Justice (Northern Ireland) Bill [HL]

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Session 2003 - 04
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Justice (Northern Ireland) Bill [HL]

Justice (Northern Ireland) Bill [HL]
Schedule 1 — Transfer to Lord Chancellor of functions relating to Northern Ireland Judicial Appointments Commission
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Schedules
Schedule 1
Section 1

Transfer to Lord Chancellor of functions relating to Northern Ireland
Judicial Appointments Commission
1
In section 2(2) of the 2002 Act for “First Minister and deputy First Minister,
5
acting jointly,” substitute “Lord Chancellor”.
2
In section 3(2)(b) of the 2002 Act for “First Minister and deputy First
Minister, acting jointly” substitute “Lord Chancellor”.
3     (1)
Section 5 of the 2002 Act is amended as follows.
      (2)
In subsection (3) for “First Minister and deputy First Minister, acting
10
jointly,” substitute “Lord Chancellor”.
      (3)
In subsection (4) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor” and for “that Office” substitute “the Lord
Chancellor”.
      (4)
In subsection (5)—
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(a)
for “First Minister and deputy First Minister do” substitute “Lord
Chancellor does”,
(b)
for “they” substitute “he”, and
(c)
for “their” substitute “his”.
      (5)
In subsection (6) for “Office of the First Minister and deputy First Minister”
20
substitute “Lord Chancellor” and for “that Office” substitute “the Lord
Chancellor”.
      (6)
In subsection (7) for “First Minister and deputy First Minister” substitute
“Lord Chancellor”.
4     (1)
Section 90 of the 2002 Act is amended as follows.
25
      (2)
Omit subsections (2) and (3).
      (3)
In subsection (4) after “section” insert “2(2)(b),”.
      (4)
In subsection (5)(a) after “section” insert “2(2)(a) or (c),”.
5     (1)
Schedule 2 to the 2002 Act is amended as follows.
      (2)
In paragraph 1(2) for “First Minister and deputy First Minister, acting
30
jointly,” substitute “Lord Chancellor”.
      (3)
In paragraph 1(3) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor”.
      (4)
In paragraph 2(3) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor”.
35
      (5)
In paragraph 2(4) for “First Minister and deputy First Minister, acting
jointly,” substitute “Lord Chancellor”.

Justice (Northern Ireland) Bill [HL]
Schedule 2 — Bail under Terrorism Act 2000
13

      (6)
In paragraph 3 for “First Minister and deputy First Minister, acting jointly,”
substitute “Lord Chancellor”.
      (7)
In paragraph 4(1) for “First Minister and deputy First Minister” substitute
“Lord Chancellor”.
      (8)
For paragraph 4(3) substitute—
5
“(3)
Employment as a member of staff of the Commission is among the
kinds of employment to which a superannuation scheme under
section 1 of the Superannuation Act 1972 can apply: and,
accordingly, in Schedule 1 to that Act (employments, etc, to which
section 1 can apply), at the appropriate place in the list of “Royal
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Commissions and other Commissions” insert—

“Northern Ireland Judicial Appointments Commission”.”
      (9)
In paragraph 5(5) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor”.
     (10)
In paragraph 5(6) for “First Minister and deputy First Minister, acting
15
jointly, must lay before the Assembly” substitute “Lord Chancellor must lay
before each House of Parliament” and for “their Office” substitute “him”.
     (11)
In paragraph 5(7) for “the Assembly” substitute “each House of Parliament”.
     (12)
In paragraph 6 for “First Minister and deputy First Minister, acting jointly,”
substitute “Lord Chancellor”.
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     (13)
In paragraph 7(2) for “First Minister and deputy First Minister, acting
jointly, direct” substitute “Lord Chancellor directs”.
     (14)
For paragraph 7(3) and (4) substitute—
“(3)
The Commission must send copies of the statement of accounts
relating to a financial year to—
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(a)
the Lord Chancellor, and
(b)
the Comptroller and Auditor General,

within such period after the end of the financial year as the Lord
Chancellor directs.
(4)
The Comptroller and Auditor General must—
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(a)
examine, certify and report on the statement of accounts, and
(b)
lay a copy of the statement of accounts and of his report on it
before each House of Parliament.”
Schedule 2
Section 10

Bail under Terrorism Act 2000
35
Offence of absconding by person admitted to bail
1     (1)
If a person who has been admitted to bail fails without reasonable cause to
surrender to custody, he shall be guilty of an offence.
      (2)
If a person who—
(a)
has been admitted to bail, and
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(b)
has, with reasonable cause, failed to surrender to custody,

