Justice (Northern Ireland) Act 2002
The following persons must uphold the continued independence of the judiciary—
the First Minister,
the deputy First Minister,
Northern Ireland Ministers, and
all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.
The following particular duty is imposed for the purpose of upholding that independence.
The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.
In this section “the judiciary” includes the judiciary of any of the following—
the Supreme Court;
any other court established under the law of any part of the United Kingdom;
any international court.
In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—
an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or
a resolution of the Security Council or General Assembly of the United Nations.
Sections 3 to 8 make provision about appointment to and removal from—
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the offices listed in Schedule 1.
The Lord Chancellor may by order amend Schedule 1 by—
adding an office (other than the office of Lord Chief Justice or Lord Justice of Appeal),
omitting an office, or
altering the description of an office.
No order under subsection (2) may be made without the agreement of the Lord Chief Justice.
An order under subsection (2) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).
In this Act—
The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.
The Department of Justice must pay to or in respect of the Chief Inspector such— as the Department of Justice determines. If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 becomes the Chief Inspector, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Department of Justice may make grants to the Chief Inspector.
The Chief Inspector is a corporation sole.
The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such— as the Department of Justice may determine. If a person who, by reference to any office or employment, is a participant in a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 becomes a Commissioner, the Department of Finance and Personnel may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment. The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.
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In section 72(2)(b) (regulations providing for time limits to cease to have effect where Attorney General for Northern Ireland certifies that offence is not to be treated as scheduled offence), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
The Chief Inspector must— The statement of accounts must— as the Department of Justice directs. The Chief Inspector must send copies of the statement of accounts relating to a financial year to— within such period after the end of the financial year as the Department of Justice directs. The Comptroller and Auditor General for Northern Ireland must— Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4)(b) in relation to the laying of a copy of a statement or report as it applies in relation to the laying of a statutory document under an enactment. In this paragraph “financial year” has the same meaning as in paragraph 4.
The Chief Inspector is not to be regarded— The Chief Inspector’s property is not to be regarded as property of, or held on behalf of, the Crown.
Article 2 (interpretation) is amended as follows. In paragraph (2), in the definitions of “community order”, “community sentence” and “custodial sentence”— “community responsibility order” means an order under Article 36E; “custody care order” means an order under Article 44A; “Director” means the Director of Public Prosecutions for Northern Ireland; “Order Book” means the Order Book required to be kept under rule 19 of the Magistrates’ Courts Rules (Northern Ireland) 1984 (SR 1984 No. 225); “place of safety” has the same meaning as in Article 39(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (N.I. 12); “police officer” and “police support staff” have the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32); “probation order” means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24); “remand centre” has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)); “reparation order” means an order under Article 36A; “responsible officer”— “secure accommodation” means accommodation provided for the purpose of restricting liberty; “youth conference” has the meaning given by Article 3A, “diversionary youth conference” has the meaning given by Article 10A(2) and “court-ordered youth conference” has the meaning given by Article 33A(5); “youth conference co-ordinator” means a person designated under Article 3A(3); “youth conference order” has the meaning given by Article 36J(2); “youth conference plan” has the meaning given by Article 3C. After paragraph (3) insert—
In Schedule 9 (certification that offence is not scheduled offence), in Notes 1 and 2 in Part 1, and in the Note in Part 3, for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
The Chief Inspector may do anything, apart from borrowing money, which he considers is— the exercise of his functions.
appropriate for facilitating, or
incidental or conducive to,
In Article 8(3) and (4) (child not released under Article 7), for “a juvenile justice centre” substitute “ secure accommodation provided by or on behalf of the appropriate authority ”.
The application of the seal of the Chief Inspector is to be authenticated by the signature of the Chief Inspector or any member of his staff who has been authorised (whether generally or specially) for the purpose.
Article 13 (remand in custody) is amended as follows. In paragraph (1), for the words after “open court” substituteand— After that paragraph insert—
A document purporting to be— is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.
duly executed by the Chief Inspector under his seal, or
signed on his behalf,
In Article 30(3) (powers of youth court when child becomes adult)—
after “a community order” insert “ , a youth conference order ”, and
after “the community order” (in both places) insert “ or youth conference order ”.
In Article 37(4) (requirements of attendance centre orders), for the words from “be such” to the end substitute “ , so far as practicable, be such as to avoid any conflict with the child’s religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment. ”
In Article 39(1) (juvenile justice centre orders)—
after “a child” insert “ who has attained the age of 14 ”, and
for “to which Article 45(1) applies” substitute “ the sentence for which is, in the case of an adult, fixed by law as imprisonment for life ”.
Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows. In paragraph (2)— After that paragraph insert—
In Article 44(1) (effect of subsequent conviction where juvenile justice centre order in effect), after “an offence” insert “and the court imposes a custodial sentence on the child for the offence”.
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The Commission must, as soon as possible after the end of each financial year, prepare a report on how it has exercised its functions during the financial year. Each annual report must include information about the persons who have applied to be, and the persons who have been, selected to be appointed or recommended for appointment by the Commission during the financial year to which it relates. The information to be included about any persons in an annual report must include information about their gender, age, ethnic origins and community background and the part of Northern Ireland (if any) with which they regard themselves as being most closely associated. But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained. The Commission must send a copy of each annual report to the Lord Chancellor. The Lord Chancellor must lay before the Northern Ireland Assembly a copy of each annual report received by him under sub-paragraph (5). After a copy of a report has been laid before the Northern Ireland Assembly, the Commission must arrange for it to be published. Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (6) in relation to the laying of a copy of an annual report as it applies in relation to the laying of a statutory document under an enactment. In this paragraph “financial year” means—
The Commission may regulate—
its own procedure (including quorum), and
the procedure (including quorum) of its committees and their sub-committees.
The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) has effect subject to the following amendments.
The County Courts (Northern Ireland) Order 1980 has effect subject to the following amendments.
Paragraph 2 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (Northern Ireland Family Proceedings Rules Committee) is amended as follows. In sub-paragraph (c), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”. In sub-paragraph (f), for “Lord Chancellor” substitute “Lord Chief Justice”.
The Northern Ireland Act 1998 has effect subject to the following amendments. In section 11(1) (power of Attorney General for Northern Ireland to refer question whether Bill would be within legislative competence of Northern Ireland Assembly), after “The” insert “ Advocate General for Northern Ireland or the ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 14(2)(a) (no submission for Royal Assent where Attorney General for Northern Ireland entitled to make a reference under section 11), insert at the beginning “the Advocate General for Northern Ireland or”.
Chief Inspector of Criminal Justice in Northern Ireland.
A person who holds judicial office may be appointed as a Commissioner without relinquishing that office. But he is not, unless the terms of his appointment provide otherwise, required to perform the duties of his judicial office while he is a Commissioner.
The Department of Justice may make grants to the Commission.
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The Children (Northern Ireland) Order 1995 has effect subject to the following amendments.
The validity of any proceedings of the Commission, or of any of its committees or their sub-committees, is not affected by—
any vacancy amongst the members, or
any defect in the appointment of a member.
Article 30 (constitution of panels of persons available to act as chairmen and members of Social Care Tribunals in Northern Ireland) is amended as follows. In paragraph (1)(a), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”. In paragraph (3), for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”.
In Article 4 (directions as to holding of courts), for “Lord Chancellor” substitute “Lord Chief Justice”.
Chief Inspector of Criminal Justice in Northern Ireland.
The Commission must— The statement of accounts must— as the Department of Justice directs. The Commission must send copies of the statement of accounts relating to a financial year to— within such period after the end of the financial year as the Department of Justice directs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this paragraph “financial year” means—
In Article 70(7) (provisions which do not apply to those providing refuges for children at risk), after sub-paragraph (b) insert—.
In Article 31(2) (constitution of tribunal), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.
In Article 5 (directions authorising sittings otherwise than in courthouses), for “Lord Chancellor” substitute “Lord Chief Justice”.
In paragraph 4(1)(b) of Schedule 4 (directions under education supervision orders where child is subject to other orders), for “or a juvenile justice centre order” substitute “ , a juvenile justice centre order or a custody care order, ”.
Article 6 (appointment of days for holding of ordinary sittings) is amended as follows. In paragraph (1), for “Lord Chancellor” substitute “Lord Chief Justice”. In paragraph (2), for “Lord Chancellor shall consult the Lord Chief Justice and” substitute “Lord Chief Justice shall consult”.
In Article 7(1) and (2) (additional and extraordinary sittings), for “Lord Chancellor” substitute “Lord Chief Justice”.
In Article 46(1)(a) (chairman of County Court Rules Committee) (as substituted by section 73 of this Act), for “Lord Chancellor” substitute “Lord Chief Justice”.
In Article 56(1) (swearing of affidavits before designated court officer), for “Lord Chancellor” substitute “Lord Chief Justice”.
In Article 58 (furnishing of information by certain officers), insert at the end “and furnish to the Lord Chief Justice such information as may be prescribed or required by the Lord Chief Justice.”
There is to be a body corporate known as the Northern Ireland Judicial Appointments Commission.
The Commission is to consist of—
a chairman, and
twelve other members appointed by the Lord Chancellor.
Schedule 2 makes further provision about the Commission.
The Lord Chief Justice is to be the chairman of the Commission; but for any time during which— the senior Lord Justice of Appeal who is available is to act as the chairman (whether or not he is already a member).
the office of Lord Chief Justice is vacant, or
he is not available,
The following are to be appointed as the other members— and a reference in Schedule 2 to a non-judicial member is to a member who is either a legal profession member or a lay member.
five persons nominated by the Lord Chief Justice (referred to in this section and Schedule 2 as “judicial members”),
a barrister nominated by the General Council of the Bar of Northern Ireland and a solicitor nominated by the Law Society of Northern Ireland (so referred to as “legal profession members”), and
five persons who do not hold (and have never held) a protected judicial office and are not (and have never been) barristers or solicitors (so referred to as “lay members”);
The judicial members are to be—
a Lord Justice of Appeal,
a judge of the High Court,
a county court judge,
a resident magistrate, and
a lay magistrate.
A person may not be appointed to be a lay member unless he has declared in writing his commitment to non-violence and exclusively peaceful and democratic means.
It is the duty of— to make such arrangements in connection with the exercise of their functions under this section as will, so far as is practicable, secure that the membership of the Commission is reflective of the community in Northern Ireland.
the Lord Chancellor, and
those responsible for making nominations under subsection (5)(a) and (b),
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Schedule 3 (which is about the making of appointments to listed judicial offices) has effect.
Schedule 3 transfers to the First Minister and deputy First Minister, acting jointly, the power to make appointments, or recommendations for appointment, to listed judicial offices and makes provision about associated functions.
Only a person selected by the Commission may be appointed, or recommended for appointment, to a listed judicial office.
The First Minister and deputy First Minister, acting jointly, may at any time by notice require the Commission to select a person to be appointed, or recommended for appointment, to a listed judicial office.
When the Commission is so required, it must—
inform the Office of the First Minister and deputy First Minister of the person selected to be appointed, or recommended for appointment, to the office, and
make a report to that Office on its process of selection, indicating the basis of its decision to select that person.
If the First Minister and deputy First Minister do not (within a reasonable time after receiving the report under subsection (4)(b)) appoint or recommend for appointment the person selected by the Commission, they must by notice require the Commission to reconsider its decision; and the notice must include a statement of their reasons for requiring it to do so.
If the Commission is required to reconsider its decision, it must—
after doing so, either re-affirm its selection or select a different person to be appointed, or recommended for appointment, to the office,
inform the Office of the First Minister and deputy First Minister of the outcome of its reconsideration, and
make a report to that Office indicating the basis of the decision made by it after its reconsideration.
The First Minister and deputy First Minister must, on being informed by the Commission of the outcome of the reconsideration of its decision, appoint, or recommend for appointment, the person selected by the Commission after the reconsideration.
The Commission must, so far as it is reasonably practicable to do so, secure that a range of persons reflective of the community in Northern Ireland is available for consideration by the Commission whenever it is required to select a person to be appointed, or recommended for appointment, to a listed judicial office.
But the selection of the person to be appointed, or recommended for appointment, to the listed judicial office (whether initially or after reconsideration) must be made solely on the basis of merit.
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Information which is held by or on behalf of a permitted person (whether obtained before or after this section comes into force) may be disclosed to the Commission or a committee of the Commission for the purposes of selection under Schedule 3.
A disclosure under this section is not to be taken to breach any restriction on the disclosure of information (however imposed).
But nothing in this section authorises the making of a disclosure—
which contravenes the the data protection legislation, or
which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
This section does not affect a power to disclose which exists apart from this section.
The following are permitted persons—
a chief officer of police of a police force in England and Wales;
the chief constable of the Police Service of Scotland;
the Chief Constable of the Police Service of Northern Ireland;
the Director General of the National Criminal Intelligence Service;
the Director General of the National Crime Squad;
the Commissioners of Inland Revenue;
the Commissioners of Customs and Excise.
The Lord Chancellor may by order designate as permitted persons other persons who exercise functions which he considers are of a public nature (including a body or person discharging regulatory functions in relation to any description of activities).
Information must not be disclosed under this section on behalf of the Commissioners of Inland Revenue or on behalf of the Commissioners of Customs and Excise unless the Commissioners concerned authorise the disclosure.
The power to authorise a disclosure under subsection (7) may be delegated (either generally or for a specific purpose)—
in the case of the Commissioners of Inland Revenue, to an officer of the Board of Inland Revenue,
in the case of the Commissioners of Customs and Excise, to a customs officer.
For the purposes of this section a customs officer is a person commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
A person holding a listed judicial office may be removed from office (and suspended from office pending a decision whether to remove him) but only in accordance with this section.
The power to remove or suspend him is exercisable by the Lord Chief Justice.
He may only be removed if a tribunal convened under section 8 has reported to the Lord Chief Justice recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.
He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Lord Chief Justice that he be suspended.
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If he is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).
Nothing in subsections (1) to (6A) applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see section 12C of the Judicature (Northern Ireland) Act 1978 (c. 23) ...).
If the Lord Chief Justice does not remove or suspend a person (“P”) in accordance with a recommendation as mentioned in subsection (3) or (4), the Lord Chief Justice must notify the following of the Lord Chief Justice's reasons for not removing or suspending P—
P;
the tribunal;
if the tribunal was convened by the Northern Ireland Judicial Appointments Ombudsman, the Ombudsman.
But, subject to that, those subsections apply whatever the date of a person’s appointment.
A tribunal to consider the removal of the holder of a listed judicial office may be convened—
by the Lord Chief Justice after consulting the Northern Ireland Judicial Appointments Ombudsman, or
by the Ombudsman after consulting the Lord Chief Justice.
A tribunal is to consist of—
a Lord Justice of Appeal or a judge of the High Court,
a person who holds an office within section 3(6)(a) to (e), and
a lay member of the Commission (see section 3(5)(c)).
The persons within subsection (2)(a) and (b) are to be selected by the Lord Chief Justice and the person within subsection (2)(c) is to be selected by the Ombudsman.
Unless the Commission otherwise agrees, the persons within subsection (2)(a) and (b) must be judicial members of the Commission (see section 3(5)(a)).
a person who holds the office of Lord of Appeal in Ordinary or high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)) and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court,
a person who is, or has been, a judge of the Court of Appeal of England and Wales or the Inner House of the Court of Session, and
a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
The person within subsection (2)(a) is to be the chair of the tribunal.
a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,
a person who holds the office of judge of the High Court, and
a person who does not hold (and has never held) a protected judicial office and is not (and has never been) a barrister or solicitor.
The tribunal's procedure is to be determined by the Lord Chief Justice.
The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.
The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (5) is to be made by the Lord Chief Justice.
The selection of the person who is to be the member of a tribunal under paragraph (c) of subsection (4) or (5) is to be made by the First Minister and deputy First Minister, acting jointly.
The procedure of a tribunal is to be determined by the Lord Chief Justice except where— and in such a case its procedure is to be determined by its chairman.
the office of Lord Chief Justice is vacant,
he is not available, or
the tribunal is to consider his removal from office;
The First Minister and deputy First Minister, acting jointly, may pay to a member of a tribunal any such allowances or fees as they may determine.
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The Lord Chancellor must, for each county court division, appoint persons to be lay magistrates for the division.
A person may not be appointed to be a lay magistrate unless—
he has completed a course of training approved by the Lord Chancellor, or
he has given an undertaking in writing to attend such a course of training.
