Justice (Northern Ireland) Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Justice (Northern Ireland) Bill [HL]

Justice (Northern Ireland) Bill [HL]
1

A
Bill
To
amend Part 1 of the Justice (Northern Ireland) Act 2002; to make further
provision concerning the public prosecution service established by that Act; to
impose a new duty on certain criminal justice organisations in Northern
Ireland in relation to human rights standards; to make provision
consequential on the dissolution of the Juvenile Justice Board; to amend the
law relating to bail in Northern Ireland; to provide for the transfer of certain
prisoners from Northern Ireland to England and Wales; to amend section 103
of the Terrorism Act 2000; to provide for driving while disqualified to be an
arrestable offence in Northern Ireland; to re-enact with amendments sections
79 to 81 of the Justice (Northern Ireland) Act 2002 and make further provision
about court security officers in Northern Ireland; to enable barristers in
Northern Ireland to enter into contracts for the provision of their services; and
for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
The judiciary
1
Transfer to Lord Chancellor of functions relating to Judicial Appointments
Commission
The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as
set out in Schedule 1 for the purpose of transferring to the Lord Chancellor
5
functions exercisable by the First Minister and deputy First Minister, acting
jointly, in relation to the Northern Ireland Judicial Appointments Commission.
2
Membership of the Commission
(1)
In section 3 of the 2002 Act for subsection (8) (lay members of the Commission
to be representative of the community in Northern Ireland) substitute—
10
“(8)
It is the duty of—

Bill 55 53/3

Justice (Northern Ireland) Bill [HL]
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(a)
the Lord Chancellor, and
(b)
those responsible for making nominations under subsection
(5)(a) and (b),

to make such arrangements in connection with the exercise of their
functions under this section as will, so far as is practicable, secure that
5
the membership of the Commission is reflective of the community in
Northern Ireland.”
(2)
In Schedule 2 to the 2002 Act in paragraph 1 (tenure of judicial members) for
sub-paragraph (1) substitute—
    “(1)
Subject as follows, a judicial member of the Commission holds office
10
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.”
15
3
Duty of Commission to secure judiciary reflective of the community
In section 5 of the 2002 Act for subsections (8) and (9) (duty of Commission to
secure range of persons reflective of community in Northern Ireland is
available for consideration by the Commission, but appointment to be on basis
of merit) substitute—
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“(8)
The selection of a person to be appointed, or recommended for
appointment, to a listed judicial office (whether initially or after
reconsideration) must be made solely on the basis of merit.
(9)
Subject to that, the Commission must at all times engage in a
programme of action which complies with subsection (10).
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(10)
A programme of action complies with this subsection if—
(a)
it is designed to secure, so far as it is reasonably practicable to
do so, that appointments to listed judicial offices are such that
those holding such offices are reflective of the community in
Northern Ireland;
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(b)
it requires the Commission, so far as it is reasonably practicable
to do so, to secure that a range of persons reflective of the
community in Northern Ireland is available for consideration
by the Commission whenever it is required to select a person to
be appointed, or recommended for appointment, to a listed
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judicial office; and
(c)
it is for the time being approved by the Commission for the
purposes of this section.”
4
Appointment of Lord Chief Justice and Lords Justices of Appeal
In section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (as
40
substituted by section 4 of the 2002 Act) for subsections (3) to (5) (consultations
by Prime Minister before making recommendations to Her Majesty as to
appointment of Lord Chief Justice or Lord Justice of Appeal) substitute—
“(3)
Before making any recommendation to Her Majesty concerning an
appointment under subsection (1) or (2) the Prime Minister shall—
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Justice (Northern Ireland) Bill [HL]
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(a)
require the First Minister and deputy First Minister, acting
jointly, to make a recommendation to him concerning the
appointment in such form as the Prime Minister may specify,
and
(b)
consider any recommendation so made.
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(4)
Before making any recommendation under subsection (3)(a) the First
Minister and deputy First Minister shall consult the Lord Chief Justice
or, if the office of Lord Chief Justice is vacant or he is not available, the
most senior Lord Justice of Appeal who is available.
(5)
The Northern Ireland Judicial Appointments Commission shall give to
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the First Minister and deputy First Minister advice as to the procedure
which, whenever they are required by the Prime Minister to make any
recommendation under subsection (3)(a), they should adopt for
formulating that recommendation.
(6)
After considering that advice, the First Minister and deputy First
15
Minister acting jointly shall, with the approval of the Prime Minister,
determine the procedure which, whenever they are required by the
Prime Minister to make any recommendation under subsection (3)(a),
they are to adopt for formulating that recommendation and on each
occasion on which they are so required, they shall adopt that
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procedure.”
Prosecutors
5
Duty of Director of Public Prosecutions to refer certain matters to Police
Ombudsman
(1)
Section 55 of the Police (Northern Ireland) Act 1998 (c. 32) (referral of matters
25
to Ombudsman) is amended as set out in subsections (2) to (5).
(2)
In subsection (1) (power of Policing Board, Director or Secretary of State to
refer certain matters) omit the words “, the Director” (wherever they occur).
(3)
After subsection (4) insert—
“(4A)
The Director shall refer to the Ombudsman any matter which—
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(a)
appears to the Director to indicate that a police officer—
(i)
may have committed a criminal offence; or
(ii)
may, in the course of a criminal investigation, have
behaved in a manner which would justify disciplinary
proceedings; and
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(b)
is not the subject of a complaint,

