Northern Ireland (Offences) Bill

House of Commons

Session 2005 - 06
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Northern Ireland (Offences) Bill

Northern Ireland (Offences) Bill
Schedule 4 — Procedure of appeals commissioners
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(d)
provision about the way in which information or evidence is given;
(e)
provision for evidence or information about an applicant not to be
disclosed to anyone other than a commissioner if the Secretary of
State certifies that it satisfies conditions specified in the rules;
(f)
provision preventing an applicant from calling any witness without
5
leave of the commissioners.
Exclusion of persons from proceedings
6
The rules may provide for proceedings to be held in private except where the
commissioners direct otherwise.
7     (1)
The rules may permit the commissioners to hold proceedings in specified
10
circumstances in the absence of any person, including the applicant and any
representative appointed by him.
      (2)
Where an applicant and any representative appointed by him are excluded
from proceedings by virtue of sub-paragraph (1), the Advocate General for
Northern Ireland may appoint a person to represent the applicant’s interests
15
in those proceedings.
      (3)
In relation to any time before the coming into force of section 27(1) of the
Justice (Northern Ireland) Act 2002 (c. 26), the reference in sub-paragraph (2)
to the Advocate General for Northern Ireland is to be read as a reference to
the Attorney General for Northern Ireland.
20
Successive applications
8
The rules may prevent successive appeals being made in specified
circumstances.
Legal aid
9     (1)
The rules may allow the commissioners to award an applicant money for
25
legal advice or representation.
      (2)
The rules may provide for awards to be available—
(a)
only to applicants who satisfy prescribed criteria;
(b)
only in relation to prescribed descriptions of proceedings.
      (3)
The Secretary of State must pay any sums awarded by the commissioners.
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Interpretation
10    (1)
A reference in this Schedule to an appeal includes a reference to proceedings
brought by virtue of section 15.
      (2)
In this Schedule “applicant” means the person who is or was the applicant
for the certificate of eligibility in question.
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Northern Ireland (Offences) Bill
Schedule 5 — Special Appeal Tribunal
21

Schedule 5
Section 16

Special Appeal Tribunal
Constitution of Special Appeal Tribunal
1     (1)
The Special Appeal Tribunal is to consist of a person who has held high
judicial office.
5
      (2)
Rules may make provision as to—
(a)
the appointment of persons by whom the jurisdiction of the Special
Appeal Tribunal is to be exercisable;
(b)
the tenure of such appointments;
(c)
the payment by the Secretary of State of remuneration, fees or
10
allowances to, or in respect of, such persons.
Application of other legislation
2     (1)
This paragraph applies in relation to the Special Appeal Tribunal in its
appeal capacity.
      (2)
Subject to the provisions of this Act, any provision about the Court of
15
Appeal or proceedings in the Court of Appeal 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 Appeal Tribunal or proceedings before that Tribunal.
      (3)
Any such provision—
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(a)
has effect, in its application by virtue of sub-paragraph (2), 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 Appeal
Tribunal or proceedings before that Tribunal.
Procedure
25
3     (1)
Subject to any direction of the Special Appeal Tribunal, the procedure to be
followed in proceedings before the Tribunal in its appeal capacity is to
correspond to that followed in proceedings before the Court of Appeal.
      (2)
In relation to proceedings of the Special Appeal Tribunal in its review
capacity, rules may—
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(a)
make provision prescribing the procedure to be followed (including,
in particular, provision of the kind that may be made by virtue of
paragraphs 5 to 8 of Schedule 4);
(b)
apply, with such modifications as may be prescribed, any provision
about publicly-funded legal assistance in relation to proceedings in
35
the High Court that is contained in or made under any enactment.
Staff, premises and other facilities
4
The Secretary of State is to provide for the Special Appeal Tribunal—
(a)
the services of such staff, and
(b)
the use of such premises and other facilities,
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as the Secretary of State considers appropriate.