It is a condition of the appointment of a person under subsection (2)(b) that he will complete such a course of training within the period of one year beginning with the date of his appointment or such longer period as the Lord Chancellor may allow.
The Lord Chancellor may by order make further provision about eligibility for appointment to be a lay magistrate.
The provision which may be made by an order under subsection (4) includes (in particular) provision that a person may not be appointed to be a lay magistrate— unless the Lord Chancellor otherwise determines in the case of a particular person.
if he does not reside or work in, or within a prescribed distance of, the county court division to which the appointment relates,
if he, or a person related to or otherwise connected with him in a prescribed manner, holds an office of a prescribed description, has an occupation of a prescribed description or has been selected as a candidate for election to a prescribed body,
if a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or
if he has been convicted of a prescribed offence,
“Prescribed” means prescribed in the order.
No act by a person appointed to be a lay magistrate is invalidated by reason only that he is not a lay magistrate because he was not eligible to be appointed.
A lay magistrate ceases to hold office on the day on which he attains the age of 70.
No act by a person who has been a lay magistrate is invalidated by reason only that he has ceased to hold office under subsection (8).
The Lord Chancellor may remove a lay magistrate from office.
The Lord Chancellor must pay to lay magistrates any such allowances as he may determine.
The Lord Chief Justice, Lords Justices of Appeal, judges of the High Court and county court judges may exercise any function of a lay magistrate (in relation to any matter arising within any county court division).
In paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: judicial offices), after “resident magistrates,” insert “lay magistrates,”.
“County court division” means a division specified under Article 3(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)).
Subject as follows, the functions of justices of the peace (including their functions as members of a court) are transferred to lay magistrates.
A lay magistrate sitting out of petty sessions may not exercise any function conferred or imposed on a magistrates’ court in relation to the conduct of proceedings for an offence, apart from a function to which subsection (3) applies.
This subsection applies to —
any function of issuing a warrant or summons,
any function of remanding an accused who has not previously been remanded for the offence,
any function of ordering a person to enter into a recognisance to keep the peace or to be of good behaviour,
the function under section 21(3) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (committal where offence committed during suspended sentence etc.),
the function under Article 5(4) of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 4)) (committal where offence committed after early discharge),
the functions under section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal etc. of person in custody in pursuance of Crown Court warrant),
any function relating to perjury, misbehaviour or failure to testify in proceedings before a lay magistrate exercising any function to which this subsection applies,
any function relating to adjournment of, or any other ancillary matter concerning, such proceedings,
the function of granting a criminal aid certificate in respect of a person where the lay magistrate is dealing, or has previously dealt, with him by virtue of paragraph (b), (c) or (g), and
the function of granting a criminal aid certificate in relation to an appeal against anything done by a lay magistrate by virtue of paragraph (c) or (g).
The Lord Chancellor may , after consultation with the Lord Chief Justice, by order amend subsection (3).
Subsection (1) is subject to paragraphs 1 to 3 of Schedule 4 which specify functions which are to remain functions of justices of the peace (instead of, or as well as, becoming functions of lay magistrates) or to become functions only of resident magistrates.
Schedule 4 also contains amendments consequential on this section.
In this section references to a function are to a function conferred or imposed by an enactment or instrument passed or made before the time when this section comes into force (including a function conferred or imposed by a provision not in force at that time).
In paragraph 3(1) of Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (composition of juvenile courts), for “persons selected from one or more of the panels mentioned in sub-paragraph (2)” substitute “ lay magistrates for the county court division which includes the petty sessions district or districts for which the court acts or any other county court division which adjoins that county court division ”.
In section 178 of that Act (assessors for county court in appeals from juvenile courts)—
in subsection (1), for “persons selected from one or more than one of the appropriate juvenile court panels,” substitute “ appropriate lay magistrates, at least one of whom (where practicable) is a woman, ”,
in subsection (2), for “person” (in each place) substitute “ lay magistrate ”, and
“appropriate lay magistrate” means a lay magistrate for the county court division for which the county court is held or any other county court division which adjoins that county court division;
In Article 165(2)(i) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (rules of court: discharge of functions of court of summary jurisdiction by member of juvenile court panel), for “member of a juvenile court panel” substitute “ lay magistrate ”.
The Lord Chief Justice is president of— and head of the judges and magistrates who sit in them.
the Court of Appeal,
the High Court,
the Crown Court,
the county courts, and
the magistrates' courts,
The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.
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As President of the Courts of Northern Ireland he is responsible—
for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;
for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;
for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;
for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.
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The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.
The courts are— the Court of Appeal the High Court the Crown Court the county courts the magistrates' courts. the coroners' courts
After section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) insert—
The Lord Chief Justice may delegate any of his functions relating to county courts to the Presiding county court judge.
The Lord Chief Justice must appoint one of the resident magistrates to be the Presiding resident magistrate with responsibility for the magistrates’ courts, the other resident magistrates and the deputy resident magistrates.
The person appointed as Presiding resident magistrate holds that office in accordance with the terms of his appointment.
If the office of Presiding resident magistrate becomes vacant, the Lord Chief Justice may appoint a resident magistrate to act as Presiding resident magistrate, pending a new appointment.
The Lord Chief Justice may delegate any of his functions relating to magistrates’ courts to the Presiding resident magistrate.
The Lord Chief Justice must appoint one of the lay magistrates to be the Presiding lay magistrate with responsibility for the other lay magistrates.
The person appointed as Presiding lay magistrate holds that office in accordance with the terms of his appointment.
If the office of Presiding lay magistrate becomes vacant, the Lord Chief Justice may appoint a lay magistrate to act as Presiding lay magistrate, pending a new appointment.
The Lord Chief Justice must prepare a code of practice relating to the handling of complaints against any person who holds a protected judicial office.
The code must include provision for any complaints appearing to the Lord Chief Justice— to be referred to a tribunal for it to provide advice about any steps which should be taken to deal with the complaint.
to involve a serious allegation of misbehaviour or inability to perform the functions of an office, and
to have a reasonable prospect of being substantiated,
The Lord Chief Justice may from time to time prepare a new code or make alterations to a code.
The Lord Chief Justice must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).
In Schedule 3 to the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to statutory offices), omit the entries relating to the Principal Secretary to the Lord Chief Justice and the Legal Secretary to the Lord Chief Justice.
In section 53(2) of that Act (secretary to Crown Court Rules Committee), for the words from “secretary to” to “such secretary” substitute “ joint secretaries to the Crown Court Rules Committee shall be the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor; and whichever of them is nominated by the Lord Chancellor ”.
In section 54(5) of that Act (joint secretaries to Court of Judicature Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”
In paragraph 6 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6)) (joint secretaries to Northern Ireland Family Proceedings Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”
There is to be a Northern Ireland Judicial Appointments Ombudsman.
The Northern Ireland Public Services Ombudsman is, by virtue of holding that office, the Northern Ireland Judicial Appointments Ombudsman.
Schedule 3A makes further provision about the Ombudsman.
This section applies for the purposes of this Part.
A Commission complaint is a complaint by a qualifying complainant of maladministration by the Commission or a committee of the Commission.
A departmental complaint is a complaint by a qualifying complainant of maladministration by the Lord Chancellor ... in connection with any of the following—
recommendation for or appointment to a listed judicial office;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A qualifying complainant is a complainant who claims to have been adversely affected, as an applicant for selection or as a person selected under this Part or paragraph 2A of Schedule 11 to the Northern Ireland Act 1998, by the maladministration complained of.
The Commission must make arrangements for investigating any Commission complaint made to it.
The Lord Chancellor must make arrangements for investigating any departmental complaint made to him.
Arrangements under this section need not apply to a complaint made more than 28 days after the matter complained of.
Subsections (2) and (3) apply to a complaint which the complainant—
has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and
makes to the Ombudsman not more than 28 days after being notified of the Commission's or Lord Chancellor's decision on the complaint.
If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.
Otherwise he must investigate the complaint.
The Ombudsman may investigate a complaint which the complainant—
has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and
makes to the Ombudsman at any time.
The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.
The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.
A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.
Any complaint to the Ombudsman under this section must be in a form approved by him.
The Ombudsman must prepare a report on any complaint he has investigated under section 9D.
The report must state—
what findings the Ombudsman has made;
whether he considers the complaint should be upheld in whole or part;
if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.
The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.
Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.
This section applies to a report under section 9E.
The Ombudsman must submit a draft of the report—
if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;
otherwise, to the Lord Chancellor.
In finalising the report the Ombudsman—
must have regard to any proposal for changes in the draft report which is made—
if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;
otherwise, by the Lord Chancellor;
must include in the report a statement of any such proposal not given effect to.
The report must be signed by the Ombudsman.
If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the First Minister and deputy First Minister and to the Commission.
Otherwise the Ombudsman must send the report to the Lord Chancellor.
The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—
which relates to an identified or identifiable individual other than the complainant, and
whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9D ....
A person who obtains confidential information, or to whom confidential information is provided, under or for the purposes of a relevant provision must not disclose it except with lawful authority.
These are the relevant provisions—
sections 12 to 12C of the Judicature (Northern Ireland) Act 1978 (appointment and removal of Lord Chief Justice, Lords Justices of Appeal and judges of High Court);
sections 3, ... 7 and 9 to 9H of this Act (appointment and removal of judicial officers, and appointment and removal of lay magistrates);
Schedule 3 to this Act and paragraph 2A of Schedule 11 to the Northern Ireland Act 1998;
sections 134 and 135 of the Constitutional Reform Act 2005 (removal from judicial offices);
section 16 of this Act (complaints about judicial officers);
Information is confidential if it relates to an identified or identifiable individual (a “subject”).
Confidential information is disclosed with lawful authority only if and to the extent that any of the following applies—
the disclosure is with the consent of each person who is a subject of the information (but this is subject to subsection (5));
the disclosure is for (and is necessary for) the exercise by any person of functions under a relevant provision or a decision whether to exercise them;
the disclosure is required, under rules of court or a court order, for the purposes of legal proceedings of any description.
An opinion or other information given by one identified or identifiable individual (A) about another (B)—
is information that relates to both;
must not be disclosed to B without A's consent.
This section does not prevent the disclosure with the agreement of the Lord Chancellor and the Lord Chief Justice of information as to disciplinary action taken in accordance with a relevant provision.
This section does not prevent the disclosure of information which is already, or has previously been, available to the public from other sources.
A contravention of this section in respect of any information is actionable, subject to the defences and other incidents applying to actions for breach of statutory duty.
But it is actionable only at the suit of a person who is a subject of the information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7(1)(a) of the Judicature (Northern Ireland) Act 1978 (c. 23) (further assistance for transaction of business of High Court or Court of Appeal by Lord of Appeal in Ordinary), for “had practised for not less than ten years at the Bar of Northern Ireland” substitute “ was a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court, of at least ten years’ standing ”.
For section 9 of that Act (qualification for appointment as judge of High Court or Court of Appeal) substitute—
In section 103(1) of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) (qualification for appointment as county court judge), for the words after “unless” substitutehe is—
In section 107(1) of that Act (qualification for appointment as deputy county court judge), for the words after “deputy judge” substitutea person who is—
In section 9(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) (qualification for appointment as resident magistrate), for the words after “appointments” substituteare—
In section 2(3) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) (qualification for appointment as coroner), for the words after “unless” substitutehe is—
In section 70(2) of the Judicature (Northern Ireland) Act 1978 (c. 23) (qualification for appointment to offices in Schedule 3), for the words after “unless” substitutehe is—
In Schedule 3 to that Act, in each of the entries relating to a Master . . . , in column 3 (number of years’ standing), for “10” substitute “ 7 ”.
In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), after subsection (1) insert—
Every person appointed to an office specified in Schedule 6 must, before undertaking any functions of the office, either—
take the oath specified in subsection (2), or
make the affirmation and declaration specified in subsection (3).
I.................... do swear that I will well and faithfully serve in the office of.................... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm.
I.................... do solemnly and sincerely and truly affirm and declare that I will well and faithfully serve in the office of.................... and that I will do right to all manner of people without fear or favour, affection or ill-will according to the laws and usages of this realm.
The Lord Chancellor may by order amend Schedule 6 by—
adding an office,
omitting an office, or
altering the description of an office.
An order under subsection (4) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).
In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), for subsection (3) substitute—
Article 40 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) (power to extend judicial pension schemes in connection with pension credits) is amended as follows.
In paragraph (2), after sub-paragraph (g) insert—
In paragraph (3)(a)—
for “(2)(d) and (e)” substitute “ (2)(d) or (e) ”, and
for “(2)(a) to (c), (f) and (g),” substitute “ (2)(a), (b), (c), (f), (g), (h) or (i) ”.
In paragraph (4)(a), for “(2)(a) to (c), (f) and (g)” substitute “ (2)(a), (b), (c), (f), (g), (h) or (i) ”.
The Attorney General for England and Wales shall no longer be Attorney General for Northern Ireland.
The First Minister and deputy First Minister, acting jointly, must appoint a person to be Attorney General for Northern Ireland.
The Attorney General for Northern Ireland is to be funded by the First Minister and deputy First Minister, acting jointly.
The Attorney General for Northern Ireland may appoint staff, but subject to the approval of the First Minister and deputy First Minister as to—
numbers,
salary, and
other conditions of service.
The functions of the Attorney General for Northern Ireland shall be exercised by him independently of any other person.
A person is not qualified for appointment as Attorney General for Northern Ireland unless he is—
a member of the Bar of Northern Ireland of at least ten years’ standing, or
a solicitor of the Court of Judicature of at least ten years’ standing.
The First Minister and deputy First Minister, acting jointly, must make arrangements for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.
Subject as follows, the Attorney General for Northern Ireland holds office in accordance with the terms of his appointment (or re-appointment).
A person may not be appointed as the Attorney General for Northern Ireland for more than five years at a time.
The Attorney General for Northern Ireland may resign by notice in writing to the Office of the First Minister and deputy First Minister.
The First Minister and deputy First Minister, acting jointly, must pay to or in respect of the Attorney General for Northern Ireland any such salary or allowances as they may determine.
Section 48 of the Northern Ireland Act 1998 (c. 47) (pensions) applies in relation to a person who has ceased to be the Attorney General for Northern Ireland.
Attorney General for Northern Ireland.
Attorney General for Northern Ireland.
The Attorney General for Northern Ireland is disqualified from being elected to, or being a member of, a district council in Northern Ireland.
The Attorney General for Northern Ireland.
The Attorney General for Northern Ireland—
may be removed from office by the First Minister and deputy First Minister, acting jointly, if a tribunal convened under subsection (3) has reported to them recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office, and
may be suspended from office by them (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to them that he be suspended.
If the Attorney General for Northern Ireland is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).
A tribunal may be convened by the First Minister and deputy First Minister, acting jointly.
A tribunal is to consist of—
a person who holds high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and
a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.
The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor after consultation with all of the following—
the President of the Supreme Court;
the Lord Chief Justice of England and Wales;
the Lord President of the Court of Session;
the Lord Chief Justice of Northern Ireland.
The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4).
The procedure of a tribunal is to be determined by its chairman.
The First Minister and deputy First Minister, acting jointly, may pay to a member of a tribunal any such allowances or fees as they may determine.
The Attorney General for Northern Ireland may participate in the proceedings of the Assembly to the extent permitted by its standing orders but he may not vote in the Assembly.
The Assembly’s standing orders may in other respects provide that they are to apply to the Attorney General of Northern Ireland as if he were a member of the Assembly.
The Attorney General for Northern Ireland may, in any proceedings of the Assembly, decline to answer any question or produce any document relating to the operation of the system of prosecution of offences in any particular case if he considers that answering the question or producing the document—
might prejudice criminal proceedings in that case, or
would be otherwise against the public interest.
Section 43 of the Northern Ireland Act 1998 (c. 47) (interests of members of Assembly) applies to the Attorney General for Northern Ireland as if he were a member of the Assembly.
The Attorney General for Northern Ireland must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.
The Attorney General for Northern Ireland must send a copy of each annual report of his to the Office of the First Minister and deputy First Minister.
The First Minister and deputy First Minister, acting jointly, must lay before the Assembly a copy of each annual report received by their Office under subsection (2).
After a copy of an annual report has been laid in accordance with subsection (3), the First Minister and deputy First Minister, acting jointly, must arrange for the annual report to be published.
