Northern Ireland (Offences) Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Northern Ireland (Offences) Bill

Northern Ireland (Offences) Bill
13

23
Power to repeal provisions of this Act, etc
(1)
The Secretary of State may by order repeal any provision of this Act if, at any
time no earlier than two years after its commencement, he is satisfied that no
useful purpose would be served by the provision remaining in force.
(2)
Where section 3 is repealed by an order under subsection (1), the Secretary of
5
State may by order amend the Northern Ireland (Sentences) Act 1998 (c. 35)
(accelerated release) so that it gives an eligible person a right to be released
immediately, or as soon as is reasonably practicable, so far as the relevant
sentence is concerned.
(3)
For the purposes of subsection (2)—
10
(a)
a person is an “eligible person” if he is granted a declaration under
section 3(1) of the Northern Ireland (Sentences) Act 1998 and there is no
outstanding application under section 8(1) of that Act for the
declaration to be revoked;
(b)
“the relevant sentence” is the sentence to which the declaration relates.
15
24
Commencement
The preceding provisions of this Act come into force in accordance with
provision made by the Secretary of State by order.
25
Orders and rules
(1)
Any order or rules under this Act must be made by statutory instrument.
20
(2)
Any order or rules under this Act—
(a)
may include incidental, supplemental, consequential, saving or
transitional provisions;
(b)
may make different provision for different purposes.
(3)
Rules under Schedule 2 or 5 are to be made by the Secretary of State after
25
consultation with the Lord Chancellor.
(4)
Rules under this Act, and orders under Schedule 6, are subject to annulment in
pursuance of a resolution of either House of Parliament.
(5)
Subject to subsection (6), an order under section 22 may not be made unless a
draft has been laid before, and approved by a resolution of, each House of
30
Parliament.
(6)
A suspension order under section 22 may be made without a draft having been
approved if the Secretary of State thinks it necessary by reason of urgency, in
which case the order—
(a)
must include a declaration to that effect;
35
(b)
must be laid before Parliament after being made;
(c)
ceases to have effect at the end of the period of 40 days (computed in
accordance with section 7(1) of the Statutory Instruments Act 1946
(c. 36)) starting with the day on which it was made unless a resolution
has been passed by each House approving it.
40
(7)
If a suspension order under section 22 ceases to have effect by virtue of
subsection (6) above, nothing done in relation to a person while the order was
in force is to be treated as unlawful by reason only of the order’s ceasing to
have effect.

Northern Ireland (Offences) Bill
14

(8)
An order under section 23 may not be made unless a draft has been laid before,
and approved by a resolution of, each House of Parliament.
26
Money
Expenditure incurred by the Secretary of State by virtue of this Act is to be paid out of
money provided by Parliament.
5
27
Short title
This Act may be cited as the Northern Ireland (Offences) Act 2006.

Northern Ireland (Offences) Bill
Schedule 1 — Certification commissioner
15

Schedules
Schedule 1
Section 2

Certification commissioner
Tenure
1
The commissioner—
5
(a)
is to hold office in accordance with the terms of his appointment, but
(b)
may resign by giving written notice to the Secretary of State.
2
The Secretary of State may dismiss the commissioner if satisfied—
(a)
that he has without reasonable excuse failed to exercise his functions
for a continuous period of three months beginning not earlier than
10
six months before the day of dismissal,
(b)
that he has been convicted of a criminal offence,
(c)
that a bankruptcy order has been made against him, or his estate has
been sequestrated, or he has made a composition or arrangement
with, or granted a trust deed for, his creditors, or
15
(d)
that he is unable or unfit to exercise his functions.
Remuneration and allowances
3
The Secretary of State is to pay such remuneration, fees and allowances as he
considers appropriate to, or in respect of, the commissioner.
Staff, premises and other facilities
20
4
The Secretary of State is to provide for the commissioner—
(a)
the services of such staff, and
(b)
the use of such premises and other facilities,

as the Secretary of State considers appropriate.
Information for victims
25
5     (1)
It is the duty of the commissioner to secure that appropriate arrangements
are made for giving information to victims about the case of each person
who is granted a certificate of eligibility.
      (2)
“Victims”, in relation to a person granted a certificate—
(a)
means persons who are victims of a certified offence, and
30
(b)
includes members of the families of such persons.
      (3)
The arrangements must not allow information to be given if doing so would
create a danger to the safety of any person.

