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 3 — Court security
16

Schedule 3
Section 15

Court security
Duty of Court Service to ensure court security
1     (1)
The Court Service must take all reasonable steps to ensure the security of
every relevant building and the safety of everyone who is there.
5
      (2)
To comply with that duty the Court Service must secure that there are
provided at every relevant building an appropriate number of court security
officers.
      (3)
For the purposes of this Schedule the following are court security officers—
(a)
members of staff of the Court Service designated by the Lord
10
Chancellor as court security officers, and
(b)
persons employed as court security officers in pursuance of
arrangements made with their employers by the Court Service under
section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23).
      (4)
The Lord Chancellor may by regulations make provision as to—
15
(a)
training courses to be completed by court security officers,
(b)
conditions to be met before a person may be designated or employed
as a court security officer.
      (5)
For the purposes of this Schedule a court security officer who is not readily
identifiable as such (whether by means of his uniform or badge or
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otherwise) is not to be regarded as acting in the execution of his duty.
      (6)
Subject to sub-paragraphs (7) and (8), in this Schedule “relevant building”
means any building where—
(a)
the Court of Appeal, the High Court, the Crown Court, a county
court, a coroner’s court or a magistrates’ court sits,
25
(b)
a Commissioner within the meaning of the Social Security
Administration (Northern Ireland) Act 1992 (c. 8) sits,
(c)
a Child Support Commissioner within the meaning of the Child
Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) sits,
(d)
the Master (Taxing Office) exercises any functions conferred by or
30
under an enactment, or
(e)
the Master (Enforcement of Judgements) exercises any functions so
conferred.
      (7)
Where only part of a building is used for the sittings of an office-holder
mentioned in sub-paragraph (6)(b) or (c), references to a relevant building
35
are to so much of that building as is used for the purposes of, or in
connection with, such sittings.
      (8)
Where only part of a building is used for the exercise by an office-holder
mentioned in sub-paragraph (6)(d) or (e) of the functions there mentioned,
references to a relevant building are to so much of that building as is used
40
for the purposes of, or in connection with, the exercise of those functions.
Powers of search
2     (1)
A court security officer acting in the execution of his duty may search—
(a)
any person who is in, or seeking to enter, a relevant building, and
(b)
any article in the possession of such a person.
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Justice (Northern Ireland) Bill [HL]
Schedule 3 — Court security
17

      (2)
Sub-paragraph (1) does not authorise the officer to require a person to
remove any of his clothing other than an outer coat, jacket, headgear, gloves
or footwear.
Power to exclude, remove or restrain persons
3     (1)
A court security officer acting in the execution of his duty may exclude or
5
remove from a relevant building any person who refuses—
(a)
to permit a search under paragraph 2(1), or
(b)
to surrender any article in his possession when asked to do so under
paragraph 4(1).
      (2)
A court security officer acting in the execution of his duty may—
10
(a)
restrain any person who is in a relevant building, or
(b)
exclude or remove any person from a relevant building,

if it is reasonably necessary to do so for one of the purposes given in sub-
paragraph (3).
      (3)
The purposes are—
15
(a)
enabling the business of any court or office-holder mentioned in
paragraph 1(6) to be carried on without interference or delay,
(b)
maintaining order,
(c)
securing the safety of any person in the building.
      (4)
The powers conferred by sub-paragraphs (1) and (2) include power to use
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reasonable force, where necessary.
      (5)
In the execution of his duty in any relevant building, a court security officer
must act in accordance with any general or specific instructions which have
been given to him (whether orally or in writing) by a person in authority.
      (6)
“Person in authority” means—
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(a)
a judge, coroner or magistrate who is exercising any functions in the
building,
(b)
an office-holder mentioned in paragraph 1(6)(b), (c), (d) or (e) who is
exercising any functions in the building, or
(c)
any officer or other member of staff of the Court Service authorised
30
by the Lord Chancellor to give the court security officer instructions.
      (7)
Every court security officer is to be regarded as an officer of the court for the
purposes of—
(a)
Article 55 of the County Courts (Northern Ireland) Order 1980 (S.I.
1980/397 (N.I. 3)),
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(b)
section 34 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)),
and
(c)
Article 160 of the Magistrates’ Courts (Northern Ireland) Order 1981
(S.I. 1981/1675 (N.I. 26)),

(which provide for the detention by court officers, and punishment, of
40
persons misbehaving in court).
Surrender and seizure of articles
4     (1)
If a court security officer acting in the execution of his duty reasonably
believes that an article in the possession of a person who is in, or seeking to
enter, a relevant building ought to be surrendered on any of the grounds
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given in sub-paragraph (3), he may ask the person to surrender the article.

