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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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(36E) (1) Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a community responsibility order. (2) A community responsibility order is an order requiring the offender— (a) to attend at a place specified in the order for the number of hours so specified for relevant instruction in citizenship; and (b) to carry out for the number of hours specified in the order such practical activities as the responsible officer considers appropriate in the light of that instruction. (3) “Relevant instruction in citizenship”, in relation to an offender, means instruction dealing with— (a) citizenship (including, in particular, the responsibilities a person owes to the community); (b) the impact of crime on victims; and (c) any factors relating to the offender which may cause him to commit offences. (4) In this Order “responsible officer”, in relation to an offender subject to a community responsibility order, means one of the following who is specified in the order— (a) a probation officer; (b) a social worker of the appropriate authority; and (c) such other person as the Secretary of State may designate. (5) The number of hours specified under paragraph (2)(a) must be not less than one half of the aggregate number of hours specified in the order. (6) The aggregate number of hours specified in the order must be— (a) not less than 20; and (b) not more than 40. (7) Where a court makes community responsibility orders in respect of two or more offences of which the offender has been found guilty by or before the court, it may direct that the hours specified in any of those orders be— (a) concurrent with those specified in any other of those orders; or (b) additional to those so specified. (8) But the total number of hours which are not concurrent must not exceed the maximum specified in paragraph (6)(b). (9) The Secretary of State may by order amend paragraph (6)(a) or (b) (or both). (10) An order under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order. (36F) (1) The court must not make a community responsibility order in respect of the offender unless he consents. (2) The court must not make a community responsibility order in respect of the offender if it proposes to deal with him for the offence in any other way. (3) The court must not make a community responsibility order unless— (a) it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36I(1); and (b) the notice has not been withdrawn. (4) Before making a community responsibility order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion. (5) It must also explain to the offender in ordinary language— (a) why it is making the order; (b) the effect of the order and of the requirements proposed to be included in it; (c) the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and (d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer. (36G) (1) An offender in respect of whom a community responsibility order is in force must— (a) attend the place specified in the order at such times as he may be instructed by the responsible officer; and (b) carry out such activities as he may be instructed by the responsible officer to carry out at such times as he may be so instructed to carry them out. (2) Such an offender must— (a) keep in touch with the responsible officer in accordance with such instructions as he may be given by that officer; and (b) give notice to him of any change of address. (3) The instructions given by the responsible officer must, as far as practicable, be such as to avoid— (a) any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and (b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment. (4) The obligations imposed by a community responsibility order must be performed within the period of six months beginning with the date on which the order is made. (5) But, unless revoked, the order remains in force until the offender has performed the obligations contained in the order. (36H) (1) The Secretary of State may make rules for regulating— (a) the attendance by persons subject to community responsibility orders at places for the purposes of those orders; and (b) the carrying out by such persons of practical activities for those purposes. (2) Such rules may, in particular, make provision— (a) regulating the functions of responsible officers; (b) limiting the number of hours of attendance or of carrying out activities on any one day; (c) as to the reckoning of hours spent in complying with the requirements imposed by a community responsibility order; (d) as to the keeping of records of such hours; and (e) for the payment of travelling and other expenses incurred in connection with complying with such requirements. (3) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules. (36I) (1) A community responsibility order must name the petty sessions district in which it appears to— (a) the court making the order; or (b) the court amending under Schedule 1A any provision included in the order, that the offender resides or will reside. (2) Where a community responsibility order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order. (3) The court by which a community responsibility order is made must immediately give copies of the order to— (a) the offender subject to the order; (b) his parent or guardian; and (c) the responsible officer. (4) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified— (a) a copy of the order; and (b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order. (5) A magistrates’ court must cause a reason stated by it under Article 36F(4) or (5)(a) to be entered in the Order Book. (6) The Secretary of State may pay any expenses of a person designated by him which are incurred in performing any functions as the responsible officer of an offender subject to a community responsibility order. (7) Schedule 1A (which makes provision for dealing with failures to comply with community responsibility orders and for their revocation and amendment) shall have effect.

