Justice and Security (Northern Ireland) Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Justice and Security (Northern Ireland) Bill

Justice and Security (Northern Ireland) Bill
Schedule 2 — Restrictions on disclosure of juror information: further amendments
31

Schedule 2
Section 9

Restrictions on disclosure of juror information: further amendments
Introduction
1
The Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) is
amended as follows.
5
No inspection of Jurors Lists and panels
2     (1)
In Article 4 (preparation of Jurors Lists)—
(a)
in paragraph (6), omit the words from “and in each year” to the end;
(b)
in paragraph (10), for sub-paragraph (a) substitute—
“(a)
the days and period mentioned in paragraph (1),
10
and”.
      (2)
Omit Article 7 (inspection of panel).
      (3)
Omit Article 16(1) to (3) (challenge for name not being on Jurors List).
      (4)
In Article 17 (restrictions on right of challenge), in paragraph (1), omit
“Subject to Article 16,”.
15
      (5)
This paragraph does not have effect in relation to any Divisional Jurors List
or any panel under Article 5 of the Order made available for inspection
before the day on which this paragraph comes into force.
Procedure for ascertaining attendance of jurors to be conducted in private
3
In Article 9 (procedure for ascertaining attendance of jurors), after
20
paragraph (1) insert—
“(1A)
No person may be present in the court while the call over of the panel
is conducted under paragraph (1) apart from—
(a)
the judge of any court;
(b)
the persons summoned to attend as jurors;
25
(c)
the officer calling over the panel or any other officer of the
court;
(d)
a court security officer;
(e)
any other person authorised for the purpose by the judge of
any court.”
30
Balloting of jurors by number rather than by name
4     (1)
In Article 6 (form of panel), in paragraph (1), after “arranged” insert “(and
assigned numbers)”.
      (2)
In Article 12 (balloting of jurors), after paragraph (1) insert—
“(1A)
The ballot shall be conducted using the numbers assigned to the
35
persons on the panel, or the section of the panel, in accordance with
Article 6(1) (and not by using their names).”
      (3)
In Article 12, in paragraph (2), for “names” substitute “numbers”.

Justice and Security (Northern Ireland) Bill
Schedule 3 — Munitions and Transmitters: Search and Seizure
32

      (4)
In Article 18 (selection of additional jurors), after paragraph (2) insert—
“(2A)
A ballot under paragraph (2) shall be conducted using numbers
assigned to the nominated persons (and not by using their names).”
Schedule 3
Section 23

Munitions and Transmitters: Search and Seizure
5
Interpretation
1     (1)
In this Schedule “officer” means—
(a)
a member of Her Majesty's forces on duty, and
(b)
a constable.
      (2)
In this Schedule “authorised officer” means—
10
(a)
a member of Her Majesty's forces who is on duty and is authorised
by a commissioned officer of those forces, and
(b)
a constable who is authorised by an officer of the Police Service of
Northern Ireland of at least the rank of inspector.
      (3)
In this Schedule—
15
(a)
“munitions” means—
(i)
explosives, firearms and ammunition, and
(ii)
anything used or capable of being used in the manufacture of
an explosive, a firearm or ammunition,
(b)
“explosive” means—
20
(i)
an article or substance manufactured for the purpose of
producing a practical effect by explosion,
(ii)
materials for making an article or substance within sub-
paragraph (i),
(iii)
anything used or intended to be used for causing or assisting
25
in causing an explosion, and
(iv)
a part of anything within sub-paragraph (i) or (ii),
(c)
“firearm” includes an air gun or air pistol,
(d)
“scanning receiver” means apparatus (or a part of apparatus) for
wireless telegraphy designed or adapted for the purpose of
30
automatically monitoring selected frequencies, or automatically
scanning a selected range of frequencies, so as to enable
transmissions on any of those frequencies to be detected or
intercepted,
(e)
“transmitter” means apparatus (or a part of apparatus) for wireless
35
telegraphy designed or adapted for emission, as opposed to
reception,
(f)
“wireless apparatus” means a scanning receiver or a transmitter, and
(g)
“wireless telegraphy” has the same meaning as in section 116 of the
Wireless Telegraphy Act 2006.
40

Justice and Security (Northern Ireland) Bill
Schedule 3 — Munitions and Transmitters: Search and Seizure
33

