Justice (Northern Ireland) Act 2002

• (a) has made to the Commission or Lord Chancellor in accordance with arrangements under section 9C, and

• (b) makes to the Ombudsman not more than 28 days after being notified of the Commission's or Lord Chancellor's decision on the complaint.

• (2) If the Ombudsman considers that investigation of the complaint is not necessary, he must inform the complainant.

• (3) Otherwise he must investigate the complaint.

• (4) The Ombudsman may investigate a complaint which the complainant—

• (a) has made to the Commission or the Lord Chancellor in accordance with arrangements under section 9C, and

• (b) makes to the Ombudsman at any time.

• (5) The Ombudsman may investigate a transferred complaint made to him, and no such complaint may be made under the Judicial Appointments Order after the commencement of this section.

• (6) The Judicial Appointments Order is the Judicial Appointments Order in Council 2001, which sets out the functions of Her Majesty's Commissioners for Judicial Appointments.

• (7) A transferred complaint is a complaint that lay to those Commissioners (whether or not it was made to them) in respect of the application of procedures for appointment to listed judicial offices before the commencement of this section, but not a complaint that those Commissioners had declined to investigate or on which they had concluded their investigation.

• (8) Any complaint to the Ombudsman under this section must be in a form approved by him.

9E

• (1) The Ombudsman must prepare a report on any complaint he has investigated under section 9D.

• (2) The report must state—

• (a) what findings the Ombudsman has made;

• (b) whether he considers the complaint should be upheld in whole or part;

• (c) if he does, what if any action he recommends should be taken by the Commission or the Lord Chancellor as a result of the complaint.

• (3) The recommendations that may be made under subsection (2)(c) include recommendations for the payment of compensation.

• (4) Such a recommendation must relate to loss which appears to the Ombudsman to have been suffered by the complainant as a result of maladministration and not as a result of any failure to be appointed to an office to which the complaint related.

9F

• (1) This section applies to a report under section 9E.

• (2) The Ombudsman must submit a draft of the report—

• (a) if the complaint was a Commission complaint, to the First Minister and deputy First Minister and to the Commission;

• (b) otherwise, to the Lord Chancellor.

• (3) In finalising the report the Ombudsman—

• (a) must have regard to any proposal for changes in the draft report which is made—

• (i) if the complaint was a Commission complaint, by the First Minister and deputy First Minister acting jointly or by the Commission;

• (ii) otherwise, by the Lord Chancellor;

• (b) must include in the report a statement of any such proposal not given effect to.

• (4) The report must be signed by the Ombudsman.

• (5) If the complaint was a Commission complaint the Ombudsman must send the report in duplicate to the First Minister and deputy First Minister and to the Commission.

• (6) Otherwise the Ombudsman must send the report to the Lord Chancellor.

• (7) The Ombudsman must send a copy of the report to the complainant, but that copy must not include information—

• (a) which relates to an identified or identifiable individual other than the complainant, and

• (b) whose disclosure by the Ombudsman to the complainant would (apart from this subsection) be contrary to section 9I.

9G

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

9H

The Commission and the Lord Chancellor must provide the Ombudsman with such information as he may reasonably require relating to the subject matter of an investigation under section 9D ....

Qualification for appointment

Crown Solicitor

Judicial pensions: pension sharing

Attorney General

Removal of Attorney General

Public Prosecution Service

Annual report by Attorney General

Information for Director

30A

• (1) The Director of Public Prosecutions for Northern Ireland is a corporation sole.

• (2) The Director may do anything, apart from borrowing money, which is calculated to facilitate the exercise of the Director's functions or which is incidental or conducive to the exercise of those functions.

• (3) An instrument or other document purporting to be signed or otherwise executed by or on behalf of the Director is to be received in evidence and is, unless the contrary is proved, to be taken to be so signed or executed.

31A

• (1) The Director may have the conduct of any extradition proceedings in Northern Ireland.

• (2) The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.

32A

• (1) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence the Director, the Deputy Director or a Public Prosecutor in any decision as to whether to institute or continue criminal proceedings.

• (2) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence a barrister or solicitor to whom the Director has under section 36(2) assigned the institution or conduct of any criminal proceedings in any decision as to whether to institute or continue those proceedings.

