Décision No 8/16 du Forum pour la coopération en matière de sécurité
This section applies in relation to a person charged with one or more indictable offences (“the defendant”).
The Director of Public Prosecutions for Northern Ireland may issue a certificate that any trial on indictment of the defendant (and of any person committed for trial with the defendant) is to be conducted without a jury if—
he suspects that any of the following conditions is met, and
he is satisfied that in view of this there is a risk that the administration of justice might be impaired if the trial were to be conducted with a jury.
Condition 1 is that the defendant is, or is an associate (see subsection (9)) of, a person who—
is a member of a proscribed organisation (see subsection (10)), or
has at any time been a member of an organisation that was, at that time, a proscribed organisation.
Condition 2 is that—
the offence or any of the offences was committed on behalf of a proscribed organisation, or
a proscribed organisation was otherwise involved with, or assisted in, the carrying out of the offence or any of the offences.
Condition 3 is that an attempt has been made to prejudice the investigation or prosecution of the offence or any of the offences and—
the attempt was made on behalf of a proscribed organisation, or
a proscribed organisation was otherwise involved with, or assisted in, the attempt.
Condition 4 is that the offence or any of the offences was committed to any extent (whether directly or indirectly) as a result of, in connection with or in response to religious or political hostility of one person or group of persons towards another person or group of persons.
The Director of Public Prosecutions for Northern Ireland may not issue a certificate under subsection (2) if—
the proceedings are taken in Northern Ireland only by virtue of section 28 of the Counter-Terrorism Act 2008, and
it appears to the Director that the only condition that is met is condition 4.
In subsection (6) “religious or political hostility” means hostility based to any extent on—
religious belief or political opinion,
supposed religious belief or political opinion, or
the absence or supposed absence of any, or any particular, religious belief or political opinion.
In subsection (6) the references to persons and groups of persons need not include a reference to the defendant or to any victim of the offence or offences.
For the purposes of this section a person (A) is the associate of another person (B) if—
A is the spouse or a former spouse of B,
A is the civil partner or a former civil partner of B,
A and B (whether of different sexes or the same sex) live as partners, or have lived as partners, in an enduring family relationship,
A is a friend of B, or
A is a relative of B.
For the purposes of this section an organisation is a proscribed organisation, in relation to any time, if at that time—
it is (or was) proscribed (within the meaning given by section 11(4) of the Terrorism Act 2000 (c. 11)), and
its activities are (or were) connected with the affairs of Northern Ireland.
If a certificate under section 1 is issued in relation to any trial on indictment of a person charged with one or more indictable offences (“the defendant”), it must be lodged with the court before the arraignment of—
the defendant, or
any person committed for trial on indictment with the defendant.
A certificate lodged under subsection (1) may be modified or withdrawn by giving notice to the court at any time before the arraignment of—
the defendant, or
any person committed for trial on indictment with the defendant.
In this section “the court” means—
in relation to a time before the committal for trial on indictment of the defendant, the magistrates' court before which any proceedings for the offence or any of the offences mentioned in subsection (1) are being, or have been, conducted;
otherwise, the Crown Court.
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This section applies where a certificate under section 1 has been issued in relation to any trial on indictment of a person charged with one or more indictable offences.
In proceedings before a magistrates' court for the offence or any of the offences, if the prosecution requests the court to conduct a preliminary inquiry into the offence the court must grant the request.
In subsection (2) “preliminary inquiry” means a preliminary inquiry under the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
Subsection (2)—
applies notwithstanding anything in Article 31 of that Order,
does not apply in respect of an offence where the court considers that in the interests of justice a preliminary investigation should be conducted into the offence under that Order, and
does not apply in respect of an extra-territorial offence (as defined in section 1(3) of the Criminal Jurisdiction Act 1975 (c. 59)).
A trial on indictment in relation to which a certificate under section 1 has been issued is to be held only at the Crown Court sitting in Belfast, unless the Lord Chief Justice of Northern Ireland directs that— is to be held at the Crown Court sitting elsewhere.
the trial,
a part of the trial, or
a class of trials within which the trial falls,
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under subsection (1)—
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);
a Lord Justice of Appeal (as defined in section 88 of that Act).
If a person is committed for trial on indictment and a certificate under section 1 has been issued in relation to the trial, the person must be committed— and section 48 of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal for trial on indictment) has effect accordingly.
to the Crown Court sitting in Belfast, or
where a direction has been given under subsection (1) which concerns the trial, to the Crown Court sitting at the place specified in the direction;
Where— the person is to be treated as having been committed for trial to the Crown Court sitting at the relevant venue.
a person is committed for trial on indictment otherwise than to the Crown Court sitting at the relevant venue, and
a certificate under section 1 is subsequently issued in relation to the trial,
In subsection (4) “the relevant venue”, in relation to a trial, means—
if the trial falls within a class specified in a direction under subsection (1)(c) (or would fall within such a class had a certificate under section 1 been issued in relation to the trial), the place specified in the direction;
otherwise, Belfast.
Where— the person is to be treated as having been committed for trial to the Crown Court sitting at the place specified in the direction.
a person is committed for trial to the Crown Court sitting in Belfast in accordance with subsection (3) or by virtue of subsection (4), and
a direction is subsequently given under subsection (1), before the commencement of the trial, altering the place of trial,
The effect of a certificate issued under section 1 is that the trial on indictment of— is to be conducted without a jury.
the person to whom the certificate relates, and
any person committed for trial with that person,
Where a trial is conducted without a jury under this section, the court is to have all the powers, authorities and jurisdiction which the court would have had if the trial had been conducted with a jury (including power to determine any question and to make any finding which would be required to be determined or made by a jury).
Except where the context otherwise requires, any reference in an enactment (including a provision of Northern Ireland legislation) to a jury, the verdict of a jury or the finding of a jury is to be read, in relation to a trial conducted without a jury under this section, as a reference to the court, the verdict of the court or the finding of the court.
