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
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Free legal aid in magistrates’ courts
In Article 28 of the Legal Aid, Advice and Assistance (Northern Ireland) Order
1981 (S.I. 1981/228 (N.I. 8)) (free legal aid in the magistrates’ court), after
paragraph (2) insert—
“(2A)
The power conferred by paragraph (1) to grant a criminal aid certificate
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includes power to grant a certificate for a limited period, for the
purposes of specified proceedings only or for the purposes of limited
aspects of proceedings, and to vary or remove any limitation imposed
by a criminal aid certificate.”
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Altering title of resident magistrate
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(1)
Section 102 of the Courts Act 2003 (c. 39) (power to alter judicial titles: Northern
Ireland) is amended as follows.
(2)
In subsection (1)(a), after “county courts” insert “or magistrates’ courts”.
(3)
In subsection (2)—
(a)
after the entry for “Deputy judge of the county court” insert—
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“Deputy resident magistrate”;
(b)
after the entry for “Presiding judge for the county courts” insert—
“Presiding resident magistrate”;
(c)
at the end of the list insert—
“Resident magistrate”.
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45
Private Security Industry
(1)
This section—
(a)
establishes interim arrangements for regulating private security
services in Northern Ireland following the expiry of section 106 of, and
Schedule 13 to, the Terrorism Act 2000 (c. 11) (subsection (2) and
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Schedule 5), and
(b)
provides for the eventual regulation of those services under the Private
Security Industry Act 2001 (subsections (3) to (5)).
(2)
Schedule 5 (which regulates the private security industry in Northern Ireland
until repeal in accordance with subsection (4)(a) below) shall have effect.
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(3)
For section 26(3) and (4) of the Private Security Industry Act 2001 (c. 12)
(extent) substitute—
“(3)
This Act extends to—
(a)
England and Wales,
(b)
Scotland, and
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(c)
Northern Ireland.”
(4)
An order under section 3(3) of the Private Security Industry Act 2001 (conduct
prohibited without a licence) designating an activity in respect of Northern
Ireland—
(a)
shall include provision repealing Schedule 5 to this Act in so far as it
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applies to that activity, and
(b)
may include transitional provision or savings.
(5)
The amendments of that Act in section 46 below shall have effect.

