Justice and Security (Northern Ireland) Act 2007

• (3) Subject to sub-paragraphs (4) and (5), no requirement under this paragraph for the purposes of a search shall be imposed or have effect after the end of the period of four hours beginning with the time when the first (or only) requirement is imposed in relation to the search.

• (4) In the case of a search by a constable, an officer of the Police Service of Northern Ireland of at least the rank of superintendent may extend the period mentioned in sub-paragraph (3) in relation to a search by a further period of four hours if he reasonably believes that it is necessary to do so in order to carry out the search or to prevent it from being frustrated.

• (5) In the case of a search by a member of Her Majesty's forces, an officer of at least the rank of Major may extend the period mentioned in sub-paragraph (3) in relation to a search by a further period of four hours if he reasonably believes that it is necessary to do so in order to carry out the search or to prevent it from being frustrated.

• (6) The power to extend a period conferred by sub-paragraph (4) or (5) may be exercised only once in relation to a particular search.

Stopping and searching persons

4

• (1) A member of Her Majesty's forces who is on duty may—

• (a) stop a person in a public place, and

• (b) search him for the purpose of ascertaining whether he has munitions unlawfully with him or wireless apparatus with him.

• (2) An member of Her Majesty's forces who is on duty may search a person—

• (a) who is not in a public place, and

• (b) whom the member concerned reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him.

• (3) A member of Her Majesty's forces may search a person entering or found in a dwelling entered under paragraph 2.

• (4) A constable may search a person (whether or not that person is in a public place) whom the constable reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him.

Seizure

5

• (1) This paragraph applies where an officer is empowered by virtue of this Schedule or section 25 or 26 to search premises or a person.

• (2) The officer may—

• (a) seize any munitions found in the course of the search (unless it appears to him that the munitions are being, have been and will be used only lawfully), and

• (b) retain and, if necessary, destroy them.

• (3) The officer may—

• (a) seize any wireless apparatus found in the course of the search (unless it appears to him that the apparatus is being, has been and will be used only lawfully), and

• (b) retain it.

Records

6

• (1) Where an officer carries out a search of premises under this Schedule he shall, unless it is not reasonably practicable, make a written record of the search.

• (2) The record shall specify—

• (a) the address of the premises searched,

• (b) the date and time of the search,

• (c) any damage caused in the course of the search, and

• (d) anything seized in the course of the search.

• (3) The record shall also include the name (if known) of any person appearing to the officer to be the occupier of the premises searched; but—

• (a) a person may not be detained in order to discover his name, and

• (b) if the officer does not know the name of a person appearing to him to be the occupier of the premises searched, he shall include in the record a note describing him.

• (4) The record shall identify the officer—

• (a) in the case of a constable, by reference to his police number, and

• (b) in the case of a member of Her Majesty's forces, by reference to his service number, rank and regiment.

7

• (1) Where an officer makes a record of a search in accordance with paragraph 6, he shall supply a copy to any person appearing to him to be the occupier of the premises searched.

• (2) The copy shall be supplied immediately or as soon as is reasonably practicable.

Offences

8

• (1) A person commits an offence if he—

• (a) knowingly fails to comply with a requirement imposed under paragraph 3, or

• (b) wilfully obstructs, or seeks to frustrate, a search of premises under this Schedule.

• (2) A person guilty of an offence under this paragraph shall be liable—

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

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

9

• (1) A person commits an offence if he fails to stop when required to do so under paragraph 4 or by virtue of paragraph 4A.

• (2) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

SCHEDULE 4

Right to compensation

1

• (1) This paragraph applies where under sections 21 to 32—

• (a) real or personal property is taken, occupied, destroyed or damaged, or

• (b) any other act is done which interferes with private rights of property.

• (2) Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—

• (a) has an estate or interest in the property or is entitled to the rights, and

• (b) suffers loss or damage as a result of the act.

2

No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify.

Time limit

3

• (1) Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act.

• (2) The Secretary of State may, in response to a request made to him in writing, permit an application to be made—

• (a) after the expiry of the period mentioned in sub-paragraph (1), and

• (b) within such longer period, starting from the date of the act and not exceeding six months, as he may specify.