Northern Ireland (Offences) Bill
Schedule 2 — Special Tribunal
16

Annual report
6     (1)
As soon as reasonably practicable after the end of each financial year, the
commissioner must report to the Secretary of State on the exercise of the
commissioner’s functions during the year.
      (2)
The Secretary of State must lay a copy of the report before Parliament.
5
      (3)
“Financial year” means—
(a)
the period beginning with the date on which the commissioner is
appointed and ending with the next 31st March, and
(b)
each successive period of twelve months.
Parliamentary disqualification
10
7
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(c. 24) (disqualifying offices), there is inserted at the appropriate place—

“Certification commissioner appointed under section 2 of the
Northern Ireland (Offences) Act 2006.”
8
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
15
Act 1975 (c. 25) (disqualifying offices), there is inserted at the appropriate
place—

“Certification commissioner appointed under section 2 of the
Northern Ireland (Offences) Act 2006.”
Schedule 2
20
Section 8

Special Tribunal
Procedure for bringing cases before Special Tribunal
1     (1)
Rules may make provision for the process by which the Special Tribunal is
to become seised of charges for offences.
      (2)
Such provision need not prescribe any function for magistrates’ courts in
25
that process.
Constitution of Special Tribunal
2     (1)
The Special Tribunal is to consist of a person who has held high judicial
office or office as a county court judge (in Northern Ireland) or circuit judge
(in England and Wales).
30
      (2)
Rules may make provision as to—
(a)
the appointment of persons by whom the jurisdiction of the Special
Tribunal is to be exercisable;
(b)
the tenure of such appointments;
(c)
the payment by the Secretary of State of remuneration, fees or
35
allowances to, or in respect of, such persons.
Venue
3
The Special Tribunal is to sit in Northern Ireland.

Northern Ireland (Offences) Bill
Schedule 2 — Special Tribunal
17

Jurisdiction
4     (1)
The Special Tribunal may not try an offence under the law of England and
Wales or Scotland.
      (2)
Where the Special Tribunal is prevented by sub-paragraph (1) from trying a
person for a certified offence, it may try him for any offence under the law
5
of Northern Ireland for which it could try him if the conduct in question was
alleged to have occurred in Northern Ireland; and the person may be
convicted and sentenced accordingly.
      (3)
Where a person is sentenced for an offence by virtue of sub-paragraph (2),
the sentence may not exceed the maximum sentence that could be imposed
10
for the offence under the law of England and Wales or Scotland to which that
offence corresponds.
      (4)
A reference in section 7 to a person being convicted of a certified offence is
to be read as including a reference to the case where, by virtue of sub-
paragraph (2), a person is convicted of an offence corresponding to that
15
offence.
      (5)
A reference in section 8 to a person being tried for a certified offence by the
Special Tribunal is to be read as including a reference to the case where, by
virtue of sub-paragraph (2), a person is tried by that Tribunal for an offence
corresponding to that offence.
20
      (6)
A reference in section 9 to a person receiving a sentence in respect of a
certified offence is to be read as including a reference to the case where, by
virtue of sub-paragraph (2), a person receives a sentence in respect of an
offence corresponding to that offence.
Application of other legislation
25
5     (1)
Subject to the provisions of this Act, any provision about the Crown Court
or proceedings on indictment contained in or made under any enactment
(including provision about publicly-funded legal assistance in relation to
such proceedings) applies, so far as relevant, in relation to the Special
Tribunal or proceedings before that Tribunal.
30
      (2)
Any such provision—
(a)
has effect, in its application by virtue of sub-paragraph (1), subject to
such modifications as are necessary or are prescribed by rules;
(b)
if rules so provide, does not apply in relation to the Special Tribunal
or proceedings before that Tribunal.
35
      (3)
The reference in sub-paragraph (1) to a provision about proceedings on
indictment includes a reference to any provision about criminal proceedings
that is not restricted to summary proceedings.
Procedure
6
Subject to any direction of the Special Tribunal, the procedure to be followed
40
in proceedings before the Tribunal is to correspond to that followed in
proceedings on indictment.

