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Duty of Court Service to ensure court security |
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1 (1) | The Court Service must take all reasonable steps to ensure the security of |
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every relevant building and the safety of everyone who is there. |
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(2) | To comply with that duty the Court Service must secure that there are |
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provided at every relevant building an appropriate number of court security |
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(3) | For the purposes of this Schedule the following are court security officers— |
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(a) | members of staff of the Court Service designated by the Lord |
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Chancellor as court security officers, and |
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(b) | persons employed as court security officers in pursuance of |
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arrangements made with their employers by the Court Service under |
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section 69 of the Judicature (Northern Ireland) Act 1978 (c. 23). |
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(4) | The Lord Chancellor may by regulations make provision as to— |
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(a) | training courses to be completed by court security officers, |
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(b) | conditions to be met before a person may be designated or employed |
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as a court security officer. |
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(5) | For the purposes of this Schedule a court security officer who is not readily |
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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. |
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(6) | Subject to sub-paragraphs (7) and (8), in this Schedule “relevant building” |
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means any building where— |
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(a) | the Court of Appeal, the High Court, the Crown Court, a county |
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court, a coroner’s court or a magistrates’ court sits, |
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(b) | a Commissioner within the meaning of the Social Security |
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Administration (Northern Ireland) Act 1992 (c. 8) sits, |
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(c) | a Child Support Commissioner within the meaning of the Child |
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Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) sits, |
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(d) | the Master (Taxing Office) exercises any functions conferred by or |
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(e) | the Master (Enforcement of Judgements) exercises any functions so |
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(7) | Where only part of a building is used for the sittings of an office-holder |
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mentioned in sub-paragraph (6)(b) or (c), references to a relevant building |
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are to so much of that building as is used for the purposes of, or in |
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connection with, such sittings. |
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(8) | Where only part of a building is used for the exercise by an office-holder |
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mentioned in sub-paragraph (6)(d) or (e) of the functions there mentioned, |
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references to a relevant building are to so much of that building as is used |
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for the purposes of, or in connection with, the exercise of those functions. |
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2 (1) | A court security officer acting in the execution of his duty may search— |
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(a) | any person who is in, or seeking to enter, a relevant building, and |
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(b) | any article in the possession of such a person. |
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(2) | Sub-paragraph (1) does not authorise the officer to require a person to |
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remove any of his clothing other than an outer coat, jacket, headgear, gloves |
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Power to exclude, remove or restrain persons |
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3 (1) | A court security officer acting in the execution of his duty may exclude or |
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remove from a relevant building any person who refuses— |
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(a) | to permit a search under paragraph 2(1), or |
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(b) | to surrender any article in his possession when asked to do so under |
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(2) | A court security officer acting in the execution of his duty may— |
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(a) | restrain any person who is in a relevant building, or |
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(b) | exclude or remove any person from a relevant building, |
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| if it is reasonably necessary to do so for one of the purposes given in sub- |
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(a) | enabling the business of any court or office-holder mentioned in |
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paragraph 1(6) to be carried on without interference or delay, |
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(c) | securing the safety of any person in the building. |
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(4) | The powers conferred by sub-paragraphs (1) and (2) include power to use |
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reasonable force, where necessary. |
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(5) | In the execution of his duty in any relevant building, a court security officer |
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must act in accordance with any general or specific instructions which have |
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been given to him (whether orally or in writing) by a person in authority. |
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(6) | “Person in authority” means— |
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(a) | a judge, coroner or magistrate who is exercising any functions in the |
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(b) | an office-holder mentioned in paragraph 1(6)(b), (c), (d) or (e) who is |
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exercising any functions in the building, or |