No inference may be drawn by the court from the fact that the certificate has been issued in relation to the trial.
Without prejudice to subsection (2), where the court conducting a trial under this section— the court may convict him of the other offence.
is not satisfied that a defendant is guilty of an offence for which he is being tried (“the offence charged”), but
is satisfied that he is guilty of another offence of which a jury could have found him guilty on a trial for the offence charged,
Where a trial is conducted without a jury under this section and the court convicts a defendant (whether or not by virtue of subsection (5)), the court must give a judgment which states the reasons for the conviction at, or as soon as reasonably practicable after, the time of the conviction.
A person convicted of an offence on a trial under this section may, notwithstanding anything in sections 1 and 10(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47), appeal to the Court of Appeal under Part 1 of that Act—
against his conviction, on any ground, without the leave of the Court of Appeal or a certificate of the judge of the court of trial;
against sentence passed on conviction, without that leave, unless the sentence is fixed by law.
Where a person is convicted of an offence on a trial under this section, the time for giving notice of appeal under section 16(1) of that Act is to run from the date of judgment (if later than the date from which it would run under that subsection).
Article 16(4) of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I. 9)) (leave of judge or Court of Appeal required for prosecution appeal under Part IV of that Order) does not apply in relation to a trial conducted under this section.
Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of sections 1 to 5.
Without limiting subsection (1), rules of court may in particular make provision for time limits which are to apply in connection with any provision of sections 1 to 5.
Nothing in this section is to be taken as affecting the generality of any enactment (including a provision of Northern Ireland legislation) conferring powers to make rules of court.
No court may entertain proceedings for questioning (whether by way of judicial review or otherwise) any decision or purported decision of the Director of Public Prosecutions for Northern Ireland in relation to the issue of a certificate under section 1, except on the grounds of—
dishonesty,
bad faith, or
other exceptional circumstances (including in particular exceptional circumstances relating to lack of jurisdiction or error of law).
Subsection (1) is subject to section 7(1) of the Human Rights Act 1998 (c. 42) (claim that public authority has infringed Convention right).
Nothing in sections 1 to 6 affects—
the requirement under Article 49 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) that a question of fitness to be tried be determined by a jury, or
the requirement under Article 49A of that Order that any question, finding or verdict mentioned in that Article be determined, made or returned by a jury.
Schedule 1 (minor and consequential amendments relating to trials on indictment without a jury) shall have effect.
The provisions of sections 1 to 7 and this section (and Schedule 1) apply in relation to offences committed before, as well as after, the coming into force of those provisions, but subject to any provision made by virtue of—
section 4 of the Terrorism (Northern Ireland) Act 2006 (c. 4) (transitional provision in connection with expiry etc of Part 7 of the Terrorism Act 2000 (c. 11)), or
section 53(7) of this Act.
An order under section 4 of the Terrorism (Northern Ireland) Act 2006 may make provision disregarding any of the amendments made by Schedule 1 to this Act for any purpose specified in the order.
Sections 1 to 8 (and Schedule 1) (“the non-jury trial provisions”) shall expire at the end of the period of two years beginning with the day on which section 1 comes into force (“the effective period”).
But the Secretary of State may by order extend, or (on one or more occasions) further extend, the effective period.
An order under subsection (2)—
must be made before the time when the effective period would end but for the making of the order, and
shall have the effect of extending, or further extending, that period for the period of two years beginning with that time.
The expiry of the non-jury trial provisions shall not affect their application to a trial on indictment in relation to which— before their expiry.
a certificate under section 1 has been issued, and
the indictment has been presented,
The expiry of section 4 shall not affect the committal of a person for trial in accordance with subsection (3) of that section, or by virtue of subsection (4) or (6) of that section, to the Crown Court sitting in Belfast or elsewhere in a case where the indictment has not been presented before its expiry.
The Secretary of State may by order make any amendments of enactments (including provisions of Northern Ireland legislation) that appear to him to be necessary or expedient in consequence of the expiry of the non-jury trial provisions.
An order under this section—
shall be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
After Article 26 of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) insert—
Schedule 2 (restrictions on disclosure of juror information: further amendments) shall have effect.
Subsection (1) does not have effect in relation to—
any information which identifies (or from which it is possible to identify) a particular person as having been a juror before the date on which that subsection comes into force, or
any information made available for inspection under Article 4 or 7 of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) before that date.
The Juries (Northern Ireland) Order 1996 is amended as follows.
In Article 4 (preparation of Jurors Lists), in paragraph (3), omit “whose name is”.
In Article 4, after paragraph (3) insert—
In Article 4, in paragraph (7)—
for the words from “full name” to “the occupation” substitute “ following information in respect ”;
at the end insert—
In Article 6 (form of panel), in paragraph (1), omit “with their addresses, and (subject to Article 4(10)(b)) occupations”.
In Article 6, after paragraph (1) insert—
In Article 8 of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) (summoning of jurors), after paragraph (1) insert—
Article 15 of the Juries (Northern Ireland) Order 1996 (challenges in criminal cases) is amended as follows.
In paragraph (1), omit sub-paragraph (a) (including the word “and” at the end).
In paragraph (2), for “shall challenge only” substitute “ may challenge any juror or jurors ”.
After paragraph (4) insert—
In section 71(1) of the Northern Ireland Act 1998 (c. 47) (Human Rights Commission: Convention rights proceedings: restrictions) for “section 6(2)(c), 24(1)(a) or 69(5)(b)” substitute “ section 6(2)(c) or 24(1)(a) ”.
After section 71(2) of that Act insert—
After section 69 of the Northern Ireland Act 1998 (Human Rights Commission functions) insert—
After section 69B of the Northern Ireland Act 1998 (c. 47) (inserted by section 15 above) insert—
In section 96(2) of the Northern Ireland Act 1998 (c. 47) (orders) after “55,” insert “ 69C(12), ”.
