Justice (Northern Ireland) Act 2004
The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as set out in Schedule 1 for the purpose of transferring to the Lord Chancellor functions exercisable by the First Minister and deputy First Minister, acting jointly, in relation to the Northern Ireland Judicial Appointments Commission.
In section 3 of the 2002 Act for subsection (8) (lay members of the Commission to be representative of the community in Northern Ireland) substitute—
Subject as follows, a judicial member of the Commission holds office for the period specified in his appointment (or re-appointment). 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.
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Section 55 of the Police (Northern Ireland) Act 1998 (c. 32) (referral of matters to Ombudsman) is amended as set out in subsections (2) to (5).
In subsection (1) (power of Policing Board, Director or Secretary of State to refer certain matters) omit the words “, the Director” (wherever they occur).
After subsection (4) insert—
In subsection (5) (power of Ombudsman to investigate matters referred under subsection (4)) after “(4)” insert “ , or (4A) ”.
In subsection (7) (duty on Ombudsman to notify outcome of criminal or disciplinary proceedings) omit “, the Director”.
In section 64(2A)(b) of the Police (Northern Ireland) Act 1998 (Ombudsman not to investigate matter referred under section 55(1), (2) or (4) if it took place more than the prescribed period before the date of referral) for “or (4)” substitute “ , (4) or (4A) ”.
After section 32 of the 2002 Act insert—
The Attorney General for Northern Ireland shall issue, and as he thinks appropriate from time to time revise, guidance to organisations to which this section applies on the exercise of their functions in a manner consistent with international human rights standards relevant to the criminal justice system.
In the exercise of its functions, such an organisation shall have regard to any guidance for the time being in operation under this section; but this does not affect the operation, in relation to any such organisation, of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act in a way incompatible with a Convention right).
Before issuing or revising any guidance under this section, the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.
Any guidance issued or revised under this section—
shall be published in such manner as the Attorney General for Northern Ireland thinks appropriate;
shall be laid before the Northern Ireland Assembly; and
shall not come into operation until the Attorney General for Northern Ireland by order so provides.
This section applies to the following organisations— and accordingly references in this section to the functions of an organisation are, in the case of the Department of Justice, references to the functions mentioned in paragraph (e).
the Public Prosecution Service for Northern Ireland,
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the Probation Board for Northern Ireland,
the Police Ombudsman for Northern Ireland,
the Department of Justice, but only in respect of . . . —
functions exercised by the Northern Ireland Prison Service,
the Department's functions mentioned in section 69(1) of the Judicature (Northern Ireland) Act 1978 ,
functions exercised by the Youth Justice Agency,
functions exercised by Forensic Science Northern Ireland,
functions exercised by the State Pathologist’s Department, or
functions exercised by the Compensation Agency;
the Police Service of Northern Ireland.
The Attorney General for Northern Ireland may by order amend subsection (4) by— and an order under this subsection may make appropriate consequential amendments in this section or in any other enactment (whenever passed or made).
adding any organisation having a role in the criminal justice system in Northern Ireland (apart from a court or tribunal);
omitting an organisation; or
altering the description of an organisation;
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (3)(b) in relation to the laying of any guidance as it applies in relation to the laying of a statutory document under an enactment.
In section 52 of the Police (Northern Ireland) Act 2000 (c. 32) (code of ethics for police officers) after subsection (2) insert—
In section 37 of the 2002 Act (code of practice for prosecutors) after subsection (5) insert—
Nothing in this section requires the Public Prosecution Service for Northern Ireland to have regard to so much of any guidance for the time being in operation under this section as is inconsistent with a provision of a code of practice issued under section 37 of the 2002 Act.
Before making an order under subsection (3)(c) or (5), the Attorney General for Northern Ireland shall consult the Advocate General for Northern Ireland.
In Schedule 7 to the 2002 Act (functions of Advocate General for Northern Ireland) after paragraph 7 insert—
Section 46 of the 2002 Act (organisations subject to inspection by the Chief Inspector) is amended as set out in subsections (2) to (4) in consequence of the dissolution of the Juvenile Justice Board and the establishment of the Youth Justice Agency.
In subsection (1) for paragraph (g) substitute—.
In subsection (1)(h) omit “(other than the Juvenile Justice Board)”.
In subsection (4) for “Juvenile Justice Board” substitute “ Youth Justice Agency ”.