• (3) Where the Secretary of State refuses a request under sub-paragraph (2)—

• (a) he shall serve a notice of refusal on the person who made the request,

• (b) that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and

• (c) the county court may exercise the power of the Secretary of State under sub-paragraph (2).

Determination

4

Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—

• (a) stating that he has decided to award compensation and specifying the amount of the award, or

• (b) stating that he has decided to refuse the application.

5

• (1) An applicant may appeal to the county court against—

• (a) the amount of compensation awarded, or

• (b) the refusal of compensation.

• (2) An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4.

6

• (1) This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—

• (a) knowingly made a false or misleading statement,

• (b) made a statement which he did not believe to be true, or

• (c) knowingly failed to disclose a material fact.

• (2) The Secretary of State may—

• (a) refuse to award compensation,

• (b) reduce the amount of compensation which he would otherwise have awarded, or

• (c) withhold all or part of compensation which he has awarded.

7

Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.

Assignment of right

8

• (1) This paragraph applies where—

• (a) a person has made an application for compensation, and

• (b) his right to compensation has passed to another person by virtue of an assignment or the operation of law.

• (2) The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) as the applicant.

Offenders

9

• (1) This paragraph applies where a person has a right to compensation in respect of an act and—

• (a) the act was done in connection with, or revealed evidence of the commission of an offence, and

• (b) proceedings for the offence are brought against the person.

• (2) The person's right to compensation shall not be enforceable while the proceedings have not been concluded.

• (3) If the person stands convicted of the offence he shall have no right to compensation.

Notices

10

A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right of appeal under paragraph 3(3)(b) or 5.

11

• (1) The Secretary of State may serve a notice under this Schedule on an individual—

• (a) by delivering it to him,

• (b) by sending it by post addressed to him at his usual or last-known place of residence or business, or

• (c) by leaving it for him there.

• (2) The Secretary of State may serve a notice under this Schedule on a partnership—

• (a) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or

• (b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.

• (3) The Secretary of State may serve a notice under this Schedule on a body corporate—

• (a) by sending it by post to the secretary or clerk of the body at its registered or principal office, or

• (b) by addressing it to the secretary or clerk of the body and leaving it at that office.

• (4) The Secretary of State may serve a notice under this Schedule on any person—

• (a) by delivering it to his solicitor,

• (b) by sending it by post to his solicitor at his solicitor's office, or

• (c) by leaving it for his solicitor there.

Offences

12

• (1) A person commits an offence if he obtains compensation or increased compensation for himself or another person by deception.

• (2) In sub-paragraph (1) “deception” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.

• (3) A person commits an offence if for the purposes of obtaining compensation he—

• (a) knowingly makes a false or misleading statement,

• (b) makes a statement which he does not believe to be true, or

• (c) knowingly fails to disclose a material fact.

• (4) A person guilty of an offence under this paragraph shall be liable—

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

• (b) on summary conviction, to imprisonment for a term not exceeding one year, to a fine not exceeding the statutory maximum or to both.

SCHEDULE 5

1

In Schedule 2 to the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), the inserted Schedule 4A to the Northern Ireland Act 1998 (c. 47) (department with policing and justice functions) is amended as follows.