• (3) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both, and

• (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

• (4) Proceedings for an offence under this section shall not be instituted without the consent of the Director.

Independence of Director

Reparation orders

Interpretation

Chief Inspector of Criminal Justice

Aims of youth justice system

Community safety strategy

Supplementary

Community safety strategy

Local community safety partnerships

Time limit for cases stated by county court

69A

• (1) The Department of Justice must make a scheme requiring the Department of Justice to make available to persons falling within subsection (2) information about—

• (a) the discharge from hospital of, or

• (b) the grant of leave of absence from hospital to,

persons in respect of whom relevant determinations have been made.

• (2) The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information.

• (3) A relevant determination is made in respect of a person if—

• (a) a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or

• (b) a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence.

• (4) The Department of Justice may from time to time make a new scheme or alterations to a scheme.

• (5) The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of—

• (a) his discharge from hospital, or

• (b) the grant of leave of absence from hospital to him.

• (6) A condition is relevant for the purposes of subsection (5) if it appears to the Department of Justice that it might affect a victim of an offence in respect of which the determination was made.

• (7) A scheme may require the Department of Justice to take all reasonable steps to ascertain whether a person who appears to it to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8).

• (8) The matters are—

• (a) whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him;

• (b) if so, what conditions.

• (9) A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made.

• (10) A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme.

• (11) The other information may include, 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 a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital.

• (12) Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section.

• (13) A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.

69B

• (1) If a person who is the victim of an offence in respect of which a relevant determination has been made 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 grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of—

• (a) the actual victim of the offence in respect of which the determination was made, or

• (b) a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)).

• (3) The Department of Justice must—

• (a) have regard to the representations in deciding whether the Department should give its consent to leave of absence being granted, and

• (b) inform the victim of any such decision.

• (4) Section 69A(3) (relevant determination) applies for the purposes of this section.

Exceptional legal aid

Power to abolish Court Service

Minor and consequential amendments

Reserved matters: new institutions

Minor and consequential amendments

Members’ tenure

Retained functions

Retained functions

Members’ tenure

Temporary High Court judges

County court judges and deputy county court judges

Temporary High Court judges

Specific amendments

Coroners and deputy coroners

Statutory officers and deputies and temporary appointments

Chief Social Security Commissioner, Social Security Commissioners and deputy Social Security Commissioners for Northern Ireland

President and members of appeal tribunals

Chief Child Support Commissioner, Child Support Commissioners and deputy Child Support Commissioners for Northern Ireland

Devolution issues

Devolution issues

Human rights

Varying retrospective decisions

Suspension of devolved government

Scheduled offences

Consent to prosecution

SCHEDULE 3A

Circumstances where Ombudsman ineligible to exercise specified functions

1

• (1) The Ombudsman is ineligible to exercise specified functions if either sub-paragraph (2) or (3) applies.

• (2) This sub-paragraph applies where the Ombudsman—

• (a) is engaged in political activity as a member of a political party; or

• (b) has ever been any of these—

• (i) a practising barrister in England and Wales;

• (ii) a practising solicitor of the Senior Courts of England and Wales;

• (iii) a practising advocate in Scotland;

• (iv) a practising solicitor in Scotland;

• (v) a practising member of the Bar of Northern Ireland;

• (vi) a practising solicitor of the Court of Judicature of Northern Ireland;

• (vii) the holder of a listed judicial office.

• (3) This sub-paragraph applies where the Ombudsman considers—

• (a) that the Ombudsman has exercised functions that appear to be of a judicial nature and such as to make it inappropriate for the Ombudsman to exercise specified functions; or

• (b) that past service in a capacity mentioned in sub-paragraph (5) makes it inappropriate for the Ombudsman to exercise specified functions.

• (4) As part of the considerations under sub-paragraph (3), the Ombudsman may consult the Department of Justice.

• (5) The service referred to in sub-paragraph (3)(b) is service as any of these –

• (a) a Commissioner;

• (b) a member of staff of the Commission;

• (c) a person employed in the civil service of the State.

2

• (1) In this Schedule “practising” is to be read in accordance with sub-paragraphs (2) and (3).

• (2) A barrister in England and Wales, an advocate in Scotland or a member of the Bar of Northern Ireland is practising if he is—

• (a) practising as such,

• (b) employed to give legal advice, or

• (c) providing legal advice under a contract for services.