But the First Minister and deputy First Minister, acting jointly, may exclude a part of an annual report from the copy laid or published if, in their opinion, the laying or publication of the part—
would be against the public interest, or
might jeopardise the safety of any person.
If the First Minister and deputy First Minister exclude a part of an annual report from laying or publication, they must lay or publish with the annual report a statement that it has been excluded.
“Financial year” means—
the period beginning with the day on which the first person appointed under section 22 takes office and ending with the first 31st March which falls at least six months after that day, and
each subsequent period of twelve months beginning with 1st April.
After the coming into force of section 22(1), the Attorney General for England and Wales shall, by virtue of that office, also be Advocate General for Northern Ireland.
In section 2 of the Law Officers Act 1997 (c. 60) (exercise of functions of Attorney General for Northern Ireland by Solicitor General)—
in subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”,
in subsections (2) to (5), for “Attorney General” (in each place) substitute “ Advocate General ”, and
in subsection (6), for “ “Attorney General” means the Attorney” substitute “ “Advocate General” means the Advocate ”.
The Advocate General for Northern Ireland and the Solicitor General for England and Wales shall have in Northern Ireland the same rights of audience as members of the Bar of Northern Ireland.
In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), after paragraph 21 insert—
Schedule 7 makes provision about the functions of the Advocate General for Northern Ireland.
The Secretary of State may by order make amendments in any enactment or instrument (whenever passed or made) for, or in connection with, the transfer to the Advocate General for Northern Ireland of a function of the Attorney General for Northern Ireland of giving consent to the institution or conduct of criminal proceedings (whether or not as an alternative to the consent of any other person).
There is to be a prosecuting service for Northern Ireland known as the Public Prosecution Service for Northern Ireland.
The Service is to consist of—
the Director of Public Prosecutions for Northern Ireland,
the Deputy Director of Public Prosecutions for Northern Ireland, and
the members of staff of the service appointed under subsection (4).
The Service is to be funded out of money appropriated for that purpose by Act of the Northern Ireland Assembly.
The Director may appoint staff of the Service, but subject to the approval of the Department of Finance and Personnel as to—
numbers,
salary, and
other conditions of service.
The Director may designate any member of staff of the Service who is— and any person designated under this subsection is to be known as a Public Prosecutor.
a member of the Bar of Northern Ireland, or
a solicitor of the Court of Judicature;
The Director is head of the Service; and the Deputy Director and the Public Prosecutors and the other members of staff of the Service are subject to his direction and control.
The Director and Deputy Director (if barristers) and Public Prosecutors designated under subsection (5)(a) are not prevented from— by not having been instructed by a solicitor.
conducting any criminal proceedings, or
exercising a right of audience in any criminal proceedings,
The Director may set up and maintain such offices, in such places in Northern Ireland, as he considers appropriate for the exercise of his functions.
The Attorney General for Northern Ireland must—
appoint a person to be Director of Public Prosecutions for Northern Ireland, and
appoint a person to be Deputy Director of Public Prosecutions for Northern Ireland.
A person is not qualified for appointment as Director unless he is—
a member of the Bar of Northern Ireland of at least ten years’ standing, or
a solicitor of the Court of Judicature of at least ten years’ standing.
A person is not qualified for appointment as Deputy Director unless he is—
a member of the Bar of Northern Ireland of at least seven years’ standing, or
a solicitor of the Court of Judicature of at least seven years’ standing.
The Deputy Director has all the powers of the Director but must exercise them subject to his direction and control.
A person appointed as Director or Deputy Director holds office until the end of the year of service in which he attains the age of 65 or such later time as the Attorney General for Northern Ireland may specify.
But the Director and Deputy Director—
may resign by notice in writing to the Attorney General for Northern Ireland, and
may be removed from office in accordance with section 40(3) or 43.
If the office of Director is vacant or the Director is not available to exercise his functions, the Deputy Director has all the functions of the Director.
If the office of Deputy Director becomes vacant, the Attorney General for Northern Ireland may appoint a member of staff of the Service to act as Deputy Director, on such terms as to tenure as the Attorney General for Northern Ireland determines, pending a new appointment.
There is to be paid (out of money appropriated as mentioned in section 29(3)) to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such— as the Department of Finance and Personnel may determine.
salary,
allowances, or
sums for the provision of pensions,
The Director is not required to give security with respect to any proceedings; and no order may be made by any court requiring security to be given to the Director with respect to any proceedings.
The Director (and the Deputy Director and members of staff of the Service) may not be required in any proceedings of the Assembly to answer any question or produce any document relating to a matter other than the finances and administration of the Service.
The Director must take over the conduct of all criminal proceedings which are instituted in Northern Ireland on behalf of any police force (whether by a member of that force or any other person).
The Director may institute, and have the conduct of, criminal proceedings in any other case where it appears appropriate for him to do so.
The Director must take over conduct of all criminal proceedings which are instituted in Northern Ireland by the ICRIR.
This section does not preclude any person other than the Director from—
instituting any criminal proceedings, or
conducting any criminal proceedings to which the Director’s duty to conduct proceedings does not apply.
The Director may at any stage take over the conduct of any criminal proceedings which are instituted in circumstances in which he is not under a duty to take over their conduct, other than any proceedings of which the Director of the Serious Fraud Office has conduct.
The Director must give to police forces and to the ICRIR such advice as appears to him appropriate on matters relating to the prosecution of offences.
“Police force” means—
the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,
the Ministry of Defence Police,
any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I 1994/426 (N.I. 1)), or
any body of special constables appointed in Northern Ireland under section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) or section 57 of the Civil Aviation Act 1982 (c. 16).
In this section “ICRIR” means the Independent Commission for Reconciliation and Information Recovery.
The Director of Public Prosecutions for Northern Ireland is a corporation sole.
The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.
An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.
Where the Director has the conduct of proceedings in relation to an offence against a person, he may discontinue the proceedings (without the leave of any court) at any time before the person has appeared or been brought before a court in connection with the offence.
Where proceedings against a person in relation to an offence are discontinued under subsection (1), the Director must inform— that the proceedings have been discontinued.
the person, and
any court before which the person has been required to appear in connection with the offence,
Where proceedings against a person in relation to an offence are discontinued under subsection (1)—
if he is in detention in connection with the offence, he must be released unless his detention is justified otherwise than by reason of the offence, and
if he is subject to a requirement to appear before a court, or attend at a police station, in connection with the offence, the requirement ceases to have effect.
The discontinuance under subsection (1) of proceedings against a person in relation to an offence does not prevent the subsequent institution of proceedings against him in relation to the offence (or any other offence).
This section has effect in relation to every provision requiring the giving of consent by the Director (whether or not as an alternative to the consent of any other person) to the institution or conduct of criminal proceedings (“a consent provision”).
A consent provision is deemed to be complied with if the consent is produced to the court—
in the case of an indictable offence, at any time before the indictment is presented, or
in the case of an offence to be tried summarily, at any time before the plea of the accused person is taken.
For the purposes of a consent provision it is sufficient—
to describe the offence to which the consent relates in general terms,
to describe in ordinary language any property or place to which reference is made in the consent so as to identify with reasonable clarity that property or place in relation to the offence, and
to describe the accused person or any other person to whom reference is made in the consent in terms which are reasonably sufficient to enable him to be identified in relation to the offence, without necessarily stating his correct name, or his address or occupation.
A consent required by a consent provision may be amended at any time before the arraignment of the accused person, or before his plea is taken.
And if at any subsequent stage of a trial it appears to the court that the consent is defective, the court may afford the person giving the consent the opportunity of making such amendments as the court may think necessary if the court is satisfied that such amendments can be made without injustice to the accused person.
Any document purporting— is admissible as prima facie evidence without further proof.
to be the consent of the Director or the Deputy Director to the institution or conduct of criminal proceedings, or criminal proceedings in any particular form, and
to be signed by the Director or Deputy Director,
The Director may have the conduct of any extradition proceedings in Northern Ireland.
The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.
Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) (Police Ombudsman for Northern Ireland) is amended as follows.
“the Director” means the Director of Public Prosecutions for Northern Ireland;
In section 52 (complaints: receipt and initial classification), in subsections (1)(b), (6) and (7), after “Board” insert “ , the Director ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a person is committed for trial, the clerk of the court to which he is committed must send, or cause to be sent, to the Director without delay—
a copy of every complaint, deposition, examination, statement and recognisance connected with the charge, and
a copy of all other documents in his custody which are connected with the charge or, if it is not reasonably practicable to copy any of them, particulars of the documents which it is not reasonably practicable to copy.
Where a complaint has been made before a resident magistrate, a lay magistrate or a clerk of petty sessions, he must (whether or not proceedings have been taken on it) cause to be sent to the Director, on being requested by the Director to do so, copies of all documents in his custody which are connected with the complaint.
Where the circumstances of any death which has been, or is being, investigated by a coroner appear to the coroner to disclose that an offence may have been committed against the law of Northern Ireland or the law of any other country or territory, the coroner must as soon as practicable send to the Director a written report of the circumstances.
The Chief Constable of the Police Service of Northern Ireland must give to the Director information about offences alleged to have been committed against the law of Northern Ireland which are of any description specified by the Director.
The Chief Constable of the Police Service of Northern Ireland must, at the request of the Director, ascertain and give to the Director—
information about any matter appearing to the Director to need investigation on the ground that it may involve an offence committed against the law of Northern Ireland, and
information appearing to the Director to be necessary for the exercise of his functions.
A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence the Director, the Deputy Director or a Public Prosecutor in any decision as to whether to institute or continue criminal proceedings.
A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence a barrister or solicitor to whom the Director has under section 36(2) assigned the institution or conduct of any criminal proceedings in any decision as to whether to institute or continue those proceedings.
A person guilty of an offence under this section is liable—
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both, and
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
Proceedings for an offence under this section shall not be instituted without the consent of the Director.
The Director may delegate any of his powers (to such extent as he determines) to—
any Public Prosecutor, or
any other member of staff of the Public Prosecution Service for Northern Ireland.
The Director may at any time appoint a person who is not a member of staff of the Service but who is a barrister or solicitor in Northern Ireland to institute or take over the conduct of criminal proceedings or extradition proceedings assigned to him by the Director.
A person conducting proceedings assigned to him under subsection (2) has all the powers of a Public Prosecutor but must exercise them subject to any instructions given to him by a Public Prosecutor.
The Director must prepare a code of practice for—
Public Prosecutors, and
barristers and solicitors to whom the Director assigns the institution or conduct of criminal proceedings.
The code must include a code of ethics laying down standards of conduct and practice.
The code must also give guidance on general principles to be applied—
in determining, in any case, whether criminal proceedings should be instituted or, where criminal proceedings have been instituted, whether they should be discontinued, and
in determining, in any case, what charges should be preferred.
The Director may from time to time prepare a new code or make alterations to a code.
In preparing or making alterations to a code the Director must be guided by the general principles of the Guidelines on the Role of Prosecutors adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana between 27th August and 7th September 1990.
The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).
In preparing or making alterations to a code the Director must also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004.
Section 75 (duty on public authorities to have regard to need to promote equality of opportunity and good relations between different groups) and section 76 (discrimination by public authorities) of the Northern Ireland Act 1998 (c. 47) are amended as follows.
In subsection (3) of section 75, after paragraph (cc) insert—.
After subsection (4) of that section insert—
In subsection (7) of section 76, after paragraph (e) insert—.
After that subsection insert—
The Director must, as soon as possible after the end of each financial year, prepare a report (an “annual report”) on how he has exercised his functions during the financial year.
The provisions of a code of practice for Public Prosecutors must be set out in the Director’s annual report for the financial year in which the code is issued; and any alterations to the code must be set out in his annual report for the financial year in which the alterations are made.
The Attorney General for Northern Ireland must arrange for each annual report of the Director to be published.
But the Attorney General for Northern Ireland may exclude a part of an annual report from the copy to be published if, in his opinion, the publication of the part—
would be against the public interest, or
might jeopardise the safety of any person.
If the Attorney General for Northern Ireland excludes a part of an annual report from publication, he must publish with the annual report a statement that it has been excluded.
“Financial year” means—
the period beginning with the day on which section 29 comes into force and ending with the first 31st March which falls at least six months after that day, and
each subsequent period of twelve months beginning with 1st April.
This section applies for so long as the Attorney General for England and Wales is Attorney General for Northern Ireland.
The Director must exercise his functions under the superintendence of the Attorney General for Northern Ireland and is subject to any directions given by him; but a failure to comply with this subsection does not affect the validity of anything done by or on behalf of the Director.
The Attorney General for Northern Ireland may remove the Director or Deputy Director from office on the ground of misbehaviour or inability to perform the functions of the office.
This section and sections 42 and 43 apply once the Attorney General for Northern Ireland is a person appointed under section 22(2).
Any function of the Attorney General for Northern Ireland of consenting to the institution or conduct of criminal proceedings is transferred to the Director (but subject to Schedule 7).
The function of the Attorney General for Northern Ireland of entering a nolle prosequi is transferred to the Director.
The Attorney General for Northern Ireland may not present, or direct the presentation of, an indictment against a person charging him with an offence.
In section 36(9)(a) of the Criminal Justice Act 1988 (c. 33) (reference to Court of Appeal of unduly lenient sentences), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.
In section 15 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (reference to Court of Appeal of point of law following acquittal on indictment), for “Attorney General for Northern Ireland” (in both places) substitute “ Director of Public Prosecutions for Northern Ireland ”.
The functions of the Director shall be exercised by him independently of any other person.
The Director must consult the Attorney General for Northern Ireland and the Advocate General for Northern Ireland—
before issuing or making alterations to a code under section 37, and
before preparing his annual report.
The Attorney General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Attorney General for Northern Ireland is accountable to the Assembly.
The Advocate General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Advocate General for Northern Ireland is accountable to Parliament.
The Director must send a copy of each annual report prepared by him to—
the Attorney General for Northern Ireland, and
the Advocate General for Northern Ireland.
The Attorney General for Northern Ireland must lay before the Assembly a copy of each annual report received by him under subsection (5); and the Advocate General for Northern Ireland must lay before each House of Parliament a copy of each annual report so received by him.
If a part of an annual report is excluded from publication under section 39(4)—
the same exclusion is to be made from the copies which are laid under subsection (6), and
a statement that the part has been excluded is to be laid with those copies.
The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director.
The Director or Deputy Director—
may be removed from office by the Attorney General for Northern Ireland if a tribunal convened under subsection (4) has reported to him recommending that the Director or Deputy Director be removed on the ground of misbehaviour or inability to perform the functions of the office, and
may be suspended from office by the Attorney General for Northern Ireland (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Attorney General for Northern Ireland that he be suspended.
If the Director or Deputy Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).
A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland.
A tribunal is to consist of—
a person who holds high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and
a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.
The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor after consultation with all of the following—
the President of the Supreme Court;
the Lord Chief Justice of England and Wales;
the Lord President of the Court of Session;
the Lord Chief Justice of Northern Ireland.
The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5).
The procedure of a tribunal is to be determined by its chairman.
The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.
For the purposes of this Part proceedings in relation to an offence are instituted—
where a summons is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), when the complaint for the offence is made under that Article,
where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article,
where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge,
where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court.
Where the application of subsection (1) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times.
Where proceedings are instituted on the making of a complaint under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), section 31(1) does not require the Director to do anything until the summons or warrant issued under that Article has been served or executed.
For the purposes of this Part references to the conduct of any proceedings include discontinuing the proceedings and the taking of any steps which may be taken in relation to the proceedings (including making representations on appeals or applications for judicial review or in bail applications).
For the purposes of this Part binding over proceedings shall be taken to be criminal proceedings.
“Binding over proceedings” means any proceedings instituted (whether by way of complaint under Article 127 of the Magistrates’ Courts (Northern Ireland) Order 1981 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognisance to keep the peace or to be of good behaviour.
For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.
There is to be an office of Chief Inspector of Criminal Justice in Northern Ireland.
The Department of Justice must appoint a person to be the Chief Inspector.
Schedule 8 makes further provision about the Chief Inspector.