After section 69C of the Northern Ireland Act 1998 (inserted by section 16 above) insert—
After section 69(8) of the Northern Ireland Act 1998 (c. 47) (Commission: investigations) insert—
In section 69(9) omit “and investigations”.
Section 69(2) of the Northern Ireland Act 1998 (Commission to make recommendations about its functions) shall have effect in relation to the Commission's functions as amended by each of sections 14 to 18 of this Act as if the reference to the commencement of section 69 included a reference to the commencement of each of those sections.
The Commission may exercise a power conferred by section 15 or 16 only for the purpose of investigating matters arising, and situations that exist, on or after 1st August 2007.
The Commission may not exercise a power conferred by section 15 to require a person—
to provide information recorded before that date,
to provide information relating to a time before that date,
to produce a document created before that date,
to produce a document relating to a time before that date, or
to give oral evidence relating to a time before that date.
Where a document relates partly to a time before 1st August 2007 and partly to a time on or after that date, subsection (2)(d) applies to the document only in so far as it relates to a time before that date.
For the purposes of sections 69A(5) and 69C(7) of the Northern Ireland Act 1998 (as inserted by sections 15 and 16 above), a county court may make an order if it thinks that the Commission has failed to comply, or is not complying, with subsection (1) or (2) above.
A member of Her Majesty's forces on duty or a constable may stop a person for so long as is necessary to question him to ascertain his identity and movements.
A member of Her Majesty's forces on duty may stop a person for so long as is necessary to question him to ascertain—
what he knows about a recent explosion or another recent incident endangering life;
what he knows about a person killed or injured in a recent explosion or incident.
A person commits an offence if he—
fails to stop when required to do so under this section,
refuses to answer a question addressed to him under this section, or
fails to answer to the best of his knowledge and ability a question addressed to him under this section.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A power to stop a person under this section includes a power to stop a vehicle (other than an aircraft which is airborne).
If a member of Her Majesty's forces on duty reasonably suspects that a person is committing, has committed or is about to commit any offence he may—
arrest the person without warrant, and
detain him for a period not exceeding four hours.
A person making an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is making the arrest as a member of Her Majesty's forces.
For the purpose of arresting a person under this section a member of Her Majesty's forces may enter and search any premises in which he knows, or reasonably suspects, the person to be.
A member of Her Majesty's forces may seize, and detain for a period not exceeding four hours, anything which he reasonably suspects is being, has been or is intended to be used in the commission of an offence under section 31 and 32.
The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the Human Rights Act 1998 (c. 42).
A member of Her Majesty's forces on duty or a constable may enter any premises if he considers it necessary in the course of operations for the preservation of the peace or the maintenance of order.
A constable may not rely on subsection (1) to enter a building unless—
he has authorisation, or
it is not reasonably practicable to obtain authorisation.
Authorisation must be—
written authorisation from an officer of the Police Service of Northern Ireland of at least the rank of superintendent, or
if it is not reasonably practicable to obtain written authorisation, oral authorisation from an officer of the Police Service of Northern Ireland of at least the rank of inspector.
Written authorisation must relate to a specified area of Northern Ireland.
An officer giving oral authorisation shall make a written record as soon as is reasonably practicable.
Where a constable enters a building in reliance on subsection (1) he must ensure that as soon as is reasonably practicable a record is made of—
the address of the building (if known),
the location of the building,
the date of entry,
the time of entry,
the purpose of entry,
the police number of each constable entering, and
the police number and rank of the authorising officer (if any).
A written authorisation, or a record under subsection (5) or (6), must be kept by the person who gave or made it—
while any legal or complaint proceedings to which it might be relevant are pending, and
in any event, for at least 12 months.
A copy of a written authorisation or of a record under subsection (5) or (6) must be given as soon as is reasonably practicable to the owner or occupier of the premises to which it relates.
A copy of a written authorisation or of a record under subsection (5) or (6) must be given as soon as is reasonably practicable to any person who requests a copy and who has, in the opinion of the person who has the authorisation or record, sufficient reason for the request.
In subsection (7)(a) “complaint proceedings” means proceedings on a complaint made or referred to the Police Ombudsman for Northern Ireland in accordance with the Police (Northern Ireland) Act 1998 (c. 32).
Schedule 3 (which confers power to search for munitions and transmitters) shall have effect.
A member of Her Majesty's forces on duty who reasonably believes that a person is unlawfully detained in such circumstances that his life is in danger may enter and search any premises for the purpose of ascertaining whether the person is detained there.
A person may enter a dwelling in reliance on subsection (1) only if he is authorised for the purpose by a commissioned officer of Her Majesty's forces.
A power under section 24 or 25 to search premises shall, in its application to vehicles (by virtue of section 42), be taken to include—
power to stop a vehicle (other than an aircraft which is airborne), and
power to take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search.
A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
A person guilty of an offence under subsection (2) shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
In the application to a place or vehicle of a power to search premises under section 24 or 25—
a reference to the address of the premises shall be construed as a reference to the location of the place or vehicle together with its registration number (if any), and
a reference to the occupier of the premises shall be construed as a reference to the occupier of the place or the person in charge of the vehicle.
Where a search under Schedule 3 is carried out in relation to a vehicle, the person carrying out the search may, if he reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated—
require a person in or on the vehicle to remain with it;
require a person in or on the vehicle to go to and remain at any place to which the vehicle is taken by virtue of subsection (1)(b);
use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above.
Paragraphs 3(2) and (3), 6 and 7 of Schedule 3 shall apply to a requirement imposed under subsection (5) as they apply to a requirement imposed under that Schedule.
Paragraph 6 of Schedule 3 shall apply in relation to the search of a vehicle which is not habitually stationary only if it is moved for the purpose of the search by virtue of subsection (1)(b); and where that paragraph does apply, the reference to the address of the premises shall be construed as a reference to the location where the vehicle is searched together with its registration number (if any).
