Part 1The Judiciary

General

1Guarantee of continued judicial independence

Those with responsibility for the administration of justice must uphold the continued independence of the judiciary.

Appointment and removal

2Introductory

(1)Sections 3 to 8 make provision about appointment to and removal from—

(a)the offices of Lord Chief Justice and Lord Justice of Appeal, and

(b)the offices listed in Schedule 1.

(2)The First Minister and deputy First Minister, acting jointly, may by order amend Schedule 1 by—

(a)adding an office (other than the office of Lord Chief Justice or Lord Justice of Appeal),

(b)omitting an office, or

(c)altering the description of an office.

(3)No order under subsection (2) may be made without the agreement of the Lord Chief Justice.

(4)An order under subsection (2) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

(5)In this Act—

• “listed judicial office” means an office listed in Schedule 1, and

• “protected judicial office” means the office of Lord Chief Justice, the office of Lord Justice of Appeal or a listed judicial office.

3Judicial Appointments Commission

(1)There is to be a body corporate known as the Northern Ireland Judicial Appointments Commission.

(2)The Commission is to consist of—

(a)a chairman, and

(b)twelve other members appointed by the First Minister and deputy First Minister, acting jointly.

(3)Schedule 2 makes further provision about the Commission.

(4)The Lord Chief Justice is to be the chairman of the Commission; but for any time during which—

(a)the office of Lord Chief Justice is vacant, or

(b)he is not available,

the senior Lord Justice of Appeal who is available is to act as the chairman (whether or not he is already a member).

(5)The following are to be appointed as the other members—

(a)five persons nominated by the Lord Chief Justice (referred to in this section and Schedule 2 as “judicial members”),

(b)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

(c)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”);

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.

(6)The judicial members are to be—

(a)a Lord Justice of Appeal,

(b)a judge of the High Court,

(c)a county court judge,

(d)a resident magistrate, and

(e)a lay magistrate.

(7)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.

(8)In appointing persons to be lay members, the First Minister and deputy First Minister must so far as possible secure that the lay members (taken together) are representative of the community in Northern Ireland.

4Appointment to most senior judicial offices

For section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (appointment of Lord Chief Justice, Lords Justices of Appeal and judges of High Court) substitute—

“12Appointment of Lord Chief Justice and Lords Justices of Appeal

(1)Whenever the office of Lord Chief Justice is vacant, Her Majesty may, on the recommendation of the Prime Minister, appoint a qualified person to that office by letters patent under the Great Seal of Northern Ireland.

(2)Her Majesty may from time to time, on the recommendation of the Prime Minister, appoint a qualified person as a Lord Justice of Appeal by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 3).

(3)The power of the Prime Minister to make recommendations under subsections (1) and (2) is exercisable only after consultation with—

(a)the First Minister and deputy First Minister; and

(b)the Lord Chief Justice or, if the office of Lord Chief Justice is vacant or he is not available, the senior Lord Justice of Appeal who is available.

(4)The Northern Ireland Judicial Appointments Commission shall give to the First Minister and deputy First Minister advice as to the procedure which, whenever they are consulted by the Prime Minister under subsection (3)(a), they should adopt for formulating their response to him.

(5)After considering that advice, the First Minister and deputy First Minister acting jointly shall, with the approval of the Prime Minister, determine the procedure which, whenever they are consulted by the Prime Minister under subsection (3)(a), they are to adopt for formulating their response to him; and on each occasion on which they are so consulted, they shall adopt that procedure.

12AAppointment of judges of High Court

Her Majesty may from time to time, on the recommendation of the First Minister and deputy First Minister acting jointly, appoint a qualified person as a judge of the High Court by letters patent under the Great Seal of Northern Ireland (but subject to the limit on numbers for the time being imposed by section 2).”

5Appointment to listed judicial offices

(1)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.

(2)Only a person selected by the Commission may be appointed, or recommended for appointment, to a listed judicial office.

(3)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.

(4)When the Commission is so required, it must—

(a)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

(b)make a report to that Office on its process of selection, indicating the basis of its decision to select that person.

(5)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.

(6)If the Commission is required to reconsider its decision, it must—

(a)after doing so, either re-affirm its selection or select a different person to be appointed, or recommended for appointment, to the office,

(b)inform the Office of the First Minister and deputy First Minister of the outcome of its reconsideration, and

(c)make a report to that Office indicating the basis of the decision made by it after its reconsideration.

(7)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.

(8)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.

(9)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.

6Removal from most senior judicial offices

After section 12A of the Judicature (Northern Ireland) Act 1978 (c. 23) (inserted by section 4 of this Act) insert—

“12BTenure of office

(1)The Lord Chief Justice, Lords Justices of Appeal and judges of the High Court hold office during good behaviour (subject to section 26 of, and Schedule 7 to, the Judicial Pensions and Retirement Act 1993 (c. 8)).

(2)Her Majesty may on an address presented to Her Majesty by both Houses of Parliament remove a person from office as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court.

(3)A motion for the presentation of an address to Her Majesty for the removal of a person from any of those offices may be made—

(a)to the House of Commons only by the Prime Minister; and

(b)to the House of Lords only by the Lord Chancellor.

(4)Neither the Prime Minister nor the Lord Chancellor may make a motion for the presentation of such an address unless—

(a)they have been advised to do so by the First Minister and deputy First Minister acting jointly; or

(b)they have consulted the First Minister and deputy First Minister about doing so.

(5)Neither the Prime Minister nor the Lord Chancellor may make a motion for the presentation of such an address unless a tribunal convened under section 8 of the Justice (Northern Ireland) Act 2002 has reported to the First Minister and deputy First Minister recommending that the person be removed from the office on the ground of misbehaviour.

(6)If such a tribunal has so recommended, the First Minister and deputy First Minister shall send a copy of the report of the tribunal to the Prime Minister and the Lord Chancellor, together with any comments they wish to make about the report.

(7)The Prime Minister shall lay a copy of the report and any advice, response to consultation or comments of the First Minister and deputy First Minister before the House of Commons before making a motion for the presentation of an address in that House; and the Lord Chancellor shall lay a copy of them before the House of Lords before making such a motion in that House.

(8)If the Prime Minister and Lord Chancellor are considering the making of motions for the presentation of an address to Her Majesty in relation to the Lord Chief Justice, the Prime Minister may suspend him from office; and if they are considering the making of such motions in relation to a Lord Justice of Appeal or a judge of the High Court the Prime Minister may suspend him from office with the agreement of the Lord Chief Justice.

(9)If a person is suspended from an office under subsection (8), he may not perform any of the functions of the office (but his other rights as holder of the office are unaffected).

(10)Nothing in subsections (1) to (9) applies to a judge of the High Court appointed after the coming into force of section 7 of the Justice (Northern Ireland) Act 2002 (as to the removal and suspension of whom see that section).”

7Removal from listed judicial offices

(1)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.

(2)The power to remove or suspend him is exercisable by the First Minister and deputy First Minister, acting jointly.

(3)He may only be removed if a tribunal convened under section 8 has reported to the First Minister and deputy First Minister recommending that he be removed on the ground of misbehaviour or inability to perform the functions of the office.

(4)He may only be suspended if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to them that he be suspended.

(5)He may not be removed or suspended without the agreement of the Lord Chief Justice.

(6)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).

(7)Nothing in subsections (1) to (6) 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 12B of the Judicature (Northern Ireland) Act 1978 (c. 23) (inserted by section 6 of this Act)).

(8)But, subject to that, those subsections apply whatever the date of a person’s appointment.

8Tribunals for considering removal

(1)A tribunal to consider the removal of the Lord Chief Justice may be convened by the First Minister and deputy First Minister, acting jointly.

(2)A tribunal to consider the removal of the holder of any other protected judicial office may be convened—

(a)by the First Minister and deputy First Minister, acting jointly, after consulting the Lord Chief Justice, or

(b)by the Lord Chief Justice, after consulting the First Minister and deputy First Minister.

(3)A tribunal to consider the removal of the Lord Chief Justice or a Lord Justice of Appeal may not be convened unless the Prime Minister has been consulted.

(4)A tribunal to consider the removal of the Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court is to consist of—

(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,

(b)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

(c)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.

(5)A tribunal to consider the removal of the holder of any other protected judicial office is to consist of—

(a)a person who holds, or has held, the office of Lord Chief Justice or Lord Justice of Appeal,

(b)a person who holds the office of judge of the High Court, and

(c)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.

(6)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4) or (5).

(7)The selection of the persons to be the members of a tribunal under paragraphs (a) and (b) of subsection (4) is to be made by the Lord Chancellor.

(8)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.

(9)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.

(10)The procedure of a tribunal is to be determined by the Lord Chief Justice except where—

(a)the office of Lord Chief Justice is vacant,

(b)he is not available, or

(c)the tribunal is to consider his removal from office;

and in such a case its procedure is to be determined by its chairman.

(11)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.

Magistrates

9Lay magistrates

(1)The Lord Chancellor must, for each county court division, appoint persons to be lay magistrates for the division.

(2)A person may not be appointed to be a lay magistrate unless—

(a)he has completed a course of training approved by the Lord Chancellor, or

(b)he has given an undertaking in writing to attend such a course of training.

(3)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.

(4)The Lord Chancellor may by order make further provision about eligibility for appointment to be a lay magistrate.

(5)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—

(a)if he does not reside or work in, or within a prescribed distance of, the county court division to which the appointment relates,

(b)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,

(c)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

(d)if he has been convicted of a prescribed offence,

unless the Lord Chancellor otherwise determines in the case of a particular person.

(6)“Prescribed” means prescribed in the order.

(7)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.

(8)A lay magistrate ceases to hold office on the day on which he attains the age of 70.

(9)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).

(10)The Lord Chancellor may remove a lay magistrate from office.

(11)The Lord Chancellor must pay to lay magistrates any such allowances as he may determine.

(12)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).

(13)In paragraph 11 of Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters: judicial offices), after “resident magistrates,” insert “lay magistrates,”.

(14)“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)).

10Transfer of functions of justices of the peace

(1)Subject as follows, the functions of justices of the peace (including their functions as members of a court) are transferred to lay magistrates.

(2)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.

(3)This subsection applies to —

(a)any function of issuing a warrant or summons,

(b)any function of remanding an accused who has not previously been remanded for the offence,

(c)any function of ordering a person to enter into a recognisance to keep the peace or to be of good behaviour,

(d)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.),

(e)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),

(f)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),

(g)any function relating to perjury, misbehaviour or failure to testify in proceedings before a lay magistrate exercising any function to which this subsection applies,

(h)any function relating to adjournment of, or any other ancillary matter concerning, such proceedings,

(i)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

(j)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).

(4)The Lord Chancellor may by order amend subsection (3).

(5)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.

(6)Schedule 4 also contains amendments consequential on this section.

(7)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).

11Transfer of functions of lay panellists

(1)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”.

(2)In section 178 of that Act (assessors for county court in appeals from juvenile courts)—

(a)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,”,

(b)in subsection (2), for “person” (in each place) substitute “lay magistrate”, and

(c)in subsection (4), for the definition of “the appropriate juvenile courts panels” substitute—

• ““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;”.

(3)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”.

Lord Chief Justice

12Role of Lord Chief Justice

(1)The Lord Chief Justice is president of—

(a)the Court of Appeal,

(b)the High Court,

(c)the Crown Court,

(d)the county courts, and

(e)the magistrates' courts,

and head of the judges and magistrates who sit in them.

(2)Schedule 5 transfers to the Lord Chief Justice certain functions of the Lord Chancellor in relation to the operation of the courts.

(3)The Lord Chancellor may by order make amendments in any enactment or instrument (whenever passed or made) for, or in connection with, the transfer of other functions of his to the Lord Chief Justice.

13Presiding county court judge

(1)After section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) insert—

“102APresiding judge

(1)The Lord Chief Justice must appoint one of the judges to be the Presiding judge with responsibility for the county courts and the other judges and the deputy judges.

(2)The person appointed as Presiding judge holds that office in accordance with the terms of his appointment.

(3)If the office of Presiding judge becomes vacant, the Lord Chief Justice may appoint a judge to act as Presiding judge, pending a new appointment.”

(2)The Lord Chief Justice may delegate any of his functions relating to county courts to the Presiding county court judge.

14Presiding resident magistrate

(1)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.

(2)The person appointed as Presiding resident magistrate holds that office in accordance with the terms of his appointment.

(3)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.

(4)The Lord Chief Justice may delegate any of his functions relating to magistrates' courts to the Presiding resident magistrate.

15Presiding lay magistrate

(1)The Lord Chief Justice must appoint one of the lay magistrates to be the Presiding lay magistrate with responsibility for the other lay magistrates.

(2)The person appointed as Presiding lay magistrate holds that office in accordance with the terms of his appointment.

(3)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.

16Complaints about holders of judicial office

(1)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.

(2)The code must include provision for any complaints appearing to the Lord Chief Justice—

(a)to involve a serious allegation of misbehaviour or inability to perform the functions of an office, and

(b)to have a reasonable prospect of being substantiated,

to be referred to a tribunal for it to provide advice about any steps which should be taken to deal with the complaint.

(3)The Lord Chief Justice may from time to time prepare a new code or make alterations to a code.

(4)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).

17Secretaries to Lord Chief Justice

(1)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.

(2)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”.

(3)In section 54(5) of that Act (joint secretaries to Supreme Court 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.”

(4)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.”

Other provisions

18Qualification for appointment

(1)In section 6 of the Appellate Jurisdiction Act 1876 (c. 59) (qualification for appointment as Lord of Appeal in Ordinary), for “practising member of the Bar of Northern Ireland” substitute “member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Judicature of Northern Ireland”.

(2)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”.

(3)For section 9 of that Act (qualification for appointment as judge of High Court or Court of Appeal) substitute—

“9Qualification to be judge of High Court or Court of Appeal

A person is not qualified for appointment as Lord Chief Justice, a Lord Justice of Appeal or a judge of the High Court unless he is—

(a)a member of the Bar of Northern Ireland of at least ten years' standing; or

(b)a solicitor of the Supreme Court of at least ten years' standing.”

(4)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” substitute “he is—

(a)a member of the Bar of Northern Ireland of at least ten years' standing; or

(b)a solicitor of the Supreme Court of at least ten years' standing.”

(5)In section 107(1) of that Act (qualification for appointment as deputy county court judge), for the words after “deputy judge” substitute “a person who is—

(a)a member of the Bar of Northern Ireland of at least ten years' standing; or

(b)a solicitor of the Supreme Court of at least ten years' standing.”

(6)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” substitute “are—

(a)members of the Bar of Northern Ireland of at least seven years' standing; or

(b)solicitors of the Supreme Court of at least seven years' standing.”

(7)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” substitute “he is—

(a)a member of the Bar of Northern Ireland of at least five years' standing; or

(b)a solicitor of the Supreme Court of at least five years' standing.”

(8)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” substitute “he is—

(a)a barrister or solicitor, or in the case of the Official Solicitor a solicitor, who has at least the number of years' standing specified in relation to that office in column 3 of that Schedule; or

(b)the holder of any other office so listed.”

(9)In Schedule 3 to that Act, in each of the entries relating to a Master and in the entry relating to the Official Solicitor, in column 3 (number of years' standing), for “10” substitute “7”.

(10)In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), after subsection (1) insert—

“(1A)A person is not qualified for appointment as Crown Solicitor unless he is—

(a)a member of the Bar of Northern Ireland of at least ten years'standing; or

(b)a solicitor of the Supreme Court of at least ten years' standing.”

19Judicial oath or affirmation

(1)Every person appointed to an office specified in Schedule 6 must, before undertaking any functions of the office, either—

(a)take the oath specified in subsection (2), or

(b)make the affirmation and declaration specified in subsection (3).

(2)The oath is—

“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.”

(3)The affirmation and declaration is—

“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.”

(4)The Lord Chancellor may by order amend Schedule 6 by—

(a)adding an office,

(b)omitting an office, or

(c)altering the description of an office.

(5)An order under subsection (4) may make appropriate consequential amendments in any enactment or instrument (whenever passed or made).

20Crown Solicitor

In section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland), for subsection (3) substitute—

“(3)The Crown Solicitor—

(a)must make his services available to any Minister or department of the Government of the United Kingdom; and

(b)may make his services available to any Northern Ireland Minister or Northern Ireland department or any other public body or holder of public office.”

21Judicial pensions: pension sharing

(1)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.

(2)In paragraph (2), after sub-paragraph (g) insert—

“(h)the Judicial Pensions Act 1981 (c. 20); and

(i)the Judicial Pensions and Retirement Act 1993 (c. 8).”

(3)In paragraph (3)(a)—

(a)for “(2)(d) and (e)” substitute “(2)(d) or (e)”, and

(b)for “(2)(a) to (c), (f) and (g),” substitute “(2)(a), (b), (c), (f), (g), (h) or (i)”.

(4)In paragraph (4)(a), for “(2)(a) to (c), (f) and (g)” substitute “(2)(a), (b), (c), (f), (g), (h) or (i)”.

Part 2Law Officers and Public Prosecution Service

Attorney General

22Attorney General

(1)The Attorney General for England and Wales shall no longer be Attorney General for Northern Ireland.

(2)The First Minister and deputy First Minister, acting jointly, must appoint a person to be Attorney General for Northern Ireland.

(3)The Attorney General for Northern Ireland is to be funded by the First Minister and deputy First Minister, acting jointly.

(4)The Attorney General for Northern Ireland may appoint staff, but subject to the approval of the First Minister and deputy First Minister as to—

(a)numbers,

(b)salary, and

(c)other conditions of service.

(5)The functions of the Attorney General for Northern Ireland shall be exercised by him independently of any other person.

(6)A person is not qualified for appointment as Attorney General for Northern Ireland unless he is—

(a)a member of the Bar of Northern Ireland of at least ten years' standing, or

(b)a solicitor of the Supreme Court of at least ten years' standing.

(7)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.

23Terms of appointment of Attorney General

(1)Subject as follows, the Attorney General for Northern Ireland holds office in accordance with the terms of his appointment (or re-appointment).

(2)A person may not be appointed as the Attorney General for Northern Ireland for more than five years at a time.

(3)The Attorney General for Northern Ireland may resign by notice in writing to the Office of the First Minister and deputy First Minister.

(4)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.

(5)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.

(6)In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Attorney General for Northern Ireland.”

(7)In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Attorney General for Northern Ireland.”

(8)The Attorney General for Northern Ireland is disqualified from being elected to, or being a member of, a district council in Northern Ireland.

(9)In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Attorney General for Northern Ireland.”

24Removal of Attorney General

(1)The Attorney General for Northern Ireland—

(a)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

(b)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.

(2)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).

(3)A tribunal may be convened by the First Minister and deputy First Minister, acting jointly.

(4)A tribunal is to consist of—

(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, and

(b)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.

(5)The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor.

(6)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4).

(7)The procedure of a tribunal is to be determined by its chairman.

(8)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.

25Participation by Attorney General in Assembly proceedings

(1)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.

(2)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.

(3)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—

(a)might prejudice criminal proceedings in that case, or

(b)would be otherwise against the public interest.

(4)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.

26Annual report by Attorney General

(1)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.

(2)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.

(3)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).

(4)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.

(5)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—

(a)would be against the public interest, or

(b)might jeopardise the safety of any person.

(6)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.

(7)“Financial year” means—

(a)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

(b)each subsequent period of twelve months beginning with 1st April.

Advocate General

27Advocate General

(1)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.

