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Justice (Northern Ireland) Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2024-11-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part 1 — The Judiciary

General

Guarantee of continued judicial independence

1

(1) The following persons must uphold the continued independence of the judiciary—

(a) the First Minister,

(b) the deputy First Minister,

(d) all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Northern Ireland.

(2) The following particular duty is imposed for the purpose of upholding that independence.

(3) The First Minister, the deputy First Minister and Northern Ireland Ministers must not seek to influence particular judicial decisions through any special access to the judiciary.

(4) In this section “the judiciary” includes the judiciary of any of the following—

(a) the Supreme Court;

(b) any other court established under the law of any part of the United Kingdom;

(5) In subsection (4) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—

(a) an agreement to which the United Kingdom or Her Majesty's Government in the United Kingdom is a party, or

(b) a resolution of the Security Council or General Assembly of the United Nations.

Appointment and removal

Introductory

2

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

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the offices listed in Schedule 1.

(2) The Lord Chancellor 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

(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.

Repeals and revocations

3

(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 Lord Chancellor.

(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,

(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) It is the duty of—

(a) the Lord Chancellor, and

(b) those responsible for making nominations under subsection (5)(a) and (b),

to make such arrangements in connection with the exercise of their functions under this section as will, so far as is practicable, secure that the membership of the Commission is reflective of the community in Northern Ireland.

Appointment to most senior judicial offices

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment to listed judicial offices

5

Schedule 3 (which is about the making of appointments to listed judicial offices) has effect.

Criminal Justice Act 1988 (c. 33)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

7

(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 Lord Chief Justice.

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

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

(6A) If the Lord Chief Justice does not remove or suspend a person (“P”) in accordance with a recommendation as mentioned in subsection (3) or (4), the Lord Chief Justice must notify the following of the Lord Chief Justice's reasons for not removing or suspending P—

(a) P;

(b) the tribunal;

(7) Nothing in subsections (1) to (6A) applies to a judge of the High Court appointed before the coming into force of this section (as to the removal and suspension of whom see section 12C of the Judicature (Northern Ireland) Act 1978 (c. 23) ...).

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

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

8

(1) A tribunal to consider the removal of the holder of a listed judicial office may be convened—

(a) by the Lord Chief Justice after consulting the Northern Ireland Judicial Appointments Ombudsman, or

(b) by the Ombudsman after consulting the Lord Chief Justice.

(2) A tribunal is to consist of—

(a) a Lord Justice of Appeal or a judge of the High Court,

(b) a person who holds an office within section 3(6)(a) to (e), and

(3) The persons within subsection (2)(a) and (b) are to be selected by the Lord Chief Justice and the person within subsection (2)(c) is to be selected by the Ombudsman.

(4) Unless the Commission otherwise agrees, the persons within subsection (2)(a) and (b) must be judicial members of the Commission (see section 3(5)(a)).

(5) The person within subsection (2)(a) is to be the chair of the tribunal.

(6) The tribunal's procedure is to be determined by the Lord Chief Justice.

(7) The Department of Justice may pay a member of a tribunal any such allowances or fees as it may determine.

. . .

Lay magistrates

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of functions of justices of the peace

10

(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,

(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 , after consultation with the Lord Chief Justice, 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).

Transfer of functions of lay panellists

11

(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

“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

Role of Lord Chief Justice

12

(1A) The Lord Chief Justice holds the office of President of the Courts of Northern Ireland and is Head of the Judiciary of Northern Ireland.

(1B) As President of the Courts of Northern Ireland he is responsible—

(a) for representing the views of the judiciary of Northern Ireland to Parliament, the Lord Chancellor and Ministers of the Crown generally;

(b) for representing the views of the judiciary of Northern Ireland to the Northern Ireland Assembly, the First Minister and deputy First Minister and Northern Ireland Ministers;

(c) for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary of Northern Ireland within the resources made available by the Lord Chancellor;

(d) for the maintenance of appropriate arrangements for the deployment of the judiciary of Northern Ireland and the allocation of work within courts.