Northern Ireland (Offences) Bill
Schedule 6 — Special Prosecutor
22

Interpretation
5
For the purposes of this Schedule—
(a)
the appeal capacity of the Special Appeal Tribunal is the capacity it
has by virtue of section 16;
(b)
the review capacity of the Special Appeal Tribunal is the capacity it
5
has by virtue of section 17.
Schedule 6
Section 18

Special Prosecutor
Qualification for appointment
1
A person is not qualified for appointment as Special Prosecutor unless he is
10
a barrister or solicitor, in Northern Ireland or in England and Wales, of at
least ten years’ standing.
Tenure
2
The Special Prosecutor—
(a)
is to hold office in accordance with the terms of his appointment, but
15
(b)
may resign by giving written notice to the Secretary of State.
3
The Secretary of State, after consultation with the Advocate General for
Northern Ireland, may remove the Special Prosecutor from office on the
ground of misbehaviour or inability to perform the functions of the office.
Remuneration and allowances
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4
The Secretary of State is to pay such remuneration, allowances and sums for
the provision of pensions as he considers appropriate to, or in respect of, the
Special Prosecutor.
Staff, premises and other facilities
5     (1)
The Secretary of State is to provide for the Special Prosecutor—
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(a)
the services of such staff, and
(b)
the use of such premises and other facilities,

as the Secretary of State considers appropriate.
      (2)
Members of the staff of the Special Prosecutor are subject to his direction and
control.
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Information for victims
6     (1)
It is the duty of the Special Prosecutor to secure that appropriate
arrangements are made for giving information to victims about the case of
each person against whom proceedings are taken for an offence before the
Special Tribunal.
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      (2)
“Victim” means the victims of any such offence, and includes members of
the families of such persons.

Northern Ireland (Offences) Bill
Schedule 6 — Special Prosecutor
23

      (3)
The arrangements must not allow information to be given if doing so would
create a danger to the safety of any person.
Conducting proceedings or appearing without instructing solicitor
7
Neither the Special Prosecutor nor a member of his staff, if a barrister, is
prevented from—
5
(a)
conducting proceedings before the Special Tribunal or the Special
Appeal Tribunal, or
(b)
exercising a right of audience in such proceedings,

by not having been instructed by a solicitor.
Exercise of Special Prosecutor’s functions by staff or others
10
8     (1)
The Special Prosecutor may delegate any of his powers (to such extent as he
determines) to a member of his staff.
      (2)
The Special Prosecutor may at any time appoint a person who is not a
member of his staff but who is—
(a)
a barrister or solicitor in Northern Ireland or in England and Wales,
15
or
(b)
an advocate or solicitor in Scotland,

to conduct any proceedings before the Special Tribunal or the Special
Appeal Tribunal that are assigned to him by the Special Prosecutor.
      (3)
A person conducting proceedings assigned to him under sub-paragraph (2)
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has all the powers of the Special Prosecutor but must exercise them subject
to any instructions given to him by the Special Prosecutor.
Interpretation etc
9     (1)
For the purposes of section 18 (and this Schedule) references to the conduct
of proceedings include references to discontinuing the proceedings and the
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taking of any steps that may be taken in relation to the proceedings
(including making representations on applications for judicial review).
      (2)
In relation to any time before the coming into force of section 27(1) of the
Justice (Northern Ireland) Act 2002 (c. 26), a reference in section 18 (or this
Schedule) to the Advocate General for Northern Ireland is to be read as a
30
reference to the Attorney General for Northern Ireland.
Modification of enactments etc
10
The Secretary of State may by order provide for any provision about the
Director of Public Prosecutions for Northern Ireland contained in or made
under any enactment to apply, with such modifications as may be specified
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in the order, in relation to the Special Prosecutor.
Parliamentary disqualification
11
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—

“Special Prosecutor appointed under section 18 of the
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Northern Ireland (Offences) Act 2006.”

Northern Ireland (Offences) Bill
Schedule 6 — Special Prosecutor
24

12
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (c. 25) (disqualifying offices), there is inserted at the appropriate
place—

“Special Prosecutor appointed under section 18 of the
Northern Ireland (Offences) Act 2006.”
5