(2)In section 2 of the Law Officers Act 1997 (c. 60) (exercise of functions of Attorney General for Northern Ireland by Solicitor General)—

(a)in subsection (1), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”,

(b)in subsections (2) to (5), for “Attorney General” (in each place) substitute “Advocate General”, and

(c)in subsection (6), for ““Attorney General” means the Attorney” substitute ““Advocate General” means the Advocate”.

(3)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.

(4)In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), after paragraph 21 insert—

“21AThe office and functions of the Advocate General for Northern Ireland.”

28Functions of Advocate General

(1)Schedule 7 makes provision about the functions of the Advocate General for Northern Ireland.

(2)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).

Public Prosecution Service

29Public Prosecution Service

(1)There is to be a prosecuting service for Northern Ireland known as the Public Prosecution Service for Northern Ireland.

(2)The Service is to consist of—

(a)the Director of Public Prosecutions for Northern Ireland,

(b)the Deputy Director of Public Prosecutions for Northern Ireland, and

(c)the members of staff of the service appointed under subsection (4).

(3)The Service is to be funded by the Secretary of State.

(4)The Director may appoint staff of the Service, but subject to the approval of the Secretary of State as to—

(a)numbers,

(b)salary, and

(c)other conditions of service.

(5)The Director may designate any member of staff of the Service who is—

(a)a member of the Bar of Northern Ireland, or

(b)a solicitor of the Supreme Court;

and any person designated under this subsection is to be known as a Public Prosecutor.

(6)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.

(7)The Director and Deputy Director (if barristers) and Public Prosecutors designated under subsection (5)(a) are not prevented from—

(a)conducting any criminal proceedings, or

(b)exercising a right of audience in any criminal proceedings,

by not having been instructed by a solicitor.

(8)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.

30Director of Public Prosecutions

(1)The Attorney General for Northern Ireland must—

(a)appoint a person to be Director of Public Prosecutions for Northern Ireland, and

(b)appoint a person to be Deputy Director of Public Prosecutions for Northern Ireland.

(2)A person is not qualified for appointment as Director unless he is—

(a)a member of the Bar of Northern Ireland of at least ten years' standing, or

(b)a solicitor of the Supreme Court of at least ten years' standing.

(3)A person is not qualified for appointment as Deputy Director unless he is—

(a)a member of the Bar of Northern Ireland of at least seven years' standing, or

(b)a solicitor of the Supreme Court of at least seven years' standing.

(4)The Deputy Director has all the powers of the Director but must exercise them subject to his direction and control.

(5)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.

(6)But the Director and Deputy Director—

(a)may resign by notice in writing to the Attorney General for Northern Ireland, and

(b)may be removed from office in accordance with section 40(3) or 43.

(7)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.

(8)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.

(9)The Secretary of State must pay to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such—

(a)salary,

(b)allowances, or

(c)sums for the provision of pensions,

as the Secretary of State may determine.

(10)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.

(11)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.

31Conduct of prosecutions

(1)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).

(2)The Director may institute, and have the conduct of, criminal proceedings in any other case where it appears appropriate for him to do so.

(3)This section does not preclude any person other than the Director from—

(a)instituting any criminal proceedings, or

(b)conducting any criminal proceedings to which the Director’s duty to conduct proceedings does not apply.

(4)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.

(5)The Director must give to police forces such advice as appears to him appropriate on matters relating to the prosecution of offences.

(6)“Police force” means—

(a)the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve,

(b)the Ministry of Defence Police,

(c)any body of constables appointed under Article 19 of the Airports (Northern Ireland) Order 1994 (S.I 1994/426 (N.I. 1)), or

(d)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).

32Discontinuance of proceedings before court appearance

(1)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.

(2)Where proceedings against a person in relation to an offence are discontinued under subsection (1), the Director must inform—

(a)the person, and

(b)any court before which the person has been required to appear in connection with the offence,

that the proceedings have been discontinued.

(3)Where proceedings against a person in relation to an offence are discontinued under subsection (1)—

(a)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

(b)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.

(4)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).

33Consents to prosecutions

(1)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”).

(2)A consent provision is deemed to be complied with if the consent is produced to the court—

(a)in the case of an indictable offence, at any time before the indictment is presented, or

(b)in the case of an offence to be tried summarily, at any time before the plea of the accused person is taken.

(3)For the purposes of a consent provision it is sufficient—

(a)to describe the offence to which the consent relates in general terms,

(b)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

(c)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.

(4)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.

(5)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.

(6)Any document purporting—

(a)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

(b)to be signed by the Director or Deputy Director,

is admissible as prima facie evidence without further proof.

34Police complaints

(1)Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) (Police Ombudsman for Northern Ireland) is amended as follows.

(2)In section 50(1) (interpretation), after the definition of “complainant” insert—

• ““the Director” means the Director of Public Prosecutions for Northern Ireland;”.

(3)In section 52 (complaints: receipt and initial classification), in subsections (1)(b), (6) and (7), after “Board” insert “, the Director”.

(4)In section 55 (consideration of other matters by Ombudsman), in subsection (1) (in each place) and in subsection (7), after “Board” insert “, the Director”.

35Information for Director

(1)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)a copy of every complaint, deposition, examination, statement and recognisance connected with the charge, and

(b)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.

(2)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.

(3)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.

(4)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.

(5)The Chief Constable of the Police Service of Northern Ireland must, at the request of the Director, ascertain and give to the Director—

(a)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

(b)information appearing to the Director to be necessary for the exercise of his functions.

36Exercise of functions by and on behalf of Service

(1)The Director may delegate any of his powers (to such extent as he determines) to—

(a)any Public Prosecutor, or

(b)any other member of staff of the Public Prosecution Service for Northern Ireland.

(2)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 assigned to him by the Director.

(3)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.

37Code for Prosecutors

(1)The Director must prepare a code of practice for—

(a)Public Prosecutors, and

(b)barristers and solicitors to whom the Director assigns the institution or conduct of criminal proceedings.

(2)The code must include a code of ethics laying down standards of conduct and practice.

(3)The code must also give guidance on general principles to be applied—

(a)in determining, in any case, whether criminal proceedings should be instituted or, where criminal proceedings have been instituted, whether they should be discontinued, and

(b)in determining, in any case, what charges should be preferred.

(4)The Director may from time to time prepare a new code or make alterations to a code.

(5)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.

(6)The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).

38Equality and non-discrimination

(1)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.

(2)In subsection (3) of section 75, after paragraph (cc) insert—

“(cd)the Director of Public Prosecutions for Northern Ireland;”.

(3)After subsection (4) of that section insert—

“(4A)The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences.”

(4)In subsection (7) of section 76, after paragraph (e) insert—

“(ea)the Director of Public Prosecutions for Northern Ireland;”.

(5)After that subsection insert—

“(8)This section does not apply to a decision of the Director of Public Prosecutions for Northern Ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued.

(9)No injunction may be granted in respect of a contravention of this section by the Director of Public Prosecutions for Northern Ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings.

(10)Where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged.”

39Reports by Director

(1)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.

(2)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.

(3)The Attorney General for Northern Ireland must arrange for each annual report of the Director to be published.

(4)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—

(a)would be against the public interest, or

(b)might jeopardise the safety of any person.

(5)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.

(6)“Financial year” means—

(a)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

(b)each subsequent period of twelve months beginning with 1st April.

Relationship of Director and Attorney General

40Superintendence and removal of Director

(1)This section applies for so long as the Attorney General for England and Wales is Attorney General for Northern Ireland.

(2)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.

(3)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.

41Transfer of functions etc.

(1)This section and sections 42 and 43 apply once the Attorney General for Northern Ireland is a person appointed under section 22(2).

(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).

(3)The function of the Attorney General for Northern Ireland of entering a nolle prosequi is transferred to the Director.

(4)The Attorney General for Northern Ireland may not present, or direct the presentation of, an indictment against a person charging him with an offence.

(5)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”.

(6)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”.

42Independence of Director

(1)The functions of the Director shall be exercised by him independently of any other person.

(2)The Director must consult the Attorney General for Northern Ireland and the Advocate General for Northern Ireland—

(a)before issuing or making alterations to a code under section 37, and

(b)before preparing his annual report.

(3)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.

(4)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.

(5)The Director must send a copy of each annual report prepared by him to—

(a)the Attorney General for Northern Ireland, and

(b)the Advocate General for Northern Ireland.

(6)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.

(7)If a part of an annual report is excluded from publication under section 39(4)—

(a)the same exclusion is to be made from the copies which are laid under subsection (6), and

(b)a statement that the part has been excluded is to be laid with those copies.

43Appointment and removal of Director by Attorney General

(1)The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director.

(2)The Director or Deputy Director—

(a)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

(b)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.

(3)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).

(4)A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland.

(5)A tribunal is to consist of—

(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, and

(b)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.

(6)The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor.

(7)The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5).

(8)The procedure of a tribunal is to be determined by its chairman.

(9)The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.

Supplementary

44Interpretation

(1)For the purposes of this Part proceedings in relation to an offence are instituted—

(a)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,

(b)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,

(c)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,

(d)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.

(2)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.

(3)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.

(4)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).

(5)For the purposes of this Part binding over proceedings shall be taken to be criminal proceedings.

(6)“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.

Part 3Other New Institutions

Chief Inspector of Criminal Justice

45Chief Inspector of Criminal Justice

(1)There is to be an office of Chief Inspector of Criminal Justice in Northern Ireland.

(2)The Secretary of State must appoint a person to be the Chief Inspector.

(3)Schedule 8 makes further provision about the Chief Inspector.

46Functions of Chief Inspector

(1)The Chief Inspector must carry out inspections of the following organisations—

(a)the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve,

(b)Forensic Science Northern Ireland,

(c)the State Pathologist’s Department,

(d)the Public Prosecution Service for Northern Ireland,

(e)the Probation Board for Northern Ireland,

(f)the Northern Ireland Prison Service,

(g)the Juvenile Justice Board,

(h)any body or person (other than the Juvenile Justice Board) with whom the Secretary of State has made arrangements for the provision of juvenile justice centres or attendance centres,

(i)Health and Social Services Boards and Health and Social Services trusts, and

(j)the Compensation Agency.

(2)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.

(3)An inspection of an organisation carried out by the Chief Inspector may cover any institution provided or managed by the organisation.

(4)An inspection carried out by the Chief Inspector of an organisation providing juvenile justice centres or attendance centres (other than the Juvenile Justice Board) may cover only activities relating to the juvenile justice centres or attendance centres.

(5)An inspection carried out by the Chief Inspector of a Health and Social Services Board or a Health and Social Services trust may cover only activities relating to the keeping of children in secure accommodation under custody care orders.

(6)The Secretary of State may by order amend subsection (1) by—

(a)adding any organisation having a role in the criminal justice system in Northern Ireland (apart from a court or tribunal),

(b)omitting an organisation, or

(c)altering the description of an organisation.

(7)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).

47Further provisions about functions

(1)The Chief Inspector must from time to time, after consultation with the Secretary of State and the Attorney General for Northern Ireland, prepare a programme specifying the inspections which he proposes to carry out under section 46.

(2)The Chief Inspector must send a copy of each programme prepared under subsection (1) to—

(a)the Secretary of State, and

(b)the Attorney General for Northern Ireland.

(3)The Secretary of State may require the Chief Inspector to carry out an inspection of an organisation specified in section 46.

(4)The Secretary of State 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).

(5)The Secretary of State 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 Attorney General for Northern Ireland.

(6)The Chief Inspector may not—

(a)carry out inspections or reviews of individual cases, or

(b)carry out an inspection relating to activities of an organisation which do not concern the criminal justice system in Northern Ireland.

(7)The Secretary of State may require the Chief Inspector to provide advice in relation to an organisation specified in section 46.

48Powers of inspectors

(1)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.

(2)Such a person may, for the purposes of the inspection or review, require—

(a)that documents be produced in a form in which they can be taken away or be made available for inspection and copying,

(b)that an explanation be given of any document produced or made available, or

(c)that other information be provided.

(3)A person commits an offence if—

(a)he fails, without reasonable excuse, to comply with a requirement imposed on him by virtue of subsection (2), or

(b)he intentionally obstructs a person involved in the carrying out of an inspection or review by the Chief Inspector.

(4)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.

(5)“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.

49Reports

(1)The Chief Inspector must report to the Secretary of State on each inspection and review carried out by him.

(2)When a report is received by the Secretary of State, he must—

(a)lay a copy of it before each House of Parliament, and

(b)arrange for it to be published.

(3)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—

(a)would be against the public interest, or

(b)might jeopardise the safety of any person.

(4)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.

(5)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 Attorney General for Northern Ireland.

Law Commission

50Law Commission

(1)There is to be a body corporate known as the Northern Ireland Law Commission.

(2)The Commission is to consist of—

(a)a chairman, and

(b)four other Commissioners,

appointed by the Secretary of State.

(3)The chairman is to be a person who holds the office of judge of the High Court.

(4)Of the other Commissioners—

(a)one is to be a person appearing to the Secretary of State to be suitably qualified to be a Commissioner by experience as a barrister,

(b)one is to be a person appearing to the Secretary of State to be suitably qualified to be a Commissioner by experience as a solicitor,

(c)one is to be a person appearing to the Secretary of State to be suitably qualified to be a Commissioner by experience as a teacher of law in a university, and

(d)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.

(5)Before appointing a person to be a Commissioner the Secretary of State must consult—

(a)the Lord Chancellor,

(b)the First Minister and deputy First Minister, and

(c)the Attorney General for Northern Ireland.

(6)In appointing persons to be Commissioners, the Secretary of State must so far as possible secure that the Commissioners (taken together) are representative of the community in Northern Ireland.

(7)Schedule 9 makes further provision about the Commission.

51Duties of Commission

(1)The Commission must keep under review the law of Northern Ireland with a view to its systematic development and reform, including in particular by—

(a)codification,

(b)the elimination of anomalies,

(c)the repeal of legislation which is no longer of practical utility, and

(d)the reduction of the number of separate legislative provisions,

and generally by simplifying and modernising it.

(2)For that purpose the Commission must—

(a)consider any proposals for the reform of the law of Northern Ireland made or referred to it,

(b)prepare and submit to the Secretary of State (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,

(c)undertake, pursuant to any such recommendations approved by the Secretary of State, 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,

(d)prepare (from time to time) at the request of the Secretary of State comprehensive programmes of consolidation and repeal of legislation, and undertake the preparation of draft legislation pursuant to any such programme approved by the Secretary of State,

(e)provide advice and information to government departments and, with the consent of the Secretary of State, to Northern Ireland departments and other authorities or bodies concerned with proposals for the reform or amendment of any branch of the law of Northern Ireland, and

(f)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.

(3)Before approving any programme prepared by the Commission, the Secretary of State must consult—

(a)the Lord Chancellor,

(b)the First Minister and deputy First Minister, and

(c)the Attorney General for Northern Ireland.

(4)In performing its duties the Commission must consult—

(a)the Law Commission,

(b)the Scottish Law Commission, and

(c)the Law Reform Commission of the Republic of Ireland.

(5)The Commission must make an annual report on how it has performed its duties.

52Reports etc.

(1)The Commission must send to the Secretary of State and the Office of the First Minister and deputy First Minister a copy of—

(a)each programme prepared by the Commission and approved by the Secretary of State,

(b)each set of proposals for reform formulated by the Commission pursuant to such a programme, and

(c)each annual report of the Commission.

(2)The Secretary of State must lay before each House of Parliament a copy of each document received by him under subsection (1).

(3)The First Minister and deputy First Minister, acting jointly, must lay before the Assembly a copy of each document received by their Office under subsection (1).

(4)After a copy of a document has been laid in accordance with subsections (2) and (3), the Commission must arrange for the document to be published.

Part 4Youth Justice

Aims

53Aims of youth justice system

(1)The principal aim of the youth justice system is to protect the public by preventing offending by children.

(2)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.

(3)But all such persons and bodies must also 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.

(4)“Youth justice system” means the system of criminal justice in so far as it relates to children.

(5)“Offending” includes re-offending.

(6)“Children” means persons who are under the age of 18.

New orders

54Reparation orders

After Article 36 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Reparation orders

36AReparation orders

(1)Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a reparation order.

(2)A reparation order is an order requiring the offender to make such reparation for the offence, otherwise than by the payment of compensation, as is specified in the order—

(a)to a person or persons so specified; or

(b)to the community at large.

(3)Any person so specified must be a person identified by the court as—

(a)a victim of the offence; or

(b)a person otherwise affected by it.

(4)Before making a reparation order, the court must obtain and consider a written report by—

(a)a probation officer;

(b)a social worker of the appropriate authority; or

(c)such other person as the Secretary of State may designate.

(5)The report must indicate—

(a)the type of requirements that it would be appropriate to impose on the offender; and

(b)the attitude of the victim or victims of the offence to the requirements proposed to be included in the order.

36BRestrictions on reparation orders

(1)The court must not make a reparation order in respect of the offender unless he consents.

(2)The court must not make a reparation order in respect of the offender if it proposes—

(a)to pass on him a custodial sentence; or

(b)to make in respect of him a community service order, a community responsibility order or a combination order.

(3)The court must not make a reparation order unless—

(a)it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36D(1); and

(b)the notice has not been withdrawn.

(4)Before making a reparation order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion.

(5)It must also explain to the offender in ordinary language—

(a)why it is making the order;

(b)the effect of the order and of the requirements proposed to be included in it;

(c)the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and

(d)that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.

36CRequirements of reparation orders

(1)A reparation order must not require the offender—

(a)to make reparation for more than 24 hours; or

(b)to make reparation to any person without the consent of that person.

(2)Requirements specified in a reparation order must, as far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(3)The reparation required by a reparation order must be made—

(a)under the supervision of the responsible officer; and

(b)within the period of six months beginning with the date on which the order is made.

(4)But, unless revoked, the order remains in force until the offender has made the reparation required by the order.

(5)The Secretary of State may make rules for regulating the making of reparation by persons subject to reparation orders.

(6)Such rules may, in particular, make provision—

(a)regulating the functions of responsible officers;

(b)limiting the number of hours of making reparation on any one day;

(c)as to the reckoning of hours spent in complying with the requirements imposed by a reparation order;

(d)as to the keeping of records of such hours; and

(e)for the payment of travelling and other expenses incurred in connection with complying with such requirements.

(7)Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

36DSupplementary provisions about reparation orders

(1)A reparation order must name the petty sessions district in which it appears to—

(a)the court making the order; or

(b)the court amending under Schedule 1A any provision included in the order,

that the offender resides or will reside.

(2)In this Order “responsible officer”, in relation to an offender subject to a reparation order, means one of the following who is specified in the order—

(a)a probation officer;

(b)a social worker of the appropriate authority; and

(c)such other person as the Secretary of State may designate.

(3)Where a reparation order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order.

(4)The court by which a reparation order is made must immediately give copies of the order to—

(a)the offender subject to the order;

(b)his parent or guardian; and

(c)the responsible officer.

(5)Except where the court is itself a magistrates' court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—

(a)a copy of the order; and

(b)such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

(6)A magistrates' court must cause a reason stated by it under Article 36B(4) or (5)(a) to be entered in the Order Book.

(7)The Secretary of State may pay any expenses of a person designated by him which are incurred under Article 36A or in performing any functions as the responsible officer of an offender subject to a reparation order.

(8)Schedule 1A (which makes provision for dealing with failures to comply with reparation orders and for their revocation and amendment) shall have effect.”

55Community responsibility orders

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—

“Community responsibility orders

36ECommunity responsibility orders

(1)Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a community responsibility order.

(2)A community responsibility order is an order requiring the offender—

(a)to attend at a place specified in the order for the number of hours so specified for relevant instruction in citizenship; and

(b)to carry out for the number of hours specified in the order such practical activities as the responsible officer considers appropriate in the light of that instruction.

