Justice (Northern Ireland) Bill [HL]

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Session 2003 - 04
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Justice (Northern Ireland) Bill [HL]

12
Justice (Northern Ireland) Bill [HL]
Schedule 1 — Transfer to Lord Chancellor of functions relating to Northern Ireland Judicial Appointments Commission

Schedules
Schedule 1
Section 1

Transfer to Lord Chancellor of functions relating to Northern Ireland
Judicial Appointments Commission
1
In section 2(2) of the 2002 Act for “First Minister and deputy First Minister,
5
acting jointly,” substitute “Lord Chancellor”.
2
In section 3(2)(b) of the 2002 Act for “First Minister and deputy First
Minister, acting jointly” substitute “Lord Chancellor”.
3     (1)
Section 5 of the 2002 Act is amended as follows.
      (2)
In subsection (3) for “First Minister and deputy First Minister, acting
10
jointly,” substitute “Lord Chancellor”.
      (3)
In subsection (4) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor” and for “that Office” substitute “the Lord
Chancellor”.
      (4)
In subsection (5)—
15
(a)
for “First Minister and deputy First Minister do” substitute “Lord
Chancellor does”,
(b)
for “they” substitute “he”, and
(c)
for “their” substitute “his”.
      (5)
In subsection (6) for “Office of the First Minister and deputy First Minister”
20
substitute “Lord Chancellor” and for “that Office” substitute “the Lord
Chancellor”.
      (6)
In subsection (7) for “First Minister and deputy First Minister” substitute
“Lord Chancellor”.
4     (1)
Section 90 of the 2002 Act is amended as follows.
25
      (2)
Omit subsections (2) and (3).
      (3)
In subsection (4) after “section” insert “2(2)(b),”.
      (4)
In subsection (5)(a) after “section” insert “2(2)(a) or (c),”.
5     (1)
Schedule 2 to the 2002 Act is amended as follows.
      (2)
In paragraph 1(2) for “First Minister and deputy First Minister, acting
30
jointly,” substitute “Lord Chancellor”.
      (3)
In paragraph 1(3) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor”.
      (4)
In paragraph 2(3) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor”.
35
      (5)
In paragraph 2(4) for “First Minister and deputy First Minister, acting
jointly,” substitute “Lord Chancellor”.

Justice (Northern Ireland) Bill [HL]
Schedule 2 — Bail under Terrorism Act 2000
13

      (6)
In paragraph 3 for “First Minister and deputy First Minister, acting jointly,”
substitute “Lord Chancellor”.
      (7)
In paragraph 4(1) for “First Minister and deputy First Minister” substitute
“Lord Chancellor”.
      (8)
For paragraph 4(3) substitute—
5
“(3)
Employment as a member of staff of the Commission is among the
kinds of employment to which a superannuation scheme under
section 1 of the Superannuation Act 1972 can apply: and,
accordingly, in Schedule 1 to that Act (employments, etc, to which
section 1 can apply), at the appropriate place in the list of “Royal
10
Commissions and other Commissions” insert—

“Northern Ireland Judicial Appointments Commission”.”
      (9)
In paragraph 5(5) for “Office of the First Minister and deputy First Minister”
substitute “Lord Chancellor”.
     (10)
In paragraph 5(6) for “First Minister and deputy First Minister, acting
15
jointly, must lay before the Assembly” substitute “Lord Chancellor must lay
before each House of Parliament” and for “their Office” substitute “him”.
     (11)
In paragraph 5(7) for “the Assembly” substitute “each House of Parliament”.
     (12)
In paragraph 6 for “First Minister and deputy First Minister, acting jointly,”
substitute “Lord Chancellor”.
20
     (13)
In paragraph 7(2) for “First Minister and deputy First Minister, acting
jointly, direct” substitute “Lord Chancellor directs”.
     (14)
For paragraph 7(3) and (4) substitute—
“(3)
The Commission must send copies of the statement of accounts
relating to a financial year to—
25
(a)
the Lord Chancellor, and
(b)
the Comptroller and Auditor General,

within such period after the end of the financial year as the Lord
Chancellor directs.
(4)
The Comptroller and Auditor General must—
30
(a)
examine, certify and report on the statement of accounts, and
(b)
lay a copy of the statement of accounts and of his report on it
before each House of Parliament.”
Schedule 2
Section 11

