Northern Ireland (Offences) Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Northern Ireland (Offences) Bill

Northern Ireland (Offences) Bill
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Appeals etc
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Rights of appeal: certificates of eligibility
(1)
A person whose application for a certificate of eligibility is refused may appeal
to the appeals commissioners against the refusal.
(2)
The Secretary of State may appeal to the appeals commissioners against the
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grant of a certificate of eligibility.
(3)
A person whose certificate of eligibility is cancelled under section 6 may appeal
to the appeals commissioners against the cancellation.
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Appeals commissioners
(1)
There are to be appeals commissioners appointed by the Secretary of State.
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(2)
In making appointments the Secretary of State must have regard to the
desirability of the commissioners, as a group, commanding widespread
acceptance throughout the community in Northern Ireland.
(3)
Schedule 3 (further provision about the commissioners) has effect.
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Procedure of appeals commissioners
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Schedule 4 (provision about the procedure of the appeals commissioners) has
effect.
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Review by appeals commissioners
(1)
The exercise of functions under this Act by—
(a)
the certification commissioner, or
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(b)
the Secretary of State,

may be questioned in legal proceedings only before the appeals
commissioners.
(2)
The appeals commissioners are the appropriate tribunal for the purposes of
section 7 of the Human Rights Act 1998 (c. 42) in relation to proceedings all or
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part of which call into question the exercise of any of the functions under this
Act of—
(a)
the certification commissioner, or
(b)
the Secretary of State.
(3)
The appeals commissioners may hear proceedings that could, but for this
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section, be brought in the High Court.
(4)
In proceedings brought by virtue of subsection (3), the appeals commissioners
may do anything that the High Court may do.
(5)
The exercise by the appeals commissioners of functions under this Act may not
be questioned in any criminal proceedings.
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Appeal to Special Appeal Tribunal
(1)
A person convicted of an offence by the Special Tribunal may appeal to a
tribunal to be known as the Special Appeal Tribunal.

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(2)
He may appeal—
(a)
against his conviction, on any ground;
(b)
against sentence passed on conviction, unless the sentence is fixed by
law.
(3)
For the purposes of subsection (2)(b) an order under Article 5(1) or (3) of the
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Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (tariffs
etc in life sentence cases) is a sentence passed on conviction (but not a sentence
fixed by law).
(4)
No leave is required for an appeal to be brought under this section.
(5)
There is no appeal from the Special Appeal Tribunal exercising jurisdiction
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under this section.
(6)
Subject to the provisions of this Act—
(a)
the Special Appeal Tribunal has the same powers, authorities and
jurisdiction as the Court of Appeal;
(b)
anything done by or in relation to the Special Appeal Tribunal has
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effect as if done by or in relation to the Court of Appeal.
(7)
Schedule 5 (further provision about the Special Appeal Tribunal) has effect.
(8)
In this section (and in that Schedule) “Court of Appeal” means the court
referred to as such in the Criminal Appeal (Northern Ireland) Act 1980 (c. 47).
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Review by Special Appeal Tribunal
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(1)
The exercise of functions under this Act by the appeals commissioners may be
questioned in legal proceedings only before the Special Appeal Tribunal.
(2)
The Special Appeal Tribunal is the appropriate tribunal for the purposes of
section 7 of the Human Rights Act 1998 (c. 42) in relation to proceedings all or
part of which call into question the exercise of any of the functions under this
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Act of the appeals commissioners.
(3)
The Special Appeal Tribunal may hear proceedings that could, but for this
section, be brought in the High Court.
(4)
In proceedings brought by virtue of subsection (3), the Special Appeal Tribunal
may do anything that the High Court may do.
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(5)
There is no appeal from the Special Appeal Tribunal exercising jurisdiction
under this section.
Conduct of prosecutions
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Special Prosecutor
(1)
The Secretary of State, after consultation with the Advocate General for
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Northern Ireland, must appoint a person, to be known as the Special
Prosecutor—
(a)
to institute and have the conduct on behalf of the Crown of all
proceedings before the Special Tribunal, and
(b)
to have the conduct on behalf of the Crown of all proceedings before the
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Special Appeal Tribunal.

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(2)
The Special Prosecutor must exercise his functions under the superintendence
of the Advocate General for Northern Ireland.
(3)
Schedule 6 (further provision about the Special Prosecutor) has effect.
Interpretation
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Interpretation
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(1)
In this Act—
“certificate of eligibility” means a certificate under section 3;
“certified offence” has the meaning given by section 3(7) (and see
paragraph 4 of Schedule 2);
“enactment” includes Northern Ireland legislation;
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“fingerprint” and “non-intimate sample” have the meaning given by
Article 53 of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (S.I. 1989/1341 (N.I. 12));
“high judicial office” has the same meaning as in Part 3 of the
Constitutional Reform Act 2005 (c. 4);
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“specified organisation” has the same meaning as in section 3 of the
Northern Ireland (Sentences) Act 1998 (c. 35);
“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).
(2)
A reference in this Act to a person being charged with an offence includes a
reference to—
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(a)
a summons or warrant being issued in respect of an offence under
Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.
1981/1675 (N.I. 26)) or section 1 of the Magistrates’ Courts Act 1980
(c. 43), or
(b)
a warrant being issued in Scotland to arrest and commit a person
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suspected of an offence.
(3)
For the purposes of this Act a person holds a certificate of eligibility if such a
certificate has been issued to him and has not been cancelled.
(4)
A reference in this Act to a sentence of imprisonment, in relation to a person
sentenced to some other form of detention by reason of being below the
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minimum age for imprisonment, is a reference to that other form of detention.