The Chief Inspector must carry out inspections of the following organisations—
the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,
Forensic Science Northern Ireland,
the National Crime Agency,
the State Pathologist’s Department,
the Public Prosecution Service for Northern Ireland,
the Probation Board for Northern Ireland,
the Northern Ireland Prison Service,
the Youth Justice Agency;
the Parole Commissioners for Northern Ireland,
any body or person . . . with whom the Department of Justice has made arrangements for the provision of juvenile justice centres or attendance centres,
... Health and Social Care Trusts,
the Central Investigation Service within the Department of Agriculture and Rural Development,
the Department of Justice insofar as it is concerned with the operation of the criminal courts,
the Legal Services Agency Northern Ireland,
the Veterinary Service Enforcement Branch within the Department of Agriculture and Rural Development,
the Child Maintenance and Enforcement Division,
the Department of Enterprise, Trade and Investment,
the Department of the Environment,
the Health and Safety Executive for Northern Ireland,
the Northern Ireland Tourist Board,
the Police Ombudsman for Northern Ireland,
the Royal Mail Group plc, . . .
the Northern Ireland Social Security Agency.
Belfast International Airport Limited,
Belfast Harbour Commissioners, and
Larne Harbour Limited.
But the Chief Inspector must not carry out inspections of an organisation if he is satisfied that the organisation is subject to adequate inspection by someone other than him.
An inspection of an organisation carried out by the Chief Inspector may cover any institution provided or managed by the organisation.
An inspection carried out by the Chief Inspector of an organisation providing juvenile justice centres or attendance centres (other than the Youth Justice Agency) may cover only activities relating to the juvenile justice centres or attendance centres.
An inspection of the National Crime Agency carried out by the Chief Inspector may cover only the exercise of functions of that Agency in Northern Ireland.
An inspection carried out by the Chief Inspector of ... a Health and Social Services trust may cover only activities relating to the keeping of children in secure accommodation under custody care orders.
The Department of Justice may by order amend subsection (1) by—
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.
An order under subsection (6) may make appropriate consequential amendments in this section or in any other enactment or any instrument (whenever passed or made).
The Chief Inspector must from time to time, after consultation with the Department of Justice , the Advocate General for Northern Ireland ... and the Attorney General for Northern Ireland, prepare a programme specifying the inspections which he proposes to carry out under section 46.
The Chief Inspector must send a copy of each programme prepared under subsection (1) to—
the Secretary of State,
the Department of Justice,
the Attorney General for Northern Ireland.
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The Chief Inspector must consult the Secretary of State if—
he proposes to specify an inspection in a programme under subsection (1), and
it appears to him that the inspection would cover activities relating to national security.
The Department of Justice may require the Chief Inspector to carry out an inspection of an organisation specified in section 46.
The Chief Inspector must consult the Secretary of State if the Chief Inspector proposes to specify an inspection programme under subsection (1) which includes an inspection of the National Crime Agency.
The Department of Justice may require the Chief Inspector to carry out a review of any matter relating to the criminal justice system in Northern Ireland (apart from a matter relating to a court or tribunal).
The Department of Justice may not require the Chief Inspector to carry out an inspection or review under subsection (3) or (4) relating (wholly or partly) to the Public Prosecution Service for Northern Ireland without the consent of the Advocate General for Northern Ireland and the Attorney General for Northern Ireland.
The Chief Inspector may not—
carry out inspections or reviews of individual cases, or
carry out an inspection relating to activities of an organisation which do not concern the criminal justice system in Northern Ireland.
The Department of Justice may require the Chief Inspector to provide advice in relation to an organisation specified in section 46.
The Department of Justice must consult the Secretary of State before requiring the Chief Inspector to carry out an inspection under subsection (3) of the National Crime Agency.
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The Chief Inspector may not inspect persons—
making judicial decisions, or
exercising judicial discretion.
A person involved in the carrying out of an inspection or review by the Chief Inspector may, on showing evidence of his authority (if required to do so), enter any premises at any reasonable hour for the purposes of the inspection or review.
Such a person may, for the purposes of the inspection or review, require—
that documents be produced in a form in which they can be taken away or be made available for inspection and copying,
that an explanation be given of any document produced or made available, or
that other information be provided.
A person commits an offence if—
he fails, without reasonable excuse, to comply with a requirement imposed on him by virtue of subsection (2), or
he intentionally obstructs a person involved in the carrying out of an inspection or review by the Chief Inspector.
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
“Document” includes anything in which information is stored in electronic or any other form; and, in relation to anything containing information in electronic form, references to production or making available are to production or making available in a form in which the information is readily intelligible.
The Chief Inspector must report to the Department of Justice on each inspection and review carried out by the Chief Inspector.
When a report is received by the Secretary of State, he must—
lay a copy of it before each House of Parliament, and
arrange for it to be published.
In this section “protected information” means information the inclusion of which in a report under subsection (1) would be against the public interest on the ground of national security.
But the Secretary of State may exclude a part of a report from the copy so laid or published if, in his opinion, the laying or publication of the part—
would be against the public interest, or
might jeopardise the safety of any person.
If it appears to the Secretary of State that— the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State or, if the report is not completed when the requirement is imposed, to refer the report once it is completed.
the Chief Inspector is required to prepare a report in compliance with subsection (1), and
the report might contain (or once completed might contain) protected information,
If the Secretary of State excludes a part of a report from laying or publication, he must lay or publish with the report a statement that it has been excluded.
The Secretary of State must, within— notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.
the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1B), or
such longer period as may be agreed between the Secretary of State and the Department of Justice,
If a report relates (wholly or partly) to the Public Prosecution Service for Northern Ireland, the Chief Inspector must send a copy of it to the Advocate General for Northern Ireland and the Attorney General for Northern Ireland.
If it appears to the Chief Inspector that a report in compliance with subsection (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under subsection (1B), the Chief Inspector must refer the report to the Secretary of State.
The Secretary of State must, within— notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.
the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1D), or
such longer period as may be agreed between the Secretary of State and the Department of Justice,
Where the Secretary of State has required a report to be referred to him under subsection (1B), or the Chief Inspector is required to refer a report to the Secretary of State under subsection (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—
in accordance with subsection (1G),
after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or
after the period mentioned in subsection (1C) or (1E) has expired without any notification being given by the Secretary of State.
Where the Secretary of State informs the Chief Inspector under subsection (1C) or (1E) that, in the opinion of the Secretary of State, a report contains protected information—
the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;
the Chief Inspector must exclude that information from the report;
the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);
the Secretary of State must, either before or as soon as practicable after the report is laid before the Northern Ireland Assembly under subsection (1I), lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).
When the Chief Inspector sends a report to the Department of Justice under subsection (1) from which information has been excluded under subsection (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.
Where a report is received by the Department of Justice under subsection (1), the Department must—
lay a copy of it before the Northern Ireland Assembly, and
arrange for it to be published.
But the Department of Justice may exclude a part of a report from the copy so laid or published if, in the opinion of the Department, the laying or publication of the part—
would be against the public interest, or
might jeopardise the safety of any person.
If the Department of Justice excludes a part of a report from laying or publication, the Department must lay or publish with the report a statement that it has been excluded.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.
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There is to be a body corporate known as the Northern Ireland Law Commission.
The Commission is to consist of— appointed by the Department of Justice.
a chairman, and
four other Commissioners,
The chairman is to be a person who holds the office of judge of the High Court.
Of the other Commissioners—
one is to be a person appearing to the Department of Justice to be suitably qualified to be a Commissioner by experience as a barrister,
one is to be a person appearing to the Department of Justice to be suitably qualified to be a Commissioner by experience as a solicitor,
one is to be a person appearing to the Department of Justice to be suitably qualified to be a Commissioner by experience as a teacher of law in a university, and
the other is to be a person who does not hold (and has never held) judicial office and is not (and has never been) a barrister, solicitor or teacher of law in a university.
Before appointing a person to be a Commissioner the Department of Justice must consult—
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the First Minister and deputy First Minister, and
the Attorney General for Northern Ireland.
In appointing persons to be Commissioners, the Department of Justice must so far as possible secure that the Commissioners (taken together) are representative of the community in Northern Ireland.
Schedule 9 makes further provision about the Commission.
The Commission must keep under review the law of Northern Ireland with a view to its systematic development and reform, including in particular by— and generally by simplifying and modernising it.
codification,
the elimination of anomalies,
the repeal of legislation which is no longer of practical utility, and
the reduction of the number of separate legislative provisions,
For that purpose the Commission must—
consider any proposals for the reform of the law of Northern Ireland made or referred to it,
prepare and submit to the Department of Justice (from time to time) programmes for the examination of different branches of that law with a view to reform, including recommendations as to the agency (whether itself or another body) by which any such examination should be carried out,
undertake, pursuant to any such recommendations approved by the Department of Justice, the examination of particular branches of that law and the formulation (by means of draft legislation or otherwise) of proposals for reform of those branches,
prepare (from time to time) at the request of the Department of Justice comprehensive programmes of consolidation and repeal of legislation, and undertake the preparation of draft legislation pursuant to any such programme approved by the Department of Justice,
provide advice and information—
to Northern Ireland departments, and
with the consent of the Department of Justice, to departments of the Government of the United Kingdom and other authorities or bodies concerned with proposals for the reform or amendment of any branch of the law of Northern Ireland, and
obtain such information as to the legal systems of other countries as appears to the Commission likely to facilitate the performance of its other duties.
Before approving any programme prepared by the Commission, the Department of Justice must consult—
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the Attorney General for Northern Ireland.
In performing its duties the Commission must consult—
the Law Commission,
the Scottish Law Commission, and
the Law Reform Commission of the Republic of Ireland.
Before approving any programme prepared by the Commission that includes— the Department of Justice must consult the Secretary of State.
the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or
the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter,
The Commission must make an annual report on how it has performed its duties.
For the purposes of subsection (3A) “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.
The Commission must send to the Department of Justice a copy of—
each programme prepared by the Commission and approved by the Department of Justice,
each set of proposals for reform formulated by the Commission pursuant to such a programme, and
each annual report of the Commission.
The Department of Justice must lay before the Northern Ireland Assembly a copy of each document received by it under subsection (1).
The Commission must send to the Secretary of State a copy of—
any programme prepared by the Commission and approved by the Department of Justice which includes—
the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or
the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter,
any set of proposals for reform formulated by the Commission pursuant to an approved programme which relate (in whole or in part) to a reserved matter or an excepted matter, and
any annual report of the Commission which contains anything relevant to a reserved matter or an excepted matter.
The Secretary of State must lay before each House of Parliament a copy of each document received by the Secretary of State under subsection (3).
After a copy of a document has been— the Commission must arrange for the document to be published.
laid before the Assembly in accordance with subsection (2), and
if so required by subsection (4), laid before Parliament in accordance with that subsection,
In this section “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a copy of a document as it applies in relation to the laying of a statutory document under an enactment.
The principal aim of the youth justice system is to protect the public by preventing offending by children.
All persons and bodies exercising functions in relation to the youth justice system must have regard to that principal aim in exercising their functions, with a view (in particular) to encouraging children to recognise the effects of crime and to take responsibility for their actions.
But all such persons and bodies must also—
have the best interests of children as a primary consideration; and
have regard to the welfare of children affected by the exercise of their functions (and to the general principle that any delay in dealing with children is likely to prejudice their welfare), with a view (in particular) to furthering their personal, social and educational development.
“Youth justice system” means the system of criminal justice in so far as it relates to children.
“Offending” includes re-offending.
“Children” means persons who are under the age of 18.
After Article 36 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—
After Article 36D of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 54 of this Act) insert—
After Article 44 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—
After Article 3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—
After Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—
After Article 33 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—
After Article 36I of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 55 of this Act) insert—
The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) has effect subject to the following amendments.
After Article 28 insert—
After Article 35 insert—
After Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert the Schedule set out in Schedule 10 to this Act which makes provision about the enforcement etc. of reparation orders, community responsibility orders and youth conference orders.
Schedule 11 makes amendments of enactments and instruments for extending the youth justice system to 17 year olds.
The Department of Justice may by order make provision amending any other enactments or instruments (whenever passed or made) for, or in connection with, extending the youth justice system to 17 year olds.
In Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (juvenile justice centre orders for offences punishable in the case of an adult with imprisonment), after paragraph (3) insert—
In Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment of children convicted of certain grave crimes), after paragraph (2) insert—
The Royal Arms must not be displayed in any courtroom.
But subsection (1) does not prevent the display of the Royal Arms anywhere in— where they were displayed immediately before the coming into force of this section.
the courtrooms in the Royal Courts of Justice in Belfast,
the courtrooms in the Courthouse in Armagh,
the courtroom in the Courthouse in Banbridge,
Court No. 1 in the Courthouse in Downpatrick,
the courtrooms in the Courthouse in Magherafelt, or
the courtrooms in the Courthouse in Omagh,
The Royal Arms must not be displayed— unless they were displayed there immediately before the coming into force of this section.
on the exterior of an existing court-house, or
in any other place outside an existing court-house which is used for the purposes of the court-house,
“Existing court-house” means a court-house which is in use before the coming into force of this section.
Any authorisation which would be required for the purpose of complying with this section is to be regarded as having been obtained.
“Authorisation” includes any approval, consent, licence or permission (whether required by any enactment or instrument or otherwise).
In Article 3(1) of the Flags (Northern Ireland) Order 2000 (S.I. 2000/1347 (N.I. 3)) (power to make regulations about the flying of flags at government buildings), insert at the end “and court-houses”.
The Flags Regulations (Northern Ireland) 2000 (S.R. 2000 No. 347) (which were made in the exercise of that power) apply in relation to court-houses as they apply in relation to the government buildings specified in Part 1 of the Schedule to the Regulations (but subject to any amendment which may be made to the Regulations in the further exercise of that power).
The Department of Justice must make a victim information scheme and may from time to time make a new scheme or alterations to a scheme.
A victim information scheme is a scheme requiring the Department of Justice to make available information about the discharge or temporary release of persons serving sentences of imprisonment in Northern Ireland imposed in respect of the commission of offences (“imprisoned offenders”) to victims of the offences who wish to receive it.
A scheme—
must require that information as to the month in which it is anticipated that an imprisoned offender will be discharged is to be made available under the scheme, and
must require that, unless it is not reasonably practicable to do so, the fact that the temporary release of an imprisoned offender is being considered is to be made available under the scheme.
A scheme may require that other information relating to the discharge and temporary release of imprisoned offenders is to be made available under the scheme including, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released.
A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person who is not the actual victim of the offence but was directly affected by it is to be regarded for the purposes of the scheme as a victim of the offence (as well as any actual victim).
A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of the scheme as a victim of the offence (instead of an actual victim).
A scheme must specify how victims are to indicate that they wish to receive information under the scheme.
The Department of Justice is not required to make information available under a scheme—
if the Department of Justice believes that to do so would adversely affect the well-being of the actual victim of an offence or a person who is regarded for the purposes of the scheme as being a victim of an offence by virtue of subsection (5),
if the Department of Justice believes that to do so would threaten the safety of any person, or
in other circumstances specified by the scheme.
A scheme may make different provision in relation to—
different descriptions of imprisoned offenders, or
imprisoned offenders convicted or sentenced at different times.
“Discharge” includes release— (whether or not subject to conditions); and “discharged” is to be construed accordingly.
on licence, or
in pursuance of a grant of remission,
If a person who is the victim of an offence for the purposes of a scheme under section 68 makes to the Department of Justice representations falling within subsection (2) the Department of Justice has the obligations specified in subsection (3).
Representations fall within this subsection if they are to the effect that the temporary release of a person serving a sentence of imprisonment in Northern Ireland imposed in respect of the commission of the offence would threaten the safety, or otherwise adversely affect the well-being, of—
the actual victim of the offence, or
a person who is regarded for the purposes of the scheme as a victim of the offence by virtue of section 68(5).
The Department of Justice must—
have regard to the representations in deciding whether the person should be temporarily released and, if so, any conditions to which he is to be subject, and
inform the victim of any such decision.
In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—
detained pursuant to directions ... under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), or
detained in a young offenders centre as the result of an order of the Crown Court.
In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—
include a person who, in consequence of a restricted transfer from Northern Ireland, is serving part of a sentence of imprisonment in another part of the United Kingdom, but
do not include a person who, in consequence of a restricted transfer from another part of the United Kingdom, is serving part of a sentence of imprisonment in Northern Ireland.
“Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).
In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.
In subsection (4) and section 69A(3)—
In section 69A(3)—
“hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;
“sentence of imprisonment” has the meaning given in Article 53(5) of that Order.
In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.
