Justice Act (Northern Ireland) 2015

PART 1 — SINGLE JURISDICTION FOR COUNTY COURTS AND MAGISTRATES' COURTS

Child protection disclosures

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• (1) Northern Ireland is no longer to be divided into county court divisions and petty sessions districts.

• (2) The jurisdiction and powers of a county court or a magistrates' court are exercisable throughout the whole of Northern Ireland.

Administrative court divisions

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• (1) The Department, after consultation with the Lord Chief Justice, shall by directions divide Northern Ireland into areas to be known as administrative court divisions.

• (2) The directions may specify different administrative court divisions for different courts and for different purposes of the same court and, in particular, may specify administrative court divisions—

• (a) for all purposes of a court;

• (b) for specified purposes of a court (for example for the purposes of a county court sitting as a family care centre or a court of summary jurisdiction sitting as a family proceedings court);

• (c) for the residual purposes of a court (that is to say for all purposes other than those dealt with under paragraph (b)).

• (3) For the purposes of this section “court” means—

• (a) a county court;

• (b) a magistrates' court.

• (4) Each administrative court division established by directions under this section is to be known by such name as is specified in the directions.

Directions as to distribution of business

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• (1) The Lord Chief Justice may give directions as to—

• (a) the distribution of the business of county courts among such courts;

• (b) the transfer of such business from one county court to another;

• (c) the distribution of the business of magistrates' courts among such courts;

• (d) the transfer of such business from one magistrates' court to another.

• (2) For the purpose of subsection (1) “the business of county courts” includes—

• (a) all such proceedings and matters whatsoever (whether civil or criminal) as under any statutory provision are to be heard by a county court (of any description);

• (b) all such other things as under any statutory provision are to be done by, or in relation to, a county court (of any description).

• (3) For the purpose of subsection (1) “the business of magistrates' courts” includes—

• (a) all such proceedings and matters whatsoever (whether civil or criminal) as under any statutory provision are to be heard by a magistrates' court (of any description);

• (b) all such other things as under any statutory provision are to be done by, or in relation to a magistrates' court (of any description).

• (4) The Department may give directions as to—

• (a) the distribution among chief clerks of the functions exercisable under any statutory provision by a chief clerk;

• (b) the distribution among clerks of petty sessions of the functions exercisable under any statutory provision by a clerk of petty sessions.

• (5) In any statutory provision—

• (a) a reference, in connection with any proceedings or matter, to the chief clerk is a reference to the chief clerk who, in accordance with directions under subsection (4), is to act in relation to those proceedings or that matter;

• (b) a reference, in connection with any proceedings or matter, to the clerk of petty sessions is a reference to the clerk of petty sessions who, in accordance with directions under subsection (4), is to act in relation to those proceedings or that matter.

Lay magistrates

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• (1) The Northern Ireland Judicial Appointments Commission must appoint persons to be lay magistrates.

• (2) A lay magistrate shall—

• (a) be appointed for an administrative court division which is specified under section 2 for all or the residual purposes of a magistrates' court; but

• (b) have as regards the whole of Northern Ireland the jurisdiction and duties which immediately before commencement were vested in or imposed on a lay magistrate as regards a county court division.

• (3) Accordingly, so much of any existing statutory provision as requires or authorises anything to be done by, or in relation to, a lay magistrate acting for a particular county court division shall be disregarded; and that thing may be done by, or in relation to, any lay magistrate.

• (4) A lay magistrate shall sit in courts in accordance with directions given by the Lord Chief Justice; and in giving such directions the Lord Chief Justice is to have regard to the desirability of a lay magistrate sitting in courts held in reasonable proximity to where the lay magistrate lives or works.

• (5) A person may not be appointed to be a lay magistrate unless that person—

• (a) has completed a course of training approved by the Lord Chief Justice after consultation with the Department, or

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

• (6) It is a condition of the appointment of a person under subsection (5)(b) that the person will complete such a course of training within the period of one year beginning with the date of appointment or such longer period as the Lord Chief Justice may, after consulting the Department, allow.

• (7) The Department may, after consultation with the Lord Chief Justice, by order make further provision about eligibility for appointment as a lay magistrate.