(3)“Relevant instruction in citizenship”, in relation to an offender, means instruction dealing with—

(a)citizenship (including, in particular, the responsibilities a person owes to the community);

(b)the impact of crime on victims; and

(c)any factors relating to the offender which may cause him to commit offences.

(4)In this Order “responsible officer”, in relation to an offender subject to a community responsibility order, means one of the following who is specified in the order—

(a)a probation officer;

(b)a social worker of the appropriate authority; and

(c)such other person as the Secretary of State may designate.

(5)The number of hours specified under paragraph (2)(a) must be not less than one half of the aggregate number of hours specified in the order.

(6)The aggregate number of hours specified in the order must be—

(a)not less than 20; and

(b)not more than 40.

(7)Where a court makes community responsibility orders in respect of two or more offences of which the offender has been found guilty by or before the court, it may direct that the hours specified in any of those orders be—

(a)concurrent with those specified in any other of those orders; or

(b)additional to those so specified.

(8)But the total number of hours which are not concurrent must not exceed the maximum specified in paragraph (6)(b).

(9)The Secretary of State may by order amend paragraph (6)(a) or (b) (or both).

(10)An order under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order.

36FRestrictions on community responsibility orders

(1)The court must not make a community responsibility order in respect of the offender unless he consents.

(2)The court must not make a community responsibility order in respect of the offender if it proposes to deal with him for the offence in any other way.

(3)The court must not make a community responsibility order unless—

(a)it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36I(1); and

(b)the notice has not been withdrawn.

(4)Before making a community responsibility order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion.

(5)It must also explain to the offender in ordinary language—

(a)why it is making the order;

(b)the effect of the order and of the requirements proposed to be included in it;

(c)the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and

(d)that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.

36GRequirements of community responsibility orders

(1)An offender in respect of whom a community responsibility order is in force must—

(a)attend the place specified in the order at such times as he may be instructed by the responsible officer; and

(b)carry out such activities as he may be instructed by the responsible officer to carry out at such times as he may be so instructed to carry them out.

(2)Such an offender must—

(a)keep in touch with the responsible officer in accordance with such instructions as he may be given by that officer; and

(b)give notice to him of any change of address.

(3)The instructions given by the responsible officer must, as far as practicable, be such as to avoid—

(a)any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(4)The obligations imposed by a community responsibility order must be performed within the period of six months beginning with the date on which the order is made.

(5)But, unless revoked, the order remains in force until the offender has performed the obligations contained in the order.

36HRules relating to community responsibility orders

(1)The Secretary of State may make rules for regulating—

(a)the attendance by persons subject to community responsibility orders at places for the purposes of those orders; and

(b)the carrying out by such persons of practical activities for those purposes.

(2)Such rules may, in particular, make provision—

(a)regulating the functions of responsible officers;

(b)limiting the number of hours of attendance or of carrying out activities on any one day;

(c)as to the reckoning of hours spent in complying with the requirements imposed by a community responsibility order;

(d)as to the keeping of records of such hours; and

(e)for the payment of travelling and other expenses incurred in connection with complying with such requirements.

(3)Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

36ISupplementary provisions about community responsibility orders

(1)A community responsibility order must name the petty sessions district in which it appears to—

(a)the court making the order; or

(b)the court amending under Schedule 1A any provision included in the order,

that the offender resides or will reside.

(2)Where a community responsibility order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order.

(3)The court by which a community responsibility order is made must immediately give copies of the order to—

(a)the offender subject to the order;

(b)his parent or guardian; and

(c)the responsible officer.

(4)Except where the court is itself a magistrates' court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—

(a)a copy of the order; and

(b)such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

(5)A magistrates' court must cause a reason stated by it under Article 36F(4) or (5)(a) to be entered in the Order Book.

(6)The Secretary of State may pay any expenses of a person designated by him which are incurred in performing any functions as the responsible officer of an offender subject to a community responsibility order.

(7)Schedule 1A (which makes provision for dealing with failures to comply with community responsibility orders and for their revocation and amendment) shall have effect.”

56Custody care orders

After Article 44 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Custody care orders

44ACustody care orders

(1)Where a child who has not attained the age of 14 is found guilty by or before any court of an offence punishable, in the case of an adult, with imprisonment, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a custody care order.

(2)A custody care order is an order that the child shall be placed in secure accommodation by the appropriate authority and be subject to a period of being kept in secure accommodation by the appropriate authority followed by a period of supervision.

(3)A custody care order shall be for a period of six months unless the court specifies in the order a longer period not exceeding two years.

(4)A court shall not make a custody care order unless, after taking into account any matters which it is required to take into account by Article 37 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (previous convictions etc.), it has formed the opinion under Articles 19 and 20 of that Order that a custodial sentence would be justified for the offence.

(5)Where a court makes a custody care order for a period longer than six months, it shall state in open court its reasons for doing so.

(6)Subject to paragraph (7), the period for which a child is to be kept in secure accommodation under a custody care order shall be one half of the period of the order; but the appropriate authority may, with the consent of the Secretary of State, at any time discharge a child who is being so kept.

(7)The length of the period for which the child is to be kept in secure accommodation shall be treated as reduced by any period which is a relevant period within the meaning of section 26(2) and (2A) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (reduction of sentence).

(8)Where a court makes a custody care order in the case of a child who will attain the age of 14 at a time during the period for which he is to be kept in secure accommodation under the order, the court may provide that he shall be detained in a juvenile justice centre for the whole or any part of the period following that time.

(9)Any reference in any statutory provision to the length of the period of a custody care order shall, unless the context otherwise requires, be construed as a reference to the length of the period imposed by or under paragraph (3) and not the length of the period as reduced by paragraph (7).

44BPeriod in secure accommodation under custody care order

(1)This Article makes provision about the application of the Children (Northern Ireland) Order 1995 (N.I. 2) in relation to a child during any period for which he is kept in secure accommodation by the appropriate authority under a custody care order (or under any other order under this Order or as a place of safety).

(2)Of the provisions about a child looked after by an authority (within the meaning of Article 25) those specified in paragraph (3) (and no others) apply.

(3)Those provisions are—

(a)Article 26 (duty to safeguard and promote welfare);

(b)Article 27(1), (2)(b), (e) and (f), (8) and (9) and Article 28(2) (accommodation and maintenance);

(c)Article 29(1), (2) and (4) to (6) (promotion and maintenance of contact with family);

(d)Articles 30 and 31 (visits);

(e)Article 34 (death);

(f)Article 35(1) and Article 36(1) and (4) (advice, assistance and befriending);

(g)Article 45 (reviews and representations); and

(h)Articles 72 and 73 (provision of homes).

(4)In their application by virtue of paragraph (2)—

(a)Article 29(4) has effect with the omission of sub-paragraph (a); and

(b)Article 34(1)(a) has effect as if the reference to the Department were to the Department and the Secretary of State.

(5)The following provisions—

(a)Article 5(7) (person having parental responsibility not to act inconsistently with order);

(b)Article 52(3) to (6), (7)(a) and (9) (effect of care order); and

(c)Article 53(1) to (9) (parental contact),

apply as if the custody care order (or the other order or the placing of the child in a place of safety) were a care order and the appropriate authority were the authority designated by it and in whose care the child is.

(6)Articles 8 to 14 (residence, contact etc. orders) and Articles 17 to 24 (children in need) do not apply.

(7)No care order or supervision order under Part 5 may be made or, if such an order has already been made, it does not have effect.

44CEscape from secure accommodation

(1)If a child who has been ordered to be kept in secure accommodation under a custody care order—

(a)escapes from secure accommodation in which he is being kept or from any hospital or institution in which he is receiving medical treatment;

(b)being absent from secure accommodation on temporary leave of absence or under supervision, runs away from the person in whose charge he is or fails to return to the secure accommodation at the end of his leave; or

(c)being absent from secure accommodation under supervision, fails to return to the secure accommodation on being recalled,

he may be arrested without warrant by a constable or any person authorised by the appropriate authority and taken to any secure accommodation, or (if he has attained the age of 14) to any juvenile justice centre, or returned to any hospital or institution from which he escaped or to any person in whose charge he was.

(2)A child arrested under paragraph (1) may at any time be brought with the authority of the Secretary of State before a court of summary jurisdiction having jurisdiction where the child is found or where the secure accommodation, hospital or institution is situated.

(3)Where a child is brought before a court under paragraph (2), the court—

(a)may order the period for which he is to be detained under the custody care order to be increased by a further period not exceeding 30 days; but

(b)if it does not do that, shall revoke the custody care order and deal with the child in any manner in which the court could deal with him if he had just been found guilty of the offence by the court.

(4)In dealing with a child under paragraph (3)(b) the court shall take into account the period for which the custody care order would, but for its revocation, have continued in effect.

(5)If any person—

(a)knowingly assists a child who escapes, runs away or fails to return as mentioned in paragraph (1) or knowingly induces any child to so escape, run away or fail to return;

(b)without lawful authority takes a child away from any accommodation, hospital, institution or person as is mentioned in that paragraph; or

(c)knowingly harbours or conceals a child who escapes, runs away or fails to return as mentioned in paragraph (1), or prevents him from returning,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.

44DTaking of children to secure accommodation

(1)The court which makes a custody care order shall cause it to be delivered to the constable or other person responsible for taking the child to the secure accommodation in which he is to be placed, and the person who takes him there shall deliver the order to the appropriate authority.

(2)The court by which a custody care order is made shall cause a record, containing such information in the possession of the court with respect to the child as is in the opinion of the court likely to be of assistance to the appropriate authority, to be sent to that authority.

(3)Where a child is taken to a juvenile justice centre by virtue of Article 44A(8), the appropriate authority shall send a copy of the record sent to it under paragraph (2) to the managers or person for the time being in charge of the juvenile justice centre.

(4)Where a child has been ordered to be placed in secure accommodation, any person who harbours or conceals him after the time has come for him to go there shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.

(5)Where a constable or other person authorised to take a child to secure accommodation is, when the time has come for him to go there, unable to find him or unable to obtain possession of him, a lay magistrate, if satisfied by complaint on oath that there is a reasonable ground for believing that some person named in the complaint can produce the child, may issue a summons requiring the person so named to attend at a court of summary jurisdiction on such day as may be specified in the summons and produce the child.

(6)If the person required by the summons to produce the child fails without reasonable excuse to do so, he shall, in addition to any other liability to which he may be subject under the provisions of this Order, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

44ESupervision under custody care order

(1)During the period of supervision under a custody care order, the child shall be under the supervision of a probation officer or such other person as the Secretary of State may designate.

(2)Before the commencement of the period of supervision—

(a)the appropriate authority shall give him a notice specifying—

(i)the period of supervision; and

(ii)the person under whose supervision he will be; and

(b)the person under whose supervision he will be shall give him a notice specifying any requirements with which he must comply.

(3)During the period of supervision the person under whose supervision the offender is or another person designated by the Secretary of State may give the child a notice specifying any alteration to the matters mentioned in paragraph (2)(a)(ii) or (b).

(4)The Secretary of State may make rules regulating the supervision of a child subject to a custody care order.

(5)Rules under paragraph (4) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

(6)The Secretary of State may pay the expenses incurred by any person designated under paragraph (1) arising from the supervision of a child under this Article.

44FBreach of supervision requirements

(1)Where a custody care order has been made in respect of a child and it appears, on a complaint made to a lay magistrate, that the child has failed to comply with any requirements under Article 44E(2) or (3), the lay magistrate may—

(a)issue a summons directed to the child requiring him to appear before a youth court specified in the summons; or

(b)if the complaint is in writing and on oath, issue a warrant for the child’s arrest requiring him to be brought before a youth court specified in the warrant.

(2)If it is proved to the satisfaction of the court before which the child appears or is brought under this Article that he has failed without reasonable excuse to comply with requirements under Article 44E(2) or (3), the court may—

(a)if he has not attained the age of 14, deal with him as specified in paragraph (3); and

(b)if he has attained that age, deal with him as specified in paragraph (4).

(3)If the child has not attained the age of 14, the court may either—

(a)impose on him a fine not exceeding £200; or

(b)order him to be placed in secure accommodation by the appropriate authority and kept there by the appropriate authority for a period not exceeding 30 days;

but the appropriate authority may, with the consent of the Secretary of State, at any time discharge a child who is being so kept.

(4)If the child has attained the age of 14, the court may either—

(a)impose on him a fine not exceeding £1,000; or

(b)order him to be detained in a juvenile justice centre for a period not exceeding 30 days.

(5)Where the court imposes a fine on the child under paragraph (3)(a) or (4)(a), it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing.

(6)A fine ordered under paragraph (5) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the custody care order was made.

(7)A parent or guardian may appeal to a county court against an order under paragraph (5).

(8)Any period of supervision shall not be reduced by any period during which the child is detained under this Article.

44GEffect of subsequent conviction where custody care order is in effect

(1)Where a child in respect of whom a custody care order is (or but for Article 44A(8) would be) in effect is convicted by or before a court of an offence and the court imposes a custodial sentence on the child for the offence, the court shall—

(a)revoke the order; and

(b)in dealing with the child for the offence take into account the period for which, but for the revocation, the order would have continued in effect.

(2)Where in such a case the court decides to make a custody care order, Article 44A shall have effect as if—

(a)in paragraph (3) for the words from “a period of six months” to “two years” there were substituted “such period not exceeding two years as the court specifies in the order”; and

(b)in paragraph (6) for the words “one half of the period of the order” there were substituted “such part of the period of the order as the court specifies in the order”.

(3)Where in such a case the court decides to make a juvenile justice centre order, Article 39 shall have effect as if—

(a)in paragraph (2) for the words from “a period of six months” to “two years” there were substituted “such period not exceeding two years as the court specifies in the order”; and

(b)in paragraph (5) for the words “one half of the period of the order” there were substituted “such part of the period of the order as the court specifies in the order”.”

Youth conferences

57Youth conferences and youth conference plans

After Article 3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“3AYouth conferences

(1)In this Order “youth conference”, in relation to a child and an offence, means a meeting, or series of meetings, for considering how the child ought to be dealt with for the offence.

(2)A meeting does not constitute, or form part of, a youth conference unless the following persons participate in it—

(a)a youth conference co-ordinator (as chairman);

(b)the child;

(c)a police officer; and

(d)an appropriate adult.

(3)The Secretary of State must designate persons employed in—

(a)the civil service of the United Kingdom; or

(b)the civil service of Northern Ireland,

to be youth conference co-ordinators.

(4)Except where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), “appropriate adult” means a parent or guardian of the child or, if no parent or guardian of the child is able and willing to participate in the meeting—

(a)a social worker of the appropriate authority or a legal representative of the child; or

(b)if no-one within sub-paragraph (a) is able and willing to participate in the meeting, any responsible person who has attained the age of 18 and is neither a police officer nor a member of the police support staff.

(5)Where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995), “appropriate adult” means a social worker of the authority.

(6)The following persons are entitled to participate in any meeting constituting, or forming part of, a youth conference—

(a)the victim of the offence or, if the victim is not an individual, an individual representing the victim;

(b)a legal representative of the child acting as his adviser; and

(c)if a community order or youth conference order is in force in respect of the child or the child is subject to supervision under a juvenile justice centre order or custody care order, the supervising officer.

(7)The supervising officer is—

(a)in the case of a probation order, the probation officer responsible for the child’s supervision under the order;

(b)in the case of a community service order, the person who is the relevant officer for the purposes of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) ;

(c)in the case of a combination order, either of the persons mentioned in sub-paragraphs (a) and (b);

(d)in the case of an attendance centre order, the officer in charge of the attendance centre specified in the order;

(e)in the case of a community responsibility order, reparation order or youth conference order, the responsible officer; or

(f)in the case of a juvenile justice centre order or custody care order, the probation officer or person designated by the Secretary of State who is supervising the child.

(8)A youth conference co-ordinator may allow other persons—

(a)to participate in any meeting constituting, or forming part of, a youth conference; or

(b)to attend any such meeting for any purpose specified by him,

if he considers that their participation, or attendance for that purpose, would be of value.

(9)Where a youth conference is convened with respect to a child and an offence, neither—

(a)the fact that it has been convened; nor

(b)anything said or done (or omitted to be said or done) in or in connection with any meeting constituting, or forming part of, the youth conference,

is admissible in any criminal proceedings as evidence that the child committed the offence.

3BYouth conference rules

(1)The Secretary of State may make rules about the procedure of youth conferences.

(2)The rules may, in particular, make provision—

(a)conferring or imposing functions on youth conference co-ordinators (which may include power to exclude from a meeting constituting, or forming part of, a youth conference persons otherwise entitled to participate in it by virtue of Article 3A(6)); and

(b)about the period within which youth conferences must be completed and functions of youth conference co-ordinators must be performed.

(3)Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

3CYouth conference plans

(1)In this Order “youth conference plan”, in relation to a child and an offence, is a proposal made by a youth conference co-ordinator (after a youth conference convened with respect to the child and the offence has been completed) that the child be required to do one or more of the following—

(a)apologise to the victim of the offence or any person otherwise affected by it;

(b)make reparation for the offence to the victim or any such person or to the community at large;

(c)make a payment to the victim of the offence not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the child in committing the offence;

(d)submit himself to the supervision of an adult;

(e)perform unpaid work or service in or for the community;

(f)participate in activities (such as activities designed to address offending behaviour, offering education or training or assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs);

(g)submit himself to restrictions on his conduct or whereabouts (including remaining at a particular place for particular periods); and

(h)submit himself to treatment for a mental condition or for a dependency on alcohol or drugs.

(2)A youth conference plan may specify a requirement under paragraph (1)(e) only if the child has attained the age of 16.

(3)A youth conference plan may specify requirements applying only in specified circumstances.

(4)A youth conference plan must specify the period during which the child must comply with the requirements specified in it.

(5)That period must not be more than one year.

(6)A youth conference plan must specify the date on which (subject to Article 10D(2) or 36J(2)) the child must begin to comply with the requirements specified in it.

(7)The fact that a child has been subject to a youth conference plan in respect of an offence may be cited in criminal proceedings in the same circumstances as a finding that the child committed the offence may be so cited.

(8)The Secretary of State may make procedural rules about youth conference plans which may (in particular) include provision about the period within which functions of persons required to monitor compliance with youth conference plans must be performed.

(9)Rules under paragraph (8) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.”

58Diversionary youth conferences

After Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Part 3ADiversionary Youth Conferences

10ADiversionary youth conferences

(1)The Director may, where he considers it appropriate to do so, refer a case to a youth conference co-ordinator for him to convene a diversionary youth conference with respect to a child and an offence if—

(a)the Director has the conduct of proceedings instituted against the child in respect of the offence (whether by him or any other person); or

(b)he would (but for this Article) institute proceedings against the child in respect of the offence.

(2)A diversionary youth conference is a youth conference convened with a view to the making to the Director by a youth conference co-ordinator of one of the following recommendations—

(a)that no further action be taken against the child in respect of the offence;

(b)that proceedings against the child in respect of the offence be continued or instituted;

(c)that the child be subject to a youth conference plan in respect of the offence.

(3)The Director must not make a reference under this Article unless the child—

(a)admits to the Director that he has committed the offence; and

(b)agrees with the Director that he will participate in a diversionary youth conference with respect to the offence.

(4)The Director must not make a reference under this Article unless—

(a)he has been given notice by the Secretary of State that provision for youth conferences has been made for the area in which it appears to him that the child resides or will reside; and

(b)the notice has not been withdrawn.