The Department of Justice must make a scheme requiring the Department of Justice to make available to persons falling within subsection (2) information about— persons in respect of whom relevant determinations have been made.
the discharge from hospital of, or
the grant of leave of absence from hospital to,
The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.
A relevant determination is made in respect of a person if—
a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or
a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.
The Department of Justice may from time to time make a new scheme or alterations to a scheme.
The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—
his discharge from hospital, or
the grant of leave of absence from hospital to him.
A condition is relevant for the purposes of subsection (5) if it appears to the Department of Justice that it might affect a victim of an offence in respect of which the determination was made.
A scheme may require the Department of Justice to take all reasonable steps to ascertain whether a person who appears to it to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).
The matters are—
whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;
if so, what conditions.
A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.
A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.
The other information may include, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.
Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.
A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.
If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Department of Justice representations falling within subsection (2) the Department of Justice has the obligations specified in subsection (3).
Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—
the actual victim of the offence in respect of which the determination was made, or
a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).
The Department of Justice must—
have regard to the representations in deciding whether the Department should give its consent to leave of absence being granted, and
inform the victim of any such decision.
Section 69A(3) (relevant determination) applies for the purposes of this section.
The Department of Justice must devise a strategy for enhancing community safety in Northern Ireland.
References in this section ... to enhancing community safety in any place are to making the place one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.
The Department of Justice may from time to time devise a new strategy or make alterations to a strategy.
Before devising or making alterations to a strategy the Department of Justice must consult—
the First Minister and deputy First Minister,
the Chief Constable of the Police Service of Northern Ireland, and
the Northern Ireland Policing Board.
The Department of Justice must publish each strategy devised by the Department and any alterations which the Department makes to a strategy (or the strategy as altered).
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The Secretary of State may by order divide Northern Ireland into areas and establish for each area a body with functions relating to the enhancement of community safety in the area.
Bodies established by virtue of subsection (1) are to be known as local community safety partnerships; but the Secretary of State may by order—
provide that they are to be known by another name, and
make appropriate consequential amendments in this section or in any other enactment or any instrument or other document referring to them (whenever passed or made).
A local community safety partnership is to consist of such number of persons nominated by such organisations exercising statutory functions as the Secretary of State may by order specify; and “statutory functions” means functions conferred or imposed by or by virtue of any enactment.
Each local community safety partnership must—
conduct research to ascertain the issues which people living or working in its area consider ought to be addressed in order to enhance community safety in the area and how they consider that those issues ought to be addressed,
having regard to the results of such research and the current strategy under section 71, prepare plans for addressing those issues and other issues which it considers ought to be addressed in order to enhance community safety in its area,
identify targets or other indicators by reference to which it can assess the extent to which those issues are addressed by action taken in accordance with the plan,
provide any such financial or other support as it considers appropriate to persons involved in ventures designed to enhance community safety in its area,
make to the Secretary of State no later than three months after the end of each financial year an annual report describing how community safety has been enhanced in its area in the financial year by action taken in accordance with its plans, by persons to whom it has provided support and otherwise, and
make to the Secretary of State, no later than three months after being required by him to do so, a report on any matter connected with its functions.
“Financial year” means—
the period beginning with the day on which the local community safety partnership is established and ending with the first 31st March which falls at least six months after that day, and
each subsequent period of 12 months beginning with 1st April.
The Secretary of State must publish or require a local community safety partnership to publish—
any plan prepared in pursuance of paragraph (b) of subsection (4), or
any report made under paragraph (e) or (f) of that subsection.
The Secretary of State may by order—
amend subsections (4) to (6), or
confer or impose on local community safety partnerships other functions relating to the enhancement of community safety in their areas.
The Secretary of State—
may by order confer or impose on any body specified in the order functions relating to the enhancement of community safety in Northern Ireland or any area of Northern Ireland, and
may by order impose on any body specified in the order a duty to co-operate with local community safety partnerships, or a particular local community safety partnership, in the exercise of the body’s functions.
The Secretary of State may make grants to local community safety partnerships.
The Secretary of State must consult the First Minister and deputy First Minister before making an order under this section.
In section 54(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (membership of Court of Judicature Rules Committee), for paragraphs (b) to (f) substitute—
In Article 46(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (membership of County Court Rules Committee), for the words from “be appointed” to the end substituteconsist of—
Article 30 of the County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable by district judges) is amended as follows.
In paragraph (4) (cases dealt with by arbitration)—
after sub-paragraph (a) insert—
in sub-paragraph (b), for the words from “by the High Court,” onwards substitute “ by the Court of Appeal, state for the determination of the Court of Appeal any question of law arising out of an award made by the district judge in dealing with the claim unless an appeal on the question has been brought under sub-paragraph (ab); ”, and
in sub-paragraph (c), for “sub-paragraph (b)” substitute “ sub-paragraphs (ab) and (b) ”.
After paragraph (4) insert—
In Article 61(2) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (cases stated by county court judge) for “fourteen days” substitute “ twenty-one days ”.
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The Lord Chancellor may by order make provision for the transfer of the functions of the Court Service and the abolition of the Court Service.
The order may make provision—
for the payment by the Lord Chancellor of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the transfer of functions, or the abolition, of the Court Service, and
for any other incidental, consequential, transitional or supplementary matter which appears to the Lord Chancellor to be appropriate.
The provision made by the order under subsection (2) may include amendments in any enactment or instrument (whenever passed or made), including this Act.
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The Court Service must take all reasonable steps to ensure the security of every relevant court-house (including every courtroom contained in it) and the safety of everyone who is there.
To comply with that duty the Court Service must secure that there are provided at every relevant court-house an appropriate number of court security officers.
For the purposes of this section and sections 80 and 81 the following are court security officers—
members of staff of the Court Service designated as court security officers, and
persons employed as court security officers in pursuance of arrangements made with their employers by the Court Service under section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23).
A court-house is a relevant court-house for the purposes of this section and section 80 if— sits there.
the Court of Appeal,
the High Court,
the Crown Court,
a county court,
a coroner’s court, or
a magistrates' court,
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A court security officer acting in the execution of his duty has power to —
search any person who is in, or is seeking to enter, a relevant court-house and any article in the possession of any such person,
exclude or remove from a relevant court-house any person who refuses to permit such a search, or refuses to surrender any article in his possession which the officer reasonably believes may jeopardise the maintenance of order in the court-house, or
exclude or remove any person from, or restrain any person in, a relevant court-house where it is reasonably necessary to do so in order to maintain order in the court-house, to enable court business to be carried on without interference or delay or to secure his or any other person’s safety.
The power conferred by subsection (1)(a) to search a person does not authorise a court security officer to require a person to remove any of his clothing other than an outer coat, jacket, gloves or hat.
The powers conferred by subsection (1)(b) and (c) include power to use reasonable force, where necessary.
In the execution of his duty in any court-house, a court security officer must act in accordance with any general or specific instructions which have been given to him (whether orally or in writing) by a person in authority.
“Person in authority” means—
a judge, coroner or magistrate who is exercising any functions in the court-house, or
any officer or other member of staff of the Court Service authorised to give him instructions.
A court security officer is not to be regarded as acting in the execution of his duty at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).
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).
Article 55 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)),
section 34 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)), and
Article 160 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)),
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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 subsection (1) is liable on summary conviction to— or to both.
a fine not exceeding level 5 on the standard scale, or
imprisonment for a term not exceeding six months,
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 subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), in paragraph 11 (appointment and removal of holders of certain judicial offices)—
for “appointment and removal” substitute “ determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) ”, and
for “, the Chief and other Child Support Commissioners for Northern Ireland and the President and other members of the Lands Tribunal for Northern Ireland” substitute “ and the Chief and other Child Support Commissioners for Northern Ireland ”.
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in paragraph 9, after sub-paragraph (g) insert—
after paragraph 9 insert—, and
after paragraph 15 insert—
In section 7(1) of the Northern Ireland Act 1998 (entrenched enactments), insert at the endand
A Bill containing any provision which deals (otherwise than incidentally) with— may not be passed by the Assembly without cross-community support.
appointment to, or removal from, a protected judicial office (including the subject matter of section 19),
the subject matter of section 12(1), or
the subject matter of Part 2,
“Cross-community support” has the meaning given by section 4(5) of the Northern Ireland Act 1998 (c. 47).
“Passed”, in relation to a Bill, means passed at the final stage (at which the Bill can be passed or rejected but not amended).
Schedule 12 makes minor and consequential amendments in enactments and instruments.
The Department of Justice may by order make in any other enactment or instrument (whenever passed or made) such amendments as appear to the Department of Justice to be appropriate in consequence of any provision made by Part 4.
Schedule 13 makes repeals and revocations.
The preceding provisions of this Act (with the Schedules) shall not come into force until such day as the Secretary of State or the Department of Justice may by order appoint.
An order may appoint different days for different purposes.
In this Act (unless the context otherwise requires)—
“amendment” includes repeal or revocation and “amend” is to be construed accordingly,
Section 2
Judge of the High Court Temporary judge of the High Court under section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23) County court judge Deputy county court judge Resident magistrate Deputy resident magistrate Coroner Deputy coroner Statutory officer (within the meaning of section 70(1) of the Judicature (Northern Ireland) Act 1978) Deputy for a statutory officer under section 74 of that Act Temporary additional statutory officer under that section Chief Social Security Commissioner for Northern Ireland Social Security Commissioner for Northern Ireland Deputy Social Security Commissioner for Northern Ireland Chief Child Support Commissioner for Northern Ireland Child Support Commissioner for Northern Ireland Deputy Child Support Commissioner for Northern Ireland President of appeal tribunals (within the meaning of Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))) Member of the panel of persons to act as members of such appeal tribunals Member of the panel of persons who may serve as chairmen of the Care Tribunal established by Article 44 of the Health and Personal Social Services (Quality, Improvements and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) ... President of the Industrial Tribunals and the Fair Employment Tribunal Acting President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 12)) Vice-President of the Industrial Tribunals and the Fair Employment Tribunal Acting Vice-President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 Member of the panel of chairmen of the Industrial Tribunals Member of the panel of chairmen of the Fair Employment Tribunal President of the Lands Tribunal for Northern Ireland Deputy President of the Lands Tribunal for Northern Ireland under section 3(1) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) Other member of the Lands Tribunal for Northern Ireland Temporary member of the Lands Tribunal for Northern Ireland under section 3(2) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 President of the Special Educational Needs and Disability for Northern Ireland Member of the panel of persons who may serve as chairman of that Tribunal Member of the tribunal established under section 91 of the Northern Ireland Act 1998 (c. 47) Member of the Mental Health Review Tribunal for Northern Ireland Lay magistrate Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269) Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland Deputy appointed under paragraph 6(1) of Schedule 3 to the Plant Varieties Act 1997 for the purpose of proceedings brought before the Plant Varieties and Seeds Tribunal in Northern Ireland Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . President of the Northern Ireland Valuation Tribunal Member of the Northern Ireland Valuation Tribunal President or other member of the Charity Tribunal for Northern Ireland Adjudicator appointed under Article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 Chairman appointed under Article 7(2)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 Adjudicator appointed under Article 29 of the Traffic Management (Northern Ireland) Order 2005 ... Member of the Victims' Payments Board President of the Victims' Payments Board
Section 3
“transfer direction” has the meaning given in Article 53(2) of that Order.
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. The Lord Chancellor, acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice. A judicial member may resign by notice in writing to the Lord Chancellor.
The Northern Ireland Judicial Appointments Commission.
Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment). A person may not be appointed as a Commissioner for more than five years at a time. A Commissioner may resign by notice in writing to the Department of Justice. The Department of Justice may dismiss a Commissioner if satisfied that—
The Commission may employ staff, but subject to the approval of the Department of Justice as to— The Commission may make arrangements for securing the provision to it of such assistance by persons employed in— as it considers appropriate for or in connection with the exercise of its functions. Employment by the Northern Ireland Law Commission. The Commission must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Northern Ireland Law Commission.
In section 9(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (remand and committal of persons between 17 and 21), for “seventeen” substitute “ eighteen ”.
In Article 13(1) of the Treatment of Offenders (Northern Ireland) Order 1989 (removal to young offenders centre of persons between 17 and 21), for “17” substitute “ 18 ”.
The County Courts Act (Northern Ireland) 1959 has effect subject to the following amendments.
Subject as follows, a non-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 non-judicial member for more than five years at a time; and the aggregate period for which a person may be a non-judicial member must not exceed ten years. A non-judicial member may resign by notice in writing to the Lord Chancellor. The Lord Chancellor may dismiss a non-judicial member if satisfied that—
The Northern Ireland Law Commission.
Section 102 (appointment and assignment of judges) is amended as follows. In subsection (4) (assignment of one judge to each division), for “one judge” substitute “ one or more judges ”. In subsection (5) (judge assigned to Belfast or Londonderry to be Recorder), after “judge” insert “ , or (if more than one) one of the judges, ”.
In section 106(2) (salary payable to judge from date on which he takes the oaths required by section 105(3)), for “oaths required by section 105(3)” substitute “ required oath or makes the required affirmation and declaration ”.
“protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.
The Commission must pay to or in respect of each non-judicial member of the Commission any such salary or allowances as the Lord Chancellor may determine.
The Lord Chancellor may make grants to the Commission.
The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.
Schedule 11 to the Northern Ireland Act 1998 (c. 47) (tribunal established under section 91 of that Act) is amended as follows. In paragraph 2(1), for “Lord Chancellor as he” substitute “First Minister and deputy First Minister, acting jointly, as they”. In paragraph 2(3), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”. In paragraph 3(1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”. In paragraph 3(4), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”. In paragraph 4—
The references to justices of the peace in sections 13, 15, 16 and 18 of the Statutory Declarations Act 1835 (c. 62) (oaths and declarations) include lay magistrates.
The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.
Section 20(3) of the Interpretation Act (Northern Ireland) 1954 (offences by bodies corporate) shall continue to have effect with the substitution (originally made by Article 9(3) of the Prosecution of Offences (Northern Ireland) Order 1972) of “except by or with the consent of the Attorney-General or the Director of Public Prosecutions for Northern Ireland” for “except upon the direction of the Attorney-General”.
The Law Commissions Act 1965 has effect subject to the following amendments.
In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders), after sub-paragraph (b) insert—.
The Magistrates’ Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.
In paragraph 12 of Schedule 3 to the Criminal Justice Act 1988 (reviews of sentencing: supplementary), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”.
In Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992, in paragraph 1(1)(b) (exclusion of entitlement to child benefit for children in detention, care, etc.), after “juvenile justice centre” insert “ or kept in secure accommodation under a custody care order ”.
The Commission must— The statement of accounts must— as the First Minister and deputy First Minister acting jointly direct. The Commission must send copies of the statement of accounts relating to a financial year to— within such period after the end of the financial year as the Office of the First Minister and deputy First Minister directs. The Comptroller and Auditor General for Northern Ireland must— Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.
Section 70 (appointment of statutory officers) is amended as follows. For subsection (1) substitute— In subsection (3)— In subsection (5), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”. In subsection (6), for “Lord Chancellor” substitute “First Minister and deputy First Minister”.
In section 5(1) of the General Dealers (Ireland) Act 1903 (c. 44) (general dealers to produce articles and books on demand of constable authorised by a justice), for “general or special authority of a justice of the peace” substitute “ authority of a warrant issued by a lay magistrate ”.
In Article 2(2) (interpretation), in the definitions of “adult” and “child”, for “17” substitute “ 18 ”.
In section 1(1) (purpose of Law Commission), after “of the law” insert “ of England and Wales ”.
In Article 47(6) (period of remand), after “1998” insert; and
Section 74 (deputies and temporary appointments) is amended as follows. In subsection (1)— In subsection (3), for “Lord Chancellor otherwise directs” substitute “First Minister and deputy First Minister, acting jointly, otherwise direct”.
In section 26(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (administration of oaths), after “upon a” insert “ lay magistrate or ”.
In Article 30(2) and (3) (powers of youth court where child becomes an adult), for “17” substitute “ 18 ”.
In section 3(4) (duty of Law Commission and Scottish Law Commission to consult each other), insert at the end “ and the Northern Ireland Law Commission ”.