(1C) The President of the Courts of Northern Ireland is president of the courts listed in subsection (1D) and is entitled to sit in any of those courts.

(1D) The courts are—

the Court of Appeal

the High Court

the Crown Court

the county courts

the magistrates' courts.

the coroners' courts

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Presiding county court judge

13

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

(102A) (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.

Presiding resident magistrate

14

(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.

Presiding lay magistrate

15

(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.

Complaints about holders of judicial office

16

(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).

Secretaries to Lord Chief Justice

17

(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 Court of Judicature Rules Committee), for the words from “such persons” to the end substitute “ the Principal Secretary to the Lord Chief Justice and a person designated by the Lord Chancellor. ”

(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

Qualification for appointment

18

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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—

(9) 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 . . . , 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.

Judicial oath or affirmation

19

(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

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

Crown Solicitor

20

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.

21

(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 2 — Law Officers and Public Prosecution Service

Attorney General

22

(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

(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 Court of Judicature 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.

Terms of appointment of Attorney General

23

(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.

Removal of Attorney General

24

(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 high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and

(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 after consultation with all of the following—

(a) the President of the Supreme Court;

(b) the Lord Chief Justice of England and Wales;

(d) the Lord Chief Justice of Northern Ireland.

(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.

Participation by Attorney General in Assembly proceedings

25

(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.

Annual report by Attorney General

26

(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

27

(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—

(21A) The office and functions of the Advocate General for Northern Ireland.

Functions of Advocate General

28

(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

29

(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

(3) The Service is to be funded out of money appropriated for that purpose by Act of the Northern Ireland Assembly.

(4) The Director may appoint staff of the Service, but subject to the approval of the Department of Finance and Personnel as to—

(a) numbers,

(b) salary, and

(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 Court of Judicature;

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.

Director of Public Prosecutions

30

(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 Court of Judicature 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 Court of Judicature 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) There is to be paid (out of money appropriated as mentioned in section 29(3)) to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such—

(a) salary,

(b) allowances, or

as the Department of Finance and Personnel 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.

Conduct of prosecutions

31

(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).

(1A) The Director must take over conduct of all criminal proceedings which are instituted in Northern Ireland by the ICRIR.

(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 and to the ICRIR 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).

(7) In this section “ICRIR” means the Independent Commission for Reconciliation and Information Recovery.

Discontinuance of proceedings before court appearance

32

(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).

Consents to prosecutions

33

(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.

Police complaints

34

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information for Director

35

(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.

Exercise of functions by and on behalf of Service

36

(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 or extradition 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.

Code for Prosecutors

37

(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.

(5A) In preparing or making alterations to a code the Director must also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004.

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

Equality and non-discrimination

38

(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.

Reports by Director

39

(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

Superintendence and removal of Director

40

(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.

Transfer of functions etc.

41

(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 ”.

Independence of Director

42

(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.

Appointment and removal of Director by Attorney General

43

(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 high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and

(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 after consultation with all of the following—

(a) the President of the Supreme Court;

(b) the Lord Chief Justice of England and Wales;

(d) the Lord Chief Justice of Northern Ireland.

(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

Interpretation

44

(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.

(7) For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.

Part 3 — Other New Institutions

Chief Inspector of Criminal Justice

45

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

(2) The Department of Justice must appoint a person to be the Chief Inspector.

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

Functions of Chief Inspector

46

(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,

(aa) the National Crime Agency,

(b) Forensic Science Northern Ireland,

(d) the Public Prosecution Service for Northern Ireland,

(e) the Probation Board for Northern Ireland,

(ea) the Parole Commissioners for Northern Ireland,

(f) the Northern Ireland Prison Service,

(g) the Youth Justice Agency;

(h) any body or person . . . with whom the Department of Justice has made arrangements for the provision of juvenile justice centres or attendance centres,

(ha) the Department of Justice insofar as it is concerned with the operation of the criminal courts,

(hb) the Legal Services Agency Northern Ireland,

(i) ... Health and Social Care Trusts,

(j) the Central Investigation Service within the Department of Agriculture and Rural Development,

(ja) the Veterinary Service Enforcement Branch within the Department of Agriculture and Rural Development,

(k) the Child Maintenance and Enforcement Division,

(l) the Department of Enterprise, Trade and Investment,

(m) the Department of the Environment,

(n) the Health and Safety Executive for Northern Ireland,

(o) the Northern Ireland Tourist Board,

(p) the Police Ombudsman for Northern Ireland,

(q) the Royal Mail Group plc, . . .