Custody care orders

56

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

(44A) (1) Where a child who has not attained the age of 14 is found guilty by or before any court of an offence punishable, in the case of an adult, with imprisonment, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a custody care order. (2) A custody care order is an order that the child shall be placed in secure accommodation by the appropriate authority and be subject to a period of being kept in secure accommodation by the appropriate authority followed by a period of supervision. (3) A custody care order shall be for a period of six months unless the court specifies in the order a longer period not exceeding two years. (4) A court shall not make a custody care order unless, after taking into account any matters which it is required to take into account by Article 37 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (previous convictions etc.), it has formed the opinion under Articles 19 and 20 of that Order that a custodial sentence would be justified for the offence. (5) Where a court makes a custody care order for a period longer than six months, it shall state in open court its reasons for doing so. (6) Subject to paragraph (7), the period for which a child is to be kept in secure accommodation under a custody care order shall be one half of the period of the order; but the appropriate authority may, with the consent of the Department of Justice, at any time discharge a child who is being so kept. (7) The length of the period for which the child is to be kept in secure accommodation shall be treated as reduced by any period which is a relevant period within the meaning of section 26(2) and (2A) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)) (reduction of sentence). (8) Where a court makes a custody care order in the case of a child who will attain the age of 14 at a time during the period for which he is to be kept in secure accommodation under the order, the court may provide that he shall be detained in a juvenile justice centre for the whole or any part of the period following that time. (9) Any reference in any statutory provision to the length of the period of a custody care order shall, unless the context otherwise requires, be construed as a reference to the length of the period imposed by or under paragraph (3) and not the length of the period as reduced by paragraph (7). (44B) (1) This Article makes provision about the application of the Children (Northern Ireland) Order 1995 (N.I. 2) in relation to a child during any period for which he is kept in secure accommodation by the appropriate authority under a custody care order (or under any other order under this Order or as a place of safety). (2) Of the provisions about a child looked after by an authority (within the meaning of Article 25) those specified in paragraph (3) (and no others) apply. (3) Those provisions are— (a) Article 26 (duty to safeguard and promote welfare); (b) Article 27(1), (2)(b), (e) and (f), (8) and (9) and Article 28(2) (accommodation and maintenance); (c) Article 29(1), (2) and (4) to (6) (promotion and maintenance of contact with family); (d) Articles 30 and 31 (visits); (e) Article 34 (death); (f) Article 35(1) and Article 36(1) and (4) (advice, assistance and befriending); (g) Article 45 (reviews and representations); and (h) Articles 72 and 73 (provision of homes). (4) In their application by virtue of paragraph (2)— (a) Article 29(4) has effect with the omission of sub-paragraph (a); and (b) Article 34(1)(a) has effect as if the reference to the Department were to the Department and the Department of Justice. (5) The following provisions— (a) Article 5(7) (person having parental responsibility not to act inconsistently with order); (b) Article 52(3) to (6), (7)(a) and (9) (effect of care order); and (c) Article 53(1) to (9) (parental contact), apply as if the custody care order (or the other order or the placing of the child in a place of safety) were a care order and the appropriate authority were the authority designated by it and in whose care the child is. (6) Articles 8 to 14 (residence, contact etc. orders) and Articles 17 to 24 (children in need) do not apply. (7) No care order or supervision order under Part 5 may be made or, if such an order has already been made, it does not have effect. (44C) (1) If a child who has been ordered to be kept in secure accommodation under a custody care order— (a) escapes from secure accommodation in which he is being kept or from any hospital or institution in which he is receiving medical treatment; (b) being absent from secure accommodation on temporary leave of absence or under supervision, runs away from the person in whose charge he is or fails to return to the secure accommodation at the end of his leave; or (c) being absent from secure accommodation under supervision, fails to return to the secure accommodation on being recalled, he may be arrested without warrant by a constable or any person authorised by the appropriate authority and taken to any secure accommodation, or (if he has attained the age of 14) to any juvenile justice centre, or returned to any hospital or institution from which he escaped or to any person in whose charge he was. (2) A child arrested under paragraph (1) may at any time be brought with the authority of the Department of Justice before a court of summary jurisdiction having jurisdiction where the child is found or where the secure accommodation, hospital or institution is situated. (3) Where a child is brought before a court under paragraph (2), the court— (a) may order the period for which he is to be detained under the custody care order to be increased by a further period not exceeding 30 days; but (b) if it does not do that, shall revoke the custody care order and deal with the child in any manner in which the court could deal with him if he had just been found guilty of the offence by the court. (4) In dealing with a child under paragraph (3)(b) the court shall take into account the period for which the custody care order would, but for its revocation, have continued in effect. (5) If any person— (a) knowingly assists a child who escapes, runs away or fails to return as mentioned in paragraph (1) or knowingly induces any child to so escape, run away or fail to return; (b) without lawful authority takes a child away from any accommodation, hospital, institution or person as is mentioned in that paragraph; or (c) knowingly harbours or conceals a child who escapes, runs away or fails to return as mentioned in paragraph (1), or prevents him from returning, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding six months, or to both. (44D) (1) The court which makes a custody care order shall cause it to be delivered to the constable or other person responsible for taking the child to the secure accommodation in which he is to be placed, and the person who takes him there shall deliver the order to the appropriate authority. (2) The court by which a custody care order is made shall cause a record, containing such information in the possession of the court with respect to the child as is in the opinion of the court likely to be of assistance to the appropriate authority, to be sent to that authority. (3) Where a child is taken to a juvenile justice centre by virtue of Article 44A(8), the appropriate authority shall send a copy of the record sent to it under paragraph (2) to the managers or person for the time being in charge of the juvenile justice centre. (4) Where a child has been ordered to be placed in secure accommodation, any person who harbours or conceals him after the time has come for him to go there shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both. (5) Where a constable or other person authorised to take a child to secure accommodation is, when the time has come for him to go there, unable to find him or unable to obtain possession of him, a lay magistrate, if satisfied by complaint on oath that there is a reasonable ground for believing that some person named in the complaint can produce the child, may issue a summons requiring the person so named to attend at a court of summary jurisdiction on such day as may be specified in the summons and produce the child. (6) If the person required by the summons to produce the child fails without reasonable excuse to do so, he shall, in addition to any other liability to which he may be subject under the provisions of this Order, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. (44E) (1) During the period of supervision under a custody care order, the child shall be under the supervision of a probation officer or such other person as the Department of Justice may designate. (2) Before the commencement of the period of supervision— (a) the appropriate authority shall give him a notice specifying— (i) the period of supervision; and (ii) the person under whose supervision he will be; and (b) the person under whose supervision he will be shall give him a notice specifying any requirements with which he must comply. (3) During the period of supervision the person under whose supervision the offender is or another person designated by the Department of Justice may give the child a notice specifying any alteration to the matters mentioned in paragraph (2)(a)(ii) or (b). (4) The Department of Justice may make rules regulating the supervision of a child subject to a custody care order. (5) Rules under paragraph (4) are subject to negative resolution. (6) The Department of Justice may pay the expenses incurred by any person designated under paragraph (1) arising from the supervision of a child under this Article. (44F) (1) Where a custody care order has been made in respect of a child and it appears, on a complaint made to a lay magistrate, that the child has failed to comply with any requirements under Article 44E(2) or (3), the lay magistrate may— (a) issue a summons directed to the child requiring him to appear before a youth court specified in the summons; or (b) if the complaint is in writing and on oath, issue a warrant for the child’s arrest requiring him to be brought before a youth court specified in the warrant. (2) If it is proved to the satisfaction of the court before which the child appears or is brought under this Article that he has failed without reasonable excuse to comply with requirements under Article 44E(2) or (3), the court may— (a) if he has not attained the age of 14, deal with him as specified in paragraph (3); and (b) if he has attained that age, deal with him as specified in paragraph (4). (3) If the child has not attained the age of 14, the court may either— (a) impose on him a fine not exceeding £200; or (b) order him to be placed in secure accommodation by the appropriate authority and kept there by the appropriate authority for a period not exceeding 30 days; but the appropriate authority may, with the consent of the Department of Justice, at any time discharge a child who is being so kept. (4) If the child has attained the age of 14, the court may either— (a) impose on him a fine not exceeding £1,000; or (b) order him to be detained in a juvenile justice centre for a period not exceeding 30 days. (5) Where the court imposes a fine on the child under paragraph (3)(a) or (4)(a), it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing. (6) A fine ordered under paragraph (5) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the custody care order was made. (7) A parent or guardian may appeal to a county court against an order under paragraph (5). (8) Any period of supervision shall not be reduced by any period during which the child is detained under this Article. (44G) (1) Where a child in respect of whom a custody care order is (or but for Article 44A(8) would be) in effect is convicted by or before a court of an offence and the court imposes a custodial sentence on the child for the offence, the court shall— (a) revoke the order; and (b) in dealing with the child for the offence take into account the period for which, but for the revocation, the order would have continued in effect. (2) Where in such a case the court decides to make a custody care order, Article 44A shall have effect as if— (a) in paragraph (3) for the words from “a period of six months” to “two years” there were substituted “such period not exceeding two years as the court specifies in the order”; and (b) in paragraph (6) for the words “one half of the period of the order” there were substituted “such part of the period of the order as the court specifies in the order”. (3) Where in such a case the court decides to make a juvenile justice centre order, Article 39 shall have effect as if— (a) in paragraph (2) for the words from “a period of six months” to “two years” there were substituted “such period not exceeding two years as the court specifies in the order”; and (b) in paragraph (5) for the words “one half of the period of the order” there were substituted “:such part of the period of the order as the court specifies in the order”.