The following provisions (which are spent or of no practical utility in consequence of the dissolution of the Juvenile Justice Board) shall cease to have effect—
the Malone and Whiteabbey Training Schools Act (Northern Ireland) 1956 (c. 4 (N. I.));
in the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))—
Article 56; and
Article 57(2);
in Schedule 1 to the Commissioner for Children and Young People (Northern Ireland) Order 2003 (S.I. 2003/439 (N.I. 11)) in paragraph 13 the words “The Juvenile Justice Board and” and the word “other”.
Where a magistrates' court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to the High Court against the granting of bail.
Subsection (1) applies only where the prosecution is conducted—
by or on behalf of the Director of Public Prosecutions, or
on behalf of the Police Service of Northern Ireland (whether by a member of that Service or any other person).
Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to the High Court against the granting of bail.
An appeal under subsection (1) or (1A) may be made only if—
the prosecution made representations that bail should not be granted, and
the representations were made before it was granted.
Where the prosecution wishes to exercise the right of appeal under subsection (1) or (1A), oral notice of appeal shall be given to the court which has granted bail at the conclusion of the proceedings in which bail has been granted and before the release from custody of the person concerned.
Written notice of appeal shall thereafter be served on the court which has granted bail and the person concerned within two hours of the conclusion of such proceedings.
On receipt from the prosecution of oral notice of appeal from its decision to grant bail, the court which has granted bail shall remand in custody the person concerned, until the appeal is determined or otherwise disposed of.
Where the prosecution fails, within the period of two hours mentioned in subsection (5), to serve one or both of the notices required by that subsection, the appeal shall be deemed to have been disposed of.
The hearing of an appeal under subsection (1) or (1A) against a decision of the . . . court to grant bail shall be commenced within 48 hours, excluding weekends, Christmas Day, Good Friday and a bank holiday, from the time when oral notice of appeal is given.
An appeal by the prosecution under this section shall be by way of re-hearing, and on such an appeal the High Court may—
remand the person concerned in custody, or
grant bail subject to such conditions (if any) as it thinks fit.
No appeal lies against the decision of the High Court on an appeal under this section.
In relation to a person under the age of 21, the reference in subsection (1) to an offence punishable by imprisonment is to be read as a reference to an offence which would be so punishable in the case of a person over that age.
In this section—
“extradition proceedings” means proceedings under the Extradition Act 2003;
“magistrates' court” and “court”, in relation to extradition proceedings, mean a resident magistrate designated in accordance with section 67 or section 139 of the Extradition Act 2003;
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A person admitted to bail under section 67 of the Terrorism Act 2000 (c. 11) shall be under a duty to surrender to custody.
Schedule 2 (which makes provision for the enforcement of the duty under subsection (1) and contains other provisions relating to persons admitted to bail under section 67 of the Terrorism Act 2000) shall have effect.
In this section and Schedule 2—
“bail” means bail granted under section 67 of the Terrorism Act 2000;
If a person who has been admitted to bail fails without reasonable cause to surrender to custody, he shall be guilty of an offence. If a person who— 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. A person guilty of an offence under sub-paragraph (1) or (2) shall be liable— 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— In Part 1 of Schedule 9 to the Terrorism Act 2000 (c. 11) (scheduled offences) after paragraph 22 insert—
This Schedule applies in relation to a person admitted to bail before, as well as after, it comes into force; but—
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
paragraph 4 applies only where the certificate mentioned in sub-paragraph (1)(b) of that paragraph is issued after this Schedule comes into force.
“surrender to custody”, in relation to a person admitted to bail, means surrender himself (according to the requirements of the grant of bail)—
into the custody of a court at the time and place for the time being appointed for him to do so; or
Section 1
In section 2(2) of the 2002 Act for “First Minister and deputy First Minister, acting jointly,” substitute “ Lord Chancellor ”.
In section 3(2)(b) of the 2002 Act for “First Minister and deputy First Minister, acting jointly” substitute “ Lord Chancellor ”.
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Section 90 of the 2002 Act is amended as follows. Omit subsections (2) and (3). In subsection (4) after “section” insert “ 2(2)(b), ”. In subsection (5)(a) after “section” insert “ 2(2)(a) or (c), ”.