(5)If the Director makes a reference under this Article, proceedings against the child in respect of the offence may not be continued or instituted—

(a)until he has received a report under Article 10C following the completion of the diversionary youth conference; or

(b)if the diversionary youth conference is terminated before completion or does not take place, until he has received a report under Article 10B(1)(b).

(6)If a recommendation under paragraph (2) is made to the Director, he must consider whether to accept or reject it.

(7)If the Director accepts a recommendation made under paragraph (2)(c), proceedings against the child in respect of the offence may not be continued or instituted unless the child has failed to comply with the requirements specified in the youth conference plan to a significant extent.

(8)In determining whether the child has failed to comply with the requirements specified in the youth conference plan to a significant extent the Director or a court must have regard to any report made by a youth conference co-ordinator under Article 10D with respect to the child and the youth conference plan.

(9)References in this Article to proceedings being continued against a child do not include adjournment of the proceedings or remanding the child on bail (or in custody).

(10)At any time after the Director makes a reference under this Article, he may require that, unless a court remands the child on bail (or in custody), it must adjourn any proceedings against the child in respect of the offence until such time (if any) as he continues the proceedings in accordance with this Article.

(11)At any time after the Director makes a reference under this Article but before such time (if any) as he continues proceedings against the child for the offence, a court may in the absence of the child—

(a)adjourn or further adjourn the proceedings; and

(b)where the child has been remanded on bail, order the child to be remanded on bail for such further period as may be deemed reasonable (in which case any recognisance requiring or conditioned for the appearance of the child before the court shall be deemed to be varied so as to require his appearance at the time and place to which he is so remanded).

10BReferences: supplementary

(1)If a child withdraws an admission or agreement made under Article 10A(3) before the diversionary youth conference is completed—

(a)the diversionary youth conference is terminated (or, if not yet started, does not take place); and

(b)a youth conference co-ordinator must make to the Director a written report stating that the child has withdrawn such an admission or agreement (and nothing else).

(2)The fact that a child has made or withdrawn such an admission or agreement is not admissible in any criminal proceedings as evidence that he committed the offence.

(3)If proceedings against a child in respect of an offence are continued or instituted by virtue of Article 10A(7), a court dealing with the child for the offence must have regard to anything done by the child in compliance with the requirements specified in the youth conference plan.

(4)Where there is a limit on the time for instituting proceedings in respect of an offence with respect to which a reference is made under Article 10A, in calculating when that limit is reached there shall be disregarded the period—

(a)beginning with the making of the reference; and

(b)ending with the receipt by the Director of a report under paragraph (1)(b) or Article 10C or 10D in consequence of the reference or, if more than one such report is so received, with the receipt of the last of them.

(5)For the purposes of Article 10A and this Article proceedings are instituted in respect of an offence—

(a)where a summons is issued under Article 20 of the Magistrates' Courts (Northern Ireland) Order 1981 (N.I. 26), when the complaint for the offence is made under that Article;

(b)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;

(c)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; and

(d)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.

(6)Where the application of paragraph (5) 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.

10CRecommendations: supplementary

(1)A youth conference co-ordinator may not make a recommendation under Article 10A(2)(c) unless—

(a)the child agrees to be subject to the youth conference plan;

(b)any person (other than the child) by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(c)any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(2)If a youth conference co-ordinator makes a recommendation under Article 10A(2)(b), he may also recommend anything which he could recommend to a court under paragraph (5) of Article 33A if the case had been referred by the court for him to convene a youth conference under that Article (after a finding that the child was guilty of the offence).

(3)A recommendation made to the Director by a youth conference co-ordinator under Article 10A(2) must be made in the form of a written report.

(4)If the recommendation is made under Article 10A(2)(c), the report must include details of the youth conference plan.

(5)If, after the completion of a diversionary youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 10A(2), he must make a written report of that fact to the Director.

10DPlans: compliance and variation

(1)This Article applies when the Director has accepted a recommendation made under Article 10A(2)(c).

(2)The date on which the child must begin to comply with the requirements specified in the youth conference plan is the date specified in the youth conference plan under Article 3C(6) or such other date as the Director may, with the consent of the youth conference co-ordinator, determine.

(3)A youth conference co-ordinator, or other person, nominated by the Secretary of State must monitor compliance by the child with the requirements specified in the youth conference plan.

(4)If, during the period specified in the youth conference plan, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan considers that the child has not been complying with them, he must make a written report to the Director.

(5)The report must contain details of the respects in which he considers that the child has not been complying with the requirements.

(6)When the period specified in the youth conference plan ends, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan must make a written report to the Director.

(7)The report must contain—

(a)an assessment of the extent (if any) to which he considers that the child has complied with the requirements specified in the youth conference plan; and

(b)such further information as he thinks may assist in the exercise of the functions of the Director with respect to the child and the offence concerned.

(8)The person required to monitor the child’s compliance with the requirements specified in the youth conference plan may, with the consent of the Director, vary the youth conference plan.

(9)But the youth conference plan may not be varied unless—

(a)the child agrees to the variation;

(b)if the variation relates to any action falling to be taken by any person (other than the child), that person agrees to the variation; and

(c)if the variation relates to any action required to be taken by the child in relation to another person, that person agrees to the variation.

(10)The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions under this Article.”

59Court-ordered youth conferences

After Article 33 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert—

“Youth conferences

33ACourt-ordered youth conferences

(1)Subject to Articles 33B and 33C, a court must refer the case of a child who has been found guilty of an offence by or before the court to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence, unless the offence falls within paragraph (2).

(2)The offences falling within this paragraph are—

(a)offences the sentence for which is, in the case of an adult, fixed by law as imprisonment for life;

(b)offences which are, in the case of an adult, triable only on indictment; and

(c)offences which are scheduled offences for the purposes of Part 7 of the Terrorism Act 2000 (c. 11).

(3)If a child has been found guilty by or before a court of an offence which—

(a)falls within sub-paragraph (b) or (c) of paragraph (2); but

(b)does not fall within sub-paragraph (a) of that paragraph,

the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence.

(4)Where a child—

(a)is in breach of a community order or youth conference order and falls to be dealt with by a court for the offence in respect of which the order was made as if he had just been found guilty of the offence; or

(b)appeals to a court against any sentence or order imposed on him in respect of an offence,

the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence.

(5)A court-ordered youth conference is a youth conference convened with a view to the making to the court by a youth conference co-ordinator of one of the following recommendations—

(a)that the court exercise its powers (apart from Article 36J) to deal with the child for the offence;

(b)that the child be subject to a youth conference plan in respect of the offence; or

(c)that the court exercise its powers to deal with the child for the offence by imposing a custodial sentence and that the child be subject to a youth conference plan in respect of the offence.

(6)A court must not make a reference under this Article unless the child agrees that he will participate in a court-ordered youth conference with respect to the offence.

(7)And if the child withdraws his agreement before the court-ordered youth conference is completed, the court-ordered youth conference is terminated (or, if not yet started, does not take place).

(8)If a court makes a reference under this Article, the court may not deal with the child for the offence until the court has received a report under Article 33E(3) or (7) following the completion of the court-ordered youth conference (or the court-ordered youth conference is terminated before completion or does not take place).

(9)If a recommendation is made to a court under paragraph (5), the court must consider it before dealing with the child for the offence.

(10)The Secretary of State may by order amend paragraphs (1) to (3); and an order under this paragraph may include any incidental, consequential, transitional or supplementary provision (including the amendment, or repeal or revocation, of any statutory provision whenever passed or made, including any provision of this Order) which appears to the Secretary of State to be appropriate.

(11)An order under paragraph (10) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order.

33BAssociated offences

(1)This Article applies where a child has been found guilty by or before a court of associated offences.

(2)If one or more of the offences is an offence which falls within sub-paragraph (a) of paragraph (2) of Article 33A, the court must not make a reference under that Article with respect to any of the offences.

(3)Subject to that, if—

(a)one or more of the offences is an offence which falls within sub-paragraph (b) or (c) of that paragraph; but

(b)the remaining offence, or (where more than one) each of the remaining offences, is not an offence which falls within either of those sub-paragraphs,

the court is not required to make a reference under Article 33A with respect to any of the offences but may make such a reference with respect to any or all of them.

33CReferences: supplementary

(1)A court must not make a reference under Article 33A unless—

(a)the Secretary of State has given the clerk of the court notice that provision for youth conferences has been made for the area in which it appears to the court that the child resides or will reside, and

(b)the notice has not been withdrawn.

(2)Paragraph (1) of Article 33A does not require the court by or before which a child is found guilty of an offence to make a reference under that Article if—

(a)a diversionary youth conference has been completed with respect to the child and the offence; and

(b)the youth conference co-ordinator made a recommendation under Article 10A(2)(c) or 10C(2);

but in such circumstances the court may make such a reference if it considers it appropriate to do so.

(3)Where a court does not make a reference under Article 33A in reliance on paragraph (2), the recommendation made under Article 10A(2)(c) or 10C(2) is to be regarded as having been made to the court under Article 33A(5).

(4)If a court does not refer a case to a youth conference co-ordinator where it has power to do so—

(a)it must give its reasons in open court; and

(b)if it is a magistrates' court, it must cause the reason to be entered in the Order Book.

(5)A court must not make a reference under Article 33A with respect to a child and an offence if it proposes to deal with the child for the offence by making an order discharging him absolutely or conditionally.

(6)But if a child falls to be dealt with by a court for an offence under Article 5(6), (7) or (8) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (offences committed during period of conditional discharge), Article 33A applies as if he had been found guilty of the offence by or before the court.

(7)Where a court defers passing sentence on a child for an offence under Article 3 of the Criminal Justice (Northern Ireland) Order 1996, any duty imposed on the court by Article 33A(1) must be complied with before the passing of sentence.

(8)Where the case of a child found guilty of an offence is remitted to a youth court under Article 32(1), the youth court (and not the court remitting the case) is to be treated for the purposes of the provisions about court-ordered youth conferences as the court by or before which the child is found guilty of the offence.

33DTermination of youth conference

(1)This Article applies where a court has referred a case to a youth conference co-ordinator for him to convene a court-ordered youth conference.

(2)The court may, on the application of a youth conference co-ordinator, order that the youth conference be terminated (or, if not yet started, is not to take place).

(3)The court may so order only if satisfied that the court-ordered youth conference would serve no useful purpose.

(4)Before making an application under paragraph (2), the youth conference co-ordinator must consult the other persons specified in Article 3A(2).

33ERecommendations: supplementary

(1)A youth conference co-ordinator may not make a recommendation under Article 33A(5)(b) unless—

(a)any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(b)any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(2)A youth conference co-ordinator may not make a recommendation under Article 33A(5)(c) unless—

(a)any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and

(b)any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child.

(3)A recommendation to the court by a youth conference co-ordinator under Article 33A(5) must be made in the form of a written report.

(4)If the recommendation is made under Article 33A(5)(a), the report—

(a)where recommending that the court should exercise its powers by imposing a custodial sentence, must not specify what sort of custodial sentence the court should impose or for what period; and

(b)where recommending that the court should exercise its powers otherwise than by imposing a custodial sentence, may include details of how it is recommended that the court should exercise its powers.

(5)If the recommendation is made under Article 33A(5)(b), the report must include details of the youth conference plan.

(6)If the recommendation is made under Article 33A(5)(c), the report—

(a)must not specify what sort of custodial sentence the court should impose or for what period; but

(b)must include details of the youth conference plan.

(7)If, after the completion of a court-ordered youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 33A(5), he must make a written report of that fact to the court giving the reasons why he is unable to do so.

(8)A report under this Article must be accompanied by copies of any reports obtained for the purposes of the court-ordered youth conference.”

60Youth conference orders

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—

“Youth conference orders

36JYouth conference orders

(1)Where a recommendation is made to a court under Article 33A(5)(b) or (c), the court may make a youth conference order in relation to the offender to whom the recommendation relates.

(2)A youth conference order is an order requiring the offender—

(a)to comply with the requirements specified in the youth conference plan; or

(b)to comply with those requirements as varied by the order;

and the order must specify as the date when the offender must begin so to comply either the date specified in the youth conference plan under Article 3C(6) or such other date as the court may, with the consent of the youth conference co-ordinator, determine.

(3)A court must not make a youth conference order unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant it.

(4)In forming any such opinion the court must take into account all information about the circumstances of the offence, or of the offence and the offence or offences associated with it, (including any aggravating or mitigating factors) which is available to it.

(5)The court must not make a youth conference order unless the offender consents.

(6)The court must not make a youth conference order under paragraph (2)(b) unless it has consulted the youth conference co-ordinator.

(7)If the court does not make a youth conference order under paragraph (2)(a) in a case where it has power to do so, it must give its reasons in open court.

(8)Where the court makes a youth conference order, it may not exercise any other power it has to deal with the offender for the offence.

(9)But if the recommendation to the court was made under Article 33A(5)(c) the court may, if the offender consents, also impose any custodial sentence which the court has power to impose for the offence.

36KSupplementary provisions about youth conference orders

(1)Before making a youth conference order, the court must state in open court that it is of the opinion that Article 36J(3) applies and why it is of that opinion.

(2)Before making a youth conference order, the court must explain to the offender in ordinary language—

(a)why it is making the order;

(b)the effect of the order and of the requirements proposed to be included in it;

(c)the consequences which may follow under Schedule 1A if he fails to comply with those requirements; and

(d)that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer.

(3)In this Order “responsible officer”, in relation to an offender subject to a youth conference order, means the youth conference co-ordinator, or other person designated by the Secretary of State, who is specified in the order.

(4)If the court is a magistrates' court, it must cause any reasons given under Article 36J(7) or paragraph (1) or (2)(a) to be entered in the Order Book.

(5)A youth conference order must name the petty sessions district in which it appears to—

(a)the court making the order; or

(b)the court amending under Schedule 1A any provision included in the order,

that the offender resides or will reside.

(6)The court by which a youth conference order is made must immediately give copies of the order to—

(a)the offender subject to the order;

(b)his parent or guardian; and

(c)the responsible officer.

(7)Except where the court is itself a magistrates' court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified—

(a)a copy of the order; and

(b)such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

(8)Schedule 1A (which makes provision for dealing with failures to comply with youth conference orders and for their revocation and amendment) shall have effect.

36LMonitoring compliance with youth conference orders

(1)The responsible officer must monitor compliance by the offender with the youth conference order.

(2)The Secretary of State may make rules regulating the monitoring by the responsible officer of an offender subject to a youth conference order.

(3)Rules under paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

(4)The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions as the responsible officer.”

61Legal aid for youth conferences

(1)The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) has effect subject to the following amendments.

(2)After Article 28 insert—

“28AFree legal aid for diversionary youth conferences

(1)Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates' court.

(2)An application under paragraph (1) shall be made—

(a)by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates' court; or

(b)if an application under sub-paragraph (a) is refused, in person to a magistrates' court.

(3)If, on an application made under paragraph (1), it appears to the court that—

(a)the means of the child are insufficient to enable him to obtain legal aid; and

(b)it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference,

the court may grant in respect of him a criminal aid certificate.

(4)A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have—

(a)a solicitor; and

(b)subject to paragraph (5), counsel,

assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36.

(5)Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where—

(a)the offence with respect to which the diversionary youth conference is convened is an indictable offence; and

(b)the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.”

(3)After Article 35 insert—

“35ACourt-ordered youth conferences

(1)In this Part references to—

(a)the preparation and conduct of a person’s defence before a court or at a trial;

(b)the preparation and conduct of an appeal; and

(c)resisting an appeal,

include preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).

(2)In Article 29, as it applies by virtue of paragraph (5) of that Article, references to free legal aid to which a person appearing or brought before the Crown Court to be dealt with is entitled include free legal aid in the preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).”

Other provisions

62Orders: enforcement etc.

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.

63Extension of youth justice system to 17 year olds

(1)Schedule 11 makes amendments of enactments and instruments for extending the youth justice system to 17 year olds.

(2)The Secretary of State 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.

64Juvenile justice centre orders for 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—

“(3A)A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if—

(a)he will not become an adult during the period of the order;

(b)he has not had a custodial sentence imposed on him within the last two years; and

(c)the court, after considering a report made by a probation officer, considers that it is in his best interests to make such an order.”

65Consultation about detention

In Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment of children convicted of certain grave crimes), after paragraph (2) insert—

“(2A)Before giving a direction under paragraph (1) or (2) in relation to a child who has not attained the age of 14, the Secretary of State must consult the appropriate authority.”

Part 5Miscellaneous

Royal Arms and flags

66Display of Royal Arms at courts

(1)The Royal Arms must not be displayed in any courtroom.

(2)But subsection (1) does not prevent the display of the Royal Arms anywhere in—

(a)the courtrooms in the Royal Courts of Justice in Belfast,

(b)the courtrooms in the Courthouse in Armagh,

(c)the courtroom in the Courthouse in Banbridge,

(d)Court No. 1 in the Courthouse in Downpatrick,

(e)the courtrooms in the Courthouse in Magherafelt, or

(f)the courtrooms in the Courthouse in Omagh,

where they were displayed immediately before the coming into force of this section.

(3)The Royal Arms must not be displayed—

(a)on the exterior of an existing court-house, or

(b)in any other place outside an existing court-house which is used for the purposes of the court-house,

unless they were displayed there immediately before the coming into force of this section.

(4)“Existing court-house” means a court-house which is in use before the coming into force of this section.

(5)Any authorisation which would be required for the purpose of complying with this section is to be regarded as having been obtained.

(6)“Authorisation” includes any approval, consent, licence or permission (whether required by any enactment or instrument or otherwise).

67Flying of flags at court-houses

(1)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”.

(2)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).

Victims of crime

68Information about discharge and temporary release of prisoners

(1)The Secretary of State must make a victim information scheme and may from time to time make a new scheme or alterations to a scheme.

(2)A victim information scheme is a scheme requiring the Secretary of State 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.

(3)A scheme—

(a)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

(b)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.

(4)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 Secretary of State considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released.

(5)A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Secretary of State 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).

(6)A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Secretary of State 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).

(7)A scheme must specify how victims are to indicate that they wish to receive information under the scheme.

(8)The Secretary of State is not required to make information available under a scheme—

(a)if he 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),

(b)if he believes that to do so would threaten the safety of any person, or

(c)in other circumstances specified by the scheme.

(9)A scheme may make different provision in relation to—

(a)different descriptions of imprisoned offenders, or

(b)imprisoned offenders convicted or sentenced at different times.

(10)“Discharge” includes release—

(a)on licence, or

(b)in pursuance of a grant of remission,

(whether or not subject to conditions); and “discharged” is to be construed accordingly.

69Views on temporary release

(1)If a person who is the victim of an offence for the purposes of a scheme under section 68 makes to the Secretary of State representations falling within subsection (2) the Secretary of State has the obligations specified in subsection (3).

(2)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—

(a)the actual victim of the offence, or

(b)a person who is regarded for the purposes of the scheme as a victim of the offence by virtue of section 68(5).

(3)The Secretary of State must—

(a)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

(b)inform the victim of any such decision.

70Supplementary

(1)In sections 68 and 69 references to a person serving a sentence of imprisonment include a person aged 18 or over who is—

(a)detained pursuant to directions of the Secretary of State under Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)), or

(b)detained in a young offenders centre as the result of an order of the Crown Court.

(2)In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland—

(a)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

(b)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.

(3)“Restricted transfer” has the same meaning as in Part 2 of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43).

Community safety

71Community safety strategy

(1)The Secretary of State must devise a strategy for enhancing community safety in Northern Ireland.

(2)References in this section and section 72 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.

(3)The Secretary of State may from time to time devise a new strategy or make alterations to a strategy.