• (8) The provision which may be made by an order under subsection (7) includes (in particular) provision that a person (“P”) may not be appointed to be a lay magistrate—

• (a) if P, or a person related to or otherwise connected with P in a prescribed manner—

• (i) holds an office of a prescribed description,

• (ii) has an occupation of a prescribed description, or

• (iii) has been selected as a candidate for election to a prescribed body,

• (b) if P is, under the law of any part of the United Kingdom—

• (i) an undischarged bankrupt or a person whose estate has been sequestered under an order which has not been discharged,

• (ii) subject to a bankruptcy restrictions order or an interim bankruptcy restrictions order, or

• (iii) subject to a moratorium period under a debt relief order or subject to a debt relief restrictions order or an interim debt relief restrictions order,

• (c) if P has been convicted of a prescribed offence, or

• (d) if P does not live or work in, or within a prescribed distance of, the administrative court division for which P is to be appointed,

unless the Department, after consultation with the Lord Chief Justice, otherwise determines in P's particular case.

• (9) In subsection (8) “prescribed” means prescribed in an order under subsection (7).

• (10) An act by a person appointed to be a lay magistrate is not invalidated by reason only that that person is not a lay magistrate because that person was not eligible to be appointed.

• (11) A lay magistrate ceases to hold office on attaining the age of 75 .

• (12) An act by a person who has been a lay magistrate is not invalidated by reason only that that person has ceased to hold office under subsection (11).

• (13) The Department must pay to lay magistrates any such allowances as it may determine.

• (14) 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.

Justices of the peace

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• (1) There shall be a commission of the peace for Northern Ireland—

• (a) issued under the Great Seal of Northern Ireland; and

• (b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for Northern Ireland.

• (2) Justices of the peace for Northern Ireland—

• (a) shall be appointed by the Department by instrument on behalf and in the name of Her Majesty, and

• (b) may be removed from office in the same manner.

• (3) A justice of the peace shall have as regards the whole of Northern Ireland the jurisdiction and duties which immediately before commencement were vested in or imposed on a justice of the peace as regards a county court division.

• (4) Accordingly, so much of any existing statutory provision as requires or authorises anything to be done by, or in relation to, a justice of the peace acting for a particular county court division shall be disregarded; and that thing may be done by, or in relation to, any justice of the peace.

• (5) The Department shall make arrangements—

• (a) for keeping a copy of any instrument appointing or removing a justice of the peace; and

• (b) for keeping, and from time to time rectifying, a record of all persons for the time being holding office as justice of the peace.

Consequential amendments

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• (1) Schedule 1 (which contains amendments consequential on the preceding provisions of this Part) has effect.

• (2) The Department may by order make such supplementary, incidental or consequential provision as it considers appropriate in consequence of, or for giving full effect to, this Part.

• (3) An order under subsection (2) may amend, repeal, revoke or otherwise modify any statutory provision.

PART 2 — COMMITTAL FOR TRIAL

CHAPTER 1 — RESTRICTION ON HOLDING OF PRELIMINARY INVESTIGATIONS AND MIXED COMMITTALS

Preliminary investigations

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Mixed committals: evidence on oath at preliminary inquiry

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CHAPTER 2 — DIRECT COMMITTAL FOR TRIAL IN CERTAIN CASES

Application of this Chapter

Application of this Chapter

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• (1) Subject to subsection (3), this Chapter applies where a person (“the accused”) appears or is brought before a magistrates' court charged with an offence and one of the conditions mentioned in subsection (2) is satisfied.

• (2) Those conditions are—

• (a) that the offence is an offence triable only on indictment; or

• (aa) that the offence is an indictable offence to which Article 45 of the Magistrates' Courts (Northern Ireland) Order 1981 or Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies; or

• (b) that the offence is a summary offence and—

• (i) the accused claims, in accordance with Article 29 of the Magistrates' Courts (Northern Ireland) Order 1981 or any other statutory provision, to be tried on indictment;

• (ii) the prosecutor exercises any right conferred by any statutory provision to claim that the accused is to be tried on indictment; or

• (iii) it is otherwise determined that the accused is to be tried on indictment.

• (3) But this Chapter does not apply where—

• (a) notice has been given in relation to the offence under Article 3 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 or Article 4 of the Children's Evidence (Northern Ireland) Order 1995;

• (b) in the case of an adult, the court is to deal summarily with the offence under Article 45 of the Magistrates' Courts (Northern Ireland) Order 1981;

• (c) in the case of a child, the court is to deal summarily with the offence under Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998.

• (4) In this section “summary offence” has the meaning given by Article 2(2) of the Magistrates' Courts (Northern Ireland) Order 1981.

Direct committal for trial: guilty pleas

Direct committal: indication of intention to plead guilty

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• (1) Where—

• (a) this Chapter applies in relation to an accused charged with an offence,

• (b) the court has not begun to conduct committal proceedings in relation to the offence, and

• (c) the accused indicates to the court an intention to plead guilty to the offence,

the court shall forthwith commit the accused to the Crown Court for trial for the offence (and accordingly shall not conduct committal proceedings in relation to that offence).