Northern Ireland (Offences) Bill
Schedule 3 — Appeals commissioners
18

Staff, premises and other facilities
7
The Secretary of State is to provide for the Special Tribunal—
(a)
the services of such staff, and
(b)
the use of such premises and other facilities,

as the Secretary of State considers appropriate.
5
Schedule 3
Section 13

Appeals commissioners
Chairman
1     (1)
The Secretary of State must appoint a chairman from among the
commissioners.
10
      (2)
The chairman must be a person who has held high judicial office or office as
a county court judge (in Northern Ireland) or circuit judge (in England and
Wales).
Tenure
2
A commissioner—
15
(a)
is to hold office in accordance with the terms of his appointment, but
(b)
may resign by giving written notice to the Secretary of State.
3
The Secretary of State may dismiss a commissioner if satisfied—
(a)
that he has without reasonable excuse failed to exercise his functions
for a continuous period of three months beginning not earlier than
20
six months before the day of dismissal,
(b)
that he has been convicted of a criminal offence,
(c)
that a bankruptcy order has been made against him, or his estate has
been sequestrated, or he has made a composition or arrangement
with, or granted a trust deed for, his creditors, or
25
(d)
that he is unable or unfit to exercise his functions.
Remuneration and allowances
4
The Secretary of State is to pay such remuneration, fees and allowances as he
considers appropriate to, or in respect of, each commissioner.
Staff, premises and other facilities
30
5
The Secretary of State is to provide for the commissioners—
(a)
the services of such staff, and
(b)
the use of such premises and other facilities,

as he considers appropriate.
Parliamentary disqualification
35
6
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

Northern Ireland (Offences) Bill
Schedule 4 — Procedure of appeals commissioners
19

(c. 24) (disqualifying offices), there is inserted at the appropriate place—

“Appeals commissioner appointed under section 13 of the
Northern Ireland (Offences) Act 2006.”
7
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (disqualifying offices), there is inserted at the appropriate
5
place—

“Appeals commissioner appointed under section 13 of the
Northern Ireland (Offences) Act 2006.”
Schedule 4
Section 14

Procedure of appeals commissioners
10
Rules
1     (1)
The Secretary of State may make rules prescribing the procedure to be
followed in relation to proceedings of the appeals commissioners.
      (2)
The rules may in particular—
(a)
make provision for the matters set out in this Schedule;
15
(b)
confer functions on the chairman.
Allocation of cases
2
The rules may provide—
(a)
for the allocation of proceedings to panels of commissioners;
(b)
for the taking of specified decisions by a single commissioner.
20
Order of proceedings
3
The rules may provide for appeals to be dealt with in the order decided by
the commissioners.
Appeals
4
The rules may require an appeal—
25
(a)
to be brought within a specified period;
(b)
to be made in a specified form;
(c)
to be accompanied by specified documents.
Evidence and information
5
The rules may make provision about evidence and information, including in
30
particular—
(a)
provision requiring the commissioners to send to the Secretary of
State copies of appeals and such related documents as the rules may
specify;
(b)
provision requiring the Secretary of State to provide specified
35
information to the commissioners;
(c)
provision for the giving of evidence by or on behalf of the Secretary
of State, the Police Service of Northern Ireland and others;