A member of Her Majesty's forces who performs a search under sections 24 to 26—
may examine any document or record found in order to ascertain whether it contains information of the kind mentioned in section 58(1)(a) of the Terrorism Act 2000 (c. 11) (information likely to be useful for terrorism), and
if necessary or expedient for the purpose of paragraph (a), may remove the document or record to another place and retain it there until the examination is completed.
Subsection (1) does not permit a person to examine a document or record if he has reasonable cause to believe that it is an item subject to legal privilege (within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))).
A document or record may not be retained by virtue of subsection (1)(b) for more than 48 hours.
A person who wilfully obstructs a member of Her Majesty's forces in the exercise of a power conferred by this section commits an offence.
A person guilty of an offence under subsection (4) shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Where a document or record is examined under section 27—
it shall not be photographed or copied, and
the person who examines it shall make a written record of the examination as soon as is reasonably practicable.
The record shall—
describe the document or record,
specify the object of the examination,
state the address of the premises where the document or record was found,
where the document or record was found in the course of a search of a person, state the person's name,
where the document or record was found in the course of a search of any premises, state the name of a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found,
where the document or record is removed for examination from the place where it was found, state the date and time when it was removed, and
where the document or record was examined at the place where it was found, state the date and time of examination.
The record shall identify the person by whom the examination was carried out by reference to his service number, rank and regiment.
Where a person makes a record of a search in accordance with this section, he shall as soon as is reasonably practicable supply a copy—
in a case where the document or record was found in the course of a search of a person, to that person, and
in a case where the document or record was found in the course of a search of any premises, to a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found.
If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order, he may authorise a person—
to take possession of land or other property;
to take steps to place buildings or other structures in a state of defence;
to detain property or cause it to be destroyed or moved;
to carry out works on land of which possession has been taken by virtue of this section;
to take any other action which interferes with a public right or with a private right of property.
If he considers it immediately necessary for the preservation of the peace or the maintenance of order, an officer may—
wholly or partly close a road;
divert or otherwise interfere with a road or the use of a road;
prohibit or restrict the exercise of a right of way;
prohibit or restrict the use of a waterway.
In this section “officer” means—
a member of Her Majesty's forces on duty, or
a person authorised for the purposes of this section by the Secretary of State.
A person commits an offence if he interferes with—
works executed in connection with the exercise of powers conferred by virtue of section 29 or 30, or
any apparatus, equipment or other thing used in connection with the exercise of those powers.
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his interference.
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
An authorisation to exercise powers under section 29 or 30 may authorise—
the exercise of all those powers, or
the exercise of a specified power or class of powers.
An authorisation to exercise powers under section 29 or 30 may be addressed—
to specified persons, or
to persons of a specified class.
If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order he may by order direct that a specified road—
shall be wholly closed,
shall be closed to a specified extent, or
shall be diverted in a specified manner.
A person commits an offence if he interferes with—
road closure works, or
road closure equipment.
A person commits an offence if—
he executes any bypass works within 200 metres of road closure works,
he has in his possession or under his control, within 200 metres of road closure works, materials or equipment suitable for executing bypass works, or
he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a) or (b).
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action, possession, control or permission.
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
In this section—
The Criminal Justice Act 2003 is amended as follows.
In section 50 (application of Part 7 to Northern Ireland), for subsection (2) substitute—
In Schedule 36, in paragraph 45(3), in the inserted section 48(6B)(b) of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal for trial on indictment), for “section 75 of the Terrorism Act 2000” substitute “ section 5 of the Justice and Security (Northern Ireland) Act 2007 ”.
“property” includes property wherever situated and whether real or personal, and things in action and other intangible or incorporeal property,
The Criminal Procedure and Investigations Act 1996 is, in its application to Northern Ireland (as set out in Schedule 4 to that Act), amended as follows. In section 14A(1) (public interest: review for scheduled offences), for the words from “the offence” to the end substitute “ section 5 of the Justice and Security (Northern Ireland) Act 2007 (trials on indictment without a jury) applies in relation to the trial of the accused for the offence charged ”. The heading of section 14A accordingly becomes “ Public interest: review for offences tried under section 5 of the Justice and Security (Northern Ireland) Act 2007 ”. In section 39(3)(a) (start of trial on indictment without a jury), for “section 75 of the Terrorism Act 2000” substitute “ section 5 of the Justice and Security (Northern Ireland) Act 2007 ”.
A person commits an offence if he— A person guilty of an offence under this paragraph shall be liable—
A person commits an offence if he fails to stop when required to do so under paragraph 4 or by virtue of paragraph 4A. A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
“road” has the same meaning as in the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2)), and includes part of a road, and
The Secretary of State may on granting a licence impose a condition if satisfied that it is necessary in order to prevent any of the persons listed in sub-paragraph (2) from benefiting from the licence (within the meaning of paragraph 9(6)). Those persons are—
The Secretary of State may revoke a licence if satisfied that— The Secretary of State shall not revoke a licence unless the holder— If the Secretary of State revokes a licence he shall notify the holder immediately. Paragraph 9(6) and (8) shall apply for the purposes of this paragraph.
A person commits an offence if he provides or offers to provide security services for reward unless he—
holds a licence, or
acts on behalf of someone who holds a licence.
A person commits an offence if he publishes or causes to be published an advertisement for the provision for reward of security services by a person who does not hold a licence. It is a defence for a person charged with an offence under this paragraph to prove—
A person commits an offence if he pays money, in respect of the provision of security services, to a person who— It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that the person to whom he paid the money—
A person guilty of an offence under paragraph 4 or 5 shall be liable— A person guilty of an offence under paragraph 6 is liable on summary conviction to—
An order—
may contain savings and transitional provisions,
may make provision generally or for specified purposes only, and
may make different provision for different purposes.
This section applies for the purposes of sections 21 to 30.
A power conferred on a person—
is additional to powers which he has at common law or by virtue of any other enactment, and
shall not be taken to affect those powers or Her Majesty's prerogative.
A constable or member of Her Majesty's forces may if necessary use reasonable force for the purpose of exercising a power conferred on him.
Where anything is seized it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.