unless it appears to the Director that the Ombudsman is already aware
of the matter.
(4B)
In subsection (4A) “criminal investigation” has the same meaning as in
Part 2 of the Criminal Procedure and Investigations Act 1996 (c. 25).”
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(4)
In subsection (5) (power of Ombudsman to investigate matters referred under
subsection (4)) after “(4)” insert “, or (4A)”.
(5)
In subsection (7) (duty on Ombudsman to notify outcome of criminal or
disciplinary proceedings) omit “, the Director”.

Justice (Northern Ireland) Bill [HL]
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(6)
In section 64(2A)(b) of the Police (Northern Ireland) Act 1998 (Ombudsman not
to investigate matter referred under section 55(1), (2) or (4) if it took place more
than the prescribed period before the date of referral) for “or (4)” substitute
“, (4) or (4A)”.
6
Influencing a prosecutor
5
After section 32 of the 2002 Act insert—
“32A Influencing a prosecutor
(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
10
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
15
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
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(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.”
Criminal justice organisations
25
7
Guidance for criminal justice organisations on human rights standards
(1)
The Attorney General for Northern Ireland shall issue, and as he thinks
appropriate from time to time revise, guidance to organisations to which this
section applies on the exercise of their functions in a manner consistent with
international human rights standards relevant to the criminal justice system.
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(2)
In the exercise of its functions, such an organisation shall have regard to any
guidance for the time being in operation under this section; but this does not
affect the operation, in relation to any such organisation, of section 6 of the
Human Rights Act 1998 (c. 42) (public authority not to act in a way
incompatible with a Convention right).
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(3)
Any guidance issued or revised under this section—
(a)
shall be published in such manner as the Attorney General for
Northern Ireland thinks appropriate;
(b)
shall be laid before each House of Parliament; and
(c)
shall not come into operation until the Attorney General for Northern
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Ireland by order so provides.
(4)
This section applies to the following organisations—
(a)
the Public Prosecution Service for Northern Ireland,