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(c) | any officer or other member of staff of the Court Service authorised |
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by the Lord Chancellor to give the court security officer instructions. |
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(7) | Every court security officer is to be regarded as an officer of the court for the |
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(a) | Article 55 of the County Courts (Northern Ireland) Order 1980 (S.I. |
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(b) | section 34 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)), |
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(c) | Article 160 of the Magistrates’ Courts (Northern Ireland) Order 1981 |
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(S.I. 1981/1675 (N.I. 26)), |
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| (which provide for the detention by court officers, and punishment, of |
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persons misbehaving in court). |
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Surrender and seizure of articles |
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4 (1) | If a court security officer acting in the execution of his duty reasonably |
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believes that an article in the possession of a person who is in, or seeking to |
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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. |
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(2) | If the person refuses to surrender the article, the officer may seize it. |
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(3) | The grounds are that the article— |
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(a) | may jeopardise the maintenance of order in the building, |
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(b) | may put the safety of any person in the building at risk, or |
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(c) | may be evidence of, or in relation to, an offence. |
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Power to retain articles surrendered or seized |
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5 (1) | Subject to sub-paragraph (2), a court security officer may retain an article |
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(a) | surrendered in response to a request under paragraph 4(1), or |
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(b) | seized under paragraph 4(2), |
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| until the time when the person who surrendered it, or from whom it was |
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seized, is leaving the relevant building. |
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(2) | If a court security officer reasonably believes that the article may be evidence |
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of, or in relation to, an offence, he may retain it until— |
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(a) | the time when the person who surrendered it, or from whom it was |
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seized, is leaving the relevant building, or |
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(b) | the end of the permitted period, |
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(3) | “The permitted period” means such period, not exceeding 24 hours from the |
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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. |
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Regulations about retention of articles |
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6 (1) | The Lord Chancellor may by regulations make provision as to— |
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(a) | the provision to persons— |
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(i) | by whom articles have been surrendered in response to a |
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request under paragraph 4(1), or |
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(ii) | from whom articles have been seized under paragraph 4(2), |
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| of written information about the powers of retention of court |
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(b) | the keeping of records about articles which have been so surrendered |
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(c) | the period for which unclaimed articles have to be kept, and |
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(d) | the disposal of unclaimed articles at the end of that period. |
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(2) | “Unclaimed article” means an article— |
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(a) | which has been retained under paragraph 5, |
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(b) | which a person is entitled to have returned to him, |
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(c) | which has not been returned, and |
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(d) | whose return has not been requested by a person entitled to it. |
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Assaulting and obstructing court security officers |
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7 (1) | A person who assaults a court security officer acting in the execution of his |
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(2) | A person guilty of an offence under sub-paragraph (1) is liable on summary |
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(a) | a fine not exceeding level 5 on the standard scale, or |
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(b) | imprisonment for a term not exceeding six months, |
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(3) | A person who resists or intentionally obstructs a court security officer acting |
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in the execution of his duty commits an offence. |
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(4) | A person guilty of an offence under sub-paragraph (3) is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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| | | | 10 | | Prisons Act (Northern Ireland) |
| In section 26, paragraph (d) and the word “or” |
| | | | | | | | | | | | | | | | | | | (Northern Ireland) 1956 (c. 4 |
| | | 15 | | | | | | | Police (Northern Ireland) Act |
| In section 55 (1), the words “, the Director” |
| | | | | | | | | | In section 55(7) the words “, the Director”. |
| | | | Criminal Justice (Children) |
| | | 20 | | | | | | | Justice (Northern Ireland) Act |
| | | | | | In section 46(1)(h) the words “(other than the |
| | | | | Juvenile Justice Board)”. |
| | | | | | | 25 | | | | | | | | In Schedule 12, paragraph 75. |
| | | | Commissioner for Children and |
| In Schedule 1, in paragraph 13 the words “the |
| | | | | Juvenile Justice Board and” and the word |
| | | | Ireland) Order 2003 (S.I. |
| | | 30 | | | | | | | Criminal Justice (Northern |
| In Schedule 1, paragraph 3. |
| | | | Ireland) Order 2003 (S.I. |
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