(4)Before devising or making alterations to a strategy the Secretary of State must consult—

(a)the First Minister and deputy First Minister,

(b)the Chief Constable of the Police Service of Northern Ireland, and

(c)the Northern Ireland Policing Board.

(5)The Secretary of State must publish each strategy devised by him and any alterations which he makes to a strategy (or the strategy as altered).

72Local community safety partnerships

(1)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.

(2)Bodies established by virtue of subsection (1) are to be known as local community safety partnerships; but the Secretary of State may by order—

(a)provide that they are to be known by another name, and

(b)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).

(3)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.

(4)Each local community safety partnership must—

(a)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,

(b)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,

(c)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,

(d)provide any such financial or other support as it considers appropriate to persons involved in ventures designed to enhance community safety in its area,

(e)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

(f)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.

(5)“Financial year” means—

(a)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

(b)each subsequent period of 12 months beginning with 1st April.

(6)The Secretary of State must publish or require a local community safety partnership to publish—

(a)any plan prepared in pursuance of paragraph (b) of subsection (4), or

(b)any report made under paragraph (e) or (f) of that subsection.

(7)The Secretary of State may by order—

(a)amend subsections (4) to (6), or

(b)confer or impose on local community safety partnerships other functions relating to the enhancement of community safety in their areas.

(8)The Secretary of State—

(a)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

(b)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.

(9)The Secretary of State may make grants to local community safety partnerships.

(10)The Secretary of State must consult the First Minister and deputy First Minister before making an order under this section.

Civil procedure

73Constitution of Rules Committees

(1)In section 54(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (membership of Supreme Court Rules Committee), for paragraphs (b) to (f) substitute—

“(b)three judges of the Supreme Court nominated by the Lord Chief Justice;

(c)one Master of the Supreme Court nominated by the Society of Masters;

(d)two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the Lord Chancellor;

(e)two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the Lord Chancellor; and

(f)two persons nominated by the Lord Chancellor who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.”

(2)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 substitute “consist of—

(a)a county court judge nominated by the Lord Chancellor who shall be chairman;

(b)two county court judges nominated by Her Majesty’s Council of County Court Judges;

(c)one district judge nominated by the Association of District Judges;

(d)two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the Lord Chancellor;

(e)two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the Lord Chancellor;

(f)one member of the Northern Ireland Court Service nominated by the Lord Chancellor; and

(g)two persons nominated by the Lord Chancellor who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.”

74Appeals in small claims cases

(1)Article 30 of the County Courts (Northern Ireland) Order 1980 (jurisdiction exercisable by district judges) is amended as follows.

(2)In paragraph (4) (cases dealt with by arbitration)—

(a)after sub-paragraph (a) insert—

“(ab)any party may appeal on a question of law to a judge (not being a deputy judge) against any order, decision or determination;,”

(b)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

(c)in sub-paragraph (c), for “sub-paragraph (b)” substitute “sub-paragraphs (ab) and (b)”.

(3)After paragraph (4) insert—

“(4A)An appeal under paragraph (4)(ab) shall be brought within the period of twenty-one days commencing with the date on which the order, decision or determination was made; and on such an appeal the judge—

(a)has the same powers as the district judge; but

(b)is not required to hold a hearing;

and his decision shall be final.”

75Time limit for cases stated by county court

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”.

Legal aid

76Exceptional legal aid

After Article 10 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) insert—

“10AExceptional legal aid

(1)The Lord Chancellor may by direction require that legal aid is to be available in connection with excluded proceedings—

(a)in circumstances specified in the direction; or

(b)if the Legal Aid Committee requests him to do so, in an individual case so specified.

(2)For the purposes of paragraph (1) “excluded proceedings” means proceedings before a court or tribunal which are not—

(a)proceedings of a description mentioned in Part 1 of Schedule 1;

(b)proceedings for the purposes of which free legal aid may be given under Part 3; or

(c)proceedings in relation to which assistance by way of representation may be approved under Article 5.

(3)Legal aid under a direction under paragraph (1) shall consist of such representation, on the terms provided for by the direction, by a solicitor or by counsel (or by both) as is specified in the direction.

(4)In paragraph (3) “representation” includes all such assistance as is usually given by a solicitor or counsel in—

(a)the steps preliminary or incidental to proceedings; or

(b)arriving at or giving effect to a compromise to avoid or bring an end to proceedings.

(5)A direction under paragraph (1) may make provision about financial matters relating to legal aid under the direction (including, in particular, provision about eligibility, contributions, charges, remuneration and costs).

(6)Articles 10(3) to (5A), 11, 12, 13, 16 and 17 and Schedule 2 do not apply to legal aid under a direction under paragraph (1), unless they are applied (with or without modifications) by the provisions of the direction.

(7)A direction under paragraph (1) may be varied or revoked.

(8)The Lord Chancellor must either—

(a)publish; or

(b)require the Legal Aid Committee to publish,

directions under paragraph (1)(a) and directions varying or revoking such directions.

(9)The Lord Chancellor or the Legal Aid Committee may publish a direction under paragraph (1)(b), or a direction varying or revoking such a direction, if he or it considers it appropriate to do so.”

77Proceedings before coroner

In Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) (which specifies the proceedings for which legal aid may be given under Article 9 of that Order), omit paragraph 5 (which specifies proceedings before a coroner but which has not been brought into force).

Court Service

78Power to abolish Court Service

(1)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.

(2)The order may make provision—

(a)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

(b)for any other incidental, consequential, transitional or supplementary matter which appears to the Lord Chancellor to be appropriate.

(3)The provision made by the order under subsection (2) may include amendments in any enactment or instrument (whenever passed or made), including this Act.

Court security

79Duty of Court Service to ensure court security

(1)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.

(2)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.

(3)For the purposes of this section and sections 80 and 81 the following are court security officers—

(a)members of staff of the Court Service designated as court security officers, and

(b)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).

(4)A court-house is a relevant court-house for the purposes of this section and section 80 if—

(a)the Court of Appeal,

(b)the High Court,

(c)the Crown Court,

(d)a county court,

(e)a coroner’s court, or

(f)a magistrates' court,

sits there.

80Powers and duties of court security officers

(1)A court security officer acting in the execution of his duty has power to —

(a)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,

(b)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

(c)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.

(2)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.

(3)The powers conferred by subsection (1)(b) and (c) include power to use reasonable force, where necessary.

(4)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.

(5)“Person in authority” means—

(a)a judge, coroner or magistrate who is exercising any functions in the court-house, or

(b)any officer or other member of staff of the Court Service authorised to give him instructions.

(6)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).

(7)Every court security officer is to be regarded as an officer of the court for the purposes of—

(a)Article 55 of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)),

(b)section 34 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)), and

(c)Article 160 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)),

(which provide for the detention by court officers, and punishment, of persons misbehaving in court).

81Protection of court security officers

(1)A person who assaults a court security officer acting in the execution of his duty commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale, or

(b)imprisonment for a term not exceeding six months,

or to both.

(3)A person who resists or intentionally obstructs a court security officer acting in the execution of his duty commits an offence.

(4)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.

Part 6Supplementary

82Excepted matters: judicial office-holders

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)—

(a)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

(b)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”.

83Reserved matters: new institutions

In Schedule 3 to the Northern Ireland Act 1998 (reserved matters)—

(a)in paragraph 9, after sub-paragraph (g) insert—

“(h)local community safety partnerships.”

(b)after paragraph 9 insert—

“9AThe Chief Inspector of Criminal Justice in Northern Ireland.”, and

(c)after paragraph 15 insert—

“15AThe Northern Ireland Law Commission.”

84Assembly Acts about judiciary, law officers and prosecutions

(1)In section 7(1) of the Northern Ireland Act 1998 (entrenched enactments), insert at the end “and

(d)section 1 and section 84 of the Justice (Northern Ireland) Act 2002.”

(2)A Bill containing any provision which deals (otherwise than incidentally) with—

(a)appointment to, or removal from, a protected judicial office (including the subject matter of section 19),

(b)the subject matter of section 12(1), or

(c)the subject matter of Part 2,

may not be passed by the Assembly without cross-community support.

(3)“Cross-community support” has the meaning given by section 4(5) of the Northern Ireland Act 1998 (c. 47).

(4)“Passed”, in relation to a Bill, means passed at the final stage (at which the Bill can be passed or rejected but not amended).

85Minor and consequential amendments

(1)Schedule 12 makes minor and consequential amendments in enactments and instruments.

(2)The Secretary of State may by order make in any other enactment or instrument (whenever passed or made) such amendments as appear to him to be appropriate in consequence of any provision made by Part 4.

86Repeals and revocations

Schedule 13 makes repeals and revocations.

87Commencement

(1)The preceding provisions of this Act (with the Schedules) shall not come into force until such day as the Secretary of State may by order appoint.

(2)An order may appoint different days for different purposes.

88Interpretation

In this Act (unless the context otherwise requires)—

• “amendment” includes repeal or revocation and “amend” is to be construed accordingly,

• “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.)),

• “county court judge” means a judge appointed under section 102 of the 1County Courts Act (Northern Ireland) 959 (c. 25 (N.I.))and “deputy county court judge” means a deputy judge appointed under section 107 of that Act,

• “the Court Service” means the Northern Ireland Court Service,

• “enactment” includes any provision of Northern Ireland legislation,

• “listed judicial office” and “protected judicial office” have the meanings given by section 2(5),

• “Lord Chief Justice” means the Lord Chief Justice of Northern Ireland, and

• “Lord Justice of Appeal” means a person styled as such under section 3 of the Judicature (Northern Ireland) Act 1978 (c. 23).

89Transitionals and savings

(1)The Secretary of State 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.

(2)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—

(a)they had been appointed to those offices under that section on that date, and

(b)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.

(3)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.

(4)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—

(a)the time when it is first reasonably practicable for him to take over the conduct of all proceedings of that description, and

(b)the end of the period of five years beginning with the day on which that subsection comes into force.

(5)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.

(6)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.)).

(7)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.

(8)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.

(9)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.

(10)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.

(11)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.)).

90Statutory rules

(1)Any power of—

(a)the Lord Chancellor,

(b)the Secretary of State, or

(c)the First Minister and deputy First Minister,

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)).

(2)An order containing provision made by virtue of section 2(2)(b) (whether or not together with other provision) shall be subject to affirmative resolution (within the meaning of section 41(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(3)An order containing provision made by virtue of section 2(2)(a) or (c) (whether or not together with other provision) which is not subject to affirmative resolution shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(4)No order containing (whether or not together with other provision) provision made by virtue of section 9(4), 19(4)(b), 46(6)(a) or (b), 72(1), (3), (7) or (8) or 78 shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5)The following instruments—

(a)an order under section 10(4), 12(3), 19(4)(a) or (c), 28(2), 46(6)(c), 63(2), 72(2) or 85(2), Schedule 4 or paragraph 7(3) of Schedule 8, and

(b)a scheme (or alterations to a scheme) under section 68,

shall, unless a draft has been approved by a resolution of each House of Parliament, 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 (c. 36) applies accordingly.

91Extent

(1)Subject as follows, the preceding provisions of this Act (with the Schedules) extend to Northern Ireland only.

(2)Subsection (1) does not apply to any of the following provisions—

(a)section 10(6) and paragraphs 5 and 6 of Schedule 4,

(b)section 22(1), and

(c)section 27(1),

and sections 87 to 90 so far as relating to those provisions.

(3)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.

92Financial provision

There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b)any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

93Short title

This Act may be cited as the Justice (Northern Ireland) Act 2002.

SCHEDULES

Section 2

SCHEDULE 1Listed judicial offices

• 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 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 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

Section 3

SCHEDULE 2Judicial Appointments Commission

Members' tenure

1(1)Subject as follows, a judicial member of the Commission is a member for so long as he holds the judicial office entitling him to membership.

(2)The First Minister and deputy First Minister, acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice.

(3)A judicial member may resign by notice in writing to the Office of the First Minister and deputy First Minister.

2(1)Subject as follows, a non-judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(2)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.

(3)A non-judicial member may resign by notice in writing to the Office of the First Minister and deputy First Minister.

(4)The First Minister and deputy First Minister, acting jointly, may dismiss a non-judicial member if satisfied that—

(a)he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b)he has been convicted of a criminal offence,

(c)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

(d)he is otherwise unable or unfit to exercise his functions.

Salary etc. of non-judicial members

3The Commission must pay to or in respect of each non-judicial member of the Commission any such salary or allowances as the First Minister and deputy First Minister, acting jointly, may determine.

Staff

4(1)The Commission may employ staff, but subject to the approval of the First Minister and deputy First Minister as to—

(a)numbers,

(b)salary, and

(c)other terms of employment.

(2)The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

(a)the civil service of the United Kingdom,

(b)the civil service of Northern Ireland, or

(c)the Court Service,

as it considers appropriate for or in connection with the exercise of its functions.

(3)Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 (S.I. 1972/1073 (N.I. 10)) can apply; and, accordingly, in Schedule 1 to that Order (employments etc. to which Article 3 can apply), insert at the appropriate place—

“Employment in the Northern Ireland Judicial Appointments Commission.”

Annual report

5(1)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.

(2)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.

(3)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.

(4)But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained.

(5)The Commission must send a copy of each annual report to the Office of the First Minister and deputy First Minister.

(6)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 sub-paragraph (5).

(7)After a copy of a report has been laid before the Assembly, the Commission must arrange for it to be published.

(8)In this paragraph “financial year” means—

(a)the period beginning with the day on which section 3 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b)each subsequent period of twelve months beginning with 1st April.

Financial provisions

6The First Minister and deputy First Minister, acting jointly, may make grants to the Commission.

7(1)The Commission must—

(a)keep proper accounts and proper financial records, and

(b)prepare in respect of each financial year a statement of accounts.

(2)The statement of accounts must—

(a)contain such information, and

(b)be in such form,

as the First Minister and deputy First Minister, acting jointly, direct.

(3)The Commission must send copies of the statement of accounts relating to a financial year to—

(a)the Office of the First Minister and deputy First Minister, and

(b)the Comptroller and Auditor General for Northern Ireland,

within such period after the end of the financial year as the First Minister and deputy First Minister, acting jointly, direct.

(4)The Comptroller and Auditor General for Northern Ireland must—

(a)examine, certify and report on the statement of accounts, and

(b)lay a copy of the statement of accounts and of his report on it before the Assembly.

(5)In this paragraph “financial year” has the same meaning as in paragraph 5.

Committees and sub-committees

8(1)The Commission may establish committees.

(2)Any committee of the Commission may establish sub-committees.

(3)A committee or sub-committee may consist of or include persons who are not members of the Commission.

(4)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.

Proceedings

9The Commission may regulate—

(a)its own procedure (including quorum), and

(b)the procedure (including quorum) of its committees and their sub-committees.

10The validity of any proceedings of the Commission, or of any of its committees or their sub-committees, is not affected by—

(a)any vacancy amongst the members, or

(b)any defect in the appointment of a member.

Delegation

11(1)The Commission may delegate any of its functions (to such extent as it determines) to any of its committees.

(2)A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee.

12If 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.

Miscellaneous

13(1)The Commission is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

14The Commission may do anything, apart from borrowing money, which it considers is—

(a)appropriate for facilitating, or

(b)incidental or conducive to,

the exercise of its functions.

15The 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.

16Any 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.

17A document purporting to be—

(a)duly executed by the Commission under its seal, or

(b)signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

18In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

19In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

Freedom of information

20In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Judicial Appointments Commission.”

Section 5

SCHEDULE 3Appointment to listed judicial offices

Temporary High Court judges

1In section 7(3) of the Judicature (Northern Ireland) Act 1978 (c. 23) (appointment of temporary High Court judges)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister”, and

(b)for “he may” substitute “they may, acting jointly,”.

County court judges and deputy county court judges

2The County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.)) has effect subject to the following amendments.

3In section 102(1) (appointment of county court judges), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

4(1)Section 107 (deputy county court judges) is amended as follows.

(2)In subsection (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In subsection (3)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”, and

(b)for “he thinks” substitute “they think”.

5In section 134 (evidence of health of person recommended for appointment as county court judge), for “Lord Chancellor shall take steps to satisfy himself” substitute “First Minister and deputy First Minister shall take steps to satisfy themselves”.

6After section 136 insert—

“136ACharges on Northern Ireland Consolidated Fund

There shall be charged on and paid out of the Consolidated Fund of Northern Ireland the salaries payable to judges under section one hundred and six.”

Resident magistrates and deputy resident magistrates

7The Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) has effect subject to the following amendments.

8In section 9(1) (appointment of resident magistrates), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

9In section 10(1) (appointment of deputy resident magistrates)—

(a)for “The Lord Chancellor” substitute “The First Minister and deputy First Minister, acting jointly,”,

(b)for “the Lord Chancellor”, in the first place, substitute “they”, and

(c)for the words from “such conditions” to the end substitute—

“(a)such terms and conditions relating to removal from office as the First Minister and deputy First Minister, acting jointly, may determine; and

(b)such other terms and conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine.”

10In section 168(2) (payment of salaries), for “the United Kingdom” substitute “Northern Ireland”.

Coroners and deputy coroners

11The Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect subject to the following amendments.

12In 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,”.

13For section 2(1) substitute—

“(1)The First Minister and deputy First Minister, acting jointly, may appoint one, or more than one, coroner and deputy coroner—

(a)for such district or districts and on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and

(b)on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor, after consultation with the Treasury, may determine;

and the Lord Chancellor may, in exercise of his powers under section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23), appoint coroner’s officers and other officers to assist such coroners.”

14In 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”.

15In section 6(2) (inability or failure of coroner to discharge duties)—

(a)for “Lord Chancellor may in writing” substitute “First Minister and deputy First Minister, acting jointly, may in writing”, and

(b)for “the Lord Chancellor may specify” substitute “they may specify”.

Statutory officers and deputies and temporary appointments

16The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

17(1)Section 70 (appointment of statutory officers) is amended as follows.

(2)For subsection (1) substitute—

“(1)Appointments to the offices listed in column 1 of Schedule 3 shall be made by the First Minister and deputy First Minister, acting jointly, after consultation with the Lord Chief Justice—

(a)on such conditions as to their removal as the First Minister and deputy First Minister may jointly determine; and

(b)on such other conditions, including as to remuneration and superannuation, as the Lord Chancellor may determine with the concurrence of the Treasury;

and persons holding such offices are in this Act referred to as “statutory officers”.”

(3)In subsection (3)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister”,

(b)for “he may” substitute “they may jointly”, and

(c)for “he considers” substitute “they consider”.

(4)In subsection (5), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(5)In subsection (6), for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

18(1)Section 74 (deputies and temporary appointments) is amended as follows.

(2)In subsection (1)—

(a)for “to the Lord Chancellor” substitute “to the First Minister and deputy First Minister”,

(b)for “he” substitute “they, acting jointly,”,

(c)for “as the Lord Chancellor” substitute “as they”, and

(d)for “thinks” substitute “think”.

(3)In subsection (3), for “Lord Chancellor otherwise directs” substitute “First Minister and deputy First Minister, acting jointly, otherwise direct”.

Chief Social Security Commissioner, Social Security Commissioners and deputy Social Security Commissioners for Northern Ireland

19(1)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.

(2)In subsection (1)—

(a)after “time to time” insert “, on the recommendation of the First Minister and deputy First Minister, acting jointly,”, and

(b)for the words from “such number” to the end substitute “other Social Security Commissioners.”

(3)In subsection (2)—

(a)for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”,

(b)for “he should” substitute “they should”,

(c)for “he may” substitute “they may jointly”, and

(d)for “Lord Chancellor thinks” substitute “First Minister and deputy First Minister think”.