• (2) Where the court commits an accused for trial for an offence under this section, the functions of the court then cease in relation to that offence, except as provided by—

• (a) the following provisions of this section;

• (b) section 13; or

• (c) Article 29(2)(a) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 or any regulations under Article 26(3) of the Access to Justice (Northern Ireland) Order 2003.

• (3) A court committing an accused for trial for an offence under this section may order—

• (a) the making of such inquiries, and

• (b) the preparation, and sending to the Crown Court sitting at the specified place of trial, of such reports,

as appear to the court to be appropriate in connection with the sentencing of the accused for that offence (should the accused plead guilty to that offence on arraignment in the Crown Court).

• (4) Where—

• (a) an accused is committed for trial for an offence under this section, and

• (b) on arraignment the accused does not plead guilty to the offence,

the Crown Court shall make an order annulling the committal for trial of the accused for that offence.

• (5) Where the Crown Court makes an order under subsection (4)—

• (a) any count in the indictment relating to the charge for that offence against the accused is quashed;

• (b) subject to subsection (6), the magistrates' court shall again have the functions in relation to the accused and the offence which it would have had if the accused had not been committed for trial under this section (and the proceedings against the accused shall, as far as practicable, resume from the point immediately before the accused was committed for trial);

• (c) the Crown Court shall remand the accused, in custody or on bail, to appear before the magistrates' court as soon as is practicable;

• (d) the annulment of the committal for trial does not affect the lawfulness of anything done on foot of that committal (such as the remanding of the accused in custody or on bail).

• (6) Subsection (1) does not apply where a magistrates' court resumes proceedings against an accused under subsection (5).

Direct committal for trial: specified offences

Direct committal: specified offences

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• (1) Where—

• (a) this Chapter applies in relation to an accused charged with an offence, and

• (b) the offence is a specified offence,

the court shall forthwith commit the accused to the Crown Court for trial for the offence (and accordingly shall not conduct committal proceedings in relation to that offence).

• (2) Where the court commits an accused for trial for an offence under this section, the functions of the court then cease in relation to that offence, except as provided by—

• (a) section 13; or

• (b) Article 29(2)(a) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 or any regulations under Article 26(3) of the Access to Justice (Northern Ireland) Order 2003.

• (3) For the purposes of this Chapter a specified offence is—

• (a) murder;

• (b) manslaughter;

• (c) an offence—

• (i) of aiding, abetting, counselling, procuring or inciting the commission of an offence specified above;

• (ii) of conspiring to commit an offence so specified;

• (iii) of attempting to commit an offence so specified;

• (iv) under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence specified above.

• (4) The Department may by order amend subsection (3).

Direct committal for trial: offences related to specified offences

Direct committal: offences related to specified offences

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• (1) Where—

• (a) this Chapter applies in relation to an accused (“A”) who—

• (i) is charged with an offence (“offence A”) which is not a specified offence, and

• (ii) is not also charged with a specified offence,

• (b) A appears or is brought before the court on the same occasion as another person (“B”) charged with a specified offence,

• (c) the court commits B for trial for the specified offence under section 11, and

• (d) offence A appears to the court to be related to the specified offence for which the court commits B for trial,

the court shall forthwith commit A to the Crown Court for trial for offence A.

• (2) Where—

• (a) this Chapter applies in relation to an accused (“A”) who—

• (i) is charged with an offence (“offence A”) which is not a specified offence, and

• (ii) is not also charged with a specified offence,

• (b) on a previous occasion another person (“B”) has appeared or been brought before the court charged with a specified offence,

• (c) the court has on that occasion committed B for trial for the specified offence under section 11, and

• (d) offence A appears to the court to be related to the specified offence for which the court committed B for trial,

the court may forthwith commit A to the Crown Court for trial for offence A if the court considers that it is necessary or appropriate in the interests of justice to do so.

• (3) Where the court commits the accused for trial for an offence under this section—

• (a) it shall accordingly not conduct committal proceedings in relation to that offence; and

• (b) the functions of the court then cease in relation to that offence, except as provided by—

• (i) section 13; or

• (ii) Article 29(2)(a) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 or any regulations under Article 26(3) of the Access to Justice (Northern Ireland) Order 2003.

• (4) For the purposes of this section an offence is related to a specified offence if a count charging the offence could be included in the same indictment as a count charging the specified offence.

Direct committal for trial: procedures

Direct committal: procedures

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