In particular, a reference to a sentence of life imprisonment includes a reference
to a sentence of detention at Her Majesty’s, or the Secretary of State’s, pleasure.
(5)
A reference in this Act to a sentence of imprisonment for a term of five years or
more includes a reference to a sentence of life imprisonment.
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Miscellaneous
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Subsequent inadmissibility of information provided to commissioners
(1)
This section relates to evidence and information that—
(a)
concerns a person’s entitlement to a certificate of eligibility, and
(b)
is provided by or on behalf of that person to the certification
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commissioner or to the appeals commissioners.

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(2)
The evidence or information is not admissible in proceedings before the Special
Tribunal or the Special Appeal Tribunal.
(3)
The evidence or information is not admissible in—
(a)
proceedings for an offence under section 29, 30(1), 31 or 35 of the
Northern Ireland (Emergency Provisions) Act 1996 (c. 22);
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(b)
proceedings for an offence under section 2(1), 3, 9, 10, 11 or 18 of the
Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4);
(c)
proceedings for an offence under section 5 of the Criminal Law Act
(Northern Ireland) 1967 (c. 18 (N.I.)) or of the Criminal Law Act 1967
(c. 58) that relates to an offence mentioned in paragraph (a) or (b);
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(d)
proceedings for an offence of aiding, abetting, counselling, procuring
or inciting the commission of an offence mentioned in any of
paragraphs (a) to (c), or of attempting or conspiring to commit an
offence so mentioned.
(4)
The evidence or information—
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(a)
is not admissible in proceedings on applications made under
paragraph 1, 2, 5, 11, 13, 22, 28 or 30 of Schedule 5 to the Terrorism Act
2000 (c. 11);
(b)
is not admissible in proceedings under Article 50 or 51 of the Proceeds
of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)) or Part
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8 of the Proceeds of Crime Act 2002 (c. 29);
(c)
is not to be the subject of an order made by virtue of Article 54 of the
Proceeds of Crime (Northern Ireland) Order 1996 or section 350 or 385
of the Proceeds of Crime Act 2002;
(d)
is not to be the subject of a notice under Schedule 2 to the Proceeds of
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Crime (Northern Ireland) Order 1996.
(5)
Subsections (2) and (3) do not prevent the admission of evidence adduced on
behalf of the defendant.
(6)
Subsection (2) does not prevent the admission of evidence as to the defendant’s
identity.
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(7)
A reference in subsection (3) to an offence under a provision (“the old
provision”) of—
(a)
the Northern Ireland (Emergency Provisions) Act 1996, or
(b)
the Prevention of Terrorism (Temporary Provisions) Act 1989,

is to be taken as including a reference to an offence under the Terrorism Act
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2000 that is committed in circumstances that would have amounted to the
commission of an offence under the old provision before it ceased to have
effect.
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Consequential amendments
(1)
In Article 56 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595
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(N.I. 4)) (further provision as to prisoners under sentence), in paragraph (3),
after “the Sentence Review Commissioners” there is inserted “, the certification
commissioner”.
(2)
In Article 79 of that Order (powers in relation to restricted patients subject to
restriction directions)—
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(a)
in paragraph (5A)(a)(ii), after “the Sentence Review Commissioners”
there is inserted “or the certification commissioner”;

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(b)
in paragraph (5A)(b), the “or” before sub-paragraph (ii) is omitted and
at the end of that sub-paragraph there is inserted “or—
(iii)
he is eligible for a licence under section 9 of the
Northern Ireland (Offences) Act 2006 by virtue
of which he would become so entitled,”.
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(3)
In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
(exceptions to exclusion of matters from legal proceedings)—
(a)
in subsection (1), the “or” before paragraph (f) is omitted and after that
paragraph there is inserted—
“(g)
any proceedings before the appeals commissioners
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appointed under the Northern Ireland (Offences) Act
2006 or any proceedings arising out of proceedings
before those commissioners.”;
(b)
in subsection (2), for “paragraph (e) or (f)” there is substituted
“paragraph (e), (f) or (g)”;
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(c)
in that subsection, the “or” before paragraph (b) is omitted and after
that paragraph there is inserted—
“(c)
in the case of proceedings falling within paragraph (g),
to—
(i)
a party, other than the Secretary of State, to any
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proceedings so falling; or
(ii)
any person who for the purposes of any
proceedings so falling (but otherwise than by
virtue of an appointment under paragraph 7(2)
of Schedule 4 to the Northern Ireland (Offences)
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Act 2006) represents such a party.”
General
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Suspension and revival of section 3
(1)
The Secretary of State may make orders suspending, or later reviving, the
operation of section 3.
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(2)
The effect of a suspension order under this section is—
(a)
to prevent the granting of a certificate of eligibility for which an
application has already been made;
(b)
to suspend the operation of section 5 in relation to an application
already made;
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(c)
to suspend the operation of sections 7 and 8 in relation to a certificate
already granted;
(d)
to prevent the granting of a licence under section 9 pursuant to a
certificate already granted.

This is subject to any later revival order.
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(3)
A suspension order under this section has no effect in relation to a sentence in
respect of which a licence under section 9 is current or suspended when the
order comes into force.