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