2

After Part 3 insert—

(11A) (1) This Part of this Schedule has effect in relation to a Northern Ireland department— (a) the functions of which consist wholly or mainly of devolved policing and justice functions; and (b) in relation to which an Act of the Assembly provides, by virtue of section 21A(5A)— (i) for it to be in the charge of a Northern Ireland Minister (the “relevant Minister”) elected by the Assembly; and (ii) for that Minister to be supported by a deputy Minister (the “deputy Minister”) elected by the Assembly. (2) In this paragraph “devolved policing and justice function” has the same meaning as in section 21A (see subsection (8) of that section). (11B) (1) Section 16A shall have effect subject to the following modifications. (2) Subsection (2) shall have effect as if, at the end there were inserted “; and the deputy Minister (within the meaning of Part 3A of Schedule 4A) shall cease to hold office.” (3) Subsection (3) shall have effect as if, for paragraph (b) (and the word “and” before it) there were substituted— (aa) once those offices have been filled, the relevant Ministerial office (within the meaning of Part 3A of Schedule 4A) and the deputy Ministerial office (within that meaning) shall be filled by applying paragraph 11E(2)(b) and (3) to (8) of that Schedule; and (b) once those offices have been filled, the other Ministerial offices to be held by Northern Ireland Ministers shall be filled by applying section 18(2) to (6). (11C) (1) Subject to sub-paragraphs (2) to (5), section 18 (Northern Ireland Ministers) shall not apply in relation to— (a) the relevant Minister; or (b) the Ministerial office held by the relevant Minister (the “relevant Ministerial office”), and paragraphs 11E to 11G shall apply instead. (2) The references to Ministerial offices in subsection (1)(c) and (d) of section 18 shall be taken to include the relevant Ministerial office. (3) In the application of section 18(5) to a political party which is entitled to two or more Ministerial offices, the reference to Ministerial offices (in the definition of M)— (a) at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is nil, shall be taken not to include the relevant Ministerial office; but (b) at any time when the number of Ministerial offices held by members of the party (apart from the relevant Ministerial office) is one or more, shall be taken to include the relevant Ministerial office. (4) In the application of section 18(5) to any other political party, that reference to Ministerial offices shall be taken to include the relevant Ministerial office. (5) For the purposes of this paragraph, a political party is entitled to two or more Ministerial offices if the nominating officer of the party would be entitled to nominate persons to hold two or more Ministerial offices under section 18, assuming that— (a) on each occasion on which a nominating officer of a political party is entitled to exercise the power conferred by section 18(2), he does so within the period mentioned in section 18(3)(a); (b) the nominated person, in each case, takes up the selected Ministerial office within that period; and (c) the reference in section 18(5) to Ministerial offices (in the definition of M) is taken to include the relevant Ministerial office. (11D) (1) The deputy Minister is to be treated for the purposes of this Act as if he were a junior Minister, but the provisions of section 19 (junior Ministers) shall not apply in relation to— (a) him; or (b) the office held by him (the “deputy Ministerial office”), (so that, in particular, the deputy Ministerial office shall not count for the purposes of any formulae or other rules mentioned in section 19(2)); and the following provisions of this Part of this Schedule shall apply instead. (2) The functions exercisable by virtue of the deputy Ministerial office shall be those determined in relation to that office by the relevant Minister and the deputy Minister acting jointly. (3) The relevant Minister and the deputy Minister shall consult the First Minister and the deputy First Minister before making any determination under sub-paragraph (2). (11E) (1) When devolved policing and justice functions are first transferred to, or conferred on, the department mentioned in paragraph 11A, the relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders. (2) The relevant Ministerial office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8)— (a) before section 18(2) to (6) is applied in relation to the other Ministerial offices; and (b) before the procedures specified in any determination under section 19 are applied in relation to the junior Ministerial offices. (3) Any member of the Assembly may stand as a candidate for election as— (a) the relevant Minister; or (b) the deputy Minister. (4) But a member of the Assembly may not stand for election to either of those offices unless— (a) he belongs to the largest or the second largest political designation (see paragraph 11H); (b) he is nominated by another member of the Assembly; and (c) if he is a member of a political party, the nominating officer of the party consents to his nomination within a period specified in standing orders. (5) A candidate shall not be elected to either of those offices by the Assembly without the support of— (a) a majority of the members voting in the election; (b) a majority of the designated Nationalists voting; and (c) a majority of the designated Unionists voting. (6) A candidate shall not be elected to hold office as deputy Minister unless— (a) the relevant Ministerial office is filled; and (b) the candidate and the relevant Minister belong to different political designations. (7) A person elected to the office of relevant Minister or deputy Minister shall not take up office until he has affirmed the terms of the pledge of office. (8) If a person elected to either office does not take up the office within a period specified in standing orders, his election shall be deemed to be ineffective. (9) The relevant Minister or the deputy Minister shall cease to hold office if— (a) he resigns by notice in writing to the First Minister and the deputy First Minister; (b) he ceases to be a member of the Assembly otherwise than by virtue of a dissolution; (c) where consent to his nomination was required under sub-paragraph (4)(c), he is dismissed by the nominating officer who consented (or that officer's successor) and the Presiding Officer is notified of his dismissal. (10) If the relevant Minister or the deputy Minister ceases to hold office at any time, otherwise than by virtue of section 16A(2), the office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders. (11) But if— (a) the relevant Ministerial office is filled by virtue of sub-paragraph (10); and (b) the person appointed as the relevant Minister belongs to the same political designation as the deputy Minister, the deputy Minister shall cease to hold office and the deputy Ministerial office shall be filled by applying sub-paragraphs (3) to (8) within a period specified in standing orders. (12) Standing orders may make provision with respect to the holding of elections under this paragraph. (11F) (1) The holding of office as First Minister or deputy First Minister shall not prevent a person being elected to hold— (a) the relevant Ministerial office; or (b) the deputy Ministerial office. (2) Where— (a) the Assembly has resolved under section 30(2) that a political party does not enjoy its confidence; and (b) the party's period of exclusion under that provision has not come to an end, no member of that party may be nominated under paragraph 11E(4)(b). (3) Where— (a) the Secretary of State has given a direction under section 30A(5) in respect of a political party; and (b) the party's period of exclusion under that provision has not come to an end, no member of that party may be nominated under paragraph 11E(4)(b). (4) In this paragraph, a reference to a period of exclusion under any provision is, in the case of a period of exclusion under that provision which has been extended, a reference to that period as extended. (11G) (1) If, as a result of the relevant Minister (“the former Minister”) ceasing to hold office and the relevant Ministerial office being filled by virtue of paragraph 11E(10)— (a) the total number of Ministerial offices held by members of a political party increases; or (b) the total number of Ministerial offices held by members of a political party decreases, all other Northern Ireland Ministers shall cease to hold office and those Ministerial offices shall be filled by applying section 18(2) to (6) within a period specified in standing orders. (2) But sub-paragraph (1) shall not apply if— (a) the former Minister ceased to hold office by virtue of being dismissed by a nominating officer under paragraph 11E(9)(c); and (b) before the relevant Ministerial office was filled, either of the conditions in sub-paragraph (3) was satisfied in relation to each member of the Assembly who was a member of the political party of the nominating officer. (3) The conditions are that— (a) another member of the Assembly sought to nominate the member under paragraph 11E(4)(b) for the relevant Ministerial office but consent to his nomination was not given in accordance with paragraph 11E(4)(c); or (b) the member was elected to the relevant Ministerial office, but the member did not take up the office within the period specified in standing orders by virtue of paragraph 11E(8). (11H) (1) In this Part of this Schedule “nominating officer” has the same meaning as in section 18. (2) For the purposes of this Part of this Schedule, a member of the Assembly is to be taken— (a) to belong to the political designation “Nationalist” if he is a designated Nationalist; (b) to belong to the political designation “Unionist” if he is a designated Unionist; (c) otherwise, to belong to the political designation “Other”; and the size of each of the political designations “Nationalist”, “Unionist” and “Other” is to be determined in accordance with section 16C(4) and (5).