Chief Child Support Commissioner, Child Support Commissioners and deputy Child Support Commissioners for Northern Ireland

20The Child Support Act 1991 (c. 48) has effect subject to the following amendments.

21In section 23(1) (appointment of Child Support Commissioners for Northern Ireland)—

(a)after “time to time” insert “, on the recommendation of the First Minister and deputy First Minister, acting jointly,”, and

(b)for the words from “such number” to the end substitute “other Child Support Commissioners.”

22In paragraph 8(d) of Schedule 4 (application of provisions relating to Child Support Commissioners to Northern Ireland)—

(a)before paragraph (i) insert—

“(ai)in sub-paragraph (1), for “Lord Chancellor” there were substituted “First Minister and deputy First Minister, acting jointly,”;”, and

(b)after paragraph (i) insert—

“(ia)in paragraph (b) of sub-paragraph (2), for “Lord Chancellor thinks” there were substituted “First Minister and deputy First Minister think”;”

President and members of appeal tribunals

23The Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) has effect subject to the following amendments.

24In Article 6(1) (appointment of the President of appeal tribunals), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

25(1)Article 7 (appointment of panel of persons to act as members of appeal tribunals) is amended as follows.

(2)In paragraph (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In paragraph (2), for “Lord Chancellor thinks” substitute “First Minister and deputy First Minister think”.

(4)In paragraph (3), for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

(5)In paragraph (4), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

Chairmen of Social Care Tribunals in Northern Ireland

26The Registered Homes (Northern Ireland) Order 1992 (S.I. 1992/3204 (N.I. 20)) has effect subject to the following amendments.

27(1)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.

(2)In paragraph (1)(a), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In paragraph (3), for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”.

28In Article 31(2) (constitution of tribunal), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

President and Vice President of the Industrial Tribunals and the Fair Employment Tribunal and chairmen of the Fair Employment Tribunal

29(1)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.

(2)In paragraph (1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In paragraph (3), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(4)In paragraph (6), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

30The Fair Employment Tribunal Regulations (Northern Ireland) 1989 (S.R. 1989 No. 444) have effect subject to the following amendments.

31In regulation 2(2), in the definitions of “the President” and “the Vice-President”, for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

32In 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”.

33In 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”.

President and other members of the Lands Tribunal for Northern Ireland

34The Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.)) has effect subject to the following amendments.

35In section 1(2) (appointment of President and other members), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

36In section 3(1) and (2) (appointment of deputy President and temporary members), for “Governor” substitute “First Minister and deputy First Minister, acting jointly,”.

President and chairmen of Special Educational Needs Tribunal for Northern Ireland

37(1)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.

(2)In paragraph (2)—

(a)for “Lord Chancellor;” substitute “First Minister and deputy First Minister, acting jointly;”, and

(b)for “Lord Chancellor of” substitute “First Minister and deputy First Minister, acting jointly, of”.

(3)In paragraph (3)(a), for “Lord Chancellor considers” substitute “First Minister and deputy First Minister consider”.

(4)In paragraph (4)(b), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

Members of tribunal established under section 91 of the Northern Ireland Act 1998

38(1)Schedule 11 to the Northern Ireland Act 1998 (c. 47) (tribunal established under section 91 of that Act) is amended as follows.

(2)In paragraph 2(1), for “Lord Chancellor as he” substitute “First Minister and deputy First Minister, acting jointly, as they”.

(3)In paragraph 2(3), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(4)In paragraph 3(1), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(5)In paragraph 3(4), for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(6)In paragraph 4—

(a)for “Lord Chancellor” (in each place) substitute “First Minister and deputy First Minister”,

(b)for “he may determine” (in each place) substitute “they may determine”,

(c)in sub-paragraph (2), for “he thinks fit” substitute “they think fit”, and

(d)in sub-paragraph (3), for “he may pay” substitute “they may pay”.

Members of the Mental Health Review Tribunal for Northern Ireland

39(1)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.

(2)In paragraph 1—

(a)for “appointed by the Lord Chancellor” (in each place) substitute “appointed by the First Minister and deputy First Minister, acting jointly,”, and

(b)for “Lord Chancellor considers” (in both places) substitute “First Minister and deputy First Minister consider”.

(3)In paragraph 2, for “Lord Chancellor” substitute “Office of the First Minister and deputy First Minister”.

(4)In paragraph 3, for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

Lay magistrates

40This Act has effect subject to the following amendments.

41(1)Section 9 is amended as follows.

(2)In subsections (1), (3) and (4), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In subsection (2), for “Lord Chancellor” substitute “First Minister and deputy First Minister”.

(4)In subsection (5), for “Lord Chancellor otherwise determines” substitute “First Minister and deputy First Minister, acting jointly, otherwise determine”.

(5)In subsection (11)—

(a)for “Lord Chancellor” substitute “First Minister and deputy First Minister”, and

(b)for “he may” substitute “they may jointly”.

42(1)Section 90 is amended as follows.

(2)In subsection (2), after “2(2)(b)” insert “or 9(4)”.

(3)In subsection (4), omit “9(4),”.

Section 10

SCHEDULE 4Functions of justices of the peace

Retained functions

1(1)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).

(2)This sub-paragraph applies to—

(a)sections 79 and 80 of the Harbours, Docks, and Piers Clauses Act 1847 (c. 27) (appointment and dismissal of harbour police),

(b)section 542(2) of the Merchant Shipping Act 1894 (c. 60) (declaration by marine store dealer),

(c)section 6(2A) of the Game Preservation Act (Northern Ireland) 1928 (c. 25 (N.I.)) (destruction of game),

(d)section 23(1) of the Government Annuities Act 1929 (c. 29) (confirmation of declaration),

(e)section 63(3) and (4) of the Foyle Fisheries Act (Northern Ireland) 1952 (c. 5 (N.I.)) (destruction or disposal of fish),

(f)section 10(4) (board of visitors) and section 19(1) and (2) (right to visit prison) of the Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)),

(g)section 8(3) of the Agricultural Produce (Meat Regulation and Pig Industry) Act (Northern Ireland) 1962 (c. 13 (N.I.)) (certificate authorising destruction or disposal of meat),

(h)section 47(1) and (2) of the Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.)) (declaration of expenses at election),

(i)section 114(1) (certificate of fitness for dealer’s licence) and section 181(4) (certificate of fish to be destroyed or disposed of) of the Fisheries Act (Northern Ireland) 1966 (c. 17 (N.I.)),

(j)section 57 of the Civil Aviation Act 1982 (c. 16) (appointment and swearing in of constables),

(k)section 1(2)(c) of the Ministry of Defence Police Act 1987 (c. 4) (declaration by members of Ministry of Defence police force),

(l)Article 8(3) to (7) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7)) (condemnation of food not complying with food safety requirements),

(m)Article 19(3) of the Airports (Northern Ireland) Order 1994 (S.I. 1994/ 426 (N.I. 1)) (declaration by airport constables),

(n)section 38(1) of the Police (Northern Ireland) Act 2000 (c. 32) (attestation of constables of Police Service of Northern Ireland),

(o)section 18(2) and (3) of the Street Trading Act (Northern Ireland) 2001 (c. 8 (N.I.)) (certificate of seized items).

Shared functions

2(1)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.

(2)This sub-paragraph applies to—

(a)section 26(1) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (power to administer oaths),

(b)Article 56(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3)) (affidavits for use in a county court).

Functions to be exercisable only by resident magistrates

3(1)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.

(2)This sub-paragraph applies to—

(a)Article 5(1) and (2) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs: forfeiture),

(b)Article 152 of the Magistrates' Courts (Northern Ireland) Order 1981 (S. I. 1981/1675 (N.I. 26)) (enforcement of orders after appeal),

(c)Articles 44 and 45 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (warrants of further detention).

Amendments: general

4The Lord Chancellor may by order amend paragraph 1(2), 2(2) or 3(2)—

(a)by adding any provision contained in any enactment or instrument passed or made before the coming into force of this Schedule, or

(b)by removing any provision.

5The Lord Chancellor may 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.

6So far as may be appropriate in consequence of the provision made by section 10 or by or by virtue of this Schedule—

(a)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

(b)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.

Specific amendments

7The 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.

8In 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”.

9In section 26(4) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (administration of oaths), after “upon a” insert “lay magistrate or”.

10In section 189(1) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (certificates of arrest or surrender of deserters and absentees), after “justice of the peace” insert “or (in Northern Ireland) resident magistrate”.

11In section 189(1) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (certificates of arrest or surrender of deserters and absentees), after “justice of the peace” insert “or (in Northern Ireland) resident magistrate”.

12In sections 47(2) and 110(2) of the Naval Discipline Act 1957 (c. 53) (certificates of arrest and surrender), after “justice of the peace” insert “or (in Northern Ireland) resident magistrate”.

13In 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”.

14In section 12A(2) of the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.)) (rates of allowances payable to justices of the peace), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly”.

15In section 21 of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (offences during suspended sentence etc.), for subsection (2) substitute—

“(2)A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath.

(2A)Subsection (2) does not apply to a summons or warrant issued (by virtue of section 9(12) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act.”

16The Judicature (Northern Ireland) Act 1978 (c. 23) has effect subject to the following amendments.

17(1)Section 103 (appointment of justices of the peace) is amended as follows.

(2)In subsection (3), for “Lord Chancellor” substitute “First Minister and deputy First Minister, acting jointly,”.

(3)In subsections (4) and (5), insert at the beginning “Subject to the Justice (Northern Ireland) Act 2002,”.

(4)After subsection (5) insert—

“(5A)A justice of the peace for a county court division may act as such in relation to all matters arising within that division and may so act even if at the time of acting he is in some other area of Northern Ireland.”

18After that section insert—

“103APower of court of record to bind over

(1)Any court of record in Northern Ireland having a criminal jurisdiction has, as ancillary to that jurisdiction, the power—

(a)to bind over to keep the peace; or

(b)to bind over to be of good behaviour,

a person who or whose case is before the court by requiring him to enter into his own recognisances or to find sureties (or both) and committing him to prison if he does not comply.

(2)A magistrates' court is not to be regarded as a court of record for the purposes of subsection (1).”

19In 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”.

20The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) has effect subject to the following amendments.

21In Article 2(2)(b) (meaning of “magistrates' court”), for “justice of the peace” substitute “lay magistrate”.

22(1)Article 3 (functions of justices etc.) is amended as follows.

(2)In paragraph (1)—

(a)for “justice of the peace” substitute “lay magistrate”, and

(b)for “justices of the peace” substitute “lay magistrates”.

(3)In paragraph (2)—

(a)for “justice of the peace other than a resident magistrate” substitute “lay magistrate”, and

(b)for “justice of the peace by the commission of the peace or” substitute “lay magistrate”.

23In Article 4 (local jurisdiction of justice of the peace), for “justice of the peace” substitute “lay magistrate”.

24In Articles 5 and 6 (immunity)—

(a)for “justice of the peace” substitute “lay magistrate”, and

(b)for “such a magistrate or justice” substitute “a resident magistrate or a lay magistrate”.

25In Article 6A (costs)—

(a)for “justice of the peace” (in each place) substitute “lay magistrate”, and

(b)for “such a magistrate or justice” substitute “a resident magistrate or a lay magistrate”.

26In Article 7 (clerk’s immunity in respect of warrant to enforce order), for “resident magistrate or other justice of the peace” substitute “magistrates' court”.

27In Article 10(1) and (1A) (defrayal of expenses)—

(a)for “or other justice of the peace” substitute “, by a lay magistrate”, and

(b)for “magistrate, justice” substitute “resident magistrate, lay magistrate”.

28In Article 18(4) (procedure)—

(a)for “other justice of the peace” in the words preceding sub-paragraph (a) and in sub-paragraph (b) substitute “lay magistrate”, and

(b)for “or justice of the peace” substitute “or lay magistrate”.

29In Article 42(1)(a) and (b) (reading of depositions), for “other justice of the peace” substitute “lay magistrate”.

30In 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.”

31In Article 126(1) (proof of service), for “other justice of the peace” substitute “lay magistrate”.

32In Article 156 (validity of documents)—

(a)for “other justice of the peace” substitute “lay magistrate”, and

(b)for “magistrate, justice or clerk of petty sessions” substitute “person”.

33In Article 158(1) (execution of warrants), for “other justice of the peace” substitute “lay magistrate”.

34In Article 160(1) (misbehaviour in court), for “justice of the peace” substitute “lay magistrate”.

35In 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”.

36In Article 165(2) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/ 2405 (N.I. 19)) (affidavits etc.), for “justices” substitute “lay magistrates”.

37In section 244(6)(a)(ii) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (community service orders), for “justice of the peace acting for the petty sessions district for the time being specified in the order” substitute “resident magistrate”.

38In Schedule 2 to the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) (persons ineligible for jury service), after the entry relating to persons holding an office belonging to any court of justice in Northern Ireland insert—

“Lay magistrate.”

39In 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)”.

40In section 81(1) of the Regulation of Investigatory Powers Act 2000 (c. 23) (interpretation), after the definition of “interception warrant” insert—

““justice of the peace” does not include a justice of the peace in Northern Ireland;”.

Section 12

SCHEDULE 5Transfer of functions to Lord Chief Justice

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

1In 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”.

Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))

2In 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”.

Judicature (Northern Ireland) Act 1978 (c. 23)

3The Judicature (Northern Ireland) Act 1978 has effect subject to the following amendments.

4In 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”.

5(1)Section 47 (Crown Court: directions as to judges and sittings) is amended as follows.

(2)In subsection (2)—

(a)for “Lord Chancellor”, in the first place, substitute “Lord Chief Justice”, and

(b)for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.

(3)In subsection (3), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.

6In 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”.

7In 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”.

8In 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”.

9In 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”.

10In section 68(2)(b) and (4) (directions as to discharge of functions by statutory officers), for “Lord Chancellor” substitute “Lord Chief Justice”.

11In section 75(2)(b) (directions conferring or imposing functions on Official Solicitor), for “Lord Chancellor” substitute “Lord Chief Justice”.

County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))

12The County Courts (Northern Ireland) Order 1980 has effect subject to the following amendments.

13In Article 4 (directions as to holding of courts), for “Lord Chancellor” substitute “Lord Chief Justice”.

14In Article 5 (directions authorising sittings otherwise than in courthouses), for “Lord Chancellor” substitute “Lord Chief Justice”.

15(1)Article 6 (appointment of days for holding of ordinary sittings) is amended as follows.

(2)In paragraph (1), for “Lord Chancellor” substitute “Lord Chief Justice”.

(3)In paragraph (2), for “Lord Chancellor shall consult the Lord Chief Justice and” substitute “Lord Chief Justice shall consult”.

16In Article 7(1) and (2) (additional and extraordinary sittings), for “Lord Chancellor” substitute “Lord Chief Justice”.

17In 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”.

18In Article 56(1) (swearing of affidavits before designated court officer), for “Lord Chancellor” substitute “Lord Chief Justice”.

19In 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.”

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

20The Magistrates' Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

21In Article 12(a) (petty sessions to be held in courthouse unless otherwise directed), for “Lord Chancellor” substitute “Lord Chief Justice”.

22(1)Article 13 (Magistrates' Courts Rules) is amended as follows.

(2)In paragraph (2), for “Lord Chancellor” substitute “Lord Chief Justice”.

(3)In paragraph (5), after “member of the committee” insert “as the Lord Chief Justice shall designate.”

23In Article 15(2) (assignment of matters to juvenile courts by rules), for “Lord Chancellor” substitute “Lord Chief Justice”.

Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19))

24(1)Article 360 of the Insolvency (Northern Ireland) Order 1989 (committee to review insolvency rules) is amended as follows.

(2)In paragraph (1), for “continue to be a committee appointed by the Lord Chancellor” substitute “be a committee appointed by the Lord Chief Justice”.

(3)In paragraph (2)(f), for “Lord Chancellor” substitute “Lord Chief Justice”.

Family Law (Northern Ireland) Order 1993 (S.I. 1993/1576 (N.I. 6))

25(1)Paragraph 2 of Schedule 2 to the Family Law (Northern Ireland) Order 1993 (Northern Ireland Family Proceedings Rules Committee) is amended as follows.

(2)In sub-paragraph (c), for “Lord Chancellor after consultation with the Lord Chief Justice” substitute “Lord Chief Justice”.

(3)In sub-paragraph (f), for “Lord Chancellor” substitute “Lord Chief Justice”.

Section 19

SCHEDULE 6Office-holders required to take judicial oath

• 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 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 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 a panel of persons formed under Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

Section 28

SCHEDULE 7Functions of Advocate General

Assembly Bills

1(1)The Northern Ireland Act 1998 has effect subject to the following amendments.

(2)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”.

(3)In section 12(2) (procedure where Assembly wishes to reconsider Bill referred to European Court of Justice)—

(a)in paragraph (a), for “Attorney General for Northern Ireland and the Attorney General” substitute “Advocate General for Northern Ireland and the Attorney General for Northern Ireland”, and

(b)in paragraph (b), for “Attorney General for Northern Ireland shall request the withdrawal of the reference under section 11” substitute “person who made the reference in relation to the Bill under section 11 shall request the withdrawal of the reference”.

(4)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”.

Devolution issues

2(1)Schedule 10 to the Northern Ireland Act 1998 (c. 47) (devolution issues: Northern Ireland) is amended as follows.

(2)In paragraph 4 (institution of proceedings for determination of devolution issues in Northern Ireland)—

(a)in sub-paragraph (1), for “or defended by the Attorney General” substitute “by the Advocate General for Northern Ireland”, and

(b)in sub-paragraph (2), for “First Minister and the deputy First Minister acting jointly” substitute “Attorney General for Northern Ireland” and insert at the end “instituted by the Advocate General for Northern Ireland”.

(3)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”.

(4)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”.

(5)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”.

(6)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”.

(7)In paragraph 35(4) (no exercise of function pending decision on reference), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

3In Schedule 8 to the Government of Wales Act 1998 (c. 38) (devolution issues: National Assembly for Wales), in—

(a)paragraph 23(1) (institution of proceedings of determination of devolution issues in Northern Ireland),

(b)paragraph 24(1) (notice of such proceedings), and

(c)paragraph 30(2)(c) (direct references to Judicial Committee in proceedings in Northern Ireland),

for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

4In Schedule 6 to the Scotland Act 1998 (c. 46) (devolution issues: Scottish Parliament and Executive), in—

(a)paragraph 25(1) (institution of proceedings for determination of devolution issues in Northern Ireland),

(b)paragraph 26 (notice of such proceedings), and

(c)paragraphs 33 and 34 (direct references to Judicial Committee),

for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

Human rights

5In 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,”.

6In section 107(3) of the Government of Wales Act 1998 (c. 38) (similar provision in relation to that Act), after “Advocate General for Scotland” insert “, the Advocate General for Northern Ireland”.

7In 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”.

Varying retrospective decisions

8In 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”.

9In section 110(8) of the Government of Wales Act 1998 (notice to be given to the relevant law officer), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

10In 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”.

Suspension of devolved government

11(1)Paragraph 4 of the Schedule to the Northern Ireland Act 2000 (c. 1) (executive functions during suspension of devolved government) is amended as follows.

(2)In sub-paragraph (1), after paragraph (c) insert—

“(ca)any functions of the Attorney General for Northern Ireland may be discharged by the Advocate General for Northern Ireland;”.

(3)In sub-paragraph (2)—

(a)after “Minister” insert “or the Attorney General for Northern Ireland”, and

(b)after “Secretary of State” insert “, the Advocate General for Northern Ireland”.

