Justice (Northern Ireland) Act 2002

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,

• (c) Northern Ireland Ministers, and

• (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;

• (c) any international court.

• (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

• (c) altering the description of an office.

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

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

• (5) In this Act—

• ...

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

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

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,

• (c) a county court judge,

• (d) a resident magistrate, and

• (e) a lay magistrate.

• (7) A person may not be appointed to be a lay member unless he has declared in writing his commitment to non-violence and exclusively peaceful and democratic means.

• (8) 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;

• (c) if the tribunal was convened by the Northern Ireland Judicial Appointments Ombudsman, the Ombudsman.

• (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

• (c) a lay member of the Commission (see section 3(5)(c)).

• (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,

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

• (d) the function under section 21(3) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (committal where offence committed during suspended sentence etc.),

• (e) the function under Article 5(4) of the Treatment of Offenders (Northern Ireland) Order 1976 (S.I. 1976/226 (N.I. 4)) (committal where offence committed after early discharge),

• (f) the functions under section 51(8) of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal etc. of person in custody in pursuance of Crown Court warrant),

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

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

• (i) the function of granting a criminal aid certificate in respect of a person where the lay magistrate is dealing, or has previously dealt, with him by virtue of paragraph (b), (c) or (g), and

• (j) the function of granting a criminal aid certificate in relation to an appeal against anything done by a lay magistrate by virtue of paragraph (c) or (g).

• (4) The Lord Chancellor may , 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

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

“appropriate lay magistrate” means a lay magistrate for the county court division for which the county court is held or any other county court division which adjoins that county court division;

.

• (3) In Article 165(2)(i) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) (rules of court: discharge of functions of court of summary jurisdiction by member of juvenile court panel), for “member of a juvenile court panel” substitute “ lay magistrate ”.

Lord Chief Justice

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