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Justice (Northern Ireland) Bill [HL] Schedule 1 — Transfer to Lord Chancellor of functions relating to Northern Ireland Judicial Appointments Commission |
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Transfer to Lord Chancellor of functions relating to Northern Ireland |
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Judicial Appointments Commission |
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1 | In section 2(2) of the 2002 Act for “First Minister and deputy First Minister, |
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acting jointly,” substitute “Lord Chancellor”. |
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2 | In section 3(2)(b) of the 2002 Act for “First Minister and deputy First |
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Minister, acting jointly” substitute “Lord Chancellor”. |
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3 (1) | Section 5 of the 2002 Act is amended as follows. |
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(2) | In subsection (3) for “First Minister and deputy First Minister, acting |
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jointly,” substitute “Lord Chancellor”. |
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(3) | In subsection (4) for “Office of the First Minister and deputy First Minister” |
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substitute “Lord Chancellor” and for “that Office” substitute “the Lord |
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(a) | for “First Minister and deputy First Minister do” substitute “Lord |
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(b) | for “they” substitute “he”, and |
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(c) | for “their” substitute “his”. |
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(5) | In subsection (6) for “Office of the First Minister and deputy First Minister” |
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substitute “Lord Chancellor” and for “that Office” substitute “the Lord |
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(6) | In subsection (7) for “First Minister and deputy First Minister” substitute |
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4 (1) | Section 90 of the 2002 Act is amended as follows. |
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(2) | Omit subsections (2) and (3). |
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(3) | In subsection (4) after “section” insert “2(2)(b),”. |
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(4) | In subsection (5)(a) after “section” insert “2(2)(a) or (c),”. |
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5 (1) | Schedule 2 to the 2002 Act is amended as follows. |
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(2) | In paragraph 1(2) for “First Minister and deputy First Minister, acting |
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jointly,” substitute “Lord Chancellor”. |
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(3) | In paragraph 1(3) for “Office of the First Minister and deputy First Minister” |
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substitute “Lord Chancellor”. |
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(4) | In paragraph 2(3) for “Office of the First Minister and deputy First Minister” |
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substitute “Lord Chancellor”. |
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(5) | In paragraph 2(4) for “First Minister and deputy First Minister, acting |
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jointly,” substitute “Lord Chancellor”. |
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(6) | In paragraph 3 for “First Minister and deputy First Minister, acting jointly,” |
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substitute “Lord Chancellor”. |
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(7) | In paragraph 4(1) for “First Minister and deputy First Minister” substitute |
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(8) | For paragraph 4(3) substitute— |
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“(3) | Employment as a member of staff of the Commission is among the |
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kinds of employment to which a superannuation scheme under |
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section 1 of the Superannuation Act 1972 can apply: and, |
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accordingly, in Schedule 1 to that Act (employments, etc, to which |
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section 1 can apply), at the appropriate place in the list of “Royal |
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Commissions and other Commissions” insert— |
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| “Northern Ireland Judicial Appointments Commission”.” |
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(9) | In paragraph 5(5) for “Office of the First Minister and deputy First Minister” |
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substitute “Lord Chancellor”. |
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(10) | In paragraph 5(6) for “First Minister and deputy First Minister, acting |
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jointly, must lay before the Assembly” substitute “Lord Chancellor must lay |
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before each House of Parliament” and for “their Office” substitute “him”. |
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(11) | In paragraph 5(7) for “the Assembly” substitute “each House of Parliament”. |
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(12) | In paragraph 6 for “First Minister and deputy First Minister, acting jointly,” |
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substitute “Lord Chancellor”. |
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(13) | In paragraph 7(2) for “First Minister and deputy First Minister, acting |
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jointly, direct” substitute “Lord Chancellor directs”. |
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(14) | For paragraph 7(3) and (4) substitute— |
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“(3) | The Commission must send copies of the statement of accounts |
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relating to a financial year to— |
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(a) | the Lord Chancellor, and |
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(b) | the Comptroller and Auditor General, |
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| within such period after the end of the financial year as the Lord |
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(4) | The Comptroller and Auditor General must— |
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(a) | examine, certify and report on the statement of accounts, and |
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(b) | lay a copy of the statement of accounts and of his report on it |
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before each House of Parliament.” |
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Bail under Terrorism Act 2000 |
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Offence of absconding by person admitted to bail |
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1 (1) | If a person who has been admitted to bail fails without reasonable cause to |
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surrender to custody, he shall be guilty of an offence. |
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(a) | has been admitted to bail, and |
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(b) | has, with reasonable cause, failed to surrender to custody, |
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| fails to surrender to custody at the appointed place as soon after the |
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appointed time as is reasonably practicable, he shall be guilty of an offence. |
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(3) | A person guilty of an offence under sub-paragraph (1) or (2) shall be liable— |
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(a) | on summary conviction, to imprisonment for a term not exceeding 12 |
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months or to a fine not exceeding the statutory maximum or to both; |
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(b) | on conviction on indictment, to imprisonment for a term not |
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exceeding 3 years or to a fine or to both. |
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(4) | In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. |
