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Justice (Northern Ireland) Bill [HL]


Justice (Northern Ireland) Bill [HL]

1

 

A

Bill

[AS AMENDED IN STANDING COMMITTEE D]

To

amend Part 1 of the Justice (Northern Ireland) Act 2002; to make further

provision concerning the public prosecution service established by that Act; to

impose a new duty on certain criminal justice organisations in Northern

Ireland in relation to human rights standards; to make provision

consequential on the dissolution of the Juvenile Justice Board; to amend the

law relating to bail in Northern Ireland; to provide for the transfer of certain

prisoners from Northern Ireland to another part of the United Kingdom; to

amend section 103 of the Terrorism Act 2000; to provide for driving while

disqualified to be an arrestable offence in Northern Ireland; to re-enact with

amendments sections 79 to 81 of the Justice (Northern Ireland) Act 2002 and

make further provision about court security officers in Northern Ireland; to

enable barristers in Northern Ireland to enter into contracts for the provision

of their services; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

The judiciary

1       

Transfer to Lord Chancellor of functions relating to Judicial Appointments

Commission

The Justice (Northern Ireland) Act 2002 (c. 26) (“the 2002 Act”) is amended as

set out in Schedule 1 for the purpose of transferring to the Lord Chancellor

5

functions exercisable by the First Minister and deputy First Minister, acting

jointly, in relation to the Northern Ireland Judicial Appointments Commission.

2       

Membership of the Commission

(1)   

In section 3 of the 2002 Act for subsection (8) (lay members of the Commission

 
Bill 8853/3
 
 

Justice (Northern Ireland) Bill [HL]

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to be representative of the community in Northern Ireland) substitute—

“(8)   

It is the duty of—

(a)   

the Lord Chancellor, and

(b)   

those responsible for making nominations under subsection

(5)(a) and (b),

5

   

to make such arrangements in connection with the exercise of their

functions under this section as will, so far as is practicable, secure that

the membership of the Commission is reflective of the community in

Northern Ireland.”

(2)   

In Schedule 2 to the 2002 Act in paragraph 1 (tenure of judicial members) for

10

sub-paragraph (1) substitute—

    “(1)   

Subject as follows, a judicial member of the Commission holds office

for the period specified in his appointment (or re-appointment).

     (1A)  

A person may not be appointed as a judicial member for more than

five years at a time; and the aggregate period for which a person may

15

be a judicial member by virtue of his holding any one of the judicial

offices mentioned in section 3(6) must not exceed ten years.”

3       

Duty of Commission to secure judiciary reflective of the community

In section 5 of the 2002 Act for subsections (8) and (9) (duty of Commission to

secure range of persons reflective of community in Northern Ireland is

20

available for consideration by the Commission, but appointment to be on basis

of merit) substitute—

“(8)    

The selection of a person to be appointed, or recommended for

appointment, to a listed judicial office (whether initially or after

reconsideration) must be made solely on the basis of merit.

25

(9)   

Subject to that, the Commission must at all times engage in a

programme of action which complies with subsection (10).

(10)   

A programme of action complies with this subsection if—

(a)   

it is designed to secure, so far as it is reasonably practicable to

do so, that appointments to listed judicial offices are such that

30

those holding such offices are reflective of the community in

Northern Ireland;

(b)   

it requires the Commission, so far as it is reasonably practicable

to do so, to secure that a range of persons reflective of the

community in Northern Ireland is available for consideration

35

by the Commission whenever it is required to select a person to

be appointed, or recommended for appointment, to a listed

judicial office; and

(c)   

it is for the time being approved by the Commission for the

purposes of this section.”

40

4       

Appointment of Lord Chief Justice and Lords Justices of Appeal

In section 12 of the Judicature (Northern Ireland) Act 1978 (c. 23) (as

substituted by section 4 of the 2002 Act) for subsections (3) to (5) (consultations

by Prime Minister before making recommendations to Her Majesty as to

 

 

Justice (Northern Ireland) Bill [HL]

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appointment of Lord Chief Justice or Lord Justice of Appeal) substitute—

“(3)    

Before making any recommendation to Her Majesty concerning an

appointment under subsection (1) or (2) the Prime Minister shall—

(a)   

require the First Minister and deputy First Minister, acting

jointly, to make a recommendation to him concerning the

5

appointment in such form as the Prime Minister may specify,

and

(b)   

consider any recommendation so made.

