(7), the words “, except a resident magistrate,”. Section 136(a).
Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))	In section 1(3), in the definition of “resident magistrate”, the words “or a temporary resident magistrate appointed under any enactment repealed by this Act”. Section 7. Section 9(2). In section 10(1), the words “, or have previously been,”. Section 11. In section 12A(1), the words “other than a resident magistrate”.
Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))	In section 2, in subsection (1), the words “Subject to subsections (4) and (4A),” and subsections (4) and (4A).
Law Commissions Act 1965 (c. 22)	Section 1(5).
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))	Section 178(3). In Schedule 2, paragraphs 1, 2, 2A, 3(2), 6 and 8(a).
Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.))	In section 2(2), paragraph (f) and the word “or” before it and the words “or paragraph (f)”.
Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))	The whole Order.
Northern Ireland Constitution Act 1973 (c. 36)	Section 10(1). Section 34.
Northern Ireland (Modification of Enactments -No. 1) Order 1973 (S.I. 1973/2163)	In Schedule 2, the entry for the Lands Tribunal and Compensation Act (Northern Ireland) 1964. In Schedule 5, paragraph 50(a).
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 1 of Schedule 1, the words “the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 or”.
Energy Act 1976 (c. 76)	In Schedule 2, in paragraph 6(4), the words following paragraph (b).
Internationally Protected Persons Act 1978 (c. 17)	In section 2(1), the words following paragraph (b).
Judicature (Northern Ireland) Act 1978 (c. 23)	In section 2(1), the words “who shall be president thereof”. In section 3(1), the words “who shall be president thereof”. In section 4(1), the words “who shall be president thereof”. Section 13. In section 51(5), the words “or a justice of the peace” and the words “or justices”. In section 51A(6), the words “or (f)”. Section 71(1), (2) and (4). Section 75(3). Section 99(1). F124 In Schedule 2, the entry relating to the Lord Chief Justice’s Office. In Schedule 3, the entries relating to the Principal Secretary to the Lord Chief Justice and the Legal Secretary to the Lord Chief Justice and column 2 of the other entries. In Schedule 5, the entries relating to sections 2(1), 2(2) and 3, 2(3) and 6(2) of the Coroners Act (Northern Ireland) 1959, section 105 of the County Courts Act (Northern Ireland) 1959 and sections 7 and 11 of the Magistrates’ Courts Act (Northern Ireland) 1964, in the entry relating to section 10(1) of that Act, the words “for the word “Governor” wherever it occurs substitute the words “Lord Chancellor” and” and the entries relating to section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964, section 21(2) of the Treatment of Offenders Act (Northern Ireland) 1968, section 178 of, and paragraphs 1(1) and 3(2) and paragraphs 1(2), (3) and (4), 2(2) and 6 of Schedule 2 to, the Children and Young Persons Act (Northern Ireland) 1968 and the Prosecution of Offences (Northern Ireland) Order 1972.
Suppression of Terrorism Act 1978 (c. 26)	In section 4(4), the words following paragraph (b).
Interpretation Act 1978 (c. 30)	In Schedule 1, in the definition of “committed for trial”, in paragraph (b), the words “, justice of the peace”.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S. I. 1978/1908 (N.I. 27))	Article 6(6)(c).
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))	F125 . . .
Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))	In Part 2 of Schedule 1, paragraphs 65 to 68.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))	In Article 4(2), the word “or” following sub-paragraph (a). Article 10(6). In Article 34, the words “within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998”. In Part 1 of Schedule 1, paragraph 5.
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))	In Article 2(3), in the definition of “resident magistrate”, the words “or a temporary resident magistrate appointed under any enactment repealed by that Act of 1964”. In Article 18, paragraph (3) and, in paragraph (4)(a), the words “or other justice of the peace” and the words “or, as the case may be, paragraph (3),”. In Article 34, in paragraphs (3) and (4), the words “or other justice of the peace” and, in paragraph (5), the words “or justice of the peace”. Article 44(5). Article 90(4). In Article 152, the words “or other justice of the peace having jurisdiction in the same petty sessions district as the court which made the original order”. In Article 158A(3), the words “or another justice of the peace (as the case may be)”. F125 In Schedule 1, in paragraph 4, the words “and section 6(2A)” and Part 2.
