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Justice (Northern Ireland) Bill [HL]


Justice (Northern Ireland) Bill [HL]

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(b)   

into the custody of the governor of a prison at the time and place

for the time being appointed for him to do so.

(4)   

This section and Schedule 2 shall, by virtue of this subsection, cease to have

effect—

(a)   

on 19th February 2006; or

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(b)   

on such earlier date as the Secretary of State may by order appoint.

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Bail to which Part II of the Criminal Justice (Northern Ireland) Order 2003

applies

(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

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2000 (c. 11)) is amended as set out in subsections (2) to (4).

(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

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(3) substitute—

“(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

maximum or to both;

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(b)   

on conviction on indictment, to imprisonment for a term not

exceeding 3 years or to a fine or to both.”

(4)   

In Article 6 of that Order (arrest for absconding or breaking conditions of

bail)—

(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”;

(b)   

after paragraph (3) insert—

“(3A)   

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

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who is liable to arrest under paragraph (3) is to be found

on the premises specified in the application; and

(b)   

any of the conditions specified in paragraph (3B) is

satisfied,

   

he may issue a warrant authorising a constable to enter those

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premises (if need be by force) and search them for the purpose

of arresting that person.

(3B)   

The conditions mentioned in paragraph (3A) are—

(a)   

that it is not practicable to communicate with any

person entitled to grant entry to the premises;

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(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 seriously prejudiced unless a constable

arriving at the premises can secure immediate entry to

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them.”; and

 

 

Justice (Northern Ireland) Bill [HL]

9

 

(c)   

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

and is not well enough.”

(5)   

In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

5

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)”.

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(6)   

Subsection (3) has no effect in relation to offences committed before it comes

into force.

Transfer of prisoners

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Transfer of prisoners

(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.

(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

with an offence, or

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(b)   

a person serving a sentence of imprisonment in Northern Ireland;

   

should be transferred to another part of the United Kingdom 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 that other part, there to

be 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

appropriate institution there.”

(3)   

In paragraph 5(1) (conditions of transfer) after “this Part” insert “(other than a

transfer under paragraph 1(2A))”.

(4)   

After paragraph 5 insert—

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“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

(b)   

such other conditions (if any) as the Secretary of State may

think fit to impose.

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      (2)  

Such a condition as is mentioned in paragraph 6(1)(a) shall not be

varied or removed.

      (3)  

A condition imposed under sub-paragraph (1)(b) may be varied or

removed at any time.”

(5)   

In paragraph 6—

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(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)”.

 

 

Justice (Northern Ireland) Bill [HL]

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(6)   

In paragraph 12—

(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)”.

(7)   

In paragraph 13—

(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)”.

Amendment of section 103 of Terrorism Act 2000

14      

Amendment of section 103 of Terrorism Act 2000

In section 103 of the Terrorism Act 2000 (c. 11) (collection of information about

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”.

Arrest without warrant

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Arrest without warrant for offence of driving while disqualified

(1)   

In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order

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—

“(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

into force.

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Court security

16      

Court security

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

effect.

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Right of barrister to enter into contract for the provision of his services

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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

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Ireland from making rules (however described) which prohibit barristers from

entering into contracts or restrict their right to do so.

 

 

Justice (Northern Ireland) Bill [HL]

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Supplementary

18      

Repeals

Schedule 4 contains repeals.

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Commencement

(1)   

The preceding provisions of this Act (with the Schedules) shall not come into

5

force until such day as the Secretary of State may by order appoint.

(2)   

An order may appoint different days for different purposes.

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Interpretation

In this Act—

(a)   

“the 2002 Act” means the Justice (Northern Ireland) Act 2002 (c. 26),

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and

(b)   

any word or expression defined in section 88 of that Act has the same

meaning in this Act as in that Act.

21      

Statutory rules

(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

1979 (S.I. 1979/1573 (N.I. 12)).

(2)   

No order shall be made under section 8(5) unless a draft of the order has been

laid before, and approved by a resolution of, each House of Parliament.

(3)   

An order under section 8(3)(c) or 11(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

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.

(4)   

An order or regulations made under this Act may include supplementary,

incidental, transitional or consequential provisions.

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22      

Extent

(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

which it relates.

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Short title

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This Act may be cited as the Justice (Northern Ireland) Act 2004.

 

 

 
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