Article 140 (appeals to county court) is amended as follows. In paragraph (2), for “made on conviction,” substitute “ passed on the person for the offence, whether on conviction or in subsequent proceedings, ”. After that paragraph insert—
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In Article 45 (punishment of certain grave crimes)—
in paragraph (1), for “under the age of 18” substitute “ a child ”,
in paragraphs (4) and (5), for “person” substitute “ child ”, and
in paragraph (6), for “person will, in the opinion of the Secretary of State, attain the age of 18” substitute “ child will, in the opinion of the Secretary of State, become an adult ”.
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In Article 53 (parental responsibility for children in juvenile justice centres), for “person detained by the managers of a juvenile justice centre is under the age of 18” substitute “ child is being detained by the managers of a juvenile justice centre ”.
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In Article 54 (escapes from juvenile justice centres)—
in paragraph (1), for “under the age of 18” substitute “ still a child ”,
omit paragraph (3)(b), and
in paragraph (4), for “paragraph (3)(b)(ii) or (c)” substitute “ paragraph (3)(c) ”.
In section 110(2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (non-payment of compensation for unjust etc. charge of personation), for “under the hand and seal of a justice of the peace” substitute “ issued by a lay magistrate ”.
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In section 21 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (offences during suspended sentence etc.), for subsection (2) substitute—
The Judicature (Northern Ireland) Act 1978 (c. 23) has effect subject to the following amendments.
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After that section insert—
In Article 84(6) of the Pollution Control and Local Government (Northern Ireland) Order 1978 (S.I. 1978/1049 (N.I. 19)) (judges and justices not disqualified by being ratepayers etc.), for “and a justice of the peace” substitute “ , resident magistrate or lay magistrate ”.
The Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) has effect subject to the following amendments.
In Article 2(2)(b) (meaning of “magistrates’ court”), for “justice of the peace” substitute “ lay magistrate ”.
Article 3 (functions of justices etc.) is amended as follows. In paragraph (1)— In paragraph (2)—
In Article 4 (local jurisdiction of justice of the peace), for “justice of the peace” substitute “ lay magistrate ”.
In Articles 5 and 6 (immunity)—
for “justice of the peace” substitute “ lay magistrate ”, and
for “such a magistrate or justice” substitute “ a resident magistrate or a lay magistrate ”.
In Article 6A (costs)—
for “justice of the peace” (in each place) substitute “ lay magistrate ”, and
for “such a magistrate or justice” substitute “ a resident magistrate or a lay magistrate ”.
In Article 7 (clerk’s immunity in respect of warrant to enforce order), for “resident magistrate or other justice of the peace” substitute “ magistrates’ court ”.
In Article 10(1) and (1A) (defrayal of expenses)—
for “or other justice of the peace” substitute “ , by a lay magistrate ”, and
for “magistrate, justice” substitute “ resident magistrate, lay magistrate ”.
In Article 18(4) (procedure)—
for “other justice of the peace” in the words preceding sub-paragraph (a) and in sub-paragraph (b) substitute “ lay magistrate ”, and
for “or justice of the peace” substitute “ or lay magistrate ”.
In Article 42(1)(a) and (b) (reading of depositions), for “other justice of the peace” substitute “ lay magistrate ”.
In Article 114(2) (warrants: postponement of issue and stay of execution), insert at the end “; but a lay magistrate sitting out of petty sessions may postpone the issue of a warrant, or stay the execution of it, only if it was issued by him or another lay magistrate.”
In Article 126(1) (proof of service), for “other justice of the peace” substitute “ lay magistrate ”.
In Article 156 (validity of documents)—
for “other justice of the peace” substitute “ lay magistrate ”, and
for “magistrate, justice or clerk of petty sessions” substitute “ person ”.
In Article 158(1) (execution of warrants), for “other justice of the peace” substitute “ lay magistrate ”.
In Article 160(1) (misbehaviour in court), for “justice of the peace” substitute “ lay magistrate ”.
In paragraph 2 of Schedule 1 (matters which may be dealt with by a justice of the peace out of petty sessions), for “justice of the peace” substitute “ lay magistrate ”.
In Article 165(2) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/ 2405 (N.I. 19)) (affidavits etc.), for “justices” substitute “ lay magistrates ”.
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Lay magistrate.
In section 9(5) of the Human Rights Act 1998 (c. 42) (judicial acts), in the definition of “judge”, after “a justice of the peace” insert “ (or, in Northern Ireland, a lay magistrate) ”.
“justice of the peace” does not include a justice of the peace in Northern Ireland;
The Commission may establish committees. Any committee of the Commission may establish sub-committees. A committee or sub-committee may consist of or include persons who are not members of the Commission. The Commission may pay to or in respect of any member of a committee or sub-committee who is neither a member of the Commission nor a member of staff of the Commission any such salary or allowances as the Commission may determine.
The Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect subject to the following amendments.
The Child Support Act 1991 (c. 48) has effect subject to the following amendments.
Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows. In sub-paragraph (1), after paragraph (c) insert—. In sub-paragraph (2)— In sub-paragraphs (3), (5) and (6), after “Minister” insert “ or the Attorney General for Northern Ireland ”.
Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows. In subsection (1), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland ”. In subsection (2), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 91(7) of the Northern Ireland Act 1998 (c. 47) (appointment of person to represent interests of party to proceedings before Tribunal under that section), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 1 (administration of matters relating to coroners), for “The Lord Chancellor” substitute “Subject to the provisions of this Act, the First Minister and deputy First Minister, acting jointly,”.
In section 23(1) (appointment of Child Support Commissioners for Northern Ireland)—
after “time to time” insert “, on the recommendation of the First Minister and deputy First Minister, acting jointly,”, and
for the words from “such number” to the end substitute “other Child Support Commissioners.”
In paragraph 7(2) of Schedule 2 to the Northern Ireland (Sentences) Act 1998 (c. 35) (appointment of person to represent prisoner’s interests in proceedings of Sentence Review Commissioners from which he and his representative are excluded), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
For section 2(1) substitute—
In paragraph 8(d) of Schedule 4 (application of provisions relating to Child Support Commissioners to Northern Ireland)—
before paragraph (i) insert—, and
after paragraph (i) insert—
In section 3 (power to amalgamate coroners' districts), for “Lord Chancellor, as from such date as he” substitute “First Minister and deputy First Minister, acting jointly, as from such date as they”.
In section 6(2) (inability or failure of coroner to discharge duties)—
for “Lord Chancellor may in writing” substitute “First Minister and deputy First Minister, acting jointly, may in writing”, and
for “the Lord Chancellor may specify” substitute “they may specify”.
“restriction order” has the meaning given in Article 47(1) of that Order;
The Commission may delegate any of its functions (to such extent as it determines) to any of its committees. A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 18(3) of the Criminal Justice Act (Northern Ireland) 1945 (prosecution of offences against a corporation) shall continue to have effect with the substitution (originally made by Article 10 of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))) of “an indictment has been presented” for the words from “a grand jury” to “a true Bill”.
The Administration of Justice Act 1973 has effect subject to the following amendments.
Section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal to Court of Appeal) is amended as follows. In subsection (2)— In subsection (3)(c), for “paragraph 4(1)(a)” substitute “ paragraph (a), or against whom an order is made under paragraph (b) or (c), of paragraph 4(1) ”. After that subsection insert—
If the function of selecting a person for appointment, or recommendation for appointment, to an office is delegated to a committee or sub-committee, the committee or sub-committee must include a member of the Commission and, unless he is a lay member, a person who is eligible to be a lay member.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 9(5) (judicial salaries), after “Salaries payable” insert “ under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable ”.
In section 1(3) of the Genocide Act 1969 (c. 12) (proceedings for genocide), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 12(1) (retirement of higher judiciary in event of incapacity), after “Northern Ireland” insert “ (other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies) ”.
In section 2(1) of the Biological Weapons Act 1974 (c. 6) (proceedings for offence of contravening section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 11 of the Criminal Jurisdiction Act 1975 (c. 59) (proceedings for extra-territorial offences), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 2(1) of the Internationally Protected Persons Act 1978 (c. 17) (proceedings for offence which is an offence by virtue only of section 1 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 3(1) of the Nuclear Material (Offences) Act 1983 (c. 18) (proceedings for offence which is an offence only by virtue of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 135 of the Criminal Justice Act 1988 (c. 33) (proceedings for offence of torture), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In section 9(1) of the Official Secrets Act 1989 (c. 6) (proceedings for offence under that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
In Article 8(11) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 (S.I. 1990/1651) (as substituted by the Iraq and Kuwait (United Nations Sanctions) (Second Amendment) Order 1990 (S.I. 1990/2144)) (proceedings for offence under that Order), for “Attorney General for Northern Ireland or” substitute “ Advocate General for Northern Ireland or the Attorney General for ”.
In section 31(1) of the Chemical Weapons Act 1996 (c. 6) (proceedings for offence under section 2 or 11 of that Act), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In— of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
section 55 (proceedings for offence under section 47 or 50), and
section 81(1) (proceedings for offence under section 79 or 80),
Section 33 of this Act applies in relation to the giving of consent by the Advocate General for Northern Ireland as in relation to the giving of consent by the Director of Public Prosecutions for Northern Ireland.
The Northern Ireland Judicial Appointments Commission.
Her Majesty's power to appoint a person to a listed judicial office is exercisable on the Lord Chancellor's recommendation. The Lord Chancellor's power to recommend a person for appointment to a listed judicial office is exercisable only (and must be exercised) as follows. The Commission is responsible for the selection of persons for recommendation for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process). When the Commission selects a person under sub-paragraph (3) it must notify the Lord Chancellor. The Lord Chancellor must, as soon as reasonably practicable, recommend the selected person for appointment to the office in question. The Commission must (in particular) exercise its power under sub-paragraph (3) to ensure that any vacancy in a listed judicial office is filled. Sub-paragraph (6) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
Article 82 of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) (appointment of President and Vice-President of the Industrial Tribunals and the Fair Employment Tribunal and of chairmen of the Fair Employment Tribunal) is amended as follows. In paragraph (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”. In paragraph (3), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”. In paragraph (6), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.
Subject as follows, the Chief Inspector holds office in accordance with the terms of his appointment (or re-appointment). The Chief Inspector must not be appointed for more than five years at a time. The Chief Inspector may resign by notice in writing to the Department of Justice. The Department of Justice may dismiss the Chief Inspector if satisfied that—
The Chief Inspector must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year. The Chief Inspector must send a copy of each annual report to the Department of Justice. In this paragraph “protected information” means information the inclusion of which in a report under sub-paragraph (1) would be against the public interest on the ground of national security. If it appears to the Secretary of State that a report in compliance with sub-paragraph (1) may contain protected information (or once completed may contain protected information), the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State (or, if the report is not completed when the requirement is imposed, to refer the report once it is completed). If it appears to the Chief Inspector that a report in compliance with sub-paragraph (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under sub-paragraph (1C), the Chief Inspector must refer the report to the Secretary of State. The Secretary of State must, within the period of 30 days after the date of a referral under sub-paragraph (1C) or (1D), or within such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the Secretary of State’s opinion, the report contains any protected information. Where the Secretary of State has required that a report be referred to the Secretary of State under sub-paragraph (1C) or the Chief Inspector is required to refer a report to the Secretary of State under sub-paragraph (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except— Where the Secretary of State informs the Chief Inspector under sub-paragraph (1E) that, in the Secretary of State’s opinion, a report contains protected information— When the Chief Inspector sends a report to the Department of Justice under sub-paragraph (1A) from which information has been excluded under sub-paragraph (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State. Where a report is received by the Department of Justice under sub-paragraph (1A), it must— But the Department of Justice may exclude a part of a report from the copy so laid or published if, in its opinion, the laying or publication of the part— If the Department of Justice excludes a part of a report from laying or publication, it must lay or publish with the report a statement that it has been excluded. Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraphs (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this paragraph “financial year” means—
Before an inspection of the Police Service of Northern Ireland or Police Service of Northern Ireland Reserve is carried out under section 46, the Chief Inspector must inform those of Her Majesty’s Inspectors of Constabulary who have been appointed under section 41(1) of the Police (Northern Ireland) Act 1998 (c. 32) as inspectors of constabulary for Northern Ireland. If those inspectors notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must delegate its carrying out to them under paragraph 7. If those inspectors do not notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must, before the inspection or review is carried out, consult the Department of Justice with a view to obtaining the Department’s approval of the inspection which it is proposed to carry out.
Sections 73, 96, 97, 106(1) and 120 of, and paragraph 12 of Schedule 8 to, the Electoral Law Act (Northern Ireland) 1962 (prosecution of offences disclosed on election petitions) shall continue to have effect with the substitution (originally made by Article 9(1) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) of “The Director of Public Prosecutions for Northern Ireland” for “The Chief Crown Solicitor”.
The Child Abduction (Northern Ireland) Order 1985 has effect subject to the following amendments.
The Police and Criminal Evidence (Northern Ireland) Order 1989 has effect subject to the following amendments.
Section 22 of the Criminal Appeal Act 1995 (meaning of public body etc.) is amended as follows. In subsection (3)(a), for “Office of the Director of Public Prosecutions for Northern Ireland” substitute “ Public Prosecution Service for Northern Ireland ”. In subsection (4)(c), for “Office of the Director of Public Prosecutions for Northern Ireland, that Director” substitute “ Public Prosecution Service for Northern Ireland, the Director of Public Prosecutions for Northern Ireland ”.
The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.
The Northern Ireland Act 1998 has effect subject to the following amendments.
The Northern Ireland Judicial Appointments Commission.
This Part of this Schedule applies to a listed judicial office to which persons are appointed by the Commission; and “listed judicial office” is to be read accordingly.
The Fair Employment Tribunal Regulations (Northern Ireland) 1989 (S.R. 1989 No. 444) have effect subject to the following amendments.
In Article 3(7) (application of offence of abduction of child in care or subject to certain orders) insert at the end “or a custody care order.”
Article 2(2) (interpretation) is amended as follows. “juvenile justice centre” has the same meaning as in the Criminal Justice (Children) (Northern Ireland) Order 1998; “secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995) for the purpose of restricting liberty; “young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));
Article 2(2) (interpretation) is amended as follows. In the definition of “community order”, after paragraph (c) insert—. After that definition insert—. In the definition of “custodial sentence”, insert at the end—. “reparation order” means an order under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998; “youth conference order” means an order under Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commission is responsible for the selection of persons for appointment to listed judicial offices (including, for deciding the timing of any selection or selection process). When the Commission selects a person under sub-paragraph (1) it must appoint the person to the office in question. The Commission must (in particular) exercise its power under sub-paragraph (1) to ensure that any vacancy in a listed judicial office is filled. Sub-paragraph (3) does not apply to a vacancy while the Lord Chief Justice agrees that it may remain unfilled.
In regulation 2(2), in the definitions of “the President” and “the Vice-President”, for “Lord Chancellor” substitute “First Minister and deputy First Minister”.
Paragraph 4 of the Schedule (modifications of Article 3 for children in certain cases) is amended as follows. In sub-paragraph (1), after “order” insert “ or a custody care order ”. In sub-paragraph (2)(a)— In sub-paragraph (3), insert at the end “ and “custody care order” has the same meaning as in Article 44A of that Order. ”
In Article 2(5) (definition of “custodial establishment”), after “juvenile justice centre” insert “ , secure accommodation ”.
In Article 9(3) (procedural requirements for community orders), at the end insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Part of this Schedule applies to a listed judicial office— The Commission must, with the agreement of the Department of Justice, determine the maximum number of persons who may hold the office at any time. The Commission may from time to time, with the agreement of the Department of Justice, revise the determination. A determination (or any revision) does not affect any appointments that have already been made.
In regulation 4(1) (resignation of chairmen of the Fair Employment Tribunal for Northern Ireland), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.
In Article 19(1)(ca) (entry for purpose of arrest), after “juvenile justice centre” insert “ or secure accommodation ”.
In Article 18(1) (restriction on imposing sentences of imprisonment or detention on persons not legally represented), after “order” insert “ or custody care order ”.
Schedule 3 (reserved matters) is amended as follows. In paragraph 1 (conferral of functions on Ministers of the Crown), insert at the end “apart from the Advocate General for Northern Ireland”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The selection under this Schedule of a person to be appointed, or recommended for appointment, to a listed judicial office must be made solely on the basis of merit. Subject to that, the Commission must at all times engage in a programme of action which complies with sub-paragraph (3). A programme of action complies with this sub-paragraph if—
In regulation 2(2) of the Fair Employment Tribunal (Rules of Procedure) Regulations 1989 (S.R. 1989 No. 445), in the definitions of “the President” and “Vice-President”, for “Lord Chancellor” substitute “First Minister and deputy First Minister”.