(4)In sub-paragraphs (3), (5) and (6), after “Minister” insert “or the Attorney General for Northern Ireland”.

Acting as Attorney General for Northern Ireland during vacancy

12The 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.

Consultation about appointment of Attorney General for Northern Ireland

13The 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.

Crown Solicitor

14(1)Section 35 of the Northern Ireland Constitution Act 1973 (c. 36) (Crown Solicitor for Northern Ireland) is amended as follows.

(2)In subsection (1), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland after consultation with the Attorney General for Northern Ireland”.

(3)In subsection (2), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

Chief Inspector of Criminal Justice

15Part 3 of this Act (Chief Inspector of Criminal Justice in Northern Ireland) has effect subject to the following amendments.

16(1)Section 47 (functions: consultation and consent requirements etc.) is amended as follows.

(2)In subsection (1), after “Secretary of State” insert “, the Advocate General for Northern Ireland”.

(3)In subsection (2), after “Secretary of State,” insert—

“(aa)the Advocate General for Northern Ireland,”.

(4)In subsection (5), after “consent of” insert “the Advocate General for Northern Ireland and”.

17In section 49(5) (copies of reports relating to Public Prosecution Service), after “copy of it to” insert “the Advocate General for Northern Ireland and”.

Life sentence prisoners' representatives

18In paragraph 6(2) of Schedule 2 to the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (appointment of person to represent interests of prisoner serving life sentence before Life Sentence Review Commissioners), for “Attorney General” substitute “Advocate General for Northern Ireland”.

Special advocates

19In 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”.

20In 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”.

Scheduled offences

21The Terrorism Act 2000 (c. 11) has effect subject to the following amendments.

22In 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”.

23In 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”.

Consent to prosecution

24In section 12 of the Official Secrets Act 1911 (c. 28) (construction of references to Attorney General), for “Attorney-General for Ireland” substitute “Advocate General for Northern Ireland”.

25In section 6(5) of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (proceedings for offences under that Act), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

26In 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”.

27In 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”.

28In 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”.

29In 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”.

30In 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”.

31In 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”.

32In 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”.

33In 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”.

34In 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”.

35In section 117(3)(b) of the Terrorism Act 2000 (c. 11) (proceedings for offence committed for purpose connected with affairs of country other than United Kingdom), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

36In—

(a)section 55 (proceedings for offence under section 47 or 50), and

(b)section 81(1) (proceedings for offence under section 79 or 80),

of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for “Attorney General for Northern Ireland” substitute “Advocate General for Northern Ireland”.

37Section 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.

Section 45

SCHEDULE 8Chief Inspector of Criminal Justice

Chief Inspector’s tenure

1(1)Subject as follows, the Chief Inspector holds office in accordance with the terms of his appointment (or re-appointment).

(2)The Chief Inspector must not be appointed for more than five years at a time.

(3)The Chief Inspector may resign by notice in writing to the Secretary of State.

(4)The Secretary of State may dismiss the Chief Inspector if satisfied that—

(a)he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b)he has been convicted of a criminal offence,

(c)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

(d)he is otherwise unable or unfit to exercise his functions.

Salary etc. of Chief Inspector

2(1)The Secretary of State must pay to or in respect of the Chief Inspector such—

(a)salary,

(b)allowances, and

(c)sums for the provision of pensions,

as the Secretary of State determines.

(2)If a person who, by reference to any office or employment, is a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11) becomes the Chief Inspector, the Minister for the Civil Service 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.

Staff

3(1)The Chief Inspector may employ staff, but subject to the approval of the Secretary of State as to—

(a)numbers,

(b)salary, and

(c)other terms of employment.

(2)The Chief Inspector may make arrangements for securing the provision to him of such assistance by persons employed in—

(a)the civil service of the United Kingdom, or

(b)the civil service of Northern Ireland,

as he considers appropriate for or in connection with the exercise of his functions.

(3)Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of “Other Bodies” insert—

“Employment by the Chief Inspector of Criminal Justice in Northern Ireland.”

(4)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.

Annual report

4(1)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.

(2)The Chief Inspector must send a copy of each annual report to the Secretary of State who must—

(a)lay a copy of it before each House of Parliament, and

(b)arrange for it to be published.

(3)But the Secretary of State may exclude a part of an annual report from the copy so laid or published if, in his opinion, the laying or publication of the part—

(a)would be against the public interest, or

(b)might jeopardise the safety of any person.

(4)If the Secretary of State excludes a part of an annual report from laying or publication, he must lay or publish with the annual report a statement that it has been excluded.

(5)In this paragraph “financial year” means—

(a)the period beginning with the day on which section 45 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b)each subsequent period of twelve months beginning with 1st April.

Financial provisions

5The Secretary of State may make grants to the Chief Inspector.

6(1)The Chief Inspector must—

(a)keep proper accounts and proper financial records, and

(b)prepare in respect of each financial year a statement of accounts.

(2)The statement of accounts must—

(a)contain such information, and

(b)be in such form,

as the Secretary of State directs.

(3)The Chief Inspector must send copies of the statement of accounts relating to a financial year to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

within such period after the end of the financial year as the Secretary of State directs.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement of accounts, and

(b)lay a copy of the statement of accounts and of his report on it before each House of Parliament.

(5)In this paragraph “financial year” has the same meaning as in paragraph 4.

Delegation of functions

7(1)The Chief Inspector may delegate any of his functions (to such extent as he may determine) to—

(a)any member of his staff,

(b)any person providing assistance by virtue of paragraph 3(2), or

(c)the holder of any office within sub-paragraph (2).

(2)Those offices are—

(a)Her Majesty’s Inspector of Constabulary,

(b)Her Majesty’s Chief Inspector of Prisons, and

(c)Her Majesty’s Chief Inspector of the Crown Prosecution Service.

(3)The Secretary of State may by order amend sub-paragraph (2) by—

(a)adding an office,

(b)omitting an office, or

(c)altering the description of an office.

(4)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.

Inspections of Police Service

8(1)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.

(2)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.

(3)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 Secretary of State with a view to obtaining his approval of the inspection which it is proposed to carry out.

Miscellaneous

9The Chief Inspector is a corporation sole.

10(1)The Chief Inspector is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The Chief Inspector’s property is not to be regarded as property of, or held on behalf of, the Crown.

11The Chief Inspector may do anything, apart from borrowing money, which he considers is—

(a)appropriate for facilitating, or

(b)incidental or conducive to,

the exercise of his functions.

12The 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.

13A document purporting to be—

(a)duly executed by the Chief Inspector under his seal, or

(b)signed on his behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

14In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Chief Inspector of Criminal Justice in Northern Ireland.”

15In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)—

“Chief Inspector of Criminal Justice in Northern Ireland.”

Freedom of information

16In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Chief Inspector of Criminal Justice in Northern Ireland.”

Section 50

SCHEDULE 9Law Commission

Commissioners' tenure

1(1)Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment).

(2)A person may not be appointed as a Commissioner for more than five years at a time.

(3)A Commissioner may resign by notice in writing to the Secretary of State.

(4)The Secretary of State may dismiss a Commissioner if satisfied that—

(a)he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b)he has been convicted of a criminal offence,

(c)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

(d)he is otherwise unable or unfit to exercise his functions.

Commissioners holding judicial office

2(1)A person who holds judicial office may be appointed as a Commissioner without relinquishing that office.

(2)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.

Salary etc. of Commissioners not holding full-time judicial office

3(1)The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such—

(a)salary,

(b)allowances,

(c)fees, or

(d)sums for the provision of pensions,

as the Secretary of State may determine.

(2)If a person who, by reference to any office or employment, is a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11) becomes a Commissioner, the Minister for the Civil Service 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.

(3)The Commission 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 (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Staff

4(1)The Commission may employ staff, but subject to the approval of the Secretary of State as to—

(a)numbers,

(b)salary, and

(c)other terms of employment.

(2)The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

(a)the civil service of the United Kingdom,

(b)the civil service of Northern Ireland, or

(c)the Court Service,

as it considers appropriate for or in connection with the exercise of its functions.

(3)Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of “Royal Commissions and other Commissions” insert—

“Northern Ireland Law Commission.”

(4)The Commission 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.

Financial provisions

5The Secretary of State may make grants to the Commission.

6(1)The Commission must—

(a)keep proper accounts and proper financial records, and

(b)prepare in respect of each financial year a statement of accounts.

(2)The statement of accounts must—

(a)contain such information, and

(b)be in such form,

as the Secretary of State directs.

(3)The Commission must send copies of the statement of accounts relating to a financial year to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

within such period after the end of the financial year as the Secretary of State directs.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the statement of accounts, and

(b)lay a copy of the statement of accounts and of his report on it before each House of Parliament.

(5)In this paragraph “financial year” means—

(a)the period beginning with the day on which section 50 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b)each subsequent period of twelve months beginning with 1st April.

Miscellaneous

7The exercise by the Commission of its functions is not affected by—

(a)any vacancy among the Commissioners, or

(b)any defect in the appointment of a Commissioner.

8(1)The Commission is not to be regarded—

(a)as the servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

9The Commission may do anything, apart from borrowing money, which it considers is—

(a)appropriate for facilitating, or

(b)incidental or conducive to,

the exercise of its functions.

10The 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.

11Any 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.

12A document purporting to be—

(a)duly executed by the Commission under its seal, or

(b)signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

13In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

14In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

Freedom of information

15In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)—

“The Northern Ireland Law Commission.”

Section 62

SCHEDULE 10Youth justice orders: enforcement etc.

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—

Articles 36D, 36I and 36K

“SCHEDULE 1ABreach, revocation and amendment of reparation orders, community responsibility orders and youth conference orders

Introductory

1(1)In this Schedule “relevant order” means a reparation order, a community responsibility order or a youth conference order.

(2)In this Schedule “the appropriate court”, in relation to a relevant order, means a youth court acting for the petty sessions district for the time being named in the order under Article 36D(1), 36I(1) or 36K(5).

(3)For the purposes of this Schedule a relevant order made on an appeal brought from a magistrates' court is to be treated as if made by the magistrates' court; and a relevant order made on appeal brought from the Crown Court or from the Court of Appeal is to be treated as if made by the Crown Court.

Breach of relevant order

2(1)Paragraphs 3 and 4 make provision for dealing with an offender if, while a relevant order is in force in respect of him, it is proved to the satisfaction of the appropriate court, on the application of the responsible officer, that the offender has failed to comply with any requirement of the order.

(2)But nothing in those paragraphs prevents the appropriate court from making an order revoking, amending or extending the relevant order under paragraph 5 in such circumstances.

(3)In dealing with an offender under paragraph 3 or 4, a court must take into account the extent to which he has complied with the requirements of the relevant order.

(4)An offender who is required by a youth conference order to submit to treatment for a mental condition, or for a dependency on drugs or alcohol, is not to be treated for the purposes of paragraph 3 or 4 as having failed to comply with that requirement on the ground only that he has refused to undergo any treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

Order as punishment for breach

3(1)The court may—

(a)in the case of a reparation order, make an attendance centre order in respect of the offender; or

(b)in the case of a community responsibility order or a youth conference order, make an attendance centre order or a community service order in respect of him.

(2)The court may make an order under sub-paragraph (1) whether or not it also makes an order revoking, amending or extending the relevant order under paragraph 5.

(3)Articles 37 and 38 of this Order have effect in relation to attendance centre orders under sub-paragraph (1), but as if the references in paragraph (1) of Article 37 to any court having (or, but for certain provisions, having) the power mentioned in that paragraph were to the appropriate court.

(4)Article 13(1), (4), (6), (7)(b) to (9) and (11) and Article 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) have effect in relation to community service orders under sub-paragraph (1)(b), but as if—

(a)the reference in paragraph (1) of Article 13 to a court by or before which a person is convicted of an offence punishable with imprisonment were to the appropriate court; and

(b)the reference in that paragraph to the age of a person when convicted were to his age when the appropriate court determines that he has failed to comply with any requirement in a community responsibility order or youth conference order.

(5)Article 13(2) of that Order has effect in relation to community service orders under sub-paragraph (1)(b), but as if for sub-paragraphs (a) and (b) there were substituted “not more than 60 hours”.

(6)Schedule 2 to that Order has effect in relation to a community service order under sub-paragraph (1)(b), but as if references to the offence were to the failure to comply with the order in respect of which the community service order was made.

(7)Article 8(1) and (2) and Article 9 of that Order do not apply to any order under sub-paragraph (1).

Re-sentencing for breach

4(1)Where the relevant order was made by a magistrates' court, the appropriate court may (instead of making an order under paragraph 3)—

(a)revoke the order (if it is still in force); and

(b)deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by the court.

(2)Where the relevant order was made by the Crown Court, the appropriate court may (instead of making an order under paragraph ) commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.

(3)Where the appropriate court deals with an offender under sub-paragraph (2), it must send to the Crown Court a certificate signed by a resident magistrate giving—

(a)particulars of the offender’s failure to comply with the requirement in question; and

(b)such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(4)Where it is proved to the satisfaction of the Crown Court that an offender brought or appearing before the court by virtue of sub-paragraph (2) has failed to comply with the requirement in question, the court may—

(a)revoke the order (if it is still in force); and

(b)deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by or before the court.

(5)In proceedings before the Crown Court under sub-paragraph (4) any question whether the offender has failed to comply with the requirements of the relevant order is to be determined by the Crown Court and not by the verdict of a jury.

(6)In dealing under this paragraph with an offender who has wilfully and persistently failed to comply with a requirement, the court may assume that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent or a youth conference order.

Revocation, amendment and extension of relevant order

5(1)If, while a relevant order is in force in respect of an offender, it appears to the relevant court, on the application of the responsible officer or the offender, that it is appropriate to do so, the court may—

(a)make an order revoking the relevant order;

(b)make an order amending the relevant order; or

(c)make an order extending the period specified in Article 3C(5), 36C(3)(b) or 36G(4).

(2)In this paragraph “the relevant court” means—

(a)the appropriate court, if the relevant order was made by a magistrates' court; and

(b)the Crown Court, if the relevant order was made by the Crown Court.

(3)The relevant court may make an order under paragraph (c) of sub-paragraph (1) whether or not it also makes an order under paragraph (b) of that sub-paragraph.

(4)An order under sub-paragraph (1)(b) may amend a relevant order by—

(a)cancelling any provision of it; or

(b)inserting in it (either in addition to or in substitution for any of its provisions) any provision which the relevant court could include if it were then making the order.

(5)The relevant court must not make an order under sub-paragraph (1)(b) or (c) unless the offender consents.

(6)But sub-paragraph (5) does not apply to an order—

(a)cancelling a requirement of the relevant order;

(b)reducing the period of any requirement;

(c)substituting a new petty sessions district for the one specified in the relevant order; or

(d)substituting a new responsible officer for the one specified in the relevant order.

(7)The relevant court must not make an order under sub-paragraph (1) amending a youth conference order on the application of the offender unless the relevant court has consulted the responsible officer.

(8)The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a reparation order or youth conference order which affects any action required to be taken by the offender in relation to another person unless that other person agrees.

(9)The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a youth conference order which affects any action falling to be taken by a person other than the offender unless that person agrees.

(10)Where an application under sub-paragraph (1)(a) for the revocation of a relevant order is dismissed, no further application for its revocation may be made under that sub-paragraph by any person except with the consent of the relevant court.

Dealing with relevant order when sentencing after subsequent conviction

6(1)This paragraph applies where an offender in respect of whom a relevant order is in force is dealt with for an offence by the appropriate court, a court of summary jurisdiction other than the appropriate court or the Crown Court.

(2)The court may do anything which it could do under paragraph 5 in relation to the order if an application were made to it by the responsible officer (and, in the case of a court which is not the relevant court, it were the relevant court).

(3)If the court is the appropriate court or a court of summary jurisdiction other than the appropriate court and the order was made by the Crown Court, sub-paragraph (2) does not apply but the court may commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.

(4)Where a court deals with an offender’s case under sub-paragraph (3), it must send to the Crown Court such particulars of the case as may be desirable.

(5)Where by virtue of that sub-paragraph an offender is brought or appears before the Crown Court, the Crown Court may do anything which it could do under paragraph 5 if an application were made to it by the responsible officer.

Copies of revoking, amending or extending order

7(1)On the making of an order under this Schedule revoking, amending or extending a relevant order, the clerk to the court must immediately give a copy of the revoking, amending or extending order to the responsible officer.

(2)The responsible officer must give a copy of the revoking, amending or extending order to—

(a)the offender subject to the relevant order; and

(b)his parent or guardian or, if he is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), a social worker of the authority.

(3)Where an amending order amends a relevant order by substituting a new petty sessions district for the one specified in the relevant order, the clerk to the court must also send to the clerk of petty sessions for the new district—

(a)a copy of the amending order; and

(b)such documents and information relating to the case as he considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

Presence of offender in court, remands etc.

8(1)Where the responsible officer makes an application to a court under paragraph 2 or 5, he may bring the offender before the court; and, subject to sub-paragraph (8), a court must not make an order under paragraph 3, 4, 5 or 6 unless the offender is present before the court.

(2)The court to which an application under paragraph 2 or 5 is made, or which is considering exercising its powers under paragraph 6, may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

(3)Where the offender has failed to appear in answer to a summons, the court must not issue a warrant under sub-paragraph (2) for his arrest unless it is proved that—

(a)the summons was duly served on him;

(b)he is evading service; or

(c)the summons cannot be served on him.

(4)Where the offender has failed to appear at an adjourned hearing, the court must not issue a warrant under sub-paragraph (2) unless it is satisfied that reasonable steps have been taken to bring to his attention notice of the time and place of the adjourned hearing.

(5)Where the offender is arrested under a warrant issued under sub-paragraph (2) and cannot be brought immediately before the court by which the warrant was issued, the person in whose custody he is—

(a)may make arrangements for his detention in a place of safety for a period of not more than 72 hours from the time of the arrest (and it is lawful for him to be detained under the arrangements); and

(b)must within that period bring him before the Crown Court (if the warrant was issued by that court and it is reasonably practicable to bring him before that court within that period) or (otherwise) a youth court.

(6)Where an offender is brought under sub-paragraph (5)(b) before a youth court which is not the court by which the warrant was issued, that youth court may—

(a)direct that he be immediately released on bail until he can appear before the court by which the warrant was issued; or

(b)remand him to the place to which it would remand him if making an order under Article 13, or (if he is aged 18 or over) to a remand centre, until he can be brought before that court.

(7)Where an application is made to a court under paragraph 2 or 5, or a court is considering exercising its powers under paragraph 6, the court may remand (or further remand) the offender as specified in sub-paragraph (6)(b) if—

(a)a warrant has been issued under sub-paragraph (2) for the purpose of securing his attendance before the court; or

(b)the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers.

(8)A court may make an order under paragraph 5 in the absence of the offender if the effect of the order is confined to one or more of the following—

(a)revoking the relevant order;

(b)cancelling a requirement of the relevant order;

(c)reducing the period of any requirement;

(d)substituting a new petty sessions district for the one specified in the relevant order; and

(e)substituting a new responsible officer for the one specified in the relevant order.”

Section 63

SCHEDULE 11Extension of youth justice system to 17 year olds

Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))

1In 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”.

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

2In 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”.

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

3In Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders)—

(a)in sub-paragraph (a), for “seventeen” substitute “eighteen”, and

(b)in the heading of Table A, for “17” substitute “18”.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

4In Article 45(4) of the Magistrates' Courts (Northern Ireland) Order 1981 (summary trial of persons 17 or over), for “seventeen” substitute “eighteen”.