A power to search premises conferred by virtue of this Act shall be taken to include power to search a container.
A member of Her Majesty's forces exercising a power when he is not in uniform shall, if requested to do so by a person at or about the time of exercising the power, produce to that person documentary evidence that he is a member of Her Majesty's forces.
The Secretary of State may make codes of practice in connection with—
the exercise by police officers of a power conferred by this Act, and
the seizure and retention of property found by police officers when exercising powers of search conferred by this Act.
The Secretary of State may make codes of practice in connection with the exercise by members of Her Majesty's forces of a power conferred by this Act.
Where the Secretary of State proposes to issue a code of practice he shall—
publish a draft,
consider any representations made to him about the draft, and
if he thinks it appropriate, modify the draft in the light of any representations made to him.
The Secretary of State shall lay a draft of the code before Parliament.
When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order made by statutory instrument.
The Secretary of State may revise the whole or any part of a code of practice issued by him and issue the code as revised; and subsections (3) to (5) shall apply to such a revised code as they apply to an original code.
In this section “police officer” means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve.
A failure by a police officer to comply with a provision of a code shall not of itself make him liable to criminal or civil proceedings.
A failure by a member of Her Majesty's forces to comply with a provision of a code shall not of itself make him liable to any criminal or civil proceedings other than—
proceedings under any provision of the Army Act 1955 (c. 18) or the Air Force Act 1955 (c. 19) other than section 70 (civil offences), and
proceedings under any provision of the Naval Discipline Act 1957 (c. 53) other than section 42 (civil offences).
A code—
shall be admissible in evidence in criminal or civil proceedings, and
shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
In this section—
“public place” means a place to which members of the public have or are permitted to have access, whether or not for payment,
a vehicle which is habitually stationary and which is used as a dwelling,
“property” includes property wherever situated and whether real or personal, and things in action and other intangible or incorporeal property,
“police officer” means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve.
An order under section 34(5) shall not be made, subject to subsection (2), unless a draft has been laid before and approved by resolution of each House of Parliament.
An order may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—
shall contain a declaration of the Secretary of State's opinion, and
shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.
For the purposes of subsection (2)—
a code of practice or revised code to which an order relates shall cease to have effect together with the order,
an order's ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and
the period of 40 days shall be computed in accordance with section 7(1) of the Statutory Instruments Act 1946 (c. 36).
The Chief Constable of the Police Service of Northern Ireland shall make arrangements for securing that a record is made of each exercise by a constable of a power under sections 21 to 26 in so far as—
it is reasonably practicable to do so, and
a record is not required to be made under another enactment.
Schedule 4 (which provides for compensation to be paid for certain action taken under sections 21 to 32) shall have effect.
This section applies to an offence under sections 21 to 32, except for an offence under paragraph 12 of Schedule 4.
Proceedings for an offence to which this section applies shall not be instituted without the consent of the Director of Public Prosecutions for Northern Ireland.
But if it appears to the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies has been committed for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, his consent for the purposes of this section may be given only with the permission of the Advocate General for Northern Ireland.
In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in subsection (3) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
The Secretary of State shall appoint a person (“the reviewer”) to review—
the operation of sections 21 to 32, and
the procedures adopted by the General Officer Commanding Northern Ireland (“GOC”) for receiving, investigating and responding to complaints.
The reviewer shall conduct a review as soon as is reasonably practicable after—
31st July 2008, and
each subsequent 31st July.
The reviewer shall comply with any request of the Secretary of State to include in a review specified matters (which need not relate to the matters specified in subsection (1)(a) and (b)).
The reviewer shall send the Secretary of State a report of each review.
The Secretary of State shall lay a copy of each report before Parliament.
The reviewer—
shall receive and investigate any representations about the procedures mentioned in subsection (1)(b),
may investigate the operation of those procedures in relation to a particular complaint or class of complaints,
may require GOC to review a particular case or class of cases in which the reviewer considers that any of those procedures have operated inadequately, and
may make recommendations to GOC about inadequacies in those procedures, including inadequacies in the way in which they operate in relation to a particular complaint or class of complaints.
GOC shall— as the Independent Assessor may reasonably require for the purpose of the performance of his functions.
provide such information,
disclose such documents, and
provide such assistance,
The Secretary of State may pay expenses and allowances to the reviewer, out of money provided by Parliament.
The Secretary of State may by order repeal sections 21 to 40.
An order—
may make provision generally or only for specified purposes,
may make different provision for different purposes,
may include incidental, consequential or transitional provision or savings,
shall be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
In sections 21 to 38 (and Schedules 3 and 4)—
“vehicle” includes an aircraft, hovercraft, train or vessel.
In Article 4 (preparation of Jurors Lists)— Omit Article 7 (inspection of panel). Omit Article 16(1) to (3) (challenge for name not being on Jurors List). In Article 17 (restrictions on right of challenge), in paragraph (1), omit “Subject to Article 16,”. This paragraph does not have effect in relation to any Divisional Jurors List or any panel under Article 5 of the Order made available for inspection before the day on which this paragraph comes into force.
In this Schedule “security services” means the services of one or more individuals as security guards (whether or not provided together with other services relating to the protection of property or persons).
A licence— Where a licence is issued to a person who already holds a licence, the new licence shall expire at the end of the period of 12 months beginning with the day after the day on which the current licence expires. The Secretary of State may by order substitute a period exceeding 12 months for the period for the time being specified in sub-paragraphs (1)(b) and (2). An order under sub-paragraph (3)—
A constable may— A constable exercising the power under this paragraph— A person commits an offence if he fails to comply with a requirement imposed under sub-paragraph (1)(b). But it is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure. A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—
The Secretary of State shall grant an application for a licence unless satisfied that any of Conditions 1 to 4 applies. Condition 1 for the refusal of a licence is that a proscribed organisation, or an organisation which appears to the Secretary of State to be closely associated with a proscribed organisation, would be likely to benefit from the licence (whether or not a condition were imposed under paragraph 10). Condition 2 for the refusal of a licence is that there are reasonable grounds to suspect that any of the following is engaged in criminal activity— Condition 3 for the refusal of a licence is that the applicant has persistently failed to comply with the requirements of this Schedule. Condition 4 for the refusal of a licence is that the applicant has failed to comply with a condition imposed under paragraph 10. In Condition 1 a reference to a benefit is a reference to any benefit— Paragraph 8(5) shall have effect for the purposes of Condition 2. In Condition 3 the reference to this Schedule includes a reference to—
an offshore installation within the meaning given in section 44 of the Petroleum Act 1998 (c. 17), and
In this Schedule “licence” means a licence under this Schedule.