Youth conferences

Youth conferences and youth conference plans

57

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

(3A) (1) In this Order “youth conference”, in relation to a child and an offence, means a meeting, or series of meetings, for considering how the child ought to be dealt with for the offence. (2) A meeting does not constitute, or form part of, a youth conference unless the following persons participate in it— (a) a youth conference co-ordinator (as chairman); (b) the child; (c) a police officer; and (d) an appropriate adult. (3) The Secretary of State must designate persons employed in— (a) the civil service of the United Kingdom; or (b) the civil service of Northern Ireland, to be youth conference co-ordinators. (4) Except where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), “appropriate adult” means a parent or guardian of the child or, if no parent or guardian of the child is able and willing to participate in the meeting— (a) a social worker of the appropriate authority or a legal representative of the child; or (b) if no-one within sub-paragraph (a) is able and willing to participate in the meeting, any responsible person who has attained the age of 18 and is neither a police officer nor a member of the police support staff. (5) Where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995), “appropriate adult” means a social worker of the authority. (6) The following persons are entitled to participate in any meeting constituting, or forming part of, a youth conference— (a) the victim of the offence or, if the victim is not an individual, an individual representing the victim; (b) a legal representative of the child acting as his adviser; and (c) if a community order or youth conference order is in force in respect of the child or the child is subject to supervision under a juvenile justice centre order or custody care order, the supervising officer. (7) The supervising officer is— (a) in the case of a probation order, the probation officer responsible for the child’s supervision under the order; (b) in the case of a community service order, the person who is the relevant officer for the purposes of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) ; (c) in the case of a combination order, either of the persons mentioned in sub-paragraphs (a) and (b); (d) in the case of an attendance centre order, the officer in charge of the attendance centre specified in the order; (e) in the case of a community responsibility order, reparation order or youth conference order, the responsible officer; or (f) in the case of a juvenile justice centre order or custody care order, the probation officer or person designated by the Secretary of State who is supervising the child. (8) A youth conference co-ordinator may allow other persons— (a) to participate in any meeting constituting, or forming part of, a youth conference; or (b) to attend any such meeting for any purpose specified by him, if he considers that their participation, or attendance for that purpose, would be of value. (9) Where a youth conference is convened with respect to a child and an offence, neither— (a) the fact that it has been convened; nor (b) anything said or done (or omitted to be said or done) in or in connection with any meeting constituting, or forming part of, the youth conference, is admissible in any criminal proceedings as evidence that the child committed the offence. (3B) (1) The Secretary of State may make rules about the procedure of youth conferences. (2) The rules may, in particular, make provision— (a) conferring or imposing functions on youth conference co-ordinators (which may include power to exclude from a meeting constituting, or forming part of, a youth conference persons otherwise entitled to participate in it by virtue of Article 3A(6)); and (b) about the period within which youth conferences must be completed and functions of youth conference co-ordinators must be performed. (3) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules. (3C) (1) In this Order “youth conference plan”, in relation to a child and an offence, is a proposal made by a youth conference co-ordinator (after a youth conference convened with respect to the child and the offence has been completed) that the child be required to do one or more of the following— (a) apologise to the victim of the offence or any person otherwise affected by it; (b) make reparation for the offence to the victim or any such person or to the community at large; (c) make a payment to the victim of the offence not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the child in committing the offence; (d) submit himself to the supervision of an adult; (e) perform unpaid work or service in or for the community; (f) participate in activities (such as activities designed to address offending behaviour, offering education or training or assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs); (g) submit himself to restrictions on his conduct or whereabouts (including remaining at a particular place for particular periods); and (h) submit himself to treatment for a mental condition or for a dependency on alcohol or drugs. (2) A youth conference plan may specify a requirement under paragraph (1)(e) only if the child has attained the age of 16. (3) A youth conference plan may specify requirements applying only in specified circumstances. (4) A youth conference plan must specify the period during which the child must comply with the requirements specified in it. (5) That period must not be more than one year. (6) A youth conference plan must specify the date on which (subject to Article 10D(2) or 36J(2)) the child must begin to comply with the requirements specified in it. (7) The fact that a child has been subject to a youth conference plan in respect of an offence may be cited in criminal proceedings in the same circumstances as a finding that the child committed the offence may be so cited. (8) The Secretary of State may make procedural rules about youth conference plans which may (in particular) include provision about the period within which functions of persons required to monitor compliance with youth conference plans must be performed. (9) Rules under paragraph (8) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.