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

5In 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”.

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))

6In 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”.

Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24))

7The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

8In 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”.

9In Article 6(2) (effect of discharge where offender 17 or over), for “17” substitute “18”.

10In 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”.

11In 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”.

12In Article 21(3) (court not to dispense with need for pre-sentence report before passing custodial sentence on person under 17 unless it relies on previous report), for “17” substitute “18”.

13In 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”.

14In Article 31(3) (false statements as to financial circumstances in cases where persons charged are under 17), for “17” substitute “18”.

15In Article 34(2) (copy of report of probation officer to be given to parent or guardian of offender under 17), for “17” substitute “18”.

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

16The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

17In Article 2(2) (interpretation), in the definitions of “adult” and “child”, for “17” substitute “18”.

18In Article 30(2) and (3) (powers of youth court where child becomes an adult), for “17” substitute “18”.

19In Article 45 (punishment of certain grave crimes)—

(a)in paragraph (1), for “under the age of 18” substitute “a child”,

(b)in paragraphs (4) and (5), for “person” substitute “child”, and

(c)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”.

20In 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”.

21In Article 54 (escapes from juvenile justice centres)—

(a)in paragraph (1), for “under the age of 18” substitute “still a child”,

(b)omit paragraph (3)(b), and

(c)in paragraph (4), for “paragraph (3)(b)(ii) or (c)” substitute “paragraph (3)(c)”.

Terrorism Act 2000 (c. 11)

22The Terrorism Act 2000 has effect subject to the following amendments.

23In section 70(5) (young persons charged with scheduled offence and held in custody), for “seventeen” substitute “eighteen”.

24In section 78(3) (punishment of children on conviction on indictment of scheduled offence), for “17” substitute “18”.

Section 85

SCHEDULE 12Minor and consequential amendments

Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))

1Section 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”.

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

2Section 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”.

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

3The County Courts Act (Northern Ireland) 1959 has effect subject to the following amendments.

4(1)Section 102 (appointment and assignment of judges) is amended as follows.

(2)In subsection (4) (assignment of one judge to each division), for “one judge” substitute “one or more judges”.

(3)In subsection (5) (judge assigned to Belfast or Londonderry to be Recorder), after “judge” insert “, or (if more than one) one of the judges,”.

5In 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”.

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

6Sections 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”.

Law Commissions Act 1965 (c. 22)

7The Law Commissions Act 1965 has effect subject to the following amendments.

8In section 1(1) (purpose of Law Commission), after “of the law” insert “of England and Wales”.

9In 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”.

Administration of Justice Act 1973 (c. 15)

10The Administration of Justice Act 1973 has effect subject to the following amendments.

11In 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”.

12In 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)”.

Judicature (Northern Ireland) Act 1978 (c. 23)

13For section 14(1) of the Judicature (Northern Ireland) Act 1978 (vacation of office) substitute—

“(1)The Lord Chief Justice or a Lord Justice of Appeal may vacate his office by resignation in writing under his hand addressed to Her Majesty.

(1A)A judge of the High Court may vacate his office by resignation in writing under his hand addressed to the Office of the First Minister and deputy First Minister.”

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

14In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders), after sub-paragraph (b) insert—

“(ba)a custody care order under Article 44A of that Order of 1998;”.

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

15(1)Section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal to Court of Appeal) is amended as follows.

(2)In subsection (2)—

(a)in paragraph (a), after “1996” insert “or a youth conference order”, and

(b)in paragraph (b), after “community order” insert “or the youth conference order”.

(3)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)”.

(4)After that subsection insert—

“(3A)A person may appeal to the Court of Appeal against a decision under paragraph 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) not to revoke an order which is in force with respect to him; and on such an appeal the Court of Appeal may do anything which the Crown Court could do under that paragraph.

(3B)A person may appeal to the Court of Appeal against the dismissal of an application to the Crown Court under paragraph 5 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) to make an order under sub-paragraph (1) of that paragraph.”

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

16The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 has effect subject to the following amendments.

17In Article 1(3) (power to bring into force paragraphs 1(b) and 5 of Part 1 of Schedule 1 to that Order), for “Paragraphs 1(b) and 5” substitute “Paragraph 1(b)”.

18In Article 4(2) (relationship between legal advice and assistance and legal aid), after sub-paragraph (a) insert—

“(aa)at a time when—

(i)the Legal Aid Committee has informed him that legal aid is available to him in connection with those proceedings under a direction given under Article 10A(1)(a); or

(ii)the Lord Chancellor has informed him that legal aid is available to him in connection with those proceedings under a direction given under Article 10A(1)(b),

and he has not been informed by the Legal Aid Committee or the Lord Chancellor that such legal aid has ceased to be so available; or”

19In Article 13(3) (remuneration of persons giving legal aid), for “Article 10(6)(b)” substitute “Article 15A(b)”.

20After Article 15 insert—

“Position of providers, parties etc.

15ALegal aid not to affect normal rules

Except as expressly provided by this Part or by regulations made under it—

(a)the fact that the services of counsel or a solicitor are given by way of legal aid does not affect the relationship between or rights of counsel, solicitor and client or any privilege arising out of such a relationship; and

(b)the rights conferred by or under this Part on a person receiving legal aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.”

21In Article 26(3) (indemnity), after “12” insert “or a direction under Article 10A(1)”.

22In Article 27 (interpretation), after the definition of “legal aid” insert—

• ““Legal Aid Committee” means the committee of the Council of the Law Society established under Article 18;”.

23In Article 28(2) (free legal aid in the magistrates' court: representation by counsel), for “proceedings” substitute “defence”.

24In Article 31 (resolution of doubts), after “28,” insert “28A,”.

25In Article 32 (statements for purposes of free legal aid), after “28,” insert “28A,”.

26In Article 36(3) (rules about free legal aid in criminal proceedings), after sub-paragraph (b) insert—

“(bb)the form for the purpose of Article 28A(2)(a);”.

27In Article 39 (interpretation of Part 3)—

(a)after the definition of “the certifying authority” insert—

• ““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;,”

(b)in the definition of “criminal aid certificate” after “28(1),” insert “28A(3),”, and

(c)after that definition insert—

• ““diversionary youth conference” has the meaning assigned to that expression by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

28In the heading of Schedule 1 (proceedings for which legal aid may be given) for “PART 2 OF THIS ORDER” substitute “ARTICLE 9”.

Magistrates' Courts (Northern Ireland) Order 1981 (S.I 1981/1675 (N.I. 26))

29The Magistrates' Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

30In Article 47(6) (period of remand), after “1998” insert “; and

(ba)a custody care order within the meaning of that Order.”

31(1)Article 140 (appeals to county court) is amended as follows.

(2)In paragraph (2), for “made on conviction,” substitute “passed on the person for the offence, whether on conviction or in subsequent proceedings,”.

(3)After that paragraph insert—

“(2A)A person may appeal to a county court against—

(a)a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

(b)the dismissal of an application under Part 3 or 4 of that Schedule;

(c)a fine imposed, or an order made, under Article 41(2) or 44F(3) or (4) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

(d)an order made under Article 44C(3)(a) or 54(3)(a) of that Order;

(e)an order made under paragraph 3 of Schedule 1A to that Order; or

(f)the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph.”

Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))

32The Child Abduction (Northern Ireland) Order 1985 has effect subject to the following amendments.

33In 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.”

34(1)Paragraph 4 of the Schedule (modifications of Article 3 for children in certain cases) is amended as follows.

(2)In sub-paragraph (1), after “order” insert “or a custody care order”.

(3)In sub-paragraph (2)(a)—

(a)after “consent of” insert “, in the case of a juvenile justice centre order,”, and

(b)after “juvenile justice centre” insert “or, in the case of a custody care order, the appropriate authority within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998”.

(4)In sub-paragraph (3), insert at the end “and “custody care order” has the same meaning as in Article 44A of that Order.”

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4))

35The Mental Health (Northern Ireland) Order 1986 has effect subject to the following amendments.

36In 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.”

37In Article 50A(7) (remitting persons for trial following detention in hospital)—

(a)after sub-paragraph (d) insert “; or

(e)to secure accommodation;”, and

(b)for “or juvenile justice centre” substitute “, juvenile justice centre or secure accommodation”.

38In 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)”.

39(1)Article 56 (further provision as to prisoners under sentence) is amended as follows.

(2)In paragraph (1)—

(a)for “or juvenile justice centre” substitute “, juvenile justice centre or secure accommodation”, and

(b)in sub-paragraph (b), after “juvenile justice centre” insert “or the authority providing the secure accommodation”.

(3)In paragraph (3), for “or juvenile justice centre” substitute “, juvenile justice centre or secure accommodation”.

40(1)Article 61 (interpretation) is amended as follows.

(2)In paragraph (1A)—

(a)for “means any juvenile justice centre,” substitute “means any young offenders centre, any juvenile justice centre, any secure accommodation,”, and

(b)insert at the end “; and in this paragraph “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.)).”

(3)After paragraph (1A) insert—

“(1B)In this Part “secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)) for the purpose of restricting liberty.”

Criminal Justice Act 1988 (c. 33)

41In 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”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

42The Police and Criminal Evidence (Northern Ireland) Order 1989 has effect subject to the following amendments.

43(1)Article 2(2) (interpretation) is amended as follows.

(2)After the definition of “items subject to legal privilege” insert—

• ““juvenile justice centre” has the same meaning as in the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

(3)After the definition of “recordable offence” insert—

• ““secure accommodation” means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995) for the purpose of restricting liberty;”.

(4)At the end insert—

““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.));”.

44In Article 2(5) (definition of “custodial establishment”), after “juvenile justice centre” insert “, secure accommodation”.

45In Article 19(1)(ca) (entry for purpose of arrest), after “juvenile justice centre” insert “or secure accommodation”.

46In 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,”.

Child Support Act 1991 (c. 48)

47In paragraph 8 of Schedule 4 to the Child Support Act 1991 (application to Northern Ireland of provisions about Child Support Commissioners), after sub-paragraph (a) insert—

“(aa)paragraph 1(3) were omitted;”.

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

48In 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”.

Criminal Appeal Act 1995 (c. 35)

49(1)Section 22 of the Criminal Appeal Act 1995 (meaning of public body etc.) is amended as follows.

(2)In subsection (3)(a), for “Office of the Director of Public Prosecutions for Northern Ireland” substitute “Public Prosecution Service for Northern Ireland”.

(3)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”.

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

50The Children (Northern Ireland) Order 1995 has effect subject to the following amendments.

51In Article 70(7) (provisions which do not apply to those providing refuges for children at risk), after sub-paragraph (b) insert—

“(bb)Article 44C(5) of that Order (escape by child ordered to be kept in secure accommodation under a custody care order);”.

52In 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,”.

Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))

53(1)Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service) is amended as follows.

(2)After “Members of the Northern Ireland Court Service.” insert—

“Court security officers.”

(3)For “The Director of Public Prosecutions for Northern Ireland and members of his staff.” substitute—

“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.”

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

54The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

55(1)Article 2(2) (interpretation) is amended as follows.

(2)In the definition of “community order”, after paragraph (c) insert—

“(ca)a reparation order;

(cb)a community responsibility order;”.

(3)After that definition insert—

• ““community responsibility order” means an order under Article 36E of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);”.

(4)In the definition of “custodial sentence”, insert at the end—

“(iv)an order under Article 44A of that Order sending the offender to secure accommodation;”.

(5)After the definition of “probation period” insert—

• ““reparation order” means an order under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

(6)After the definition of “young offenders centre” insert—

• ““youth conference order” means an order under Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998;”.

56In Article 9(3) (procedural requirements for community orders), at the end insert—

“(ca)a reparation order; and

(cb)a community responsibility order.”

57In Article 18(1) (restriction on imposing sentences of imprisonment or detention on persons not legally represented), after “order” insert “or custody care order”.

58In 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”.

59(1)Schedule 2 (enforcement of community orders) is amended as follows.

(2)In paragraph 11(3)—

(a)after “committed to” insert “secure accommodation or”, and

(b)after “assistance to” insert “the authority keeping the child in secure accommodation,”.

(3)In paragraph 18(3)—

(a)after “committed to” insert “secure accommodation or”, and

(b)after “assistance to” insert “the authority keeping the child in secure accommodation,”.

Sex Offenders Act 1997 (c. 51)

60In section 4(1) of the Sex Offenders Act 1997 (young sex offenders), for paragraph (c) substitute—

“(c)a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9));

(ca)a period for which a person is ordered to be kept in secure accommodation under Article 44A of that Order;”.

Police (Northern Ireland) Act 1998 (c. 32)

61In section 42(3) of the Police (Northern Ireland) Act 1998 (copies of reports of inspectors of constabulary relating to Police Service etc.), insert at the end (but not as part of paragraph (b))—

“and, if the report was received under section 41(2), to the Chief Inspector of Criminal Justice in Northern Ireland.”

Northern Ireland Act 1998 (c. 47)

62The Northern Ireland Act 1998 has effect subject to the following amendments.

63In section 75(3) (duty on public authorities to have regard to need to promote equality of opportunity and good relations between different groups), after paragraph (cd) (inserted by section 38 of this Act) insert—

“(ce)the Chief Inspector of Criminal Justice in Northern Ireland;

(cf)the Northern Ireland Law Commission;”.

64In section 76(7) (discrimination by public authorities), after “Probation Board for Northern Ireland;” insert—

“(fa)the Chief Inspector of Criminal Justice in Northern Ireland;

(fb)the Northern Ireland Law Commission;”.

65(1)Schedule 3 (reserved matters) is amended as follows.

(2)In paragraph 1 (conferral of functions on Ministers of the Crown), insert at the end “apart from the Advocate General for Northern Ireland”.

(3)In paragraph 9 (criminal law, prosecutions etc.), after the second sentence insert—

“This paragraph does not include any matter concerning the Advocate General for Northern Ireland.”

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

66The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

67(1)Article 2 (interpretation) is amended as follows.

(2)In paragraph (2), in the definitions of “community order”, “community sentence” and “custodial sentence”—

(a)insert at the beginning ““combination order”,”, and

(b)after ““community sentence”” insert “, “community service order””.

(3)After those definitions insert—

• ““community responsibility order” means an order under Article 36E;

• “custody care order” means an order under Article 44A;”.

(4)In that paragraph, after the definition of “custody officer” insert—

• ““Director” means the Director of Public Prosecutions for Northern Ireland;”.

(5)In that paragraph, after the definition of “notice” insert—

• ““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);”.

(6)In that paragraph, after the definition of “parental responsibility” insert—

• ““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);”.

(7)In that paragraph, after the definition of “relative” insert—

• ““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”—

  (a)

  in relation to an offender subject to a reparation order, has the meaning assigned to it by Article 36D(2);

  (b)

  in relation to an offender subject to a community responsibility order, has the meaning assigned to it by Article 36E(4); and

  (c)

  in relation to an offender subject to a youth conference order, has the meaning assigned to it by Article 36K(3);

• “secure accommodation” means accommodation provided for the purpose of restricting liberty;”.

(8)At the end of that paragraph insert—

• ““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.”

(9)After paragraph (3) insert—

“(4)References in this Order to an offence punishable, in the case of an adult, with imprisonment are to be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of adults who are under the age of 21.

(5)References in this Order to associated offences are to be construed in accordance with Article 2(7) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24).”

68In 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”.

69(1)Article 13 (remand in custody) is amended as follows.

(2)In paragraph (1), for the words after “open court” substitute “and—

(a)if the child has not attained the age of 14, shall make an order committing him to secure accommodation provided by or on behalf of the appropriate authority;

(b)if the child has attained the age of 14 but has not attained the age of 17, shall (subject to paragraph (1A)) make an order committing him to a juvenile justice centre; and

(c)if the child has attained the age of 17, shall (subject to paragraph (1B)) make an order committing him to a young offenders centre.”

(3)After that paragraph insert—

“(1A)In the case of a child who has attained the age of 15 but has not attained the age of 17 the court shall make an order committing him to a young offenders centre (and not an order committing him to a juvenile justice centre) if it considers that he is likely to injure himself or another person.

(1B)In the case of a child—

(a)who has attained the age of 17 but who, at the time of the court’s first decision in respect of the offence in question not to release him on bail, has not attained the age of 17 years and six months; and

(b)who has not had a custodial sentence imposed on him within the last two years,

the court shall make an order committing him to a juvenile justice centre (and not an order committing him to a young offenders centre) if, after considering a report made by a probation officer, it considers that it is in his best interests to make such an order.

(1C)An order under this Article shall commit the child for the period for which he is remanded or until he is brought back before the court.”

70In Article 30(3) (powers of youth court when child becomes adult)—

(a)after “a community order” insert “, a youth conference order”, and

(b)after “the community order” (in both places) insert “or youth conference order”.

71In 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.”

72In Article 39(1) (juvenile justice centre orders)—

(a)after “a child” insert “who has attained the age of 14”, and

(b)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”.

73(1)Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows.

(2)In paragraph (2)—

(a)for “in any of” substitute “in either of”,

(b)for sub-paragraph (a) substitute—

“(a)it may impose on him a fine not exceeding £1,000;”, and

(c)for paragraphs (i) and (ii) of sub-paragraph (b) substitute—

“(i)in a juvenile justice centre if he has not attained the age of 17 or falls within paragraph (2A); or

(ii)in a young offenders centre in any other case.”

(3)After that paragraph insert—

“(2A)The offender falls within this paragraph if he—

(a)has attained the age of 17;

(b)has not attained the age of 18 and will not attain that age within the next 30 days; and

(c)has not had a custodial sentence (other than the juvenile justice centre order in question) imposed on him within the last two years,

and the court, after considering a report made by a probation officer, considers that it is in his best interests to order him to be detained in a juvenile justice centre (and not in a young offenders centre).

(2B)Where the court imposes a fine on the offender under paragraph (2)(a)—

(a)if he has not attained the age of 16, it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing; and

(b)if he has attained that age but has not attained the age of 18, it may so order.

(2C)A fine ordered under paragraph (2B) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the juvenile justice centre order was made.

(2D)A parent or guardian may appeal to a county court against an order under paragraph (2B).”

74In 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”.

75In Article 56(5)(a) (power to provide for functions of Juvenile Justice Board to include power to make schemes for children subject to attendance centre orders or juvenile justice centre orders), after “subject to” insert “reparation orders, community responsibility orders, a youth conference plan,”.

Northern Ireland Act 2000 (c. 1)

76The Northern Ireland Act 2000 has effect subject to the following amendments.

77In section 1(4) (effect on offices of suspension of devolved government), after “junior Minister,” insert “as Attorney General for Northern Ireland”.

78In section 3 (restoration of devolved government), insert at the end—

“(8)If the period of appointment of the person who held office as Attorney General for Northern Ireland immediately before the date on which section 1 came into force has not expired, he resumes office on the effective date.”

79In the Schedule (provisions applicable during suspension of devolved government), after paragraph 5 insert—

“5AIf the office of Attorney General is vacant at the time when section 1 comes into force, or becomes vacant at any time while that section is in force, no steps are to be taken to fill the vacancy while that section is in force; but if a restoration order is subsequently made, the vacancy is to be filled in accordance with section 22 of the Justice (Northern Ireland) Act 2002.”

Terrorism Act 2000 (c. 11)

80In 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”.

Regulatory Reform Act 2001 (c. 6)

81In section 5(1)(c) of the Regulatory Reform Act 2001 (consultation with Law Commission or Scottish Law Commission before making of order under section 1), for “or the Scottish Law Commission” substitute “, the Scottish Law Commission or the Northern Ireland Law Commission”.

Section 86

SCHEDULE 13Repeals and revocations