Schedule 2 to the 2002 Act is amended as follows. In paragraph 1(2) for “First Minister and deputy First Minister, acting jointly,” substitute “ Lord Chancellor ”. In paragraph 1(3) for “Office of the First Minister and deputy First Minister” substitute “ Lord Chancellor ”. In paragraph 2(3) for “Office of the First Minister and deputy First Minister” substitute “ Lord Chancellor ”. In paragraph 2(4) for “First Minister and deputy First Minister, acting jointly,” substitute “ Lord Chancellor ”. In paragraph 3 for “First Minister and deputy First Minister, acting jointly,” substitute “ Lord Chancellor ”. In paragraph 4(1) for “First Minister and deputy First Minister” substitute “ Lord Chancellor ”. For paragraph 4(3) substitute— In paragraph 5(5) for “Office of the First Minister and deputy First Minister” substitute “ Lord Chancellor ”. In paragraph 5(6) for “First Minister and deputy First Minister, acting jointly, must lay before the Assembly” substitute “ Lord Chancellor must lay before each House of Parliament ” and for “their Office” substitute “ him ”. In paragraph 5(7) for “the Assembly” substitute “ each House of Parliament ”. In paragraph 6 for “First Minister and deputy First Minister, acting jointly,” substitute “ Lord Chancellor ”. In paragraph 7(2) for “First Minister and deputy First Minister, acting jointly, direct” substitute “ Lord Chancellor directs ”. For paragraph 7(3) and (4) substitute—
into the custody of the governor of a prison at the time and place for the time being appointed for him to do so.
“prosecution”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought.
This paragraph applies to a person who— 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. If a person to whom this paragraph applies— that court may issue a warrant for his arrest. A constable may arrest without warrant any person to whom this paragraph applies— If, on an application made by a constable, a justice of the peace is satisfied that— The conditions mentioned in sub-paragraph (5) are—
A court security officer acting in the execution of his duty may exclude or remove from a relevant building any person who refuses— A court security officer acting in the execution of his duty may— if it is reasonably necessary to do so for one of the purposes given in sub-paragraph (3). The purposes are— The powers conferred by sub-paragraphs (1) and (2) include power to use reasonable force, where necessary. In the execution of his duty in any relevant building, 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. “Person in authority” means— Every court security officer is to be regarded as an officer of the court for the purposes of— (which provide for the detention by court officers, and punishment, of persons misbehaving in court).
The Department of Justice may by regulations make provision as to— “Unclaimed article” means an article—
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— 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. Where a person is brought before a judge under sub-paragraph (1), the judge— 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.
This paragraph applies where— As regards any time after the issue of the certificate, that person shall be treated for all purposes as if—
A court security officer acting in the execution of his duty may search— Sub-paragraph (1) does not authorise the officer to require a person to remove any of his clothing other than an outer coat, jacket, headgear, gloves or footwear.
Subject to sub-paragraph (2), a court security officer may retain an article which was— until the time when the person who surrendered it, or from whom it was seized, is leaving the relevant building. If a court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, he may retain it until— whichever is later. “The permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the court security officer to draw the article to the attention of a constable. This paragraph is subject to paragraph 5A.
Section 16
The Department of Justice must take all reasonable steps to ensure the security of every relevant building and the safety of everyone who is there. To comply with that duty the Department of Justice must secure that there are provided at every relevant building an appropriate number of court security officers. For the purposes of this Schedule the following are court security officers— The Department of Justice may by regulations make provision as to— For the purposes of this Schedule a court security officer who is not readily identifiable as such (whether by means of his uniform or badge or otherwise) is not to be regarded as acting in the execution of his duty. Subject to sub-paragraphs (7) and (8), in this Schedule “relevant building” means any building where— Where only part of a building is used for the sittings of an office-holder mentioned in sub-paragraph (6)(b) or (c), references to a relevant building are to so much of that building as is used for the purposes of, or in connection with, such sittings. Where only part of a building is used for the exercise by an office-holder mentioned in sub-paragraph (6)(d) or (e) of the functions there mentioned, references to a relevant building are to so much of that building as is used for the purposes of, or in connection with, the exercise of those functions.
If a court security officer acting in the execution of his duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a relevant building ought to be surrendered on any of the grounds given in sub-paragraph (3), he may ask the person to surrender the article. If the person refuses to surrender the article, the officer may seize it. The grounds are that the article—
A person who assaults a court security officer acting in the execution of his duty commits an offence. A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to— or to both. A person who resists or intentionally obstructs a court security officer acting in the execution of his duty commits an offence. A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
This paragraph applies where a knife is surrendered to a court security officer in response to a request under paragraph 4(1) or seized by a court security officer under paragraph 4(2). Paragraph 5 does not apply. The knife must be retained in accordance with regulations under sub-paragraph (5), unless returned or disposed of in accordance with those regulations or regulations made under paragraph 6. If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in sub-paragraph (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable. Without prejudice to the generality of paragraph 6, the Department of Justice must by regulations make provision as to— For the purposes of this paragraph—
Section 18 Short Title Extent of repeal Prisons Act (Northern Ireland) 1953 (c. 18 (N.I.)) In section 26, paragraph (d) and the word “or” immediately before it. Malone and Whiteabbey Training Schools Act (Northern Ireland) 1956 (c. 4 (N.I.)) The whole Act. Police (Northern Ireland) Act 1998 (c. 32) In section 55 (1), the words “, the Director” (wherever they occur). In section 55(7) the words “, the Director”. Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) Article 56. Article 57(2). Justice (Northern Ireland) Act 2002 (c. 26) Section 34(4). In section 46(1)(h) the words “(other than the Juvenile Justice Board)”. Sections 79 to 81. Section 90(2) and (3). In Schedule 12, paragraph 75. Commissioner for Children and Young People (Northern Ireland) Order 2003 (S.I. 2003/439 (N.I. 11)) In Schedule 1, in paragraph 13 the words “the Juvenile Justice Board and” and the word “other”. Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) In Schedule 1, paragraph 3.