A person who provides for reward security services commits an offence if he makes or keeps a record of a person employed by him as a security guard which he knows to be false or misleading in a material particular. A person guilty of an offence under this paragraph shall be liable—
In this Schedule “proscribed organisation” has the meaning given by section 3 of the Terrorism Act 2000 (c. 11).
“public place” means a place to which members of the public have or are permitted to have access, whether or not for payment,
“criminal proceedings” includes proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955 (c. 18), the Air Force Act 1955 (c. 19) or the Naval Discipline Act 1957 (c. 53) and proceedings in Northern Ireland before the Courts-Martial Appeal Court, and
This paragraph applies where an offence under this Schedule committed by a body corporate is proved— The officer, as well as the body corporate, shall be guilty of the offence. In this paragraph “officer” includes—
This paragraph applies where under sections 21 to 32— Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—
No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify.
“road closure equipment” means any apparatus, equipment or other thing used in pursuance of an order under this section in connection with the closure or diversion of a road, and
A person commits an offence if he obtains compensation or increased compensation for himself or another person by deception. In sub-paragraph (1) “deception” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person. A person commits an offence if for the purposes of obtaining compensation he— A person guilty of an offence under this paragraph shall be liable—
The Secretary of State shall maintain a register of schemes that appear to him—
to be community-based restorative justice schemes, and
to meet requirements determined and published by him.
The requirements shall include a requirement about cooperation with the Chief Inspector of Criminal Justice in Northern Ireland.
The Secretary of State shall add a scheme to the register if—
a person applies for the scheme to be added, and
the Secretary of State thinks that the scheme is a community-based restorative justice scheme which meets the requirements.
The Secretary of State may remove a scheme from the register if, having considered any report about the scheme made by the Chief Inspector, he thinks that—
it is not a community-based restorative justice scheme, or
it does not meet the requirements.
The Chief Inspector may inspect a scheme which is registered or which is the subject of an application for registration; and—
he shall from time to time make a report to the Secretary of State on inspections carried out by him by virtue of this section, and
section 49(2) to (4) of the Justice (Northern Ireland) Act 2002 (c. 26) (laying of Chief Inspector's reports before Parliament etc) shall apply in relation to the report.
The Secretary of State shall make arrangements for inspection of the register by the public.
In section 17 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), the inserted section 21A of the Northern Ireland Act 1998 (c. 47) (Northern Ireland department with policing and justice functions) is amended as follows.
For subsections (1) and (2) substitute—
After subsection (5) insert—
In subsection (6)—
for “and (5)” substitute “ , (5) and (5A) ”;
at the end insert “ , or by Order in Council under subsection (7C) ”.
After subsection (7) insert—
After section 21A of the Northern Ireland Act 1998 (c. 47) insert—
After section 21B of the Northern Ireland Act 1998 (c. 47) insert—
Schedule 5 (Northern Ireland department with policing and justice functions) shall have effect.
The Justice (Northern Ireland) Act 2002 (c. 26) shall be amended as follows.
In section 46(1) (Chief Inspector of Criminal Justice in Northern Ireland: organisations to be inspected)—
after paragraph (e) insert— and
after paragraph (h) insert—.
In section 47(1) (Chief Inspector: programme of inspections) after “Secretary of State” insert “ , the Lord Chancellor ”.
In section 47(2)—
after paragraph (a) insert— and
renumber the paragraph (aa) inserted by Schedule 7 to the 2002 Act as paragraph (ab).
After section 47(5) insert—
After section 47(6) insert—
At the end of section 49 (reports) add—
The amendments in subsection (2) above are without prejudice to the power in section 46(6) of the Justice (Northern Ireland) Act 2002 (c. 26).
In Article 28 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (free legal aid in the magistrates' court), after paragraph (2) insert—
Section 102 of the Courts Act 2003 (c. 39) (power to alter judicial titles: Northern Ireland) is amended as follows.
In subsection (1)(a), after “county courts” insert “ or magistrates' courts ”.
In subsection (2)—
after the entry for “Deputy judge of the county court” insert— “ Deputy resident magistrate ”;
after the entry for “Presiding judge for the county courts” insert— “ Presiding resident magistrate ”;
at the end of the list insert— “ Resident magistrate ”.
This section—
establishes interim arrangements for regulating private security services in Northern Ireland following the expiry of section 106 of, and Schedule 13 to, the Terrorism Act 2000 (c. 11) (subsection (2) and Schedule 6), and
provides for the eventual regulation of those services under the Private Security Industry Act 2001 (c. 12) (subsections (3) to (5)).
Schedule 6 (which regulates the private security industry in Northern Ireland until repeal in accordance with subsection (4)(a) below) shall have effect.
For section 26(3) and (4) of the Private Security Industry Act 2001 (extent) substitute—
An order under section 3(3) of the Private Security Industry Act 2001 (conduct prohibited without a licence) designating an activity in respect of Northern Ireland—
shall include provision repealing Schedule 6 to this Act in so far as it applies to that activity, and
may include transitional provision or savings.
The amendments of that Act in section 49 below shall have effect.
This section and section 49 shall come into force in accordance with provision made by the Secretary of State by order; and an order—
shall be made by statutory instrument,
may make provision generally or only for specified purposes,
may make different provision for different purposes, and
may include incidental, consequential or transitional provision.