Bail under Terrorism Act 2000
35
Offence of absconding by person admitted to bail
1     (1)
If a person who has been admitted to bail fails without reasonable cause to
surrender to custody, he shall be guilty of an offence.
      (2)
If a person who—
(a)
has been admitted to bail, and
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(b)
has, with reasonable cause, failed to surrender to custody,

Justice (Northern Ireland) Bill [HL]
Schedule 2 — Bail under Terrorism Act 2000
14


fails to surrender to custody at the appointed place as soon after the
appointed time as is reasonably practicable, he shall be guilty of an offence.
      (3)
A person guilty of an offence under sub-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 maximum or to both;
5
(b)
on conviction on indictment, to imprisonment for a term not
exceeding 3 years or to a fine or to both.
      (4)
In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.
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
10
exceptions) after sub-paragraph (h) (added by section 12(5)) add—
(i)
“(i) paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern
Ireland) Act 2004 (absconding by person admitted to bail in
respect of a scheduled offence).”
      (5)
In Part 1 of Schedule 9 to the Terrorism Act 2000 (c. 11) (scheduled offences)
15
after paragraph 22 insert—
“Justice (Northern Ireland) Act 2004
22A
Offences under paragraph 1(1) or (2) of Schedule 2 to the Justice
(Northern Ireland) Act 2004 (absconding by persons admitted to
bail in respect of a scheduled offence), subject to note 1 below.”
20
Arrest for absconding or breaking conditions of bail
2     (1)
This paragraph applies to a person who—
(a)
has been admitted to bail; and
(b)
is under a duty to surrender into the custody of a court.
      (2)
If a person to whom this paragraph applies fails to surrender to custody at
25
the time appointed for him to do so, the court may issue a warrant for his
arrest.
      (3)
If a person to whom this paragraph applies—
(a)
surrenders into the custody of a court; but
(b)
absents himself (otherwise than in accordance with permission given
30
by or on behalf of the court) from the court at any time before the
court is ready to begin or to resume the hearing of the proceedings,

that court may issue a warrant for his arrest.
      (4)
A constable may arrest without warrant any person to whom this paragraph
applies—
35
(a)
if the constable has reasonable grounds for believing that that person
is not likely to surrender to custody;
(b)
if the constable has reasonable grounds for believing that that person
is likely to break any of the conditions of his bail or has reasonable
grounds for suspecting that that person has broken any of those
40
conditions; or
(c)
in a case where that person was admitted to bail with one or more
surety or sureties, if a surety notifies a constable in writing that that
person is unlikely to surrender to custody and that for that reason the
surety wishes to be relieved of his obligations as a surety.
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Justice (Northern Ireland) Bill [HL]
Schedule 2 — Bail under Terrorism Act 2000
15

      (5)
If, on an application made by a constable, a justice of the peace is satisfied
that—
(a)
there are reasonable grounds for believing that a person who is liable
to arrest under sub-paragraph (4) is to be found on premises
specified in the application; and
5
(b)
any of the conditions specified in sub-paragraph (6) is satisfied, he
may issue a warrant authorising a constable to enter those premises
(if need be by force) and search them for the purpose of arresting that
person.
      (6)
The conditions mentioned in sub-paragraph (5) are—
10
(a)
that it is not practicable to communicate with any person entitled to
grant entry to the premises;
(b)
that entry to the premises will not be granted unless a warrant is
produced;
(c)
that the purpose of a search of the premises may be frustrated or
15
seriously prejudiced unless a constable arriving at the premises can
secure immediate entry to them.
Procedure where person arrested without warrant
3     (1)
A person who is arrested under paragraph 2(4) shall be brought before a
judge of the High Court or the Court of Appeal as soon as practicable after
20
the arrest and in any event not later than—
(a)
the next day following the day on which he is arrested, or
(b)
if that day is a Sunday, Good Friday or Christmas Day, the next
following day which is not one of those days.
      (2)
Sub-paragraph (1) does not require a person to be brought before a judge at
25
any time when that person is in hospital and is not well enough.
      (3)
Where a person is brought before a judge under sub-paragraph (1), the
judge—
(a)
if of the opinion that he—
(i)
is not likely to surrender to custody, or
30
(ii)
has broken or is likely to break any condition of his bail,