Justice and Security (Northern Ireland) Bill
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(6)
This section and section 46 shall come into force in accordance with provision
made by the Secretary of State by order; and an order—
(a)
shall be made by statutory instrument,
(b)
may make provision generally or only for specified purposes,
(c)
may make different provision for different purposes, and
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(d)
may include incidental, consequential or transitional provision.
(7)
Transitional provision under or by virtue of this section may, in particular—
(a)
provide for a licence issued under one provision to have effect, subject
to any specified modifications, as if issued under another;
(b)
provide for applications under or by virtue of a provision to be made in
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advance of its coming into force.
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Amendments of the Private Security Industry Act 2001
(1)
This section sets out the amendments of the Private Security Industry Act 2001
(c. 12) referred to in section 45(5) above.
(2)
At the end of section 11 (licensing appeals) add—
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“(7)
In the application of this section to Northern Ireland a reference to the
Crown Court shall be taken as a reference to a county court.”
(3)
In section 13(8) (local authority licensing) after “to Scotland” insert “or
Northern Ireland”.
(4)
In section 15(1)(a) (approvals) for “in England and Wales or in Scotland”
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substitute “in the United Kingdom”.
(5)
At the end of section 18 (approval appeals) add—
“(6)
In the application of this section to Northern Ireland a reference to the
Crown Court shall be taken as a reference to a county court.”
(6)
At the end of section 25 (interpretation) add—
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“(3)
In the application of this section to Northern Ireland, a reference to an
Act that does not extend there shall be taken as a reference to the
equivalent (or nearest equivalent) legislation that does.”
(7)
In Schedule 2 (controlled activities) after paragraph 4(4A) insert—
   “(4B)
This paragraph does not apply to any activities, of a person who is a
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barrister-at-law or solicitor in Northern Ireland, which are carried
out for the purposes of the provision of legal services—
(a)
by him;
(b)
by any firm of which he is a partner or by which he is
employed;
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(c)
by any body corporate of which he is a director or member or
by which he is employed.”
Supplemental
47
Repeals and revocations
Schedule 6 (repeals and revocations) shall have effect.
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Justice and Security (Northern Ireland) Bill
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48
Financial provisions
There shall be paid out of money provided by Parliament—
(a)
expenditure of the Secretary of State in connection with this Act, and
(b)
any increase attributable to this Act in sums payable out of money provided by
Parliament under another enactment.
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Extent
(1)
The following provisions extend to England and Wales, Scotland and Northern
Ireland—
(a)
sections 13 to 19;
(b)
section 44;
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(c)
sections 45 and 46 (and Schedule 5).
(2)
The amendments in Schedule 1 have the same extent as the enactments to
which they relate.
(3)
Subject to that, the preceding provisions of this Act extend to Northern Ireland
only.
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Commencement
(1)
Sections 20 to 39 shall come into force on 1st August 2007.
(2)
Sections 45 and 46 (and Schedule 5) come into force in accordance with section
45(6).
(3)
The following come into force on the day on which this Act is passed—
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(a)
sections 48 and 49;
(b)
this section;
(c)
section 51.
(4)
Subject to subsection (5), the other provisions of this Act come into force on
such day as the Secretary of State may appoint by order made by statutory
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instrument.
(5)
Any repeal or revocation in Schedule 6 (and section 47 so far as relating to the
repeal or revocation) comes into force in the same way as the provisions of this
Act to which the repeal or revocation relates.
(6)
Different days may be appointed under subsection (4) for different purposes.
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(7)
The Secretary of State may by order made by statutory instrument make
transitory or transitional provision or savings in connection with the coming
into force of any provision of this Act.
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Short title
This Act may be cited as the Justice and Security (Northern Ireland) Act 2007.
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Justice and Security (Northern Ireland) Bill
Schedule 1 — Trials on indictment without a jury: consequential amendments

Schedules
Schedule 1
Section 8

Trials on indictment without a jury: consequential amendments
Criminal Procedure and Investigations Act 1996 (c. 25)
1     (1)
The Criminal Procedure and Investigations Act 1996 is, in its application to
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Northern Ireland (as set out in Schedule 4 to that Act), amended as follows.
      (2)
In section 14A(1) (public interest: review for scheduled offences), for the
words from “the offence” to the end substitute “section 5 of the Justice and
Security (Northern Ireland) Act 2007 (trials on indictment without a jury)
applies in relation to the trial of the accused for the offence charged”.
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      (3)
The heading of section 14A accordingly becomes “Public interest: review for
offences tried under section 5 of the Justice and Security (Northern Ireland)
Act 2007”.
      (4)
In section 39(3)(a) (start of trial on indictment without a jury), for “section 75
of the Terrorism Act 2000” substitute “section 5 of the Justice and Security
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(Northern Ireland) Act 2007”.
Criminal Justice Act 2003 (c. 44)
2
The Criminal Justice Act 2003 is amended as follows.
3
In section 50 (application of Part 7 to Northern Ireland), for subsection (2)
substitute—
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“(2)
This Part does not apply in relation to a trial to which section 5 of the
Justice and Security (Northern Ireland) Act 2007 (trials on indictment
without a jury) applies.”
4
In Schedule 36, in paragraph 45(3), in the inserted section 48(6B)(b) of the
Judicature (Northern Ireland) Act 1978 (c. 23) (committal for trial on
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indictment), for “section 75 of the Terrorism Act 2000” substitute “section 5
of the Justice and Security (Northern Ireland) Act 2007”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
5
In section 21 of the Domestic Violence, Crime and Victims Act 2004
(application of sections 17 to 20 to Northern Ireland), for subsection (2)
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substitute—
“(2)
Sections 17 to 20 do not apply in relation to a trial to which section 5
of the Justice and Security (Northern Ireland) Act 2007 (trials on
indictment without a jury) applies.”