The Justice (Northern Ireland) Act 2004 (Commencement No. 3) Order 2005

Statutory Rules of Northern Ireland

2005 No. 282 (C. 22)

JUSTICE

The Justice (Northern Ireland) Act 2004 (Commencement No. 3) Order 2005

Made

24th May 2005

The Secretary of State, in exercise of the powers conferred upon him by section 19 of the Justice (Northern Ireland) Act 2004(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Justice (Northern Ireland) Act 2004 (Commencement No. 3) Order 2005.

(2) In this Order “the 2004 Act” means the Justice (Northern Ireland) Act 2004.

2.—(1) The provisions of the 2004 Act specified in paragraph (2) shall come into force on 13th June 2005.

(2) The provisions referred to in paragraph (1) are –

(a)section 6 (duty of Director of Public Prosecutions to refer certain matters to the Police Ombudsman);

(b)section 7 (influencing a prosecutor);

(c)section 18 (repeals) to the extent necessary to bring into force the provisions referred to in sub-paragraph (d); and

(d)in Schedule 4, the entry in respect of the Police (Northern Ireland) Act 1998(2).

3.—(1) The provisions of the 2004 Act specified in paragraph (2) shall come into force on 15th June 2005.

(2) The provisions referred to in paragraph (1) are –

(a)section 1 together with Schedule 1 (transfer to Lord Chancellor of functions relating to Judicial Appointments Commission);

(b)section 2 (membership of the Commission); and

(c)section 3 (duty of Commission to secure judiciary reflective of the community).

4.  Section 16 together with Schedule 3 (court security) of the 2004 Act shall come into force on 25th July 2005.

5.  Section 8(1) to (8) (guidance for criminal justice organisations on human rights standards) of the 2004 Act shall come into force on 1st February 2006.

Peter Hain

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

24th May 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force certain specified provisions of the Justice (Northern Ireland) Act 2004 (“the 2004 Act”). The provisions of the 2004 Act specified in Article 2 are to come into force on 13th June 2005. The provisions of the 2004 Act specified in Article 3 are to come into force on 15th June 2005. The provisions of the 2004 Act specified in Article 4 are to come into force on 25th July 2005. Section 8(1) to (8) of the 2004 Act is to come into force on 1st February 2006.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionDate of CommencementS.R. No.
Section 9 (the Juvenile Justice Board)14.7.20042004 No. 267 (C. 10)
Section 10 (prosecution right of appeal against grant of bail by magistrates' court)29.10.20042004 No. 432 (C. 23)
Section 11 (bail under section 67 of the Terrorism Act 2000)14.7.20042004 No. 267 (C. 10)
Section 12 (bail to which Part 2 of the Criminal Justice (Northern Ireland) Order 2003 applies)
Section 13 (transfer of prisoners)
Section 14 (amendment of section 103 of Terrorism Act 2000)
Section 15 (arrest without warrant for offence of driving while disqualified)
Section 17 (right of barrister to enter into contract for the provision of his services)
Section 18 (partially) (repeals)
Schedule 2 (bail under Terrorism Act 2000)
Schedule 4 (partially) (repeals)