Justice (Northern Ireland) Bill [HL]
Schedule 3 — Court security
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      (2)
If the person refuses to surrender the article, the officer may seize it.
      (3)
The grounds are that the article—
(a)
may jeopardise the maintenance of order in the building,
(b)
may put the safety of any person in the building at risk, or
(c)
may be evidence of, or in relation to, an offence.
5
Power to retain articles surrendered or seized
5     (1)
Subject to sub-paragraph (2), a court security officer may retain an article
which was—
(a)
surrendered in response to a request under paragraph 4(1), or
(b)
seized under paragraph 4(2),
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until the time when the person who surrendered it, or from whom it was
seized, is leaving the relevant building.
      (2)
If a court security officer reasonably believes that the article may be evidence
of, or in relation to, an offence, he may retain it until—
(a)
the time when the person who surrendered it, or from whom it was
15
seized, is leaving the relevant building, or
(b)
the end of the permitted period,

whichever is later.
      (3)
“The permitted period” means such period, not exceeding 24 hours from the
time the article was surrendered or seized, as will enable the court security
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officer to draw the article to the attention of a constable.
Regulations about retention of articles
6     (1)
The Lord Chancellor may by regulations make provision as to—
(a)
the provision to persons—
(i)
by whom articles have been surrendered in response to a
25
request under paragraph 4(1), or
(ii)
from whom articles have been seized under paragraph 4(2),

of written information about the powers of retention of court
security officers,
(b)
the keeping of records about articles which have been so surrendered
30
or seized,
(c)
the period for which unclaimed articles have to be kept, and
(d)
the disposal of unclaimed articles at the end of that period.
      (2)
“Unclaimed article” means an article—
(a)
which has been retained under paragraph 5,
35
(b)
which a person is entitled to have returned to him,
(c)
which has not been returned, and
(d)
whose return has not been requested by a person entitled to it.
Assaulting and obstructing court security officers
7     (1)
A person who assaults a court security officer acting in the execution of his
40
duty commits an offence.
      (2)
A person guilty of an offence under sub-paragraph (1) is liable on summary
conviction to—

Justice (Northern Ireland) Bill [HL]
Schedule 4 — Repeals
19

(a)
a fine not exceeding level 5 on the standard scale, or
(b)
imprisonment for a term not exceeding six months,

or to both.
      (3)
A person who resists or intentionally obstructs a court security officer acting
in the execution of his duty commits an offence.
5
      (4)
A person guilty of an offence under sub-paragraph (3) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
Schedule 4
Section 17

Repeals

Short Title
Extent of repeal

10

Prisons Act (Northern Ireland)
In section 26, paragraph (d) and the word “or”

1953 (c. 18 (N.I.))
immediately before it.

Malone and Whiteabbey
The whole Act.

Training Schools Act

(Northern Ireland) 1956 (c. 4

15

(N.I.))

Police (Northern Ireland) Act
In section 55 (1), the words “, the Director”

1998 (c. 32)
(wherever they occur).

In section 55(7) the words “, the Director”.

Criminal Justice (Children)
Article 56.

20

(Northern Ireland) Order
Article 57(2).

Justice (Northern Ireland) Act
Section 34(4).

2002 (c. 26)
In section 46(1)(h) the words “(other than the

Juvenile Justice Board)”.

Sections 79 to 81.

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Section 90(2) and (3).

In Schedule 12, paragraph 75.

Commissioner for Children and
In Schedule 1, in paragraph 13 the words “the

Young People (Northern
Juvenile Justice Board and” and the word

Ireland) Order 2003 (S.I.
“other”.

30

2003/439 (N.I. 11))

Criminal Justice (Northern
In Schedule 1, paragraph 3.

Ireland) Order 2003 (S.I.

2003/1247 (N.I. 13))