This section and Schedule 2 shall, by virtue of this subsection, cease to have effect—
on 19th February 2006; or
on such earlier date as the Secretary of State may by order appoint.
Section 10 applies to the granting of bail by a county court judge in extradition proceedings as it applies to the granting of bail by a magistrates' court in such proceedings; and references in that section to a magistrates' court shall be construed accordingly.
In this section “extradition proceedings” has the same meaning as in section 10.
Part II of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (bail grantable otherwise than under section 67 of the Terrorism Act 2000 (c. 11)) is amended as set out in subsections (2) to (4).
In Article 4(2) (definition of “surrender to custody”) at the end addor
In Article 5 (offence of absconding by person released on bail) for paragraph (3) substitute—
In Article 6 of that Order (arrest for absconding or breaking conditions of bail)—
in paragraph (3) for “a duty to surrender to custody” substitute “ a duty to surrender into the custody of a court ”;
after paragraph (3) insert—; and
after paragraph (5) insert—
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 (g) add—.
Subsection (3) has no effect in relation to offences committed before it comes into force.
Schedule 1 to the Crime (Sentences) Act 1997 (c. 43) (transfer of prisoners within the British Islands) is amended as follows.
In paragraph 1 (transfer of prisoners: general) after sub-paragraph (2) insert—
In paragraph 5(1) (conditions of transfer) after “this Part” insert “ (other than a transfer under paragraph 1(2A)) ”.
After paragraph 5 insert—
In paragraph 6—
in sub-paragraph (2)(a) after “1(1)(a) or (2)(a)” insert “ or (2A)(a) ”;
in sub-paragraph (2)(b) after “1(1)(b) or (2)(b)” insert “ or (2A)(b) ”.
In paragraph 12—
in sub-paragraph (1) after “1(1)(a)” insert “ or (2A)(a) ”;
in sub-paragraph (2) after “1(1)(b)” insert “ or (2A)(b) ”.
In paragraph 13—
in sub-paragraph (1) after “1(1)(a)” insert “ or (2A)(a) ”;
in sub-paragraph (2) after “1(1)(b)” insert “ or (2A)(b) ”.
In section 103 of the Terrorism Act 2000 (c. 11) (collection of information about certain persons) in subsection (2)(e) (full-time employee of the prison service in Northern Ireland) for “a full-time employee of” substitute “ employed in ”.
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In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (list of offences to which powers of summary arrest apply) after sub-paragraph (e) insert—.
Subsection (1) has no effect in relation to offences committed before it comes into force.
Schedule 3 (which re-enacts with amendments sections 79 to 81 of the 2002 Act and makes further provision with respect to court security officers) shall have effect.
Any rule of law which prevents a barrister from entering into a contract for the provision of his services as a barrister is abolished.
Nothing in subsection (1) prevents the General Council of the Bar of Northern Ireland from making rules (however described) which prohibit barristers from entering into contracts or restrict their right to do so.
Schedule 4 contains repeals.
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.
An order may appoint different days for different purposes.
In this Act—
“the 2002 Act” means the Justice (Northern Ireland) Act 2002 (c. 26), and
any word or expression defined in section 88 of that Act has the same meaning in this Act as in that Act.
Any power to make an order or regulations under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
No order shall be made under section 8(5) unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
An order under section 8(3)(c) or 11(4) and regulations under paragraph 1(4) , 5A(5) or 6(1) of Schedule 3 shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
An order or regulations made under this Act may include supplementary, incidental, transitional or consequential provisions.
Subject as follows, this Act extends only to Northern Ireland.
Any amendment made by this Act has the same extent as the provision to which it relates.
This Act may be cited as the Justice (Northern Ireland) Act 2004.