3

In paragraph 12(1), for “or (5)” substitute “ , (5) or (5A) or an Order in Council under section 21A(7C) ”.

SCHEDULE 6

Interpretation

1

2

3

Unlicensed services: offences

4

5

6

7

Application for licence

8

Issue of licence

9

Conditions of licence

10

Refusal of licence

11

Duration of licence

12

Revocation of licence

13

Appeal

14

15

Change of personnel

16

17

18

19

Records

20

21

Offence: body corporate

22

Notice

23

SCHEDULE 7

Issue of certificate

Certificates: supplementary

Court for trial

Rules of court

Supplementary

Duration of non-jury trial provisions

Duration of non-jury trial provisions

Chief Electoral Officer to provide additional information to Juries Officer

Abolition of peremptory challenge in criminal cases

Abolition of peremptory challenge in criminal cases

Legal proceedings

Investigations: access to prisons, &c.

Recommendations

Timing

Northern Ireland department with policing and justice functions

Chief Inspector of Criminal Justice

Altering title of resident magistrate

Altering title of resident magistrate

Private Security Industry

Amendments of the Private Security Industry Act 2001

Financial provisions

Criminal Procedure and Investigations Act 1996 (c. 25)

Criminal Justice Act 2003 (c. 44)

Domestic Violence, Crime and Victims Act 2004 (c. 28)

Introduction

No inspection of Jurors Lists and panels

Procedure for ascertaining attendance of jurors to be conducted in private

Balloting of jurors by number rather than by name

Interpretation

Entering premises

Stopping and searching persons: general

Seizure

Records

Offences

Right to compensation

Time limit

Determination

Assignment of right

Offenders

Notices

Offences

Interpretation

Unlicensed services: offences

Application for licence

Issue of licence

Conditions of licence

Refusal of licence

Duration of licence

Revocation of licence

Appeal

Change of personnel

Records

Offence: body corporate

Notice

Editorial notes

[^c2083799]: S. 8 wholly in force at 1.8.2007; s. 8 not in force at Royal Assent see s. 53(4); s. 8(4) in force at 19.7.2007 and s. 8(1)-(3) in force at 1.8.2007 by S.I. 2007/2045, art. 2(1)(3)(h)

[^c2083862]: S. 53(4) power partly exercised: different dates appointed for specified provisions by {S.I. 2007/2045}, art. 2 (with art. 3); 7.11.2007 for a specified provision by {S.I. 2007/3069}, art. 2; different dates appointed for specified provisions by {S.I. 2009/446}, arts. 2, 3

[^c2083868]: S. 48 wholly in force at 8.3.2009; s. 48 not in force at Royal Assent see s 53(4); s. 48(1)(2)(6)(7) in force at 1.8.2007 by S.I. 2007/2045, art. 2(3)(p); s. 48(3)-(5) in force at 8.3.2009 by S.I. 2009/446, art. 2(2)(a)

[^c2083875]: S. 1(6A) inserted (18.6.2009) by Counter Terrorism Act 2008 (c. 28), ss. 28(6), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(a)

[^c2083884]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083885]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083886]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083887]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083888]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083889]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083890]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083891]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083892]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083893]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083894]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083895]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083896]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083897]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083899]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083903]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083904]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083905]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083906]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083907]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083911]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2083912]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^c2085469]: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4

[^key-113a51508f67ff9f0ec2672e06718a56]: Words in Sch. 3 para. 4(2) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 1(3)(b) (with s. 97); S.I. 2012/1205, art. 4(h)

[^key-9af224a30c0130f54ce17f3539792283]: Words in Sch. 3 para. 4(1) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 1(2) (with s. 97); S.I. 2012/1205, art. 4(h)

[^key-a5a8a95e17457a3e126aef9956f37d24]: Words in Sch. 3 para. 9(1) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 3 (with s. 97); S.I. 2012/1205, art. 4(h)

[^key-b70cc4fc0407829e595e46607e8fe726]: Sch. 3 paras. 4A-4I inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 2 (with s. 97); S.I. 2012/1205, art. 4(h)

[^key-be6c73f739a1ae42a32c9760c64fd1d7]: S. 3 repealed (17.10.2022) by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), s. 5(2), Sch. para. 17; S.R. 2022/221, art. 2(d)

[^key-c4894e29213784c64e2b8ad1a67b8825]: Words in Sch. 3 para. 4(2) substituted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 1(3)(a) (with s. 97); S.I. 2012/1205, art. 4(h)

[^key-f47eae60b95c2b1c691b6335dff3d4fb]: Sch. 3 para. 4(4) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 1(4) (with s. 97); S.I. 2012/1205, art. 4(h)

[^M_C_018594f9-fefb-48e3-e0d8-6e2bcdb98b91]: Ss. 1-8 continued until 1.8.2017 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2015 (S.I. 2015/1572), art. 2

[^M_C_4bd34880-ddeb-414e-b4a5-a08bf327b8d9]: Ss. 1-8 continued until 1.8.2021 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019 (S.I. 2019/1097), art. 2

[^M_C_5c1e5e11-cc82-4400-c9d1-58dd12bc7e5d]: Ss. 1-8 continued until 1.8.2015 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2013 (S.I. 2013/1619), art. 2

[^M_C_a6f629c2-514e-4c3d-e6ca-c789c21e5e43]: Ss. 1-8 continued until 1.8.2023 by The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2021 (S.I. 2021/876), art. 2

[^M_C_bdf2860c-2071-41f3-c089-b14076cbcada]: Ss. 1-8 continued until 1.8.2011 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2009 (S.I. 2009/2090), art. 2