Diversionary youth conferences

58

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

(10A) (1) The Director may, where he considers it appropriate to do so, refer a case to a youth conference co-ordinator for him to convene a diversionary youth conference with respect to a child and an offence if— (a) the Director has the conduct of proceedings instituted against the child in respect of the offence (whether by him or any other person); or (b) he would (but for this Article) institute proceedings against the child in respect of the offence. (2) A diversionary youth conference is a youth conference convened with a view to the making to the Director by a youth conference co-ordinator of one of the following recommendations— (a) that no further action be taken against the child in respect of the offence; (b) that proceedings against the child in respect of the offence be continued or instituted; (c) that the child be subject to a youth conference plan in respect of the offence. (3) The Director must not make a reference under this Article unless the child— (a) admits to the Director that he has committed the offence; and (b) agrees with the Director that he will participate in a diversionary youth conference with respect to the offence. (4) The Director must not make a reference under this Article unless— (a) he has been given notice by the Secretary of State that provision for youth conferences has been made for the area in which it appears to him that the child resides or will reside; and (b) the notice has not been withdrawn. (5) If the Director makes a reference under this Article, proceedings against the child in respect of the offence may not be continued or instituted— (a) until he has received a report under Article 10C following the completion of the diversionary youth conference; or (b) if the diversionary youth conference is terminated before completion or does not take place, until he has received a report under Article 10B(1)(b). (6) If a recommendation under paragraph (2) is made to the Director, he must consider whether to accept or reject it. (7) If the Director accepts a recommendation made under paragraph (2)(c), proceedings against the child in respect of the offence may not be continued or instituted unless the child has failed to comply with the requirements specified in the youth conference plan to a significant extent. (8) In determining whether the child has failed to comply with the requirements specified in the youth conference plan to a significant extent the Director or a court must have regard to any report made by a youth conference co-ordinator under Article 10D with respect to the child and the youth conference plan. (9) References in this Article to proceedings being continued against a child do not include adjournment of the proceedings or remanding the child on bail (or in custody). (10) At any time after the Director makes a reference under this Article, he may require that, unless a court remands the child on bail (or in custody), it must adjourn any proceedings against the child in respect of the offence until such time (if any) as he continues the proceedings in accordance with this Article. (11) At any time after the Director makes a reference under this Article but before such time (if any) as he continues proceedings against the child for the offence, a court may in the absence of the child— (a) adjourn or further adjourn the proceedings; and (b) where the child has been remanded on bail, order the child to be remanded on bail for such further period as may be deemed reasonable (in which case any recognisance requiring or conditioned for the appearance of the child before the court shall be deemed to be varied so as to require his appearance at the time and place to which he is so remanded). (10B) (1) If a child withdraws an admission or agreement made under Article 10A(3) before the diversionary youth conference is completed— (a) the diversionary youth conference is terminated (or, if not yet started, does not take place); and (b) a youth conference co-ordinator must make to the Director a written report stating that the child has withdrawn such an admission or agreement (and nothing else). (2) The fact that a child has made or withdrawn such an admission or agreement is not admissible in any criminal proceedings as evidence that he committed the offence. (3) If proceedings against a child in respect of an offence are continued or instituted by virtue of Article 10A(7), a court dealing with the child for the offence must have regard to anything done by the child in compliance with the requirements specified in the youth conference plan. (4) Where there is a limit on the time for instituting proceedings in respect of an offence with respect to which a reference is made under Article 10A, in calculating when that limit is reached there shall be disregarded the period— (a) beginning with the making of the reference; and (b) ending with the receipt by the Director of a report under paragraph (1)(b) or Article 10C or 10D in consequence of the reference or, if more than one such report is so received, with the receipt of the last of them. (5) For the purposes of Article 10A and this Article proceedings are instituted in respect of an offence— (a) where a summons is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (N.I. 26), when the complaint for the offence is made under that Article; (b) where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article; (c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge; and (d) where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court. (6) Where the application of paragraph (5) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times. (10C) (1) A youth conference co-ordinator may not make a recommendation under Article 10A(2)(c) unless— (a) the child agrees to be subject to the youth conference plan; (b) any person (other than the child) by whom any action falls to be taken under the youth conference plan agrees to take the action; and (c) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child. (2) If a youth conference co-ordinator makes a recommendation under Article 10A(2)(b), he may also recommend anything which he could recommend to a court under paragraph (5) of Article 33A if the case had been referred by the court for him to convene a youth conference under that Article (after a finding that the child was guilty of the offence). (3) A recommendation made to the Director by a youth conference co-ordinator under Article 10A(2) must be made in the form of a written report. (4) If the recommendation is made under Article 10A(2)(c), the report must include details of the youth conference plan. (5) If, after the completion of a diversionary youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 10A(2), he must make a written report of that fact to the Director. (10D) (1) This Article applies when the Director has accepted a recommendation made under Article 10A(2)(c). (2) The date on which the child must begin to comply with the requirements specified in the youth conference plan is the date specified in the youth conference plan under Article 3C(6) or such other date as the Director may, with the consent of the youth conference co-ordinator, determine. (3) A youth conference co-ordinator, or other person, nominated by the Secretary of State must monitor compliance by the child with the requirements specified in the youth conference plan. (4) If, during the period specified in the youth conference plan, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan considers that the child has not been complying with them, he must make a written report to the Director. (5) The report must contain details of the respects in which he considers that the child has not been complying with the requirements. (6) When the period specified in the youth conference plan ends, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan must make a written report to the Director. (7) The report must contain— (a) an assessment of the extent (if any) to which he considers that the child has complied with the requirements specified in the youth conference plan; and (b) such further information as he thinks may assist in the exercise of the functions of the Director with respect to the child and the offence concerned. (8) The person required to monitor the child’s compliance with the requirements specified in the youth conference plan may, with the consent of the Director, vary the youth conference plan. (9) But the youth conference plan may not be varied unless— (a) the child agrees to the variation; (b) if the variation relates to any action falling to be taken by any person (other than the child), that person agrees to the variation; and (c) if the variation relates to any action required to be taken by the child in relation to another person, that person agrees to the variation. (10) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions under this Article.

Court-ordered youth conferences

59

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

(33A) (1) Subject to Articles 33B and 33C, a court must refer the case of a child who has been found guilty of an offence by or before the court to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence, unless the offence falls within paragraph (2). (2) The offences falling within this paragraph are— (a) offences the sentence for which is, in the case of an adult, fixed by law as imprisonment for life; (b) offences which are, in the case of an adult, triable only on indictment; and (c) offences which are scheduled offences for the purposes of Part 7 of the Terrorism Act 2000 (c. 11). (3) If a child has been found guilty by or before a court of an offence which— (a) falls within sub-paragraph (b) or (c) of paragraph (2); but (b) does not fall within sub-paragraph (a) of that paragraph, the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence. (4) Where a child— (a) is in breach of a community order or youth conference order and falls to be dealt with by a court for the offence in respect of which the order was made as if he had just been found guilty of the offence; or (b) appeals to a court against any sentence or order imposed on him in respect of an offence, the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence. (5) A court-ordered youth conference is a youth conference convened with a view to the making to the court by a youth conference co-ordinator of one of the following recommendations— (a) that the court exercise its powers (apart from Article 36J) to deal with the child for the offence; (b) that the child be subject to a youth conference plan in respect of the offence; or (c) that the court exercise its powers to deal with the child for the offence by imposing a custodial sentence and that the child be subject to a youth conference plan in respect of the offence. (6) A court must not make a reference under this Article unless the child agrees that he will participate in a court-ordered youth conference with respect to the offence. (7) And if the child withdraws his agreement before the court-ordered youth conference is completed, the court-ordered youth conference is terminated (or, if not yet started, does not take place). (8) If a court makes a reference under this Article, the court may not deal with the child for the offence until the court has received a report under Article 33E(3) or (7) following the completion of the court-ordered youth conference (or the court-ordered youth conference is terminated before completion or does not take place). (9) If a recommendation is made to a court under paragraph (5), the court must consider it before dealing with the child for the offence. (10) The Secretary of State may by order amend paragraphs (1) to (3); and an order under this paragraph may include any incidental, consequential, transitional or supplementary provision (including the amendment, or repeal or revocation, of any statutory provision whenever passed or made, including any provision of this Order) which appears to the Secretary of State to be appropriate. (11) An order under paragraph (10) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order. (33B) (1) This Article applies where a child has been found guilty by or before a court of associated offences. (2) If one or more of the offences is an offence which falls within sub-paragraph (a) of paragraph (2) of Article 33A, the court must not make a reference under that Article with respect to any of the offences. (3) Subject to that, if— (a) one or more of the offences is an offence which falls within sub-paragraph (b) or (c) of that paragraph; but (b) the remaining offence, or (where more than one) each of the remaining offences, is not an offence which falls within either of those sub-paragraphs, the court is not required to make a reference under Article 33A with respect to any of the offences but may make such a reference with respect to any or all of them. (33C) (1) A court must not make a reference under Article 33A unless— (a) the Secretary of State has given the clerk of the court notice that provision for youth conferences has been made for the area in which it appears to the court that the child resides or will reside, and (b) the notice has not been withdrawn. (2) Paragraph (1) of Article 33A does not require the court by or before which a child is found guilty of an offence to make a reference under that Article if— (a) a diversionary youth conference has been completed with respect to the child and the offence; and (b) the youth conference co-ordinator made a recommendation under Article 10A(2)(c) or 10C(2); but in such circumstances the court may make such a reference if it considers it appropriate to do so. (3) Where a court does not make a reference under Article 33A in reliance on paragraph (2), the recommendation made under Article 10A(2)(c) or 10C(2) is to be regarded as having been made to the court under Article 33A(5). (4) If a court does not refer a case to a youth conference co-ordinator where it has power to do so— (a) it must give its reasons in open court; and (b) if it is a magistrates’ court, it must cause the reason to be entered in the Order Book. (5) A court must not make a reference under Article 33A with respect to a child and an offence if it proposes to deal with the child for the offence by making an order discharging him absolutely or conditionally. (6) But if a child falls to be dealt with by a court for an offence under Article 5(6), (7) or (8) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (offences committed during period of conditional discharge), Article 33A applies as if he had been found guilty of the offence by or before the court. (7) Where a court defers passing sentence on a child for an offence under Article 3 of the Criminal Justice (Northern Ireland) Order 1996, any duty imposed on the court by Article 33A(1) must be complied with before the passing of sentence. (8) Where the case of a child found guilty of an offence is remitted to a youth court under Article 32(1), the youth court (and not the court remitting the case) is to be treated for the purposes of the provisions about court-ordered youth conferences as the court by or before which the child is found guilty of the offence. (33D) (1) This Article applies where a court has referred a case to a youth conference co-ordinator for him to convene a court-ordered youth conference. (2) The court may, on the application of a youth conference co-ordinator, order that the youth conference be terminated (or, if not yet started, is not to take place). (3) The court may so order only if satisfied that the court-ordered youth conference would serve no useful purpose. (4) Before making an application under paragraph (2), the youth conference co-ordinator must consult the other persons specified in Article 3A(2). (33E) (1) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(b) unless— (a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and (b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child. (2) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(c) unless— (a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and (b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child. (3) A recommendation to the court by a youth conference co-ordinator under Article 33A(5) must be made in the form of a written report. (4) If the recommendation is made under Article 33A(5)(a), the report— (a) where recommending that the court should exercise its powers by imposing a custodial sentence, must not specify what sort of custodial sentence the court should impose or for what period; and (b) where recommending that the court should exercise its powers otherwise than by imposing a custodial sentence, may include details of how it is recommended that the court should exercise its powers. (5) If the recommendation is made under Article 33A(5)(b), the report must include details of the youth conference plan. (6) If the recommendation is made under Article 33A(5)(c), the report— (a) must not specify what sort of custodial sentence the court should impose or for what period; but (b) must include details of the youth conference plan. (7) If, after the completion of a court-ordered youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 33A(5), he must make a written report of that fact to the court giving the reasons why he is unable to do so. (8) A report under this Article must be accompanied by copies of any reports obtained for the purposes of the court-ordered youth conference.

