|
| |
| |
11 | Bail to which Part II of the Criminal Justice (Northern Ireland) Order 2003 |
| |
| |
(1) | Part II of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 |
| |
(N.I. 13)) (bail grantable otherwise than under section 67 of the Terrorism Act |
| |
2000 (c. 11)) is amended as set out in subsections (2) to (4). |
| 5 |
(2) | In Article 4(2) (definition of “surrender to custody”) at the end add “or |
| |
(c) | into the custody of the governor of a prison at the time and place |
| |
for the time being appointed for him to do so.” |
| |
(3) | In Article 5 (offence of absconding by person released on bail) for paragraph |
| |
| 10 |
“(3) | A person guilty of an offence 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 |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not |
| 15 |
exceeding 3 years or to a fine or to both.” |
| |
(4) | In Article 6 of that Order (arrest for absconding or breaking conditions of |
| |
| |
(a) | in paragraph (3) for “a duty to surrender to custody” substitute “a duty |
| |
to surrender into the custody of a court”; and |
| 20 |
(b) | after paragraph (5) insert— |
| |
“(5A) | Paragraphs (4) and (5) do not require a person to be brought |
| |
before a magistrates’ court at any time when he is in hospital |
| |
| |
(5) | In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. |
| 25 |
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 |
| |
exceptions) after sub-paragraph (g) add— |
| |
“(h) | Article 5(1) or (2) of the Criminal Justice (Northern Ireland) |
| |
Order 2003 (absconding by person admitted to bail)”. |
| 30 |
(6) | Subsection (3) has no effect in relation to offences committed before it comes |
| |
| |
| |
| |
(1) | Schedule 1 to the Crime (Sentences) Act 1997 (c. 43) (transfer of prisoners |
| 35 |
within the British Islands) is amended as follows. |
| |
(2) | In paragraph 1 (transfer of prisoners: general) after sub-paragraph (2) insert— |
| |
“(2A) | If it appears to the Secretary of State that— |
| |
(a) | a person remanded in custody in Northern Ireland in connection |
| |
| 40 |
(b) | a person serving a sentence of imprisonment in Northern Ireland; |
| |
| should be transferred to England and Wales in the interests of maintaining |
| |
security or good order in any prison in Northern Ireland, the Secretary of State |
| |
| |
| |
|
| |
| |
may make an order for his transfer to England and Wales, there to be |
| |
remanded in custody pending his trial or, as the case may be, to serve the |
| |
whole or any part of the remainder of his sentence, and for his removal to an |
| |
appropriate institution there.” |
| |
(3) | In paragraph 5(1) (conditions of transfer) after “this Part” insert “(other than a |
| 5 |
transfer under paragraph 1(2A))”. |
| |
(4) | After paragraph 5 insert— |
| |
“Conditions of transfer under paragraph 1(2A) |
| |
5A (1) | A transfer under paragraph 1(2A) shall have effect subject to— |
| |
(a) | such a condition as is mentioned in paragraph 6(1)(a); and |
| 10 |
(b) | such other conditions (if any) as the Secretary of State may |
| |
| |
(2) | Such a condition as is mentioned in paragraph 6(1)(a) shall not be |
| |
| |
(3) | A condition imposed under sub-paragraph (1)(b) may be varied or |
| 15 |
| |
| |
(a) | in sub-paragraph (2)(a) after “1(1)(a) or (2)(a)” insert “or (2A)(a)”; |
| |
(b) | in sub-paragraph (2)(b) after “1(1)(b) or (2)(b)” insert “or (2A)(b)”. |
| |
| 20 |
(a) | in sub-paragraph (1) after “1(1)(a)” insert “or (2A)(a)”; |
| |
(b) | in sub-paragraph (2) after “1(1)(b)” insert “or (2A)(b)”. |
| |
Amendment of section 103 of Terrorism Act 2000 |
| |
13 | Amendment of section 103 of Terrorism Act 2000 |
| |
In section 103 of the Terrorism Act 2000 (c. 11) (collection of information about |
| 25 |
certain persons) in subsection (2)(e) (full-time employee of the prison service in |
| |
Northern Ireland) for “a full-time employee of” substitute “employed in”. |
| |
| |
14 | Arrest without warrant for offence of driving while disqualified |
| |
(1) | In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order |
| 30 |
1989 (S.I. 1989/1341 (N.I. 12)) (list of offences to which powers of summary |
| |
arrest apply) after sub-paragraph (e) insert— |
| |
“(ee) | offences under Article 167(1) of the Road Traffic (Northern |
| |
Ireland) Order 1981 (driving while disqualified);”. |
| |
(2) | Subsection (1) has no effect in relation to offences committed before it comes |
| 35 |
| |
| |
| |
|
| |
| |
| |
| |
Schedule 3 (which re-enacts with amendments sections 79 to 81 of the 2002 Act |
| |
and makes further provision with respect to court security officers) shall have |
| |
| 5 |
Right of barrister to enter into contract for the provision of his services |
| |
16 | Right of barrister to enter into contract for the provision of his services |
| |
(1) | Any rule of law which prevents a barrister from entering into a contract for the |
| |
provision of his services as a barrister is abolished. |
| |
(2) | Nothing in subsection (1) prevents the General Council of the Bar of Northern |
| 10 |
Ireland from making rules (however described) which prohibit barristers from |
| |
entering into contracts or restrict their right to do so. |
| |
| |
| |
Schedule 4 contains repeals. |
| 15 |
| |
(1) | The preceding provisions of this Act (with the Schedules) shall not come into |
| |
force until such day as the Secretary of State may by order appoint. |
| |
(2) | An order may appoint different days for different purposes. |
| |
| 20 |
| |
(a) | “the 2002 Act” means the Justice (Northern Ireland) Act 2002 (c. 26), |
| |
| |
(b) | any word or expression defined in section 88 of that Act has the same |
| |
meaning in this Act as in that Act. |
| 25 |
| |
(1) | Any power to make an order or regulations under this Act is exercisable by |
| |
statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order |
| |
1979 (S.I. 1979/1573 (N.I. 12)). |
| |
(2) | No order shall be made under section 7(5) unless a draft of the order has been |
| 30 |
laid before, and approved by a resolution of, each House of Parliament. |
| |
(3) | An order under section 7(3)(c) or 10(4) and regulations under paragraph 1(4) |
| |
or 6(1) of Schedule 3 shall be subject to annulment in pursuance of a resolution |
| |
of either House of Parliament in the same manner as a statutory instrument |
| |
and section 5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly. |
| 35 |
| |
| |
|
| |
| |
(4) | An order or regulations made under this Act may include supplementary, |
| |
incidental, transitional or consequential provisions. |
| |
| |
(1) | Subject as follows, this Act extends only to Northern Ireland. |
| |
(2) | Any amendment made by this Act has the same extent as the provision to |
| 5 |
| |
| |
(1) | This Act may be cited as the Justice (Northern Ireland) Act 2004. |
| |
(2) | Nothing in this Act shall impose any charge on the people or on public funds, |
| |
or vary the amount or incidence of or otherwise alter any such charge in any |
| 10 |
manner, or affect the assessment, levying, administration or application of any |
| |
money raised by any such charge. |
| |
| |
| |
|