[^M_C_cad3a2dc-1fec-4e29-a2d3-30ad8a71a596]: Ss. 1-8 continued until 1.8.2013 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2011 (S.I. 2011/1720), art. 2

[^M_C_e5397fbd-2638-48cf-de20-c896037def57]: Ss. 1-8 continued until 1.8.2019 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2017 (S.I. 2017/798), art. 2

[^M_F_2e7ca2ba-c33b-4ab6-9664-8a4d18b5bd3d]: Ss. 1-8 expire on 1.8.2009 by virtue of s. 9(1) of this Act; S.I. 2007/2045, art. 2(3)(a)

[^M_F_a60d608a-7d6e-401a-c63f-0e297b24d4e2]: Words in Sch. 3 para. 4 cross-heading inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 1(5) (with s. 97); S.I. 2012/1205, art. 4(h)

[^M_C_85ee96ac-0286-400f-dda3-d596230cbd14]: Sch. 1 continued until 1.8.2011 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2009 (S.I. 2009/2090), art. 2

[^M_F_7c0a5de9-a044-4d1e-ba07-f07afe087c8d]: Sch. 1 expires on 1.8.2009 by virtue of s. 9(1) of this Act; S.I. 2007/2045, art. 2(3)(a)

[^M_C_96b39e5c-5684-4745-af1d-f4254e3945ce]: Sch. 1 continued until 1.8.2013 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2011 (S.I. 2011/1720), art. 2

[^M_C_810d381a-9a7b-4766-9e19-1bd256e24f71]: Sch. 1 continued until 1.8.2015 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2013 (S.I. 2013/1619), art. 2

[^M_C_abfe5fd9-8d39-48fa-e319-52157c62553e]: Sch. 1 continued until 1.8.2017 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2015 (S.I. 2015/1572), art. 2

[^M_C_a0f6b434-5b85-453f-bd8f-a341927e8d0f]: Sch. 1 continued until 1.8.2019 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2017 (S.I. 2017/798), art. 2

[^M_C_e22cb382-356c-458e-9b33-5d4e20cbd37f]: Sch. 1 continued until 1.8.2021 by The Justice and Security (Northern Ireland) Act 2007 (Extension of duration of non-jury trial provisions) Order 2019 (S.I. 2019/1097), art. 2

[^M_C_3dc22862-0fa3-4064-dbe3-ab73de5201b4]: Sch. 1 continued until 1.8.2023 by The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2021 (S.I. 2021/876), art. 2

[^key-003cb78ef249d9fc4c99edbf82d94de4]: Ss. 1-8 continued until 1.8.2025 by The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023 (S.I. 2023/668), arts. 1(1), 2

[^key-e89def7625cdce9f0bcf13fa7bb55127]: Sch. 1 continued until 1.8.2025 by The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023 (S.I. 2023/668), arts. 1(1), 2

Stopping and searching persons in specified locations

4A

• (1) A senior officer may give an authorisation under this paragraph in relation to a specified area or place if the officer—

• (a) reasonably suspects (whether in relation to a particular case, a description of case or generally) that the safety of any person might be endangered by the use of munitions or wireless apparatus, and

• (b) reasonably considers that—

• (i) the authorisation is necessary to prevent such danger,

• (ii) the specified area or place is no greater than is necessary to prevent such danger, and

• (iii) the duration of the authorisation is no longer than is necessary to prevent such danger.

• (2) An authorisation under this paragraph authorises any constable to stop a person in the specified area or place and to search that person.

• (3) A constable may exercise the power conferred by an authorisation under this paragraph only for the purpose of ascertaining whether the person has munitions unlawfully with that person or wireless apparatus with that person.

• (4) But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there are such munitions or wireless apparatus.

• (5) A constable exercising the power conferred by an authorisation under this paragraph may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

• (6) Where a constable proposes to search a person by virtue of an authorisation under this paragraph, the constable may detain the person for such time as is reasonably required to permit the search to be carried out at or near the place where the person is stopped.

• (7) A senior officer who gives an authorisation under this paragraph orally must confirm it in writing as soon as reasonably practicable.