Youth conference orders

60

After Article 36I of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 55 of this Act) insert—

(36J) (1) Where a recommendation is made to a court under Article 33A(5)(b) or (c), the court may make a youth conference order in relation to the offender to whom the recommendation relates. (2) A youth conference order is an order requiring the offender— (a) to comply with the requirements specified in the youth conference plan; or (b) to comply with those requirements as varied by the order; and the order must specify as the date when the offender must begin so to comply either the date specified in the youth conference plan under Article 3C(6) or such other date as the court may, with the consent of the youth conference co-ordinator, determine. (3) A court must not make a youth conference order unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant it. (4) In forming any such opinion the court must take into account all information about the circumstances of the offence, or of the offence and the offence or offences associated with it, (including any aggravating or mitigating factors) which is available to it. (5) The court must not make a youth conference order unless the offender consents. (6) The court must not make a youth conference order under paragraph (2)(b) unless it has consulted the youth conference co-ordinator. (7) If the court does not make a youth conference order under paragraph (2)(a) in a case where it has power to do so, it must give its reasons in open court. (8) Where the court makes a youth conference order, it may not exercise any other power it has to deal with the offender for the offence. (9) But if the recommendation to the court was made under Article 33A(5)(c) the court may, if the offender consents, also impose any custodial sentence which the court has power to impose for the offence. (36K) (1) Before making a youth conference order, the court must state in open court that it is of the opinion that Article 36J(3) applies and why it is of that opinion. (2) Before making a youth conference order, the court must explain to the offender in ordinary language— (a) why it is making the order; (b) the effect of the order and of the requirements proposed to be included in it; (c) the consequences which may follow under Schedule 1A if he fails to comply with those requirements; and (d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer. (3) In this Order “responsible officer”, in relation to an offender subject to a youth conference order, means the youth conference co-ordinator, or other person designated by the Secretary of State, who is specified in the order. (4) If the court is a magistrates’ court, it must cause any reasons given under Article 36J(7) or paragraph (1) or (2)(a) to be entered in the Order Book. (5) A youth conference order must name the petty sessions district in which it appears to— (a) the court making the order; or (b) the court amending under Schedule 1A any provision included in the order, that the offender resides or will reside. (6) The court by which a youth conference order is made must immediately give copies of the order to— (a) the offender subject to the order; (b) his parent or guardian; and (c) the responsible officer. (7) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified— (a) a copy of the order; and (b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order. (8) Schedule 1A (which makes provision for dealing with failures to comply with youth conference orders and for their revocation and amendment) shall have effect. (36L) (1) The responsible officer must monitor compliance by the offender with the youth conference order. (2) The Secretary of State may make rules regulating the monitoring by the responsible officer of an offender subject to a youth conference order. (3) Rules under paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules. (4) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions as the responsible officer.

Legal aid for youth conferences

61

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

(2) After Article 28 insert—

(28A) (1) Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates’ court. (2) An application under paragraph (1) shall be made— (a) by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates’ court; or (b) if an application under sub-paragraph (a) is refused, in person to a magistrates’ court. (3) If, on an application made under paragraph (1), it appears to the court that— (a) the means of the child are insufficient to enable him to obtain legal aid; and (b) it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference, the court may grant in respect of him a criminal aid certificate. (4) A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have— (a) a solicitor; and (b) subject to paragraph (5), counsel, assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36. (5) Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where— (a) the offence with respect to which the diversionary youth conference is convened is an indictable offence; and (b) the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable.

(3) After Article 35 insert—

(35A) (1) In this Part references to— (a) the preparation and conduct of a person’s defence before a court or at a trial; (b) the preparation and conduct of an appeal; and (c) resisting an appeal, include preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference). (2) In Article 29, as it applies by virtue of paragraph (5) of that Article, references to free legal aid to which a person appearing or brought before the Crown Court to be dealt with is entitled include free legal aid in the preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).

Other provisions

Orders: enforcement etc.

62

After Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert the Schedule set out in Schedule 10 to this Act which makes provision about the enforcement etc. of reparation orders, community responsibility orders and youth conference orders.