(r) the Northern Ireland Social Security Agency.

(s) Belfast International Airport Limited,

(t) Belfast Harbour Commissioners, and

(u) Larne Harbour Limited.

(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.

(3A) An inspection of the National Crime Agency carried out by the Chief Inspector may cover only the exercise of functions of that Agency in Northern Ireland.

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

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

(6) The Department of Justice 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

(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).

Further provisions about functions

47

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

(1A) The Chief Inspector must consult the Secretary of State if—

(a) he proposes to specify an inspection in a programme under subsection (1), and

(b) it appears to him that the inspection would cover activities relating to national security.

(1B) The Chief Inspector must consult the Secretary of State if the Chief Inspector proposes to specify an inspection programme under subsection (1) which includes an inspection of the National Crime Agency.

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

(za) the Department of Justice,

(a) the Secretary of State,

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Attorney General for Northern Ireland.

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

(4) The Department of Justice may require the Chief Inspector to carry out a review of any matter relating to the criminal justice system in Northern Ireland (apart from a matter relating to a court or tribunal).

(4A) The Department of Justice must consult the Secretary of State before requiring the Chief Inspector to carry out an inspection under subsection (3) of the National Crime Agency.

(5) The Department of Justice may not require the Chief Inspector to carry out an inspection or review under subsection (3) or (4) relating (wholly or partly) to the Public Prosecution Service for Northern Ireland without the consent of the Advocate General for Northern Ireland and the Attorney General for Northern Ireland.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(6A) The Chief Inspector may not inspect persons—

(a) making judicial decisions, or

(b) exercising judicial discretion.

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

Powers of inspectors

48

(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

(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.

Reports

49

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

(1A) In this section “protected information” means information the inclusion of which in a report under subsection (1) would be against the public interest on the ground of national security.

(1B) If it appears to the Secretary of State that—

(a) the Chief Inspector is required to prepare a report in compliance with subsection (1), and

(b) the report might contain (or once completed might contain) protected information,

the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State or, if the report is not completed when the requirement is imposed, to refer the report once it is completed.

(1C) The Secretary of State must, within—

(a) the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1B), or

(b) such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.

(1D) If it appears to the Chief Inspector that a report in compliance with subsection (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under subsection (1B), the Chief Inspector must refer the report to the Secretary of State.

(1E) The Secretary of State must, within—

(a) the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1D), or

(b) such longer period as may be agreed between the Secretary of State and the Department of Justice,

notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information.

(1F) Where the Secretary of State has required a report to be referred to him under subsection (1B), or the Chief Inspector is required to refer a report to the Secretary of State under subsection (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except—

(a) in accordance with subsection (1G),

(b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or

(c) after the period mentioned in subsection (1C) or (1E) has expired without any notification being given by the Secretary of State.

(1G) Where the Secretary of State informs the Chief Inspector under subsection (1C) or (1E) that, in the opinion of the Secretary of State, a report contains protected information—

(a) the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information;

(b) the Chief Inspector must exclude that information from the report;

(c) the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a);

(d) the Secretary of State must, either before or as soon as practicable after the report is laid before the Northern Ireland Assembly under subsection (1I), lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a).

(1H) When the Chief Inspector sends a report to the Department of Justice under subsection (1) from which information has been excluded under subsection (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State.

(1I) Where a report is received by the Department of Justice under subsection (1), the Department must—

(a) lay a copy of it before the Northern Ireland Assembly, and

(b) arrange for it to be published.

(1J) But the Department of Justice may exclude a part of a report from the copy so laid or published if, in the opinion of the Department, the laying or publication of the part—

(a) would be against the public interest, or

(b) might jeopardise the safety of any person.