(4)    

Before making any recommendation under subsection (3)(a) the First

Minister and deputy First Minister shall consult the Lord Chief Justice

10

or, if the office of Lord Chief Justice is vacant or he is not available, the

most senior Lord Justice of Appeal who is available.

(5)   

 The Northern Ireland Judicial Appointments Commission shall give to

the First Minister and deputy First Minister advice as to the procedure

which, whenever they are required by the Prime Minister to make any

15

recommendation under subsection (3)(a), they should adopt for

formulating that recommendation.

(6)   

After considering that advice, the First Minister and deputy First

Minister acting jointly shall, with the approval of the Prime Minister,

determine the procedure which, whenever they are required by the

20

Prime Minister to make any recommendation under subsection (3)(a),

they are to adopt for formulating that recommendation and on each

occasion on which they are so required, they shall adopt that

procedure.”

5       

Removal or suspension from listed judicial offices

25

In section 7 of the 2002 Act in subsection (5) (agreement of the Lord Chief

Justice required to the removal or suspension of a person from a listed judicial

office) for “without the agreement of” substitute “except after consultation

with”.

Prosecutors

30

6       

Duty of Director of Public Prosecutions to refer certain matters to Police

Ombudsman

(1)   

Section 55 of the Police (Northern Ireland) Act 1998 (c. 32) (referral of matters

to Ombudsman) is amended as set out in subsections (2) to (5).

(2)   

In subsection (1) (power of Policing Board, Director or Secretary of State to

35

refer certain matters) omit the words “, the Director” (wherever they occur).

(3)   

After subsection (4) insert—

“(4A)   

The Director shall refer to the Ombudsman any matter which—

(a)   

appears to the Director to indicate that a police officer—

(i)   

may have committed a criminal offence; or

40

(ii)   

may, in the course of a criminal investigation, have

behaved in a manner which would justify disciplinary

proceedings; and

(b)   

is not the subject of a complaint,

 

 

Justice (Northern Ireland) Bill [HL]

4

 

   

unless it appears to the Director that the Ombudsman is already aware

of the matter.

(4B)   

 In subsection (4A) “criminal investigation” has the same meaning as in

Part 2 of the Criminal Procedure and Investigations Act 1996 (c. 25).”

(4)   

In subsection (5) (power of Ombudsman to investigate matters referred under

5

subsection (4)) after “(4)” insert “, or (4A)”.

(5)   

In subsection (7) (duty on Ombudsman to notify outcome of criminal or

disciplinary proceedings) omit “, the Director”.

(6)   

In section 64(2A)(b) of the Police (Northern Ireland) Act 1998 (Ombudsman not

to investigate matter referred under section 55(1), (2) or (4) if it took place more

10

than the prescribed period before the date of referral) for “or (4)” substitute

“, (4) or (4A)”.

7       

Influencing a prosecutor

After section 32 of the 2002 Act insert—

“32A Influencing a prosecutor

15

(1)   

A person commits an offence if, with the intention of perverting the

course of justice, he seeks to influence the Director, the Deputy Director

or a Public Prosecutor in any decision as to whether to institute or

continue criminal proceedings.

(2)   

A person commits an offence if, with the intention of perverting the

20

course of justice, he seeks to influence a barrister or solicitor to whom

the Director has under section 36(2) assigned the institution or conduct

of any criminal proceedings in any decision as to whether to institute or

continue those proceedings.

(3)   

A person guilty of an offence under this section is liable—

25

(a)   

on summary conviction, to a fine not exceeding the statutory

maximum or to imprisonment for a term not exceeding six

months, or to both, and

(b)   

on conviction on indictment, to imprisonment for a term not

exceeding five years or to a fine, or to both.