Extension of youth justice system to 17 year olds

63

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

(2) The Department of Justice may by order make provision amending any other enactments or instruments (whenever passed or made) for, or in connection with, extending the youth justice system to 17 year olds.

Juvenile justice centre orders for 17 year olds

64

In Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (juvenile justice centre orders for offences punishable in the case of an adult with imprisonment), after paragraph (3) insert—

(3A) A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if— (a) he will not become an adult during the period of the order; (b) he has not had a custodial sentence imposed on him within the last two years; and (c) the court, after considering a report made by a probation officer, considers that it is in his best interests to make such an order.

Consultation about detention

65

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

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

Part 5 — Miscellaneous

Royal Arms and flags

Display of Royal Arms at courts

66

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

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

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

(b) the courtrooms in the Courthouse in Armagh,

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

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

(f) the courtrooms in the Courthouse in Omagh,

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

(3) The Royal Arms must not be displayed—

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

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

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

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

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

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

Flying of flags at court-houses

67

(1) In Article 3(1) of the Flags (Northern Ireland) Order 2000 (S.I. 2000/1347 (N.I. 3)) (power to make regulations about the flying of flags at government buildings), insert at the end “and court-houses”.

(2) The Flags Regulations (Northern Ireland) 2000 (S.R. 2000 No. 347) (which were made in the exercise of that power) apply in relation to court-houses as they apply in relation to the government buildings specified in Part 1 of the Schedule to the Regulations (but subject to any amendment which may be made to the Regulations in the further exercise of that power).

Victims of crime

Information about discharge and temporary release of prisoners

68

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

(2) A victim information scheme is a scheme requiring the Department of Justice to make available information about the discharge or temporary release of persons serving sentences of imprisonment in Northern Ireland imposed in respect of the commission of offences (“imprisoned offenders”) to victims of the offences who wish to receive it.

(3) A scheme—

(a) must require that information as to the month in which it is anticipated that an imprisoned offender will be discharged is to be made available under the scheme, and

(b) must require that, unless it is not reasonably practicable to do so, the fact that the temporary release of an imprisoned offender is being considered is to be made available under the scheme.

(4) A scheme may require that other information relating to the discharge and temporary release of imprisoned offenders is to be made available under the scheme including, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released.

(5) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person who is not the actual victim of the offence but was directly affected by it is to be regarded for the purposes of the scheme as a victim of the offence (as well as any actual victim).

(6) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of the scheme as a victim of the offence (instead of an actual victim).

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

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

(a) if the Department of Justice believes that to do so would adversely affect the well-being of the actual victim of an offence or a person who is regarded for the purposes of the scheme as being a victim of an offence by virtue of subsection (5),

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

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

(a) different descriptions of imprisoned offenders, or

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

(10) “Discharge” includes release—

(a) on licence, or

(b) in pursuance of a grant of remission,

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

Views on temporary release

69

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

(2) Representations fall within this subsection if they are to the effect that the temporary release of a person serving a sentence of imprisonment in Northern Ireland imposed in respect of the commission of the offence would threaten the safety, or otherwise adversely affect the well-being, of—

(a) the actual victim of the offence, or

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

(3) The Department of Justice must—

(a) have regard to the representations in deciding whether the person should be temporarily released and, if so, any conditions to which he is to be subject, and

(b) inform the victim of any such decision.

Supplementary

70

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

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

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

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

(a) include a person who, in consequence of a restricted transfer from Northern Ireland, is serving part of a sentence of imprisonment in another part of the United Kingdom, but

(b) do not include a person who, in consequence of a restricted transfer from another part of the United Kingdom, is serving part of a sentence of imprisonment in Northern Ireland.

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

(4) In sections 68 and 69 references to a person serving a sentence of imprisonment in Northern Ireland include a person detained in hospital pursuant to a transfer direction and a restriction direction.

(5) In subsection (4) and section 69A(3)—

“restriction direction” has the meaning given in Article 55(2) of the Mental Health (Northern Ireland) Order 1986;

“transfer direction” has the meaning given in Article 53(2) of that Order.

(6) In section 69A(3)—

“hospital order” has the meaning given in Article 44(1) of the Mental Health (Northern Ireland) Order 1986;

“restriction order” has the meaning given in Article 47(1) of that Order;

“sentence of imprisonment” has the meaning given in Article 53(5) of that Order.

(7) In sections 69A and 69B “leave of absence” means leave of absence under Article 15 of the Mental Health (Northern Ireland) Order 1986.

Community safety

Community safety strategy

71

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

(2) References in this section ... to enhancing community safety in any place are to making the place one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.

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

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

(a) the First Minister and deputy First Minister,

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

(5) The Department of Justice must publish each strategy devised by the Department and any alterations which the Department makes to a strategy (or the strategy as altered).

Local community safety partnerships

72

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Civil procedure

Constitution of Rules Committees

73

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

(b) three judges of the Supreme Court nominated by the Lord Chief Justice; (c) one Master of the Supreme Court nominated by the Society of Masters; (d) two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the Department of Justice; (e) two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the Department of Justice; ... (f) two persons nominated by the Department of Justice who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors. (g) the Attorney General for Northern Ireland or a barrister or solicitor nominated by the Attorney General for Northern Ireland.

(2) In Article 46(1) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (membership of County Court Rules Committee), for the words from “be appointed” to the end substitute

consist of— (a) a county court judge nominated by the Lord Chancellor who shall be chairman; (b) two county court judges nominated by Her Majesty’s Council of County Court Judges; (c) one district judge nominated by the Association of District Judges; (d) two barristers nominated by the General Council of the Bar of Northern Ireland and one barrister nominated by the Department of Justice; (e) two solicitors nominated by the Law Society of Northern Ireland and one solicitor nominated by the Department of Justice; (f) one civil servant in the Department of Justice nominated by that Department; and (g) two persons nominated by the Department of Justice who do not hold (and have never held) judicial office and are not (and have never been) barristers or solicitors.

Appeals in small claims cases

74

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

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

(a) after sub-paragraph (a) insert—

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

(b) in sub-paragraph (b), for the words from “by the High Court,” onwards substitute “ by the Court of Appeal, state for the determination of the Court of Appeal any question of law arising out of an award made by the district judge in dealing with the claim unless an appeal on the question has been brought under sub-paragraph (ab); ”, and

(3) After paragraph (4) insert—

(4A) An appeal under paragraph (4)(ab) shall be brought within the period of twenty-one days commencing with the date on which the order, decision or determination was made; and on such an appeal the judge— (a) has the same powers as the district judge; but (b) is not required to hold a hearing; and his decision shall be final.

Time limit for cases stated by county court

75

In Article 61(2) of the County Courts (Northern Ireland) Order 1980 (S.I. 1980/ 397 (N.I. 3)) (cases stated by county court judge) for “fourteen days” substitute “ twenty-one days ”.