Transitional provision under or by virtue of this section may, in particular—
provide for a licence issued under one provision to have effect, subject to any specified modifications, as if issued under another;
provide for applications under or by virtue of a provision to be made in advance of its coming into force.
This section sets out the amendments of the Private Security Industry Act 2001 referred to in section 48(5) above.
At the end of section 11 (licensing appeals) add—
In section 13(8) (local authority licensing) after “to Scotland” insert “ or Northern Ireland ”.
In section 15(1)(a) (approvals) for “in England and Wales or in Scotland” substitute “ in the United Kingdom ”.
At the end of section 18 (approval appeals) add—
At the end of section 25 (interpretation) add—
This paragraph does not apply to any activities, of a person who is a barrister-at-law or solicitor in Northern Ireland, which are carried out for the purposes of the provision of legal services—
Schedule 7 (repeals and revocations) shall have effect.
There shall be paid out of money provided by Parliament—
expenditure of the Secretary of State in connection with this Act, and
any increase attributable to this Act in sums payable out of money provided by Parliament under another enactment.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
sections 14 to 20;
section 44 (and Schedule 5);
section 47;
sections 48 and 49 (and Schedule 6).
Section 9(6) and (7) extends to England and Wales and Northern Ireland only.
The amendments in Schedule 1 (and sections 8 and 9(1) to (4) so far as relating to those amendments) have the same extent as the enactments to which they relate.
Subject to that, the preceding provisions of this Act extend to Northern Ireland only.
Sections 21 to 40 (and Schedules 3 and 4) shall come into force on 1st August 2007.
Sections 48 and 49 (and Schedule 6) come into force in accordance with section 48(6).
The following come into force on the day on which this Act is passed—
section 9;
sections 51 and 52;
this section;
section 54.
Subject to subsection , the other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument.
Any repeal or revocation in Schedule 7 (and section 50 so far as relating to the repeal or revocation) comes into force in the same way as the provisions of this Act to which the repeal or revocation relates.
Different days may be appointed under subsection (4) for different purposes.
The Secretary of State may by order made by statutory instrument make transitory or transitional provision or savings in connection with the coming into force of any provision of this Act.
This Act may be cited as the Justice and Security (Northern Ireland) Act 2007.
Section 8
In section 21 of the Domestic Violence, Crime and Victims Act 2004 (application of sections 17 to 20 to Northern Ireland), for subsection (2) substitute—
Where an officer carries out a search of premises under this Schedule he shall, unless it is not reasonably practicable, make a written record of the search. The record shall specify— The record shall also include the name (if known) of any person appearing to the officer to be the occupier of the premises searched; but— The record shall identify the officer—
Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act. The Secretary of State may, in response to a request made to him in writing, permit an application to be made— Where the Secretary of State refuses a request under sub-paragraph (2)—
This paragraph applies where a person has a right to compensation in respect of an act and— The person's right to compensation shall not be enforceable while the proceedings have not been concluded. If the person stands convicted of the offence he shall have no right to compensation.
Where an officer makes a record of a search in accordance with paragraph 6, he shall supply a copy to any person appearing to him to be the occupier of the premises searched. The copy shall be supplied immediately or as soon as is reasonably practicable.
Section 10
The Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) is amended as follows.
In Article 6 (form of panel), in paragraph (1), after “arranged” insert “ (and assigned numbers) ”. In Article 12 (balloting of jurors), after paragraph (1) insert— In Article 12, in paragraph (2), for “names” substitute “ numbers ”. In Article 18 (selection of additional jurors), after paragraph (2) insert—
A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right of appeal under paragraph 3(3)(b) or 5.
Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—
stating that he has decided to award compensation and specifying the amount of the award, or
stating that he has decided to refuse the application.
The Secretary of State may serve a notice under this Schedule on an individual— The Secretary of State may serve a notice under this Schedule on a partnership— The Secretary of State may serve a notice under this Schedule on a body corporate— The Secretary of State may serve a notice under this Schedule on any person—
An applicant may appeal to the county court against— An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4.
This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant— The Secretary of State may—
Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.
“act” or “action” includes omission,
In Article 9 (procedure for ascertaining attendance of jurors), after paragraph (1) insert—
An officer may enter and search any premises for the purpose of ascertaining— An officer may not enter a dwelling under this paragraph unless he is an authorised officer and he reasonably suspects that the dwelling— A constable exercising the power under sub-paragraph (1) may, if necessary, be accompanied by other persons.
If the officer carrying out a search of premises under paragraph 2 reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated, he may— A requirement imposed under this paragraph shall cease to have effect after the conclusion of the search in relation to which it was imposed. Subject to sub-paragraphs (4) and (5), no requirement under this paragraph for the purposes of a search shall be imposed or have effect after the end of the period of four hours beginning with the time when the first (or only) requirement is imposed in relation to the search. In the case of a search by a constable, an officer of the Police Service of Northern Ireland of at least the rank of superintendent may extend the period mentioned in sub-paragraph (3) in relation to a search by a further period of four hours if he reasonably believes that it is necessary to do so in order to carry out the search or to prevent it from being frustrated. In the case of a search by a member of Her Majesty's forces, an officer of at least the rank of Major may extend the period mentioned in sub-paragraph (3) in relation to a search by a further period of four hours if he reasonably believes that it is necessary to do so in order to carry out the search or to prevent it from being frustrated. The power to extend a period conferred by sub-paragraph (4) or (5) may be exercised only once in relation to a particular search.
Section 24
In this Schedule “officer” means— In this Schedule “authorised officer” means— In this Schedule—
This paragraph applies where an officer is empowered by virtue of this Schedule or section 25 or 26 to search premises or a person. The officer may— The officer may—
If the Secretary of State refuses an application for a licence he shall notify the applicant.
The applicant for a licence may appeal to the High Court if—
the application is refused,
a condition is imposed on the grant of a licence, or
the licence is revoked.