In Article 39(8) (place of safety), for “means any juvenile justice centre,” substitute “ means any young offenders centre, any juvenile justice centre, any secure accommodation, ”.
In Article 19(3) (court not prevented from passing custodial sentence if offender refuses to consent to community sentence), insert at the end “or a youth conference order”.
Schedule 2 (enforcement of community orders) is amended as follows. In paragraph 11(3)— In paragraph 18(3)—
This Part of this Schedule applies to a listed judicial office to which persons are appointed by Her Majesty; and “listed judicial office” is to be read accordingly.
for “Lord Chancellor” substitute “First Minister and deputy First Minister”, and
for “he may” substitute “they may, acting jointly,”.
The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) has effect subject to the following amendments.
The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) has effect subject to the following amendments.
A function of justices of the peace or magistrates’ courts under a provision to which sub-paragraph (2) applies is to be a function only of resident magistrates. This sub-paragraph applies to—
In section 9(1) (appointment of resident magistrates), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.
In Article 6(1) (appointment of the President of appeal tribunals), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.
In section 10(1) (appointment of deputy resident magistrates)—
for “The Lord Chancellor” substitute “The First Minister and deputy First Minister, acting jointly,”,
for “the Lord Chancellor”, in the first place, substitute “they”, and
for the words from “such conditions” to the end substitute—
Article 7 (appointment of panel of persons to act as members of appeal tribunals) is amended as follows. In paragraph (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”. In paragraph (2), for “Lord Chancellor thinks” substitute “First Minister and deputy First Minister think”. In paragraph (3), for “Lord Chancellor” substitute “First Minister and deputy First Minister”. In paragraph (4), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.
In section 168(2) (payment of salaries), for “the United Kingdom” substitute “Northern Ireland”.
Section 50 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (appointment of Social Security Commissioners for Northern Ireland) is amended as follows. In subsection (1)— In subsection (2)—
The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.
The Chief Inspector of Criminal Justice in Northern Ireland.
In section 7(1) and (2) (request to serving or retired law lord or retired judge of Court of Appeal or High Court to sit as judge of Court of Appeal or High Court and request to county court judge to sit as judge of High Court), for “Lord Chancellor” substitute “Lord Chief Justice”.
Section 47 (Crown Court: directions as to judges and sittings) is amended as follows. In subsection (2)— In subsection (3), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.
In section 48(1)(c) (magistrates' court to have regard to directions under section 47(2) when committing person for trial), for “Lord Chancellor” substitute “Lord Chief Justice”.
In section 53(1)(c) and (d) (membership of Crown Court Rules Committee), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.
In section 58(2) (directions as to places outside Royal Courts of Justice at which High Court and Court of Appeal sit and conduct business), for “Lord Chancellor” substitute “Lord Chief Justice”.
In section 60(1) (power to designate officer to exercise jurisdiction in relation to taxation of costs), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.
In section 68(2)(b) and (4) (directions as to discharge of functions by statutory officers), for “Lord Chancellor” substitute “Lord Chief Justice”.
In section 75(2)(b) (directions conferring or imposing functions on Official Solicitor), for “Lord Chancellor” substitute “Lord Chief Justice”.
The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) has effect subject to the following amendments.
Schedule 3 to the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4)) (Mental Health Review Tribunal for Northern Ireland) is amended as follows. In paragraph 1— In paragraph 2, for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”. In paragraph 3, for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.
A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs but is also to become a function of lay magistrates. This sub-paragraph applies to—
The Magistrates' Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.
In section 1(2) (appointment of President and other members), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.
In Article 12(a) (petty sessions to be held in courthouse unless otherwise directed), for “Lord Chancellor” substitute “Lord Chief Justice”.
In section 3(1) and (2) (appointment of deputy President and temporary members), for “Governor” substitute “First Minister and deputy First Minister, acting jointly,”.
Article 13 (Magistrates' Courts Rules) is amended as follows. In paragraph (2), for “Lord Chancellor” substitute “Lord Chief Justice”. In paragraph (5), after “member of the committee” insert “as the Lord Chief Justice shall designate.”
In Article 15(2) (assignment of matters to juvenile courts by rules), for “Lord Chancellor” substitute “Lord Chief Justice”.
Section 10
A function of justices of the peace under any provision to which sub-paragraph (2) applies is to remain a function of theirs (and is not transferred to lay magistrates). This sub-paragraph applies to—
The Lord Chancellor may , after consultation with the Lord Chief Justice, by order amend paragraph 1(2), 2(2) or 3(2)—
by adding any provision contained in any enactment or instrument passed or made before the coming into force of this Schedule, or
by removing any provision.
In section 9(3) and (5) of the Magistrates' Courts Act (Northern Ireland) 1964 (resident magistrates to sit in accordance with directions and to be assigned to districts), for “Lord Chancellor” substitute “Lord Chief Justice”.
Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows. In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)— In paragraph 5 (notice of such proceedings), for “Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and the Attorney General for Northern Ireland ”. In paragraph 13 (notice), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”. In paragraph 23 (intimation), for “, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister” substitute “ and the Attorney General for Northern Ireland ”. In paragraphs 33 and 34 (direct references to Judicial Committee), for “the Attorney General for Northern Ireland, the First Minister and the deputy First Minister acting jointly” substitute “ the Advocate General for Northern Ireland, the Attorney General for Northern Ireland ”. In paragraph 35(4) (no exercise of function pending decision on reference), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
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The Mental Health (Northern Ireland) Order 1986 has effect subject to the following amendments.
Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service) is amended as follows. Court security officers. The Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland and the members of staff of the Public Prosecution Service for Northern Ireland. The Chief Inspector of Criminal Justice in Northern Ireland and the members of his staff.
and, if the report was received under section 41(2), to the Chief Inspector of Criminal Justice in Northern Ireland.
The Lord Chancellor may , after consultation with the Lord Chief Justice, by order make provision amending any enactment or instrument in consequence of the provision made by section 10 or by or by virtue of the preceding provisions of this Schedule.
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paragraph 23(1) (institution of proceedings of determination of devolution issues in Northern Ireland),
paragraph 24(1) (notice of such proceedings), and
paragraph 30(2)(c) (direct references to Judicial Committee in proceedings in Northern Ireland),
In Article 44(8) (orders which can be made in conjunction with hospital or guardianship orders), for the words from “including” to the end substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998. ”
So far as may be appropriate in consequence of the provision made by section 10 or by or by virtue of this Schedule—
references in any enactment or instrument to a justice of the peace (or to a justice of the peace other than a resident magistrate) may be construed as being or including a reference to a lay magistrate, and
references in any enactment or instrument to a magistrates’ court may be construed as a reference to a resident magistrate or a court of summary jurisdiction.
In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in— for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),
paragraph 26 (notice of such proceedings), and
paragraphs 33 and 34 (direct references to Judicial Committee),
In Article 50A(7) (remitting persons for trial following detention in hospital)—
after sub-paragraph (d) insert; or , and
for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.
In Article 53(5)(a) (removal to hospital of certain persons serving sentences of imprisonment), for the words from “including” to “juvenile justice centre” substitute “ including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9) ”.
Article 56 (further provision as to prisoners under sentence) is amended as follows. In paragraph (1)— In paragraph (3), for “or juvenile justice centre” substitute “ , juvenile justice centre or secure accommodation ”.
Article 61 (interpretation) is amended as follows. In paragraph (1A)— After paragraph (1A) insert—
The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5—
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).
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In section 102(2) and (4) of the County Courts Act (Northern Ireland) 1959 (county court judges to sit in accordance with directions and to be assigned to divisions), for “Lord Chancellor” substitute “Lord Chief Justice”.
In section 71(2) of the Northern Ireland Act 1998 (c. 47) (law officers able to rely on Convention rights under that Act even though not victim), after “to the Attorney General,” insert “ the Advocate General for Northern Ireland, ”.
The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland about any arrangements they propose to make for the discharge of the functions of the Attorney General of Northern Ireland during any vacancy in that office.
Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.
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Section 47 (functions: consultation and consent requirements etc.) is amended as follows. In subsection (1), after “Secretary of State” insert “ , the Advocate General for Northern Ireland ”. In subsection (2), after “Secretary of State,” insert—. In subsection (5), after “consent of” insert “ the Advocate General for Northern Ireland and ”.
In section 100(2) of the Scotland Act 1998 (similar provision in relation to that Act), after “, the Attorney General” insert “ , the Advocate General for Northern Ireland ”.
In section 49(5) (copies of reports relating to Public Prosecution Service), after “copy of it to” insert “ the Advocate General for Northern Ireland and ”.
...
Article 360 of the Insolvency (Northern Ireland) Order 1989 (committee to review insolvency rules) is amended as follows. In paragraph (1), for “continue to be a committee appointed by the Lord Chancellor” substitute “be a committee appointed by the Lord Chief Justice”. In paragraph (2)(f), for “Lord Chancellor” substitute “Lord Chief Justice”.
The Chief Inspector may delegate any of his functions (to such extent as he may determine) to— Those offices are— The Department of Justice may by order amend sub-paragraph (2) by— If the carrying out of an inspection or review is delegated under this paragraph it is nevertheless to be regarded for the purposes of sections 46 to 49 as carried out by the Chief Inspector.
The Northern Ireland Act 2000 has effect subject to the following amendments.
In section 1(4) (effect on offices of suspension of devolved government), after “junior Minister,” insert “ as Attorney General for Northern Ireland ”.
In section 3 (restoration of devolved government), insert at the end—
In the Schedule (provisions applicable during suspension of devolved government), after paragraph 5 insert—
Section 19
Lord Chief Justice Lord Justice of Appeal Judge of the High Court Temporary judge of the High Court under section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23) County court judge Deputy county court judge Resident magistrate Deputy resident magistrate Coroner Deputy coroner Statutory officer (within the meaning of section 70(1) of the Judicature (Northern Ireland) Act 1978) Deputy for a statutory officer under section 74 of that Act Temporary additional statutory officer under that section Chief Social Security Commissioner for Northern Ireland Social Security Commissioner for Northern Ireland Deputy Social Security Commissioner for Northern Ireland Chief Child Support Commissioner for Northern Ireland Child Support Commissioner for Northern Ireland Deputy Child Support Commissioner for Northern Ireland President of appeal tribunals (within the meaning of Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))) Member of the panel of persons to act as members of such appeal tribunals Member of the legal panel of persons available to act as chairmen of Social Care Tribunals in Northern Ireland ... President of the Industrial Tribunals and the Fair Employment Tribunal Acting President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 12)) Vice-President of the Industrial Tribunals and the Fair Employment Tribunal Acting Vice-President of the Industrial Tribunals and the Fair Employment Tribunal under Article 82(6) of the Fair Employment and Treatment (Northern Ireland) Order 1998 Member of the panel of chairmen of the Industrial Tribunals Member of the panel of chairmen of the Fair Employment Tribunal President of the Lands Tribunal for Northern Ireland Deputy President of the Lands Tribunal for Northern Ireland under section 3(1) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) Other member of the Lands Tribunal for Northern Ireland Temporary member of the Lands Tribunal for Northern Ireland under section 3(2) of the Lands Tribunal and Compensation Act (Northern Ireland) 1964 President of the Special Educational Needs Tribunal and Disability for Northern Ireland Member of the panel of persons who may serve as chairman of that Tribunal Member of the tribunal established under section 91 of the Northern Ireland Act 1998 (c. 47) Member of the Mental Health Review Tribunal for Northern Ireland Lay magistrate Justice of the Peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Member of the panel of persons who may serve as chairmen of a tribunal established for the purposes of the Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997 (S.R. 1997/269). Chairman of a Tribunal appointed under paragraph 1(1)(a) of Schedule 3 to the Misuse of Drugs Act 1971 in its application to Northern Ireland Member of a Tribunal appointed under paragraph 2(1) of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland President or Deputy President of Pensions Appeal Tribunals appointed under paragraph 2B of the Schedule to the Pensions Appeal Tribunals Act 1943 in its application to Northern Ireland Chairman of the Plant Varieties and Seeds Tribunal for the purpose of proceedings brought before it in Northern Ireland Deputy appointed under paragraph 6(1) of Schedule 3 to the Plant Varieties Act 1997 for the purpose of proceedings brought before the Plant Varieties and Seeds Tribunal in Northern Ireland Member of the panel of persons to act as chairmen of Reinstatement Committees sitting in Northern Ireland (appointed under paragraph 2(1)(a) of Schedule 2 to the Reserve Forces (Safeguard of Employment) Act 1985) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . President of the Northern Ireland Valuation Tribunal Member of the Northern Ireland Valuation Tribunal President or other member of the Charity Tribunal for Northern Ireland Adjudicator appointed under Article 7(1)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 Chairman appointed under Article 7(2)(b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002 Adjudicator appointed under Article 29 of the Traffic Management (Northern Ireland) Order 2005
Section 28
In section 8 of the Justice (Northern Ireland) Act 2004 (guidance for criminal justice organisations on human rights standards)—
after subsection (1) insert—;
after subsection (5) insert—
Section 45
Section 50
Section 62 The Schedule to be inserted after Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) ia as follows—
Section 63
Section 85
Omit sections 133 to 136 of the Constitutional Reform Act 2005 (judicial removals: Northern Ireland).