Legal aid

Exceptional legal aid

76

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Proceedings before coroner

77

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Court Service

Power to abolish Court Service

78

(1) The Lord Chancellor may by order make provision for the transfer of the functions of the Court Service and the abolition of the Court Service.

(2) The order may make provision—

(a) for the payment by the Lord Chancellor of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to the transfer of functions, or the abolition, of the Court Service, and

(b) for any other incidental, consequential, transitional or supplementary matter which appears to the Lord Chancellor to be appropriate.

(3) The provision made by the order under subsection (2) may include amendments in any enactment or instrument (whenever passed or made), including this Act.

Court security

Duty of Court Service to ensure court security

79

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

Powers and duties of court security officers

80

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

Protection of court security officers

81

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

Part 6 — Supplementary

Excepted matters: judicial office-holders

82

In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), in paragraph 11 (appointment and removal of holders of certain judicial offices)—

(a) for “appointment and removal” substitute “ determination of the remuneration, superannuation and other terms and conditions of service (other than those relating to removal from office) ”, and

(b) for “, the Chief and other Child Support Commissioners for Northern Ireland and the President and other members of the Lands Tribunal for Northern Ireland” substitute “ and the Chief and other Child Support Commissioners for Northern Ireland ”.

Reserved matters: new institutions

83

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

Assembly Acts about judiciary, law officers and prosecutions

84

(1) In section 7(1) of the Northern Ireland Act 1998 (entrenched enactments), insert at the end

and (d) section 1 and section 84 of the Justice (Northern Ireland) Act 2002.

(2) A Bill containing any provision which deals (otherwise than incidentally) with—

(a) appointment to, or removal from, a protected judicial office (including the subject matter of section 19),

(b) the subject matter of section 12(1), or

may not be passed by the Assembly without cross-community support.

(3) “Cross-community support” has the meaning given by section 4(5) of the Northern Ireland Act 1998 (c. 47).

(4) “Passed”, in relation to a Bill, means passed at the final stage (at which the Bill can be passed or rejected but not amended).

Minor and consequential amendments

85

(1) Schedule 12 makes minor and consequential amendments in enactments and instruments.

(2) The Department of Justice may by order make in any other enactment or instrument (whenever passed or made) such amendments as appear to the Department of Justice to be appropriate in consequence of any provision made by Part 4.

Repeals and revocations

86

Schedule 13 makes repeals and revocations.

Commencement

87

(1) The preceding provisions of this Act (with the Schedules) shall not come into force until such day as the Secretary of State or the Department of Justice may by order appoint.

(2) An order may appoint different days for different purposes.

Interpretation

88

In this Act (unless the context otherwise requires)—

“amendment” includes repeal or revocation and “amend” is to be construed accordingly,

“coroner” and “deputy coroner” mean a coroner and deputy coroner appointed under section 2 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)),

“county court judge” means a judge appointed under section 102 of the County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))and “deputy county court judge” means a deputy judge appointed under section 107 of that Act,

“the Court Service” means the Northern Ireland Court Service,

“enactment” includes any provision of Northern Ireland legislation,

... “listed judicial office” and “protected judicial office” have the meanings given by section 2(5),

“Lord Chief Justice” means the Lord Chief Justice of Northern Ireland,

“Lord Justice of Appeal” means a person styled as such under section 3 of the Judicature (Northern Ireland) Act 1978 (c. 23), and

“the Northern Ireland Public Services Ombudsman” has the meaning given by the Public Services Ombudsman Act (Northern Ireland) 2016.

Transitionals and savings

89

(1) The Secretary of State or the Department of Justice may by order make any transitional provisions or savings which appear appropriate in connection with the coming into force of any provision of this Act.

(2) The persons who, immediately before the date on which section 30 comes into force, hold the offices of Director of Public Prosecutions for Northern Ireland and Deputy Director of Public Prosecutions for Northern Ireland under the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) shall be treated as if—

(a) they had been appointed to those offices under that section on that date, and

(b) the Secretary of State had made a determination under subsection (9) of that section for the making of payments to or in respect of them on and after that date on the same terms as that on which payments were so made immediately before that date.

(3) An order under subsection (1) may include provision for the transfer to the staff of the Public Prosecution Service for Northern Ireland of such persons employed by any authority wholly or mainly in connection with the exercise of functions relating to the prosecution of offences as are specified in the order.

(4) If on the coming into force of subsection (1) of section 31 it is not reasonably practicable for the Director to take over the conduct of all proceedings of the description specified in that subsection, he is under a duty to take over the conduct of only such proceedings of that description as it is reasonably practicable for him to conduct until the earlier of—

(a) the time when it is first reasonably practicable for him to take over the conduct of all proceedings of that description, and

(b) the end of the period of five years beginning with the day on which that subsection comes into force.

(5) If section 35 comes into force before section 10, the reference in subsection (2) of section 35 to a lay magistrate has effect, until section 10 comes into force, as a reference to a justice of the peace.

(6) If section 44 comes into force before section 41, subsection (1)(d) of section 44 has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

(7) If sections 45 to 49 come into force before section 29, the references in those sections to the Public Prosecution Service for Northern Ireland have effect, until that section comes into force, as references to the Office of the Director of Public Prosecutions for Northern Ireland.

(8) No order may be made under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) in relation to an offence committed before the coming into force of section 54; and no order may be made under Article 36E of that Order in relation to an offence committed before the coming into force of section 55.

(9) If section 56 comes into force before section 10, the references in Articles 44D(5) and 44F(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 56) to a lay magistrate have effect, until section 10 comes into force, as references to a justice of the peace.

(10) No reference may be made under Article 10A of the Criminal Justice (Children) (Northern Ireland) Order 1998 in relation to an offence committed before the coming into force of section 58; and no reference may be made under Article 33A of that Order in relation to an offence committed before the coming into force of section 59.

(11) If section 58 comes into force before section 41, paragraph (5)(d) of Article 10B of the Criminal Justice (Children) (Northern Ireland) Order 1998 (inserted by section 58) has effect, until section 41 comes into force, as if it also referred to the presentation of an indictment under section 2(2)(f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)).

Statutory rules

90

(1) Any power of—

(a) the Lord Chancellor,

(b) the Secretary of State, or

to make an order or a scheme (or alterations to a scheme) under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(1A) No order containing (whether or not together with other provision) provision made by virtue of section 2(2)(b), 9(4), 19(4)(b), 46(6)(a) or (b) or 72(1), (3), (7) or (8) shall be made unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(1B) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (1A) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

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

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

(4) No order containing (whether or not together with other provision) provision made by virtue of section 78 shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(5) The following instruments—

(a) an order under section 2(2)(a) or (c),5A(6), 10(4), 12(3), 19(4)(a) or (c), ... 46(6)(c), 63(2), 72(2) or 85(2), Schedule 4 or paragraph 7(3) of Schedule 8, and

(b) a scheme (or alterations to a scheme) under section 68 or 69A,

shall, unless a draft has been approved by a resolution of the Northern Ireland Assembly, be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(6) An order under section 28(2) shall be subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and section 5 of the Statutory Instruments Act 1946 applies accordingly.