30

(4)   

Proceedings for an offence under this section shall not be instituted

without the consent of the Director.”

Criminal justice organisations

8       

Guidance for criminal justice organisations on human rights standards

(1)   

The Attorney General for Northern Ireland shall issue, and as he thinks

35

appropriate from time to time revise, guidance to organisations to which this

section applies on the exercise of their functions in a manner consistent with

international human rights standards relevant to the criminal justice system.

(2)   

In the exercise of its functions, such an organisation shall have regard to any

guidance for the time being in operation under this section; but this does not

40

affect the operation, in relation to any such organisation, of section 6 of the

 

 

Justice (Northern Ireland) Bill [HL]

5

 

Human Rights Act 1998 (c. 42) (public authority not to act in a way

incompatible with a Convention right).

(3)   

Any guidance issued or revised under this section—

(a)   

shall be published in such manner as the Attorney General for

Northern Ireland thinks appropriate;

5

(b)   

shall be laid before each House of Parliament; and

(c)   

shall not come into operation until the Attorney General for Northern

Ireland by order so provides.

(4)   

This section applies to the following organisations—

(a)   

the Public Prosecution Service for Northern Ireland,

10

(b)   

the Court Service,

(c)   

the Probation Board for Northern Ireland,

(d)   

the Police Ombudsman for Northern Ireland,

(e)   

the Northern Ireland Office, but only in respect of functions exercised

by—

15

(i)   

the Northern Ireland Prison Service,

(ii)   

the Youth Justice Agency,

(iii)   

Forensic Science Northern Ireland,

(iv)   

the State Pathologist’s Department, or

(v)   

the Compensation Agency;

20

and accordingly references in this section to the functions of an organisation

are, in the case of the Northern Ireland Office, references to the functions

mentioned in paragraph (e).

(5)   

The Attorney General for Northern Ireland may by order amend subsection (4)

by—

25

(a)   

adding any organisation having a role in the criminal justice system in

Northern Ireland (apart from a court or tribunal);

(b)   

omitting an organisation; or

(c)   

altering the description of an organisation;

and an order under this subsection may make appropriate consequential

30

amendments in this section or in any other enactment (whenever passed or

made).

(6)   

In section 52 of the Police (Northern Ireland) Act 2000 (c. 32) (code of ethics for

police officers) after subsection (2) insert—

“(2A)   

In revising the code the Chief Constable and the Board shall also have

35

regard to any guidance for the time being in operation under section 8

of the Justice (Northern Ireland) Act 2004.”

(7)   

In section 37 of the 2002 Act (code of practice for prosecutors) after subsection

(5) insert—

“(5A)   

In preparing or making alterations to a code the Director must also

40

have regard to any guidance for the time being in operation under

section 8 of the Justice (Northern Ireland) Act 2004.”

(8)   

Nothing in this section requires the Public Prosecution Service for Northern

Ireland to have regard to so much of any guidance for the time being in

operation under this section as is inconsistent with a provision of a code of

45

practice issued under section 37 of the 2002 Act.

 

 

Justice (Northern Ireland) Bill [HL]

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(9)   

In Schedule 7 to the 2002 Act (functions of Advocate General for Northern

Ireland) after paragraph 7 insert—

“7A        

In section 8 of the Justice (Northern Ireland) Act 2004 (guidance for

criminal justice organisations on human rights standards)—

(a)   

after subsection (1) insert—

5

“(1A)   

Before issuing or revising any guidance under this

section, the Attorney General for Northern Ireland

shall consult the Advocate General for Northern

Ireland.”;

(b)   

after subsection (5) insert—

10

“(5A)   

Before making an order under subsection (3)(c) or

(5), the Attorney General for Northern Ireland shall

consult the Advocate General for Northern

Ireland.””

9       

The Juvenile Justice Board

15

(1)   

Section 46 of the 2002 Act (organisations subject to inspection by the Chief

Inspector) is amended as set out in subsections (2) to (4) in consequence of the

dissolution of the Juvenile Justice Board and the establishment of the Youth

Justice Agency.