(1K) If the Department of Justice excludes a part of a report from laying or publication, the Department must lay or publish with the report a statement that it has been excluded.

(1L) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment.

(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 Advocate General for Northern Ireland and the Attorney General for Northern Ireland.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Law Commission

50

(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 Department of Justice.

(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 Department of Justice to be suitably qualified to be a Commissioner by experience as a barrister,

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

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

(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 Department of Justice must consult—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

Duties of Commission

51

(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,

(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 Department of Justice (from time to time) programmes for the examination of different branches of that law with a view to reform, including recommendations as to the agency (whether itself or another body) by which any such examination should be carried out,

(c) undertake, pursuant to any such recommendations approved by the Department of Justice, the examination of particular branches of that law and the formulation (by means of draft legislation or otherwise) of proposals for reform of those branches,

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

(e) provide advice and information—

(i) to Northern Ireland departments, and

(ii) with the consent of the Department of Justice, to departments of the Government of the United Kingdom and other authorities or bodies concerned with proposals for the reform or amendment of any branch of the law of Northern Ireland, and

(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 Department of Justice must consult—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) Before approving any programme prepared by the Commission that includes—

(a) the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or

(b) the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter,

the Department of Justice must consult the Secretary of State.

(3B) For the purposes of subsection (3A) “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.

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

(a) the Law Commission,

(b) the Scottish Law Commission, and

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

Reports etc.

52

(1) The Commission must send to the Department of Justice a copy of—

(a) each programme prepared by the Commission and approved by the Department of Justice,

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

(2) The Department of Justice must lay before the Northern Ireland Assembly a copy of each document received by it under subsection (1).

(3) The Commission must send to the Secretary of State a copy of—

(a) any programme prepared by the Commission and approved by the Department of Justice which includes—

(i) the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or

(ii) the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter,

(b) any set of proposals for reform formulated by the Commission pursuant to an approved programme which relate (in whole or in part) to a reserved matter or an excepted matter, and

(4) The Secretary of State must lay before each House of Parliament a copy of each document received by the Secretary of State under subsection (3).

(5) After a copy of a document has been—

(a) laid before the Assembly in accordance with subsection (2), and

(b) if so required by subsection (4), laid before Parliament in accordance with that subsection,

the Commission must arrange for the document to be published.

(6) In this section “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998.

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a copy of a document as it applies in relation to the laying of a statutory document under an enactment.

Part 4 — Youth Justice

Aims

Aims of youth justice system

53

(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—

(a) have the best interests of children as a primary consideration; and

(b) 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

Reparation orders

54

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

(36A) (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. (36B) (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. (36C) (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. (36D) (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.

Community responsibility orders

55

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—

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Justice (Northern Ireland) Act 2002

Part 1 — The Judiciary

General

Guarantee of continued judicial independence

1

Appointment and removal

Introductory

2

Repeals and revocations

3

Appointment to most senior judicial offices

4

Appointment to listed judicial offices

5

Criminal Justice Act 1988 (c. 33)

6

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

7

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

8

. . .

Lay magistrates

9

Transfer of functions of justices of the peace

10

Transfer of functions of lay panellists

11

Lord Chief Justice

Role of Lord Chief Justice

12

Presiding county court judge

13

Presiding resident magistrate

14

Presiding lay magistrate

15

Complaints about holders of judicial office

16

Secretaries to Lord Chief Justice

17

Other provisions

Qualification for appointment

18

Judicial oath or affirmation

19

Crown Solicitor

20

Judicial pensions: pension sharing

21

Part 2 — Law Officers and Public Prosecution Service

Attorney General

Attorney General

22

Terms of appointment of Attorney General

23

Removal of Attorney General

24

Participation by Attorney General in Assembly proceedings

25

Annual report by Attorney General

26

Advocate General

Advocate General

27

Functions of Advocate General

28

Public Prosecution Service

Public Prosecution Service

29

Director of Public Prosecutions

30

Conduct of prosecutions

31

Discontinuance of proceedings before court appearance

32

Consents to prosecutions

33

Police complaints

34

Information for Director