Justice (Northern Ireland) Act 2004

Section 11

SCHEDULE 2 Bail under Terrorism Act 2000

Offence of absconding by person admitted to bail

1 (1) If a person who has been admitted to bail fails without reasonable cause to surrender to custody, he shall be guilty of an offence.

(2) If a person who—

(a) has been admitted to bail, and

(b) has, with reasonable cause, failed to surrender to custody,

fails to surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable, he shall be guilty of an offence.

(3) A person guilty of an offence under sub-paragraph (1) or (2) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or to a fine or to both.

(4) In Article 29(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (right to claim trial by jury for summary offence if maximum term of imprisonment exceeds six months, subject to specified exceptions) after sub-paragraph (h) (added by section 12(5)) add—

“(i) paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by person admitted to bail in respect of a scheduled offence).”

(5) In Part 1 of Schedule 9 to the Terrorism Act 2000 (c. 11) (scheduled offences) after paragraph 22 insert—

“Justice (Northern Ireland) Act 2004

22A Offences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), subject to note 1 below.”

Arrest for absconding or breaking conditions of bail

2 (1) This paragraph applies to a person who—

(a) has been admitted to bail; and

(b) is under a duty to surrender into the custody of a court.

(2) If a person to whom this paragraph applies fails to surrender to custody at the time appointed for him to do so, the court may issue a warrant for his arrest.

(3) If a person to whom this paragraph applies—

(a) surrenders into the custody of a court; but

(b) absents himself (otherwise than in accordance with permission given by or on behalf of the court) from the court at any time before the court is ready to begin or to resume the hearing of the proceedings,

that court may issue a warrant for his arrest.

(4) A constable may arrest without warrant any person to whom this paragraph applies—

(a) if the constable has reasonable grounds for believing that that person is not likely to surrender to custody;

(b) if the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or

(c) in a case where that person was admitted to bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.

(5) If, on an application made by a constable, a justice of the peace is satisfied that—

(a) there are reasonable grounds for believing that a person who is liable to arrest under sub-paragraph (4) is to be found on premises specified in the application; and

(b) any of the conditions specified in sub-paragraph (6) is satisfied, he may issue a warrant authorising a constable to enter those premises (if need be by force) and search them for the purpose of arresting that person.

(6) The conditions mentioned in sub-paragraph (5) are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that entry to the premises will not be granted unless a warrant is produced;

(c) that the purpose of a search of the premises may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

Procedure where person arrested without warrant

3 (1) A person who is arrested under paragraph 2(4) shall be brought before a judge of the High Court or the Court of Appeal as soon as practicable after the arrest and in any event not later than—

(a) the next day following the day on which he is arrested, or

(b) if that day is a Sunday, Good Friday or Christmas Day, the next following day which is not one of those days.

(2) Sub-paragraph (1) does not require a person to be brought before a judge at any time when that person is in hospital and is not well enough.

(3) Where a person is brought before a judge under sub-paragraph (1), the judge—

(a) if of the opinion that he—

(i) is not likely to surrender to custody, or

(ii) has broken or is likely to break any condition of his bail,

may remand him in custody or commit him to custody (as the case may require) or, alternatively, may admit him to bail under and in accordance with section 67 of the Terrorism Act 2000 (c. 11) (subject to the same or to different conditions); and

(b) if not of that opinion, shall admit him to bail subject to the same conditions (if any) as were originally imposed.

(4) A person admitted to bail under sub-paragraph (3)(b) shall be treated for all purposes as having been admitted to bail under section 67 of the Terrorism Act 2000.

Procedure where offences certified as suitable for summary trial

4 (1) This paragraph applies where—

(a) a person is admitted to bail; and

(b) a certificate is issued under subsection (1)(b) of section 67 of the Terrorism Act 2000 (offences suitable for summary trial) in relation to the scheduled offence or (if he is charged with more than one such offence) all of the scheduled offences with which he is charged.

(2) As regards any time after the issue of the certificate, that person shall be treated for all purposes as if—

(a) he had been admitted to bail (within the meaning of Part II of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) by a magistrates' court, subject to the same conditions (if any) as those imposed under section 67 of the Terrorism Act 2000 (c. 11);

(b) any warrant for his arrest issued under paragraph 2(2) or (3) had been a warrant issued under Article 6(1) or (2) of the Criminal Justice (Northern Ireland) Order 2003; and

(c) (in a case where he has been arrested under paragraph 2(4)) he had been arrested under Article 6(3) of the Criminal Justice (Northern Ireland) Order 2003.

Application of this Schedule

5 This Schedule applies in relation to a person admitted to bail before, as well as after, it comes into force; but—

(a) paragraphs 1 to 3 apply only in relation to an act or failure of that person which occurs after this Schedule comes into force; and

(b) paragraph 4 applies only where the certificate mentioned in sub-paragraph (1)(b) of that paragraph is issued after this Schedule comes into force.