may remand him in custody or commit him to custody (as the case
may require) or, alternatively, may admit him to bail under and in
accordance with section 67 of the Terrorism Act 2000 (c. 11) (subject
to the same or to different conditions); and
35
(b)
if not of that opinion, shall admit him to bail subject to the same
conditions (if any) as were originally imposed.
      (4)
A person admitted to bail under sub-paragraph (3)(b) shall be treated for all
purposes as having been admitted to bail under section 67 of the Terrorism
Act 2000.
40
Procedure where offences certified as suitable for summary trial
4     (1)
This paragraph applies where—
(a)
a person is admitted to bail; and
(b)
a certificate is issued under subsection (1)(b) of section 67 of the
Terrorism Act 2000 (offences suitable for summary trial) in relation
45
to the scheduled offence or (if he is charged with more than one such
offence) all of the scheduled offences with which he is charged.

Justice (Northern Ireland) Bill [HL]
Schedule 3 — Court security
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      (2)
As regards any time after the issue of the certificate, that person shall be
treated for all purposes as if—
(a)
he had been admitted to bail (within the meaning of Part II of the
Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I.
13)) by a magistrates’ court, subject to the same conditions (if any) as
5
those imposed under section 67 of the Terrorism Act 2000 (c. 11);
(b)
any warrant for his arrest issued under paragraph 2(2) or (3) had
been a warrant issued under Article 6(1) or (2) of the Criminal Justice
(Northern Ireland) Order 2003; and
(c)
(in a case where he has been arrested under paragraph 2(4)) he had
10
been arrested under Article 6(3) of the Criminal Justice (Northern
Ireland) Order 2003.
Application of this Schedule
5
This Schedule applies in relation to a person admitted to bail before, as well
as after, it comes into force; but—
15
(a)
paragraphs 1 to 3 apply only in relation to an act or failure of that
person which occurs after this Schedule comes into force; and
(b)
paragraph 4 applies only where the certificate mentioned in sub-
paragraph (1)(b) of that paragraph is issued after this Schedule
comes into force.
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Schedule 3
Section 16

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.
25
      (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
30
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—
35
(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
40
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—

Justice (Northern Ireland) Bill [HL]
Schedule 3 — Court security
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(a)
the Court of Appeal, the High Court, the Crown Court, a county
court, a coroner’s court or a magistrates’ court sits,
(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
5
Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23)) sits,
(d)
the Master (Taxing Office) exercises any functions conferred by or
under an enactment, or
(e)
the Master (Enforcement of Judgements) exercises any functions so
conferred.
10
      (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
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
15
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
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—
20
(a)
any person who is in, or seeking to enter, a relevant building, and
(b)
any article in the possession of such a person.
      (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.
25
Power to exclude, remove or restrain persons
3     (1)
A court security officer acting in the execution of his duty may exclude or
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
30
paragraph 4(1).
      (2)
A court security officer acting in the execution of his duty may—
(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-
35
paragraph (3).
      (3)
The purposes are—
(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,
40
(c)
securing the safety of any person in the building.
      (4)
The powers conferred by sub-paragraphs (1) and (2) include power to use
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
45
been given to him (whether orally or in writing) by a person in authority.

Justice (Northern Ireland) Bill [HL]
Schedule 3 — Court security
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      (6)
“Person in authority” means—
(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
5
(c)
any officer or other member of staff of the Court Service authorised
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.
10
1980/397 (N.I. 3)),
(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)),
15

(which provide for the detention by court officers, and punishment, of
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
20
enter, a relevant building ought to be surrendered on any of the grounds
given in sub-paragraph (3), he may ask the person to surrender the article.
      (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,
25
(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.
Power to retain articles surrendered or seized
5     (1)
Subject to sub-paragraph (2), a court security officer may retain an article
which was—
30
(a)
surrendered in response to a request under paragraph 4(1), or
(b)
seized under paragraph 4(2),

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
35
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
seized, is leaving the relevant building, or
(b)
the end of the permitted period,

whichever is later.
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      (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
officer to draw the article to the attention of a constable.