Justice and Security (Northern Ireland) Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Justice and Security (Northern Ireland) Bill

Justice and Security (Northern Ireland) Bill
1

A
Bill
To
Make provision about justice and security in Northern Ireland.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Trials on indictment without a jury
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Issue of certificate
(1)
This section applies in relation to a person charged with one or more indictable
offences (“the defendant”).
(2)
The Director of Public Prosecutions for Northern Ireland may issue a certificate
5
that any trial on indictment of the defendant (and of any person committed for
trial with the defendant) is to be conducted without a jury if—
(a)
he suspects that any of the following conditions is met, and
(b)
he is satisfied that in view of this there is a risk that the administration
of justice might be impaired if the trial were to be conducted with a
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jury.
(3)
Condition 1 is that the defendant—
(a)
is, or has at any time been, a member of a proscribed organisation (see
subsection (9)), or
(b)
is an associate (see subsection (10)) of a person who is, or has at any
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time been, a member of a proscribed organisation.
(4)
Condition 2 is that—
(a)
the offence or any of the offences was committed on behalf of a
proscribed organisation, or
(b)
a proscribed organisation was otherwise involved with, or assisted in,
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the carrying out of the offence or any of the offences.
(5)
Condition 3 is that an attempt has been made to prejudice the investigation or
prosecution of the offence or any of the offences and—
(a)
the attempt was made on behalf of a proscribed organisation, or

Bill 10 54/2

Justice and Security (Northern Ireland) Bill
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(b)
a proscribed organisation was otherwise involved with, or assisted in,
the attempt.
(6)
Condition 4 is that the offence or any of the offences was committed to any
extent (whether directly or indirectly) as a result of, in connection with or in
response to religious or political hostility of one person or group of persons
5
towards another person or group of persons.
(7)
In subsection (6) “religious or political hostility” means hostility based to any
extent on—
(a)
religious belief or political opinion,
(b)
supposed religious belief or political opinion, or
10
(c)
the absence or supposed absence of any, or any particular, religious
belief or political opinion.
(8)
In subsection (6) the references to persons and groups of persons need not
include a reference to the defendant or to any victim of the offence or offences.
(9)
In this section “proscribed organisation”, in relation to a person who is or has
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been a member of an organisation, means an organisation—
(a)
which is proscribed or which was at any time during the person’s
membership of the organisation proscribed, and
(b)
whose activities are (or were at the time of his membership) connected
with the affairs of Northern Ireland;
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and for the purpose of paragraph (a) “proscribed” has the meaning given by
section 11(4) of the Terrorism Act 2000 (c. 11).
(10)
For the purposes of this section a person (A) is the associate of another person
(B) if—
(a)
A is the spouse or a former spouse of B,
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(b)
A is the civil partner or a former civil partner of B,
(c)
A and B (whether of different sexes or the same sex) live as partners, or
have lived as partners, in an enduring family relationship,
(d)
A is a friend of B, or
(e)
A is a relative of B.
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Certificates: supplementary
(1)
If a certificate under section 1 is issued in relation to any trial on indictment of
a person charged with one or more indictable offences (“the defendant”), it
must be lodged with the court before the arraignment of—
(a)
the defendant, or
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(b)
any person committed for trial on indictment with the defendant.
(2)
A certificate lodged under subsection (1) may be modified or withdrawn by
giving notice to the court at any time before the arraignment of—
(a)
the defendant, or
(b)
any person committed for trial on indictment with the defendant.
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(3)
In this section “the court” means—
(a)
in relation to a time before the committal for trial on indictment of the
defendant, the magistrates’ court before which any proceedings for the
offence or any of the offences mentioned in subsection (1) are being, or
have been, conducted;
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Justice and Security (Northern Ireland) Bill
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(b)
otherwise, the Crown Court.
3
Preliminary inquiry
(1)
This section applies where a certificate under section 1 has been issued in
relation to any trial on indictment of a person charged with one or more
indictable offences.
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(2)
In proceedings before a magistrates’ court for the offence or any of the offences,
if the prosecution requests the court to conduct a preliminary inquiry into the
offence the court must grant the request.
(3)
In subsection (2) “preliminary inquiry” means a preliminary inquiry under the
Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
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(4)
Subsection (2)—
(a)
applies notwithstanding anything in Article 31 of that Order,
(b)
does not apply in respect of an offence where the court considers that
in the interests of justice a preliminary investigation should be
conducted into the offence under that Order, and
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(c)
does not apply in respect of an extra-territorial offence (as defined in
section 1(3) of the Criminal Jurisdiction Act 1975 (c. 59)).
4
Court for trial
(1)
A trial on indictment in relation to which a certificate under section 1 has been
issued is to be held only at the Crown Court sitting in Belfast, unless the Lord
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Chief Justice of Northern Ireland directs that—
(a)
the trial,
(b)
a part of the trial, or
(c)
a class of trials within which the trial falls,