• (3) A solicitor of the Supreme Court, a solicitor in Scotland or a solicitor of the Court of Judicature of Northern Ireland is practising if he is—

• (a) acting as such,

• (b) employed to give legal advice, or

• (c) providing legal advice under a contract for services.

Term of office etc. of Ombudsman

3

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

4

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

5

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

Salary, allowances and expenses

6

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

Acting Ombudsman

7

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

Status of the Ombudsman

8

The person for the time being holding the office of the Ombudsman is by the name of that office a corporation sole.

Powers of the Ombudsman

9

• (1) The Ombudsman does not have power to do any of the following—

• (a) to borrow money;

• (b) to hold real property;

• (c) to appoint staff (except by way of arrangements under paragraph 10).

• (2) Subject to sub-paragraph (1), the Ombudsman may do anything calculated to facilitate, or incidental or conducive to, the carrying out of any of his functions.

• (3) Nothing in this Schedule is to be read as limiting the generality of sub-paragraph (2).

Arrangements for assistance

10

• (1) The Ombudsman may make arrangements with such persons as he considers appropriate for assistance to be provided to him.

• (2) Arrangements may include the paying of fees to such persons.

• (3) In making arrangements, the Ombudsman must have regard to thedesirability of keeping fees broadly in line with those paid by the civil service of Northern Ireland.

Arrangements by the Lord Chancellor

11

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

Delegation of functions

12

• (1) The Ombudsman may delegate any functions to—

• (a) any person with whom arrangements are made under paragraph 10 ..., or

• (b) any person providing assistance to the Ombudsman in pursuance of such arrangements.

• (2) But all recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.

• (3) Sub-paragraph (1) does not apply to the Ombudsman's functions under section 7 or 8 of this Act or section 12B or 12C of the Judicature (Northern Ireland) Act 1978.

Financial provisions and directions

13

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

Code of conduct

14

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

Reports

15

• (1) The Ombudsman must, as soon as practicable after the end of each financial year, lay before the Assembly a report about the performance of his functions during that year.

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

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The Ombudsman must publish any report once copies of it have been laid before the Assembly.

• (6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (1) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.

Documentary evidence

16

A document purporting to be an instrument issued by the Ombudsman and to be signed by or on behalf of the Ombudsman is to be received in evidence and, unless the contrary is proved, taken to be such an instrument and signed in that way.

General

17

• (1) Financial year in this Schedule, means—

• (a) the period beginning with the date on which section 9A comes into force and ending with the following 31 March, and

• (b) each successive period of twelve months.

• (2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (other disqualifying offices) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.

• (3) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (other public bodies and offices which are public authorities) at the appropriate place insert— The Northern Ireland Judicial Appointments Ombudsman.

Retained functions

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))

5A

The Lord Chief Justice may nominate any of the following to exercise his functions under paragraph 4 or 5—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Devolution issues

Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))

Devolution issues

Acting as Attorney General for Northern Ireland during vacancy

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

Devolution issues

Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

Terrorism Act 2000 (c. 11)

Regulatory Reform Act 2001 (c. 6)

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

Terrorism Act 2000 (c. 11)

Life sentence prisoners’ representatives

Scheduled offences

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

Judicature (Northern Ireland) Act 1978 (c. 23)

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

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

Administration of Justice Act 1973 (c. 15)

The Schedule to be inserted after Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) ia as follows—

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

Administration of Justice Act 1973 (c. 15)

Judicature (Northern Ireland) Act 1978 (c. 23)

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24))

Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))

Criminal Justice Act 1988 (c. 33)

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

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Child Support Act 1991 (c. 48)

Criminal Appeal Act 1995 (c. 35)

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

Police (Northern Ireland) Act 1998 (c. 32)

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

Northern Ireland Act 2000 (c. 1)

Regulatory Reform Act 2001 (c. 6)

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

Child Support Act 1991 (c. 48)

Criminal Appeal Act 1995 (c. 35)

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

Sex Offenders Act 1997 (c. 51)

Police (Northern Ireland) Act 1998 (c. 32)

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

Northern Ireland Act 2000 (c. 1)

Terrorism Act 2000 (c. 11)

Regulatory Reform Act 2001 (c. 6)

Editorial notes