• (8) In this paragraph and paragraphs 4B to 4I—

• “senior officer” means an officer of the Police Service of Northern Ireland of at least the rank of assistant chief constable,

• “specified” means specified in an authorisation.

4B

• (1) An authorisation under paragraph 4A has effect during the period—

• (a) beginning at the time when the authorisation is given, and

• (b) ending with the specified date or at the specified time.

• (2) This paragraph is subject as follows.

4C

The specified date or time must not occur after the end of the period of 14 days beginning with the day on which the authorisation is given.

4D

• (1) The senior officer who gives an authorisation must inform the Secretary of State of it as soon as reasonably practicable.

• (2) An authorisation ceases to have effect at the end of the period of 48 hours beginning with the time when it is given unless it is confirmed by the Secretary of State before the end of that period.

• (3) An authorisation ceasing to have effect by virtue of sub-paragraph (2) does not affect the lawfulness of anything done in reliance on it before the end of the period concerned.

• (4) When confirming an authorisation, the Secretary of State may—

• (a) substitute an earlier date or time for the specified date or time;

• (b) substitute a more restricted area or place for the specified area or place.

4E

The Secretary of State may cancel an authorisation with effect from a time identified by the Secretary of State.

4F

• (1) A senior officer may—

• (a) cancel an authorisation with effect from a time identified by the officer concerned;

• (b) substitute an earlier date or time for the specified date or time;

• (c) substitute a more restricted area or place for the specified area or place.

• (2) Any such cancellation or substitution in relation to an authorisation confirmed by the Secretary of State under paragraph 4D does not require confirmation by the Secretary of State.

4G

The existence, expiry or cancellation of an authorisation does not prevent the giving of a new authorisation.

4H

• (1) An authorisation under paragraph 4A given by a senior officer may specify—

• (a) the whole or part of Northern Ireland,

• (b) the internal waters or any part of them, or

• (c) any combination of anything falling within paragraph (a) and anything falling within paragraph (b).

• (2) In sub-paragraph (1)(b) “internal waters” means waters in the United Kingdom which are adjacent to Northern Ireland.

• (3) Where an authorisation specifies more than one area or place—

• (a) the power of a senior officer under paragraph 4B(1)(b) to specify a date or time includes a power to specify different dates or times for different areas or places (and the other references in this Schedule to the specified date or time are to be read accordingly), and

• (b) the power of the Secretary of State under paragraph 4D(4)(b), and of a senior officer under paragraph 4F(1)(c), includes a power to remove areas or places from the authorisation.

4I

• (1) Sub-paragraph (2) applies if any decision of—

• (a) a senior officer to give, vary or cancel an authorisation under paragraph 4A, or

• (b) the Secretary of State to confirm, vary or cancel such an authorisation,

is challenged on judicial review or in any other legal proceedings.

• (2) The Secretary of State may issue a certificate that—

• (a) the interests of national security are relevant to the decision, and

• (b) the decision was justified.

• (3) The Secretary of State must notify the person making the challenge (“the claimant”) if the Secretary of State intends to rely on a certificate under this paragraph.

• (4) Where the claimant is notified of the Secretary of State's intention to rely on a certificate under this paragraph—

• (a) the claimant may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and

• (b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure and further appeal) apply but subject to sub-paragraph (5).

• (5) In its application by virtue of sub-paragraph (4)(b), section 90(3) of the Act of 1998 is to be read as if for the words from “subsection” to “that purpose,” there were substituted “paragraph 4I(4)(a) of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 the Tribunal determines that—

(a) the interests of national security are relevant to the decision to which the certificate relates, and (b) the decision was justified,

.

• (6) Rules made under section 91 or 92 of the Act of 1998 which are in force immediately before this paragraph comes into force have effect in relation to a certificate under this paragraph—

• (a) with any necessary modifications, and

• (b) subject to any later rules made by virtue of sub-paragraph (4)(b).

Mode of trial on indictment

Restrictions on disclosure of juror information

Jurors found to be disqualified before being summoned

Legal proceedings

Investigations: evidence

Investigations: access to prisons, &c.

Investigations: terms of reference

Northern Ireland department with policing and justice functions

Chief Inspector of Criminal Justice

Free legal aid in magistrates' courts

Private Security Industry

Amendments of the Private Security Industry Act 2001

Repeals and revocations