is to be held at the Crown Court sitting elsewhere.
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(2)
The Lord Chief Justice of Northern Ireland may nominate any of the following
to exercise his functions under subsection (1)—
(a)
the holder of one of the offices listed in Schedule 1 to the Justice
(Northern Ireland) Act 2002 (c. 26);
(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).
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(3)
If a person is committed for trial on indictment and a certificate under section
1 has been issued in relation to the trial, the person must be committed—
(a)
to the Crown Court sitting in Belfast, or
(b)
where a direction has been given under subsection (1) which concerns
the trial, to the Crown Court sitting at the place specified in the
35
direction;

and section 48 of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal
for trial on indictment) has effect accordingly.
(4)
Where—
(a)
a person is committed for trial on indictment otherwise than to the
40
Crown Court sitting at the relevant venue, and
(b)
a certificate under section 1 is subsequently issued in relation to the
trial,

Justice and Security (Northern Ireland) Bill
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the person is to be treated as having been committed for trial to the Crown
Court sitting at the relevant venue.
(5)
In subsection (4) “the relevant venue”, in relation to a trial, means—
(a)
if the trial falls within a class specified in a direction under subsection
(1)(c) (or would fall within such a class had a certificate under section 1
5
been issued in relation to the trial), the place specified in the direction;
(b)
otherwise, Belfast.
(6)
Where—
(a)
a person is committed for trial to the Crown Court sitting in Belfast in
accordance with subsection (3) or by virtue of subsection (4), and
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(b)
a direction is subsequently given under subsection (1), before the
commencement of the trial, altering the place of trial,

the person is to be treated as having been committed for trial to the Crown
Court sitting at the place specified in the direction.
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Mode of trial on indictment
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(1)
The effect of a certificate issued under section 1 is that the trial on indictment
of—
(a)
the person to whom the certificate relates, and
(b)
any person committed for trial with that person,

is to be conducted without a jury.
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(2)
Where a trial is conducted without a jury under this section, the court is to have
all the powers, authorities and jurisdiction which the court would have had if
the trial had been conducted with a jury (including power to determine any
question and to make any finding which would be required to be determined
or made by a jury).
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(3)
Except where the context otherwise requires, any reference in an enactment
(including a provision of Northern Ireland legislation) to a jury, the verdict of
a jury or the finding of a jury is to be read, in relation to a trial conducted
without a jury under this section, as a reference to the court, the verdict of the
court or the finding of the court.
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(4)
No inference may be drawn by the court from the fact that the certificate has
been issued in relation to the trial.
(5)
Without prejudice to subsection (2), where the court conducting a trial under
this section—
(a)
is not satisfied that a defendant is guilty of an offence for which he is
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being tried (“the offence charged”), but
(b)
is satisfied that he is guilty of another offence of which a jury could
have found him guilty on a trial for the offence charged,

the court may convict him of the other offence.
(6)
Where a trial is conducted without a jury under this section and the court
40
convicts a defendant (whether or not by virtue of subsection (5)), the court
must give a judgment which states the reasons for the conviction at, or as soon
as reasonably practicable after, the time of the conviction.
(7)
A person convicted of an offence on a trial under this section may,
notwithstanding anything in sections 1 and 10(1) of the Criminal Appeal
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Justice and Security (Northern Ireland) Bill
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(Northern Ireland) Act 1980 (c. 47), appeal to the Court of Appeal under Part 1
of that Act—
(a)
against his conviction, on any ground, without the leave of the Court of
Appeal or a certificate of the judge of the court of trial;
(b)
against sentence passed on conviction, without that leave, unless the
5
sentence is fixed by law.
(8)
Where a person is convicted of an offence on a trial under this section, the time
for giving notice of appeal under section 16(1) of that Act is to run from the date
of judgment (if later than the date from which it would run under that
subsection).
10
(9)
Article 16(4) of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/
1500 (N.I. 9)) (leave of judge or Court of Appeal required for prosecution
appeal under Part IV of that Order) does not apply in relation to a trial
conducted under this section.
6
Rules of court
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(1)
Rules of court may make such provision as appears to the authority making
them to be necessary or expedient for the purposes of sections 1 to 5.
(2)
Without limiting subsection (1), rules of court may in particular make
provision for time limits which are to apply in connection with any provision
of sections 1 to 5.
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(3)
Nothing in this section is to be taken as affecting the generality of any
enactment (including a provision of Northern Ireland legislation) conferring
powers to make rules of court.
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Limitation on challenge of issue of certificate
(1)
No court may entertain proceedings for questioning (whether by way of
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judicial review or otherwise) any decision of the Director of Public
Prosecutions for Northern Ireland in relation to the issue of a certificate under
section 1.
(2)
Subsection (1) prevents a court, in particular, from entertaining proceedings to
determine whether a decision or purported decision of the Director (without
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dishonesty or bad faith) was a nullity by reason of lack of jurisdiction or error
of law.
(3)
Section 7(1) of the Human Rights Act 1998 (c. 42) (claim that public authority
has infringed Convention right) is subject to subsections (1) and (2).
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Supplementary
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(1)
Nothing in sections 1 to 6 affects—
(a)
the requirement under Article 49 of the Mental Health (Northern
Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) that a question of fitness to
be tried be determined by a jury, or
(b)
the requirement under Article 49A of that Order that any question,
40
finding or verdict mentioned in that Article be determined, made or
returned by a jury.