(2)   

In subsection (1) for paragraph (g) substitute—

20

“(g)   

the Youth Justice Agency;”.

(3)   

In subsection (1)(h) omit “(other than the Juvenile Justice Board)”.

(4)   

In subsection (4) for “Juvenile Justice Board” substitute “Youth Justice

Agency”.

(5)   

The following provisions (which are spent or of no practical utility in

25

consequence of the dissolution of the Juvenile Justice Board) shall cease to have

effect—

(a)   

the Malone and Whiteabbey Training Schools Act (Northern Ireland)

1956 (c. 4 (N. I.));

(b)   

in the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I.

30

1998/1504 (N.I. 9))—

(i)   

Article 56; and

(ii)   

Article 57(2);

(c)   

in Schedule 1 to the Commissioner for Children and Young People

(Northern Ireland) Order 2003 (S.I. 2003/439 (N.I. 11)) in paragraph 13

35

the words “The Juvenile Justice Board and” and the word “other”.

Bail

10      

Prosecution right of appeal against grant of bail by magistrates’ court

(1)   

Where a magistrates’ court grants bail to a person who is charged with, or

convicted of, an offence punishable by imprisonment, the prosecution may

40

appeal to the High Court against the granting of bail.

(2)   

Subsection (1) applies only where the prosecution is conducted—

(a)   

by or on behalf of the Director of Public Prosecutions, or

 

 

Justice (Northern Ireland) Bill [HL]

7

 

(b)   

on behalf of the Police Service of Northern Ireland (whether by a

member of that Service or any other person).

(3)   

An appeal under subsection (1) may be made only if—

(a)   

the prosecution made representations that bail should not be granted,

and

5

(b)   

the representations were made before it was granted.

(4)   

Where the prosecution wishes to exercise the right of appeal under subsection

(1), oral notice of appeal shall be given to the magistrates’ court at the

conclusion of the proceedings in which bail has been granted and before the

release from custody of the person concerned.

10

(5)   

Written notice of appeal shall thereafter be served on the magistrates’ court

and the person concerned within two hours of the conclusion of such

proceedings.

(6)   

On receipt from the prosecution of oral notice of appeal from its decision to

grant bail, the magistrates’ court shall remand in custody the person

15

concerned, until the appeal is determined or otherwise disposed of.

(7)   

Where the prosecution fails, within the period of two hours mentioned in

subsection (5), to serve one or both of the notices required by that subsection,

the appeal shall be deemed to have been disposed of.

(8)   

The hearing of an appeal under subsection (1) against a decision of the

20

magistrates’ court to grant bail shall be commenced within 48 hours, excluding

weekends, Christmas Day, Good Friday and a bank holiday, from the time

when oral notice of appeal is given.

(9)   

An appeal by the prosecution under this section shall be by way of re-hearing,

and on such an appeal the High Court may—

25

(a)   

remand the person concerned in custody, or

(b)   

grant bail subject to such conditions (if any) as it thinks fit.

(10)   

No appeal lies against the decision of the High Court on an appeal under this

section.

(11)   

In relation to a person under the age of 21, the reference in subsection (1) to an

30

offence punishable by imprisonment is to be read as a reference to an offence

which would be so punishable in the case of a person over that age.

11      

Bail under section 67 of the Terrorism Act 2000

(1)   

A person admitted to bail under section 67 of the Terrorism Act 2000 (c. 11)

shall be under a duty to surrender to custody.

35

(2)   

Schedule 2 (which makes provision for the enforcement of the duty under

subsection (1) and contains other provisions relating to persons admitted to

bail under section 67 of the Terrorism Act 2000) shall have effect.

(3)   

In this section and Schedule 2

   

“bail” means bail granted under section 67 of the Terrorism Act 2000;

40

   

“surrender to custody”, in relation to a person admitted to bail, means

surrender himself (according to the requirements of the grant of bail)—

(a)   

into the custody of a court at the time and place for the time

being appointed for him to do so; or

 

 

 
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