Justice (Northern Ireland) Bill [HL]
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(b)
the Court Service,
(c)
the Probation Board for Northern Ireland,
(d)
the Police Ombudsman for Northern Ireland,
(e)
the Northern Ireland Office, but only in respect of functions exercised
by—
5
(i)
the Northern Ireland Prison Service,
(ii)
the Youth Justice Agency,
(iii)
Forensic Science Northern Ireland,
(iv)
the State Pathologist’s Department, or
(v)
the Compensation Agency;
10
and accordingly references in this section to the functions of an organisation
are, in the case of the Northern Ireland Office, references to the functions
mentioned in paragraph (e).
(5)
The Attorney General for Northern Ireland may by order amend subsection (4)
by—
15
(a)
adding any organisation having a role in the criminal justice system in
Northern Ireland (apart from a court or tribunal);
(b)
omitting an organisation; or
(c)
altering the description of an organisation;
and an order under this subsection may make appropriate consequential
20
amendments in this section or in any other enactment (whenever passed or
made).
(6)
In section 52 of the Police (Northern Ireland) Act 2000 (c. 32) (code of ethics for
police officers) after subsection (2) insert—
“(2A)
In revising the code the Chief Constable and the Board shall also have
25
regard to any guidance for the time being in operation under section 7
of the Justice (Northern Ireland) Act 2004.”
(7)
In section 37 of the 2002 Act (code of practice for prosecutors) after subsection
(5) insert—
“(5A)
In preparing or making alterations to a code the Director must also
30
have regard to any guidance for the time being in operation under
section 7 of the Justice (Northern Ireland) Act 2004.”
(8)
Nothing in this section requires the Public Prosecution Service for Northern
Ireland to have regard to so much of any guidance for the time being in
operation under this section as is inconsistent with a provision of a code of
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practice issued under section 37 of the 2002 Act.
(9)
In Schedule 7 to the 2002 Act (functions of Advocate General for Northern
Ireland) after paragraph 7 insert—
“7A
In section 7 of the Justice (Northern Ireland) Act 2004 (guidance for
criminal justice organisations on human rights standards)—
40
(a)
after subsection (1) insert—
“(1A)
Before issuing or revising any guidance under this
section, the Attorney General for Northern Ireland
shall consult the Advocate General for Northern
Ireland.”;
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Justice (Northern Ireland) Bill [HL]
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(b)
after subsection (5) insert—
“(5A)
Before making an order under subsection (3)(c) or
(5), the Attorney General for Northern Ireland shall
consult the Advocate General for Northern
Ireland.””
5
8
The Juvenile Justice Board
(1)
Section 46 of the 2002 Act (organisations subject to inspection by the Chief
Inspector) is amended as set out in subsections (2) to (4) in consequence of the
dissolution of the Juvenile Justice Board and the establishment of the Youth
Justice Agency.
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(2)
In subsection (1) for paragraph (g) substitute—
“(g)
the Youth Justice Agency;”.
(3)
In subsection (1)(h) omit “(other than the Juvenile Justice Board)”.
(4)
In subsection (4) for “Juvenile Justice Board” substitute “Youth Justice
Agency”.
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(5)
The following provisions (which are spent or of no practical utility in
consequence of the dissolution of the Juvenile Justice Board) shall cease to have
effect—
(a)
the Malone and Whiteabbey Training Schools Act (Northern Ireland)
1956 (c. 4 (N. I.));
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(b)
in the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I.
1998/1504 (N.I. 9))—
(i)
Article 56; and
(ii)
Article 57(2);
(c)
in Schedule 1 to the Commissioner for Children and Young People
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(Northern Ireland) Order 2003 (S.I. 2003/439 (N.I. 11)) in paragraph 13
the words “The Juvenile Justice Board and” and the word “other”.
Bail
9
Prosecution right of appeal against grant of bail by magistrates’ court
(1)
Where a magistrates’ court grants bail to a person who is charged with, or
30
convicted of, an offence punishable by imprisonment, the prosecution may
appeal to the High Court against the granting of bail.
(2)
Subsection (1) applies only where the prosecution is conducted—
(a)
by or on behalf of the Director of Public Prosecutions, or
(b)
on behalf of the Police Service of Northern Ireland (whether by a
35
member of that Service or any other person).
(3)
An appeal under subsection (1) may be made only if—
(a)
the prosecution made representations that bail should not be granted,
and
(b)
the representations were made before it was granted.
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(4)
Where the prosecution wishes to exercise the right of appeal under subsection
(1), oral notice of appeal shall be given to the magistrates’ court at the

Justice (Northern Ireland) Bill [HL]
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conclusion of the proceedings in which bail has been granted and before the
release from custody of the person concerned.
(5)
Written notice of appeal shall thereafter be served on the magistrates’ court
and the person concerned within two hours of the conclusion of such
proceedings.
5
(6)
On receipt from the prosecution of oral notice of appeal from its decision to
grant bail, the magistrates’ court shall remand in custody the person
concerned, until the appeal is determined or otherwise disposed of.
(7)
Where the prosecution fails, within the period of two hours mentioned in
subsection (5), to serve one or both of the notices required by that subsection,
10
the appeal shall be deemed to have been disposed of.
(8)
The hearing of an appeal under subsection (1) against a decision of the
magistrates’ court to grant bail shall be commenced within 48 hours, excluding
weekends, Christmas Day, Good Friday and a bank holiday, from the time
when oral notice of appeal is given.
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(9)
An appeal by the prosecution under this section shall be by way of re-hearing,
and on such an appeal the High Court may—
(a)
remand the person concerned in custody, or
(b)
grant bail subject to such conditions (if any) as it thinks fit.
(10)
No appeal lies against the decision of the High Court on an appeal under this
20
section.
(11)
In relation to a person under the age of 21, the reference in subsection (1) to an
offence punishable by imprisonment is to be read as a reference to an offence
which would be so punishable in the case of a person over that age.
10
Bail under section 67 of the Terrorism Act 2000
25
(1)
A person admitted to bail under section 67 of the Terrorism Act 2000 (c. 11)
shall be under a duty to surrender to custody.
(2)
Schedule 2 (which makes provision for the enforcement of the duty under
subsection (1) and contains other provisions relating to persons admitted to
bail under section 67 of the Terrorism Act 2000) shall have effect.
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(3)
In this section and Schedule 2—

“bail” means bail granted under section 67 of the Terrorism Act 2000;

“surrender to custody”, in relation to a person admitted to bail, means
surrender himself (according to the requirements of the grant of bail)—
(a)
into the custody of a court at the time and place for the time
35
being appointed for him to do so; or
(b)
into the custody of the governor of a prison at the time and place
for the time being appointed for him to do so.
(4)
This section and Schedule 2 shall, by virtue of this subsection, cease to have
effect—
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(a)
on 19th February 2006; or
(b)
on such earlier date as the Secretary of State may by order appoint.