Justice and Security (Northern Ireland) Bill
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(2)
Schedule 1 (minor and consequential amendments relating to trials on
indictment without a jury) shall have effect.
(3)
The provisions of sections 1 to 7 and this section (and Schedule 1) apply in
relation to offences committed before, as well as after, the coming into force of
those provisions, but subject to any provision made by virtue of—
5
(a)
section 4 of the Terrorism (Northern Ireland) Act 2006 (c. 4)
(transitional provision in connection with expiry etc of Part 7 of the
Terrorism Act 2000 (c. 11)), or
(b)
section 50(7) of this Act.
(4)
An order under section 4 of the Terrorism (Northern Ireland) Act 2006 may
10
make provision disregarding any of the amendments made by Schedule 1 to
this Act for any purpose specified in the order.
Juries
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Restrictions on disclosure of juror information
(1)
After Article 26 of the Juries (Northern Ireland) Order 1996 (S.I. 1996/1141
15
(N.I. 6)) insert—
“26A
Restriction on disclosure of juror information
(1)
A person to whom any of paragraphs (2) to (7) applies must not disclose
juror information (see Article 26C) except with lawful authority (see
Article 26B).
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(2)
This paragraph applies to a person—
(a)
who is or has been an electoral officer or a court official (see
Article 26C); and
(b)
who obtained the juror information in the course of his
functions as an electoral officer or court official.
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(3)
This paragraph applies to a person—
(a)
who is or has been a person providing services to the Northern
Ireland Court Service or the employee of such a person; and
(b)
who obtained the juror information for or in connection with
the provision of services to the Court Service.
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(4)
This paragraph applies to a person—
(a)
who is or has been a member of the police service (see Article
26C); and
(b)
who obtained the juror information for or in connection with
the making of checks, in accordance with jury check guidelines
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(see Article 26C), on the person to whom the information
relates.
(5)
This paragraph applies to any person, other than a court official or a
member of the police service, to whom the juror information was
disclosed in accordance with jury check guidelines.
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(6)
This paragraph applies to a person—
(a)
who is or has been a juror or summoned as a juror; and
(b)
who obtained the juror information as a result of having been a
juror or summoned as a juror;

Justice and Security (Northern Ireland) Bill
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but this paragraph does not apply to a person in so far as the juror
information is information about himself.
(7)
This paragraph applies to a person who knows, or ought reasonably to
have known, that the juror information had previously been disclosed
in contravention of paragraph (1).
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(8)
A person who contravenes paragraph (1) shall be guilty of an offence
and shall be liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding six 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 two years or to a fine, or to both.
(9)
It shall be a defence for a person charged with an offence under this
Article to prove that he reasonably believed that the disclosure by him
was lawful.
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26B
Disclosure of juror information: lawful authority
(1)
For the purposes of Article 26A, juror information is disclosed with
lawful authority if any of paragraphs (2) to (9) applies to the disclosure.
(2)
This paragraph applies to a disclosure by an electoral officer—
(a)
to another electoral officer, or
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(b)
in accordance with Article 4.
(3)
This paragraph applies to a disclosure by a court official—
(a)
to another court official,
(b)
to the judge of any court, or
(c)
to a juror or a person summoned as a juror.
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(4)
This paragraph applies to a disclosure—
(a)
to a person providing services to the Northern Ireland Court
Service, or
(b)
to the employee of such a person,

for or in connection with the provision of services to the Court Service.
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(5)
This paragraph applies to a disclosure—
(a)
by a person providing services to the Northern Ireland Court
Service, or
(b)
by the employee of such a person,

if the disclosure is required or authorised to be made by an officer of the
35
court (see Article 2(2)) for or in connection with the provision of
services to the Court Service.
(6)
This paragraph applies to a disclosure—
(a)
by an officer of the court to a member of the police service,
(b)
by a member of the police service to another member of the
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police service, or
(c)
by a member of the police service to an officer of the court,

for or in connection with the making of checks, in accordance with jury
check guidelines, on the person to whom the juror information relates.