Civil Aviation Act 1982 (c. 16)	In section 92, in subsection (2), the words following paragraph (b) and subsection (6).
Administration of Justice Act 1982 (c. 53)	Section 72(2). In Schedule 8, paragraph 2.
Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10))	Article 14. In Article 15(1), sub-paragraph (b) and the word “and” before it.
Criminal Justice Act 1987 (c. 38)	In Schedule 1, paragraph 5(2). In Schedule 2, paragraph 6.
Courts and Legal Services Act 1990 (c. 41)	Section 109(4).
Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))	In Article 8(5), paragraph (b) and the word “and” before it.
Criminal Justice (Northern Ireland) Order 1991 (S.I. 1991/1711 (N.I. 16))	Article 7(3).
Social Security Administration (Northern Ireland) Act 1992 (c. 8)	In Schedule 2, paragraph 1(4).
Radioactive Substances Act 1993 (c. 12)	Section 38(3).
Criminal Procedure and Investigations Act 1996 (c. 25)	In section 1 (as it applies to Northern Ireland), in subsection (2)(e), the words “or (f)”. In section 39 (as it applies to Northern Ireland), in subsection (2)(a), the words “or (f)”. In Schedule 3 (as it applies to Northern Ireland), in paragraph 8(1)(b), the words “or (f)”.
Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))	Article 22(4)(a).
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))	In Schedule 2, the entry relating to members of juvenile court panels.
Police (Northern Ireland) Act 1998 (c. 32)	In section 58, in subsection (3), the words “under the Prosecution of Offences (Northern Ireland) Order 1972” and subsection (4).
Northern Ireland Act 1998 (c. 47)	In section 7(1), the word “and” after paragraph (b). In Schedule 2, in paragraph 11, the words “lay magistrates, justices of the peace, members of juvenile court panels,”. In Schedule 10, in paragraph 6, the words “or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly”, in paragraph 12, in sub-paragraph (1), the words “or defended” and, in sub-paragraph (2), the words “or the First Minister and the deputy First Minister acting jointly”, in paragraph 14, the words “or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly”, in paragraph 22, in sub-paragraph (1), the words “or defended” and, in sub-paragraph (2), the words “or the First Minister and the deputy First Minister acting jointly”, in paragraph 24, the words “or, where such intimation is given to the First Minister and the deputy First Minister, those Ministers acting jointly” and paragraph 36.
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))	Article 4. Article 54(3)(b). Article 55. In Schedule 5, paragraphs 14, 25, 26(b), 27, 28(a)(i) and (b) and 46(a).
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))	Article 7(5). In Schedule 1, paragraph 1(3).
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))	Article 82(4).
Access to Justice Act 1999 (c. 22)	In section 98(3), paragraph (b) and the word “and” before it.
Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))	In Article 2(2), in the definition of “judge”, the words “or justice of the peace”.
Welfare Reform and Pensions Order 1999 (S.I. 1999/3147 (N.I. 11))	In Article 40(2), the word “or” at the end of sub-paragraph (f).
Freedom of Information Act 2000 (c. 36)	In Schedule 1, in Part 7, the entries relating to the Advisory Committee on Juvenile Court Lay Panel (Northern Ireland) and the Law Reform Advisory Committee for Northern Ireland.
Justice (Northern Ireland) Act 2002 (c. 26)	Section 9(10) and (13). In section 90(4), the words “9(4),”. In Schedule 6, the entries relating to justices of the peace and members of panels formed under Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)).

Textual Amendments

F124 Sch. 13: entry repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 146, 148, Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30

F125 Sch. 13: entries repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, 148, Sch. 5 para. 128(2), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 12, 30