An application for a licence shall be made to the Secretary of State— The Secretary of State may specify information only if it concerns— A person commits an offence if in connection with an application for a licence he— A person guilty of an offence under sub-paragraph (3) shall be liable— For the purposes of this paragraph—
Where an appeal is brought under paragraph 14, the Secretary of State may issue a certificate that the decision to which the appeal relates— Those purposes are— If he intends to rely on a certificate under this paragraph the Secretary of State shall notify the appellant. Where the appellant is notified of the Secretary of State's intention to rely on a certificate under this paragraph— Rules made under section 91 or 92 of that Act which are in force immediately before this paragraph comes into force shall have effect in relation to a certificate under this paragraph—
A member of Her Majesty's forces who is on duty may— An member of Her Majesty's forces who is on duty may search a person— A member of Her Majesty's forces may search a person entering or found in a dwelling entered under paragraph 2. A constable may search a person (whether or not that person is in a public place) whom the constable reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him.
This paragraph applies where— The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) as the applicant.
Paragraphs 17 and 18 apply to a person who—
holds a licence, or
has made an application for a licence which has not yet been determined.
A notice under this Schedule must be in writing. Information required to be given to the Secretary of State under this Schedule— The Secretary of State may serve a notice under this Schedule on an individual— The Secretary of State may serve a notice under this Schedule on a partnership— The Secretary of State may serve a notice under this Schedule on a body corporate— The Secretary of State may serve a notice under this Schedule on any person— Sub-paragraphs (3) to (6) do not apply in relation to a notice under paragraph 15.
If a person to whom this paragraph applies proposes to employ a security guard about whom information was not given under paragraph 8, he shall give the Secretary of State such information about the security guard as the Secretary of State may specify. The information shall be given not less than 14 days before the employment is to begin. For the purposes of this paragraph the provisions of paragraph 8(5) shall have effect in relation to a holder of or an applicant for a licence as they have effect for the purposes of paragraph 8 in relation to an applicant.
A person to whom this paragraph applies shall give the Secretary of State such information about a relevant change of personnel as the Secretary of State may specify. The information shall be given— A relevant change of personnel is— But a change of personnel is not relevant if it was mentioned in the information given under paragraph 8.
A person commits an offence if he fails to comply with paragraph 17 or 18. A person guilty of an offence under this paragraph shall be liable on summary conviction to—
A senior officer may give an authorisation under this paragraph in relation to a specified area or place if the officer— An authorisation under this paragraph authorises any constable to stop a person in the specified area or place and to search that person. A constable may exercise the power conferred by an authorisation under this paragraph only for the purpose of ascertaining whether the person has munitions unlawfully with that person or wireless apparatus with that person. But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there are such munitions or wireless apparatus. A constable exercising the power conferred by an authorisation under this paragraph may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves. Where a constable proposes to search a person by virtue of an authorisation under this paragraph, the constable may detain the person for such time as is reasonably required to permit the search to be carried out at or near the place where the person is stopped. A senior officer who gives an authorisation under this paragraph orally must confirm it in writing as soon as reasonably practicable. In this paragraph and paragraphs 4B to 4I—
An authorisation under paragraph 4A has effect during the period— This paragraph is subject as follows.
The specified date or time must not occur after the end of the period of 14 days beginning with the day on which the authorisation is given.
The senior officer who gives an authorisation must inform the Secretary of State of it as soon as reasonably practicable. An authorisation ceases to have effect at the end of the period of 48 hours beginning with the time when it is given unless it is confirmed by the Secretary of State before the end of that period. An authorisation ceasing to have effect by virtue of sub-paragraph (2) does not affect the lawfulness of anything done in reliance on it before the end of the period concerned. When confirming an authorisation, the Secretary of State may—
The Secretary of State may cancel an authorisation with effect from a time identified by the Secretary of State.
A senior officer may— Any such cancellation or substitution in relation to an authorisation confirmed by the Secretary of State under paragraph 4D does not require confirmation by the Secretary of State.
The existence, expiry or cancellation of an authorisation does not prevent the giving of a new authorisation.
An authorisation under paragraph 4A given by a senior officer may specify— In sub-paragraph (1)(b) “internal waters” means waters in the United Kingdom which are adjacent to Northern Ireland. Where an authorisation specifies more than one area or place—
Sub-paragraph (2) applies if any decision of— is challenged on judicial review or in any other legal proceedings. The Secretary of State may issue a certificate that— The Secretary of State must notify the person making the challenge (“the claimant”) if the Secretary of State intends to rely on a certificate under this paragraph. Where the claimant is notified of the Secretary of State's intention to rely on a certificate under this paragraph— In its application by virtue of sub-paragraph (4)(b), section 90(3) of the Act of 1998 is to be read as if for the words from “subsection” to “that purpose,” there were substituted “paragraph 4I(4)(a) of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 the Tribunal determines that—. Rules made under section 91 or 92 of the Act of 1998 which are in force immediately before this paragraph comes into force have effect in relation to a certificate under this paragraph—
Section 38
Section 44
In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), the inserted Schedule 4A to the Northern Ireland Act 1998 (c. 47) (department with policing and justice functions) is amended as follows.
After Part 3 insert—
In paragraph 12(1), for “or (5)” substitute “ , (5) or (5A) or an Order in Council under section 21A(7C) ”.
Section 48
Section 50 Short title and chapter Extent of repeal Terrorism Act 2000 (c. 11) In Schedule 15, paragraph 13. Title and number Extent of revocation Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) In Article 4— in paragraph (3), “whose name is”; in paragraph (6), the words from “and in each year” to the end. In Article 6(1), “with their addresses, and (subject to Article 4(10)(b)) occupations”. Article 7. In Article 15(1), sub-paragraph (a) (including the word “and” at the end). Article 16(1) to (3). In Article 17(1), “Subject to Article 16,”. Short title and chapter Extent of repeal Northern Ireland Act 1998 (c. 47) In section 69(9), “and investigations”.