Justice (Northern Ireland) Bill [HL]
Schedule 2 — Bail under Terrorism Act 2000
14


fails to surrender to custody at the appointed place as soon after the
appointed time as is reasonably practicable, he shall be guilty of an offence.
      (3)
A person guilty of an offence under sub-paragraph (1) or (2) shall be liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or to both;
5
(b)
on conviction on indictment, to imprisonment for a term not
exceeding 3 years or to a fine or to both.
      (4)
In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.
1981/1675 (N.I. 26)) (right to claim trial by jury for summary offence if
maximum term of imprisonment exceeds six months, subject to specified
10
exceptions) after sub-paragraph (h) (added by section 11(5)) add—
“(i)
paragraph 1(1) or (2) of Schedule 2 to the Justice
(Northern Ireland) Act 2004 (absconding by person
admitted to bail in respect of a scheduled offence).”
Arrest for absconding or breaking conditions of bail
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2     (1)
This paragraph applies to a person who—
(a)
has been admitted to bail; and
(b)
is under a duty to surrender into the custody of a court.
      (2)
If a person to whom this paragraph applies fails to surrender to custody at
the time appointed for him to do so, the court may issue a warrant for his
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arrest.
      (3)
If a person to whom this paragraph applies—
(a)
surrenders into the custody of a court; but
(b)
absents himself (otherwise than in accordance with permission given
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,

that court may issue a warrant for his arrest.
      (4)
A constable may arrest without warrant any person to whom this paragraph
applies—
(a)
if the constable has reasonable grounds for believing that that person
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is not likely to surrender to custody;
(b)
if the constable has reasonable grounds for believing that that person
is likely to break any of the conditions of his bail or has reasonable
grounds for suspecting that that person has broken any of those
conditions; or
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(c)
in a case where that person was admitted to bail with one or more
surety or sureties, if a surety notifies a constable in writing that that
person is unlikely to surrender to custody and that for that reason the
surety wishes to be relieved of his obligations as a surety.
Procedure where person arrested without warrant
40
3     (1)
A person who is arrested under paragraph 2(4) shall be brought before a
judge of the High Court or the Court of Appeal as soon as practicable after
the arrest and in any event not later than—
(a)
the next day following the day on which he is arrested, or
(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.

Justice (Northern Ireland) Bill [HL]
Schedule 2 — Bail under Terrorism Act 2000
15

      (2)
Sub-paragraph (1) does not require a person to be brought before a judge at
any time when that person is in hospital and is not well enough.
      (3)
Where a person is brought before a judge under sub-paragraph (1), the
judge—
(a)
if of the opinion that he—
5
(i)
is not likely to surrender to custody, or
(ii)
has broken or is likely to break any condition of his bail,

may remand him in custody or commit him to custody (as the case
may require) or, alternatively, may admit him to bail under and in
accordance with section 67 of the Terrorism Act 2000 (c. 11) (subject
10
to the same or to different conditions); and
(b)
if not of that opinion, shall admit him to bail subject to the same
conditions (if any) as were originally imposed.
      (4)
A person admitted to bail under sub-paragraph (3)(b) shall be treated for all
purposes as having been admitted to bail under section 67 of the Terrorism
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Act 2000.
Procedure where offences certified as suitable for summary trial
4     (1)
This paragraph applies where—
(a)
a person is admitted to bail; and
(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
to the scheduled offence or (if he is charged with more than one such
offence) all of the scheduled offences with which he is charged.
      (2)
As regards any time after the issue of the certificate, that person shall be
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
Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I.
13)) by a magistrates’ court, subject to the same conditions (if any) as
those imposed under section 67 of the Terrorism Act 2000;
(b)
any warrant for his arrest issued under paragraph 2(2) or (3) had
30
been a warrant issued under Article 6(1) or (2) of the Criminal Justice
(Northern Ireland) Order 2003; and
(c)
(in a case where he has been arrested under paragraph 2(4)) he had
been arrested under Article 6(3) of the Criminal Justice (Northern
Ireland) Order 2003.
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Application of this Schedule
5
This Schedule applies in relation to a person admitted to bail before, as well
as after, it comes into force; but—
(a)
paragraphs 1 to 3 apply only in relation to an act or failure of that
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-
paragraph (1)(b) of that paragraph is issued after this Schedule
comes into force.