Extent

91

(1) Subject as follows, the preceding provisions of this Act (with the Schedules) extend to Northern Ireland only.

(2) Subsection (1) does not apply to any of the following provisions—

(za) section 1,

(a) section 10(6) and paragraphs 5 and 6 of Schedule 4,

(b) section 22(1), and

and sections 87 to 90 so far as relating to those provisions.

(3) Any amendment made by this Act, apart from the repeal of sections 4 and 6 of the Promissory Oaths Act 1868 (c. 72), has the same extent as the provision to which it relates.

Financial provision

92

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable by virtue of any other Act out of money so provided.

Short title

93

This Act may be cited as the Justice (Northern Ireland) Act 2002.

SCHEDULE 1

SCHEDULE 2

Members' tenure

1

(1) Subject as follows, a judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(1A) A person may not be appointed as a judicial member for more than five years at a time; and the aggregate period for which a person may be a judicial member by virtue of his holding any one of the judicial offices mentioned in section 3(6) must not exceed ten years.

(2) The Lord Chancellor, acting jointly, may terminate the membership of a judicial member on the recommendation of the Lord Chief Justice.

(3) A judicial member may resign by notice in writing to the Lord Chancellor.

2

(1) Subject as follows, a non-judicial member of the Commission holds office for the period specified in his appointment (or re-appointment).

(2) A person may not be appointed as a non-judicial member for more than five years at a time; and the aggregate period for which a person may be a non-judicial member must not exceed ten years.

(3) A non-judicial member may resign by notice in writing to the Lord Chancellor.

(4) The Lord Chancellor may dismiss a non-judicial member if satisfied that—

(a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him or he has become the subject of a bankruptcy restrictions order or a debt relief order has been made in respect of him or he has become the subject of a debt relief restrictions order, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) he is otherwise unable or unfit to exercise his functions.

Salary etc. of non-judicial members

3

The Commission must pay to or in respect of each non-judicial member of the Commission any such salary or allowances as the Lord Chancellor may determine.

Staff

4

(1) The Commission may employ staff, but subject to the approval of the Lord Chancellor as to—

(a) numbers,

(b) salary, and

(2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in—

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

(b) the civil service of Northern Ireland, ...

as it considers appropriate for or in connection with the exercise of its functions.

(2A) Employment as a member of staff of the Commission is among the kinds of employment to which a scheme under Article 3 of the Superannuation (Northern Ireland) Order 1972 can apply; and accordingly, in Schedule 1 to that Order (kinds of employment etc. referred to in Article 3), at the appropriate place in the list of “Other Bodies” insert—

Employment by the Northern Ireland Judicial Appointments Commission.

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

Annual report

5

(1) The Commission must, as soon as possible after the end of each financial year, prepare a report on how it has exercised its functions during the financial year.

(2) Each annual report must include information about the persons who have applied to be, and the persons who have been, selected to be appointed or recommended for appointment by the Commission during the financial year to which it relates.

(3) The information to be included about any persons in an annual report must include information about their gender, age, ethnic origins and community background and the part of Northern Ireland (if any) with which they regard themselves as being most closely associated.

(4) But an annual report must not identify any person or include information from which the identity of any person could be readily ascertained.

(5) The Commission must send a copy of each annual report to the Lord Chancellor.

(6) The Lord Chancellor must lay before the Northern Ireland Assembly a copy of each annual report received by him under sub-paragraph (5).

(7) After a copy of a report has been laid before the Northern Ireland Assembly, the Commission must arrange for it to be published.

(7A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (6) in relation to the laying of a copy of an annual report as it applies in relation to the laying of a statutory document under an enactment.

(8) In this paragraph “financial year” means—

(a) the period beginning with the day on which section 3 comes into force and ending with the first 31st March which falls at least six months after that day, and

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

Financial provisions

6

The Lord Chancellor may make grants to the Commission.

7

(1) The Commission must—

(a) keep proper accounts and proper financial records, and

(b) prepare in respect of each financial year a statement of accounts.

(2) The statement of accounts must—

(a) contain such information, and

(b) be in such form,

as the First Minister and deputy First Minister acting jointly direct.

(3) The Commission must send copies of the statement of accounts relating to a financial year to—

(a) the Office of the First Minister and deputy First Minister, and

(b) the Comptroller and Auditor General for Northern Ireland,

within such period after the end of the financial year as the Office of the First Minister and deputy First Minister directs.

(4) The Comptroller and Auditor General for Northern Ireland must—

(a) examine, certify and report on the statement of accounts, and

(b) lay a copy of the statement of accounts and of his report on it before the Northern Ireland Assembly.

(4A) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a copy of a statement of accounts or report as it applies in relation to the laying of a statutory document under an enactment.

Committees and sub-committees

8

(1) The Commission may establish committees.

(2) Any committee of the Commission may establish sub-committees.

(3) A committee or sub-committee may consist of or include persons who are not members of the Commission.

(4) The Commission may pay to or in respect of any member of a committee or sub-committee who is neither a member of the Commission nor a member of staff of the Commission any such salary or allowances as the Commission may determine.

Proceedings

9

The Commission may regulate—

(a) its own procedure (including quorum), and

(b) the procedure (including quorum) of its committees and their sub-committees.

10

The validity of any proceedings of the Commission, or of any of its committees or their sub-committees, is not affected by—

(a) any vacancy amongst the members, or

(b) any defect in the appointment of a member.

Delegation

11

(1) The Commission may delegate any of its functions (to such extent as it determines) to any of its committees.

(2) A committee to which a function has been delegated may further delegate it (to such extent as it determines) to a sub-committee.

12

If the function of selecting a person for appointment, or recommendation for appointment, to an office is delegated to a committee or sub-committee, the committee or sub-committee must include a member of the Commission and, unless he is a lay member, a person who is eligible to be a lay member.

Miscellaneous

13

(1) The Commission is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commission’s property is not to be regarded as property of, or held on behalf of, the Crown.

14

The Commission may do anything, apart from borrowing money, which it considers is—

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

15

The application of the seal of the Commission is to be authenticated by the signature of any member, or member of staff, of the Commission who has been authorised (whether generally or specially) for the purpose.

16

Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.

17

A document purporting to be—

(a) duly executed by the Commission under its seal, or

(b) signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

18

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Judicial Appointments Commission.

19

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)—

The Northern Ireland Judicial Appointments Commission.

Freedom of information

20

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 Northern Ireland Judicial Appointments Commission.

SCHEDULE 3

Temporary High Court judges

1

This Part of this Schedule applies to a listed judicial office to which persons are appointed by Her Majesty; and “listed judicial office” is to be read accordingly.

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