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1981/1675 (N.I. 26)) (right to claim trial by jury for summary offence if |
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maximum term of imprisonment exceeds six months, subject to specified |
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exceptions) after sub-paragraph (h) (added by section 11(5)) add— |
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“(i) | paragraph 1(1) or (2) of Schedule 2 to the Justice |
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(Northern Ireland) Act 2004 (absconding by person |
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admitted to bail in respect of a scheduled offence).” |
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Arrest for absconding or breaking conditions of bail |
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2 (1) | This paragraph applies to a person who— |
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(a) | has been admitted to bail; and |
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(b) | is under a duty to surrender into the custody of a court. |
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(2) | If a person to whom this paragraph applies fails to surrender to custody at |
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the time appointed for him to do so, the court may issue a warrant for his |
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(3) | If a person to whom this paragraph applies— |
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(a) | surrenders into the custody of a court; but |
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(b) | absents himself (otherwise than in accordance with permission given |
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by or on behalf of the court) from the court at any time before the |
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court is ready to begin or to resume the hearing of the proceedings, |
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| that court may issue a warrant for his arrest. |
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(4) | A constable may arrest without warrant any person to whom this paragraph |
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(a) | if the constable has reasonable grounds for believing that that person |
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is not likely to surrender to custody; |
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(b) | if the constable has reasonable grounds for believing that that person |
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is likely to break any of the conditions of his bail or has reasonable |
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grounds for suspecting that that person has broken any of those |
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(c) | in a case where that person was admitted to bail with one or more |
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surety or sureties, if a surety notifies a constable in writing that that |
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person is unlikely to surrender to custody and that for that reason the |
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surety wishes to be relieved of his obligations as a surety. |
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Procedure where person arrested without warrant |
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3 (1) | A person who is arrested under paragraph 2(4) shall be brought before a |
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judge of the High Court or the Court of Appeal as soon as practicable after |
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the arrest and in any event not later than— |
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(a) | the next day following the day on which he is arrested, or |
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(b) | if that day is a Sunday, Good Friday or Christmas Day, the next |
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following day which is not one of those days. |
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(2) | Sub-paragraph (1) does not require a person to be brought before a judge at |
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any time when that person is in hospital and is not well enough. |
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(3) | Where a person is brought before a judge under sub-paragraph (1), the |
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(a) | if of the opinion that he— |
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(i) | is not likely to surrender to custody, or |
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(ii) | has broken or is likely to break any condition of his bail, |
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| may remand him in custody or commit him to custody (as the case |
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may require) or, alternatively, may admit him to bail under and in |
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accordance with section 67 of the Terrorism Act 2000 (c. 11) (subject |
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to the same or to different conditions); and |
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(b) | if not of that opinion, shall admit him to bail subject to the same |
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conditions (if any) as were originally imposed. |
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(4) | A person admitted to bail under sub-paragraph (3)(b) shall be treated for all |
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purposes as having been admitted to bail under section 67 of the Terrorism |
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Procedure where offences certified as suitable for summary trial |
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4 (1) | This paragraph applies where— |
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(a) | a person is admitted to bail; and |
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(b) | a certificate is issued under subsection (1)(b) of section 67 of the |
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Terrorism Act 2000 (offences suitable for summary trial) in relation |
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to the scheduled offence or (if he is charged with more than one such |
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offence) all of the scheduled offences with which he is charged. |
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(2) | As regards any time after the issue of the certificate, that person shall be |
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treated for all purposes as if— |
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(a) | he had been admitted to bail (within the meaning of Part II of the |
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Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. |
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13)) by a magistrates’ court, subject to the same conditions (if any) as |
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those imposed under section 67 of the Terrorism Act 2000; |
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(b) | any warrant for his arrest issued under paragraph 2(2) or (3) had |
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been a warrant issued under Article 6(1) or (2) of the Criminal Justice |
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(Northern Ireland) Order 2003; and |
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(c) | (in a case where he has been arrested under paragraph 2(4)) he had |
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been arrested under Article 6(3) of the Criminal Justice (Northern |
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Application of this Schedule |
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5 | This Schedule applies in relation to a person admitted to bail before, as well |
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as after, it comes into force; but— |
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(a) | paragraphs 1 to 3 apply only in relation to an act or failure of that |
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person which occurs after this Schedule comes into force; and |
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(b) | paragraph 4 applies only where the certificate mentioned in sub- |
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paragraph (1)(b) of that paragraph is issued after this Schedule |
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