Section 86 Short title and chapter or title and number Extent of repeal or revocation Promissory Oaths Act 1868 (c. 72) Section 4. Section 6 . In the Schedule, in the Second Part, the entry relating to Ireland. Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) Section 19. Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) In section 42(4), in the definition of “committed for trial”, the words “, justice of the peace”. Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) Section 2(2). County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) Section 105(1), (1A) and (3). In section 107(7), the words “, except a resident magistrate,”. Section 136(a). Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) In section 1(3), in the definition of “resident magistrate”, the words “or a temporary resident magistrate appointed under any enactment repealed by this Act”. Section 7. Section 9(2). ... Section 11. In section 12A(1), the words “other than a resident magistrate”. Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) In section 2, in subsection (1), the words “Subject to subsections (4) and (4A),” and subsections (4) and (4A). Law Commissions Act 1965 (c. 22) Section 1(5). Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) Section 178(3). In Schedule 2, paragraphs 1, 2, 2A, 3(2), 6 and 8(a). Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) In section 2(2), paragraph (f) and the word “or” before it and the words “or paragraph (f)”. Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) The whole Order. Northern Ireland Constitution Act 1973 (c. 36) Section 10(1). Section 34. Northern Ireland (Modification of Enactments -No. 1) Order 1973 (S.I. 1973/2163) In Schedule 2, the entry for the Lands Tribunal and Compensation Act (Northern Ireland) 1964. In Schedule 5, paragraph 50(a). Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 1 of Schedule 1, the words “the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 or”. Energy Act 1976 (c. 76) In Schedule 2, in paragraph 6(4), the words following paragraph (b). Internationally Protected Persons Act 1978 (c. 17) In section 2(1), the words following paragraph (b). Judicature (Northern Ireland) Act 1978 (c. 23) In section 2(1), the words “who shall be president thereof”. In section 3(1), the words “who shall be president thereof”. In section 4(1), the words “who shall be president thereof”. Section 13. In section 51(5), the words “or a justice of the peace” and the words “or justices”. In section 51A(6), the words “or (f)”. Section 71(1), (2) and (4). Section 75(3). Section 99(1). In Schedule 2, the entry relating to the Lord Chief Justice’s Office. In Schedule 3, the entries relating to the Principal Secretary to the Lord Chief Justice and the Legal Secretary to the Lord Chief Justice and column 2 of the other entries. In Schedule 5, the entries relating to sections 2(1), 2(2) and 3, 2(3) and 6(2) of the Coroners Act (Northern Ireland) 1959, section 105 of the County Courts Act (Northern Ireland) 1959 and sections 7 and 11 of the Magistrates’ Courts Act (Northern Ireland) 1964, in the entry relating to section 10(1) of that Act, the words “for the word “Governor” wherever it occurs substitute the words “Lord Chancellor” and” and the entries relating to section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964, section 21(2) of the Treatment of Offenders Act (Northern Ireland) 1968, section 178 of, and paragraphs 1(1) and 3(2) and paragraphs 1(2), (3) and (4), 2(2) and 6 of Schedule 2 to, the Children and Young Persons Act (Northern Ireland) 1968 and the Prosecution of Offences (Northern Ireland) Order 1972. Suppression of Terrorism Act 1978 (c. 26) In section 4(4), the words following paragraph (b). Interpretation Act 1978 (c. 30) In Schedule 1, in the definition of “committed for trial”, in paragraph (b), the words “, justice of the peace”. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S. I. 1978/1908 (N.I. 27)) . . . County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) . . . Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) In Part 2 of Schedule 1, paragraphs 65 to 68. Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) In Article 4(2), the word “or” following sub-paragraph (a). Article 10(6). In Article 34, the words “within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998”. In Part 1 of Schedule 1, paragraph 5. Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) In Article 2(3), in the definition of “resident magistrate”, the words “or a temporary resident magistrate appointed under any enactment repealed by that Act of 1964”. In Article 18, paragraph (3) and, in paragraph (4)(a), the words “or other justice of the peace” and the words “or, as the case may be, paragraph (3),”. In Article 34, in paragraphs (3) and (4), the words “or other justice of the peace” and, in paragraph (5), the words “or justice of the peace”. Article 44(5). Article 90(4). In Article 152, the words “or other justice of the peace having jurisdiction in the same petty sessions district as the court which made the original order”. In Article 158A(3), the words “or another justice of the peace (as the case may be)”. In Schedule 1, in paragraph 4, the words “and section 6(2A)” and Part 2. Civil Aviation Act 1982 (c. 16) In section 92, in subsection (2), the words following paragraph (b) and subsection (6). Administration of Justice Act 1982 (c. 53) Section 72(2). In Schedule 8, paragraph 2. Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10)) Article 14. In Article 15(1), sub-paragraph (b) and the word “and” before it. Criminal Justice Act 1987 (c. 38) In Schedule 1, paragraph 5(2). In Schedule 2, paragraph 6. Courts and Legal Services Act 1990 (c. 41) Section 109(4). Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7)) In Article 8(5), paragraph (b) and the word “and” before it. Criminal Justice (Northern Ireland) Order 1991 (S.I. 1991/1711 (N.I. 16)) Article 7(3). Social Security Administration (Northern Ireland) Act 1992 (c. 8) In Schedule 2, paragraph 1(4). Radioactive Substances Act 1993 (c. 12) Section 38(3). Criminal Procedure and Investigations Act 1996 (c. 25) In section 1 (as it applies to Northern Ireland), in subsection (2)(e), the words “or (f)”. In section 39 (as it applies to Northern Ireland), in subsection (2)(a), the words “or (f)”. In Schedule 3 (as it applies to Northern Ireland), in paragraph 8(1)(b), the words “or (f)”. Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) Article 22(4)(a). Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) In Schedule 2, the entry relating to members of juvenile court panels. Police (Northern Ireland) Act 1998 (c. 32) In section 58, in subsection (3), the words “under the Prosecution of Offences (Northern Ireland) Order 1972” and subsection (4). Northern Ireland Act 1998 (c. 47) In section 7(1), the word “and” after paragraph (b). In Schedule 2, in paragraph 11, the words “lay magistrates, justices of the peace, members of juvenile court panels,”. In Schedule 10, in paragraph 6, the words “or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly”, in paragraph 12, in sub-paragraph (1), the words “or defended” and, in sub-paragraph (2), the words “or the First Minister and the deputy First Minister acting jointly”, in paragraph 14, the words “or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly”, in paragraph 22, in sub-paragraph (1), the words “or defended” and, in sub-paragraph (2), the words “or the First Minister and the deputy First Minister acting jointly”, in paragraph 24, the words “or, where such intimation is given to the First Minister and the deputy First Minister, those Ministers acting jointly” and paragraph 36. Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) Article 4. Article 54(3)(b). Article 55. In Schedule 5, paragraphs 14, 25, 26(b), 27, 28(a)(i) and (b) and 46(a). Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) Article 7(5). In Schedule 1, paragraph 1(3). Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) Article 82(4). Access to Justice Act 1999 (c. 22) In section 98(3), paragraph (b) and the word “and” before it. Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)) In Article 2(2), in the definition of “judge”, the words “or justice of the peace”. Welfare Reform and Pensions Order 1999 (S.I. 1999/3147 (N.I. 11)) In Article 40(2), the word “or” at the end of sub-paragraph (f). Freedom of Information Act 2000 (c. 36) In Schedule 1, in Part 7, the entries relating to the Advisory Committee on Juvenile Court Lay Panel (Northern Ireland) and the Law Reform Advisory Committee for Northern Ireland. Justice (Northern Ireland) Act 2002 (c. 26) Section 9(10) and (13). ... In Schedule 6, the entries relating to justices of the peace and members of panels formed under Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)). Constitutional Reform Act 2005 Sections 133 to 136.
“amendment” includes repeal or revocation and “amend” is to be construed accordingly,
Article 22 of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)) (appointment of President and chairmen of Special Educational Needs Tribunal for Northern Ireland) is amended as follows. In paragraph (2)— In paragraph (3)(a), for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”. In paragraph (4)(b), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.
This Act has effect subject to the following amendments.
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Section 9 is amended as follows. In subsections (1), (3) and (4), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”. In subsection (2), for “Lord Chancellor” substitute “First Minister and deputy First Minister”. In subsection (5), for “Lord Chancellor otherwise determines” substitute “First Minister and deputy First Minister, acting jointly, otherwise determine”. In subsection (11)—
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Section 90 is amended as follows. In subsection (2), after “2(2)(b)” insert “or 9(4)”. In subsection (4), omit “9(4),”.
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The Commission may employ staff, but subject to the approval of the Lord Chancellor as to— The Commission may make arrangements for securing the provision to it of such assistance by persons employed in— as it considers appropriate for or in connection with the exercise of its functions. Employment by the Northern Ireland Judicial Appointments Commission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 81(7) of the Northern Ireland Act 1998 (notice of intention to vary retrospective decision to be given to the appropriate authority), for “First Minister and the deputy First Minister” substitute “ Advocate General for Northern Ireland and ”.
The First Minister and deputy First Minister must consult the Advocate General for Northern Ireland before appointing a person to be Attorney General for Northern Ireland.
The Chief Inspector may employ staff, but subject to the approval of the Department of Justice as to— The Chief Inspector may make arrangements for securing the provision to him of such assistance by persons employed in— as he considers appropriate for or in connection with the exercise of his functions. Employment by the Chief Inspector of Criminal Justice in Northern Ireland The Chief Inspector must pay to the Department of Justice, at such times as the Department may direct, such sums as the Department may determine in respect of expenditure under the Superannuation (Northern Ireland) Order 1972 attributable to sub-paragraph (2A). Employment by the Chief Inspector of Criminal Justice in Northern Ireland. The Chief Inspector must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
The exercise by the Commission of its functions is not affected by—
any vacancy among the Commissioners, or
any defect in the appointment of a Commissioner.
In Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders)—
in sub-paragraph (a), for “seventeen” substitute “ eighteen ”, and
in the heading of Table A, for “17” substitute “ 18 ”.
In Article 14(11) of the Criminal Justice (Northern Ireland) Order 1994 (compensation to be paid under compensation order made against offender under 17 not to exceed £1,000), for “17” substitute “ 18 ”.
In section 4(1) of the Sex Offenders Act 1997 (young sex offenders), for paragraph (c) substitute—.
In paragraph 39(4)(b) and (6)(b) of Schedule 4 to the Terrorism Act 2000 (compensation where restraint order is discharged), for “member of the Office of the Director of Public Prosecutions for Northern Ireland” substitute “ member of staff of the Public Prosecution Service for Northern Ireland ”.
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The Commission is not to be regarded— The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.
In section 102(7) of the Scotland Act 1998 (notice to be given to the appropriate law officer), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.
The Commission may do anything, apart from borrowing money, which it considers is— the exercise of its functions.
appropriate for facilitating, or
incidental or conducive to,
The application of the seal of the Commission is to be authenticated by the signature of any Commissioner or member of staff of the Commission who has been authorised (whether generally or specially) for the purpose.
Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.
A document purporting to be— is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.
duly executed by the Commission under its seal, or
signed on its behalf,
The Commission is not to be regarded— The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.
In section 2(1A) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs ordered by magistrates’ court to be paid by person under 17 not to exceed amount of fine imposed on him), for “seventeen” substitute “ eighteen ”.
In Article 45(4) of the Magistrates’ Courts (Northern Ireland) Order 1981 (summary trial of persons 17 or over), for “seventeen” substitute “ eighteen ”.
The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.
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The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 has effect subject to the following amendments.
The Commission may do anything, apart from borrowing money, which it considers is— the exercise of its functions.
appropriate for facilitating, or
incidental or conducive to,
In Article 5(9) (conditional discharge in case of offender under 17: exercise of powers once 17 or over), for “17” (in both places) substitute “ 18 ”.
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The application of the seal of the Commission is to be authenticated by the signature of any member, or member of staff, of the Commission who has been authorised (whether generally or specially) for the purpose.
In Article 6(2) (effect of discharge where offender 17 or over), for “17” substitute “ 18 ”.
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Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.
In Article 7(1)(b) (power to require offender between 14 and 17, or his parent or guardian, to give security for good behaviour of offender), for “17” substitute “ 18 ”.
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A document purporting to be— is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.
duly executed by the Commission under its seal, or
signed on its behalf,
In Article 9(5) (court not to dispense with need for pre-sentence report before passing community sentence on person under 17 unless it relies on previous report), for “17” substitute “ 18 ”.
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In Article 29(4)(c) (fixing of fine where parent or guardian of offender under 17 has failed to comply with financial circumstances order etc.), for “17” substitute “ 18 ”.
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In Article 31(3) (false statements as to financial circumstances in cases where persons charged are under 17), for “17” substitute “ 18 ”.
In Article 28(2) (free legal aid in the magistrates’ court: representation by counsel), for “proceedings” substitute “ defence ”.
In Article 34(2) (copy of report of probation officer to be given to parent or guardian of offender under 17), for “17” substitute “ 18 ”.
In Article 31 (resolution of doubts), after “28,” insert “ 28A, ”.
In Article 32 (statements for purposes of free legal aid), after “28,” insert “ 28A, ”.
In Article 36(3) (rules about free legal aid in criminal proceedings), after sub-paragraph (b) insert—.
In Article 39 (interpretation of Part 3)—
“child” has the meaning given in Article 2(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9); “court-ordered youth conference” has the meaning assigned to that expression by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;,
in the definition of “criminal aid certificate” after “28(1),” insert “ 28A(3), ”, and
after that definition insert—.
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“coroner” and “deputy coroner” mean a coroner and deputy coroner appointed under section 2 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)),
The Northern Ireland Law Commission.
The Secretary of State or the Department of Justice may by order make any transitional provisions or savings which appear appropriate in connection with the coming into force of any provision of this Act.
The persons who, immediately before the date on which section 30 comes into force, hold the offices of Director of Public Prosecutions for Northern Ireland and Deputy Director of Public Prosecutions for Northern Ireland under the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) shall be treated as if—
they had been appointed to those offices under that section on that date, and
the Secretary of State had made a determination under subsection (9) of that section for the making of payments to or in respect of them on and after that date on the same terms as that on which payments were so made immediately before that date.
An order under subsection (1) may include provision for the transfer to the staff of the Public Prosecution Service for Northern Ireland of such persons employed by any authority wholly or mainly in connection with the exercise of functions relating to the prosecution of offences as are specified in the order.
If on the coming into force of subsection (1) of section 31 it is not reasonably practicable for the Director to take over the conduct of all proceedings of the description specified in that subsection, he is under a duty to take over the conduct of only such proceedings of that description as it is reasonably practicable for him to conduct until the earlier of—
the time when it is first reasonably practicable for him to take over the conduct of all proceedings of that description, and
the end of the period of five years beginning with the day on which that subsection comes into force.
If section 35 comes into force before section 10, the reference in subsection (2) of section 35 to a lay magistrate has effect, until section 10 comes into force, as a reference to a justice of the peace.
If section 44 comes into force before section 41, subsection (1)(d) of section 44 has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).
If sections 45 to 49 come into force before section 29, the references in those sections to the Public Prosecution Service for Northern Ireland have effect, until that section comes into force, as references to the Office of the Director of Public Prosecutions for Northern Ireland.
No order may be made under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) in relation to an offence committed before the coming into force of section 54; and no order may be made under Article 36E of that Order in relation to an offence committed before the coming into force of section 55.
If section 56 comes into force before section 10, the references in Articles 44D(5) and 44F(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 56) to a lay magistrate have effect, until section 10 comes into force, as references to a justice of the peace.
No reference may be made under Article 10A of the Criminal Justice (Children) (Northern Ireland) Order 1998 in relation to an offence committed before the coming into force of section 58; and no reference may be made under Article 33A of that Order in relation to an offence committed before the coming into force of section 59.
If section 58 comes into force before section 41, paragraph (5)(d) of Article 10B of the Criminal Justice (Children) (Northern Ireland) Order 1998 (inserted by section 58) has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).
Any power of— to make an order or a scheme (or alterations to a scheme) under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
the Lord Chancellor,
the Secretary of State, or
the First Minister and deputy First Minister or the Department of Justice,
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No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b), 9(4), 19(4)(b), 46(6)(a) or (b) or 72(1), (3), (7) or (8) shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
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Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (1A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
No order containing (whether or not together with other provision) provision made by virtue of section 78 shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
The following instruments— shall, unless a draft has been approved by a resolution of the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
an order under section 2(2)(a) or (c),5A(6), 10(4), 12(3), 19(4)(a) or (c), ... 46(6)(c), 63(2), 72(2) or 85(2), Schedule 4 or paragraph 7(3) of Schedule 8, and
a scheme (or alterations to a scheme) under section 68 or 69A,
An order under section 28(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 applies accordingly.
Subject as follows, the preceding provisions of this Act (with the Schedules) extend to Northern Ireland only.
Subsection (1) does not apply to any of the following provisions— and sections 87 to 90 so far as relating to those provisions.
section 10(6) and paragraphs 5 and 6 of Schedule 4,
section 1,
section 22(1), and
section 27(1),
Any amendment made by this Act, apart from the repeal of sections 4 and 6 of the Promissory Oaths Act 1868 (c. 72), has the same extent as the provision to which it relates.
There is to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act, and
any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.
This Act may be cited as the Justice (Northern Ireland) Act 2002.
The Ombudsman is ineligible to exercise specified functions if either sub-paragraph (2) or (3) applies. This sub-paragraph applies where the Ombudsman— This sub-paragraph applies where the Ombudsman considers— As part of the considerations under sub-paragraph (3), the Ombudsman may consult the Department of Justice. The service referred to in sub-paragraph (3)(b) is service as any of these –
Sub-paragraph (2) applies where— The Ombudsman must direct— to exercise that function on behalf of the Ombudsman. The Ombudsman may direct— Where the Ombudsman has directed a person to exercise a specified function, that person is to be treated, for the purposes of exercising that function, as the Ombudsman.
The Ombudsman must not direct a person under paragraph 1A if either sub-paragraph (2) or (3) applies. This sub-paragraph applies where— This sub-paragraph applies where the Ombudsman considers— As part of the considerations under sub-paragraph (3), the Ombudsman may consult the Department of Justice. The service referred to in sub-paragraph (3)(b) is service as any of these—
For the purposes of this Schedule, the functions of the Ombudsman set out in the following provisions are specified functions— In section 7(6A)(c), the function of convening a tribunal by the Ombudsman is a specified function for the purposes of this Schedule, but the person to be notified by the Lord Chief Justice under that subsection is the Ombudsman and not a person that the Ombudsman has directed to exercise a specified function.
In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3). A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is— A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—
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The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole.
The Ombudsman does not have power to do any of the following— Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions. Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).
The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him. Arrangements may include the paying of fees to such persons. In making arrangements, the Ombudsman must have regard to thedesirability of keeping fees broadly in line with those paid by the civil service of Northern Ireland.
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The Ombudsman may delegate any functions to— But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him. Sub-paragraph (1) does not apply to the Ombudsman's functions under section 7 or 8 of this Act or section 12B or 12C of the Judicature (Northern Ireland) Act 1978.
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The Ombudsman must, as soon as practicable after the end of each financial year, lay before the Assembly a report about the performance of his functions during that year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Ombudsman must publish any report once copies of it have been laid before the Assembly. Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (1) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.
A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way.
Financial year in this Schedule, means— In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman. In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.