Entering premises
2     (1)
An officer may enter and search any premises for the purpose of
ascertaining—
(a)
whether there are any munitions unlawfully on the premises, or
(b)
whether there is any wireless apparatus on the premises.
5
      (2)
An officer may not enter a dwelling under this paragraph unless he is an
authorised officer and he reasonably suspects that the dwelling—
(a)
unlawfully contains munitions, or
(b)
contains wireless apparatus.
      (3)
A constable exercising the power under sub-paragraph (1) may, if necessary,
10
be accompanied by other persons.
3     (1)
If the officer carrying out a search of premises under paragraph 2 reasonably
believes that it is necessary in order to carry out the search or to prevent it
from being frustrated, he may—
(a)
require a person who is on the premises when the search begins, or
15
who enters during the search, to remain on the premises;
(b)
require a person mentioned in paragraph (a) to remain in a specified
part of the premises;
(c)
require a person mentioned in paragraph (a) to refrain from entering
a specified part of the premises;
20
(d)
require a person mentioned in paragraph (a) to go from one specified
part of the premises to another;
(e)
require a person who is not a resident of the premises to refrain from
entering them.
      (2)
A requirement imposed under this paragraph shall cease to have effect after
25
the conclusion of the search in relation to which it was imposed.
      (3)
Subject to sub-paragraphs (4) and (5), no requirement under this paragraph
for the purposes of a search shall be imposed or have effect after the end of
the period of four hours beginning with the time when the first (or only)
requirement is imposed in relation to the search.
30
      (4)
In the case of a search by a constable, an officer of the Police Service of
Northern Ireland of at least the rank of superintendent may extend the
period mentioned in sub-paragraph (3) in relation to a search by a further
period of four hours if he reasonably believes that it is necessary to do so in
order to carry out the search or to prevent it from being frustrated.
35
      (5)
In the case of a search by a member of Her Majesty’s forces, an officer of at
least the rank of Major may extend the period mentioned in sub-paragraph
(3) in relation to a search by a further period of four hours if he reasonably
believes that it is necessary to do so in order to carry out the search or to
prevent it from being frustrated.
40
      (6)
The power to extend a period conferred by sub-paragraph (4) or (5) may be
exercised only once in relation to a particular search.
Stopping and searching persons
4     (1)
An officer may—
(a)
stop a person in a public place, and
45

Justice and Security (Northern Ireland) Bill
Schedule 3 — Munitions and Transmitters: Search and Seizure
34

(b)
search him for the purpose of ascertaining whether he has munitions
unlawfully with him or wireless apparatus with him.
      (2)
An officer may search a person—
(a)
who is not in a public place, and
(b)
whom the officer reasonably suspects to have munitions unlawfully
5
with him or to have wireless apparatus with him.
      (3)
A member of Her Majesty's forces may search a person entering or found in
a dwelling entered under paragraph 2.
Seizure
5     (1)
This paragraph applies where an officer is empowered by virtue of this
10
Schedule or section 24 or 25 to search premises or a person.
      (2)
The officer may—
(a)
seize any munitions found in the course of the search (unless it
appears to him that the munitions are being, have been and will be
used only lawfully), and
15
(b)
retain and, if necessary, destroy them.
      (3)
The officer may—
(a)
seize any wireless apparatus found in the course of the search (unless
it appears to him that the apparatus is being, has been and will be
used only lawfully), and
20
(b)
retain it.
Records
6     (1)
Where an officer carries out a search of premises under this Schedule he
shall, unless it is not reasonably practicable, make a written record of the
search.
25
      (2)
The record shall specify—
(a)
the address of the premises searched,
(b)
the date and time of the search,
(c)
any damage caused in the course of the search, and
(d)
anything seized in the course of the search.
30
      (3)
The record shall also include the name (if known) of any person appearing
to the officer to be the occupier of the premises searched; but—
(a)
a person may not be detained in order to discover his name, and
(b)
if the officer does not know the name of a person appearing to him
to be the occupier of the premises searched, he shall include in the
35
record a note describing him.
      (4)
The record shall identify the officer—
(a)
in the case of a constable, by reference to his police number, and
(b)
in the case of a member of Her Majesty's forces, by reference to his
service number, rank and regiment.
40
7     (1)
Where an officer makes a record of a search in accordance with paragraph 6,
he shall supply a copy to any person appearing to him to be the occupier of
the premises searched.

Justice and Security (Northern Ireland) Bill
Schedule 4 — Compensation
35

      (2)
The copy shall be supplied immediately or as soon as is reasonably
practicable.
Offences
8     (1)
A person commits an offence if he—
(a)
knowingly fails to comply with a requirement imposed under
5
paragraph 3, or
(b)
wilfully obstructs, or seeks to frustrate, a search of premises under
this Schedule.
      (2)
A person guilty of an offence under this paragraph shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not
10
exceeding two years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding
six months, to a fine not exceeding the statutory maximum or to
both.
9     (1)
A person commits an offence if he fails to stop when required to do so under
15
paragraph 4.
      (2)
A person guilty of an offence under this paragraph shall be liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
Schedule 4
Section 37

Compensation
20
Right to compensation
1     (1)
This paragraph applies where under sections 20 to 31—
(a)
real or personal property is taken, occupied, destroyed or damaged,
or
(b)
any other act is done which interferes with private rights of property.
25
      (2)
Where this paragraph applies in respect of an act taken in relation to any property
or rights the Secretary of State shall pay compensation to any person who—
(a)
has an estate or interest in the property or is entitled to the rights, and
(b)
suffers loss or damage as a result of the act.
2
No compensation shall be payable unless an application is made to the
30
Secretary of State in such manner as he may specify.
Time limit
3     (1)
Subject to sub-paragraphs (2) and (3), an application for compensation in
respect of an act must be made within the period of 28 days beginning with
the date of the act.
35
      (2)
The Secretary of State may, in response to a request made to him in writing,
permit an application to be made—
(a)
after the expiry of the period mentioned in sub-paragraph (1), and

Justice and Security (Northern Ireland) Bill
Schedule 4 — Compensation
36

(b)
within such longer period, starting from the date of the act and not
exceeding six months, as he may specify.
      (3)
Where the Secretary of State refuses a request under sub-paragraph (2)—
(a)
he shall serve a notice of refusal on the person who made the request,
(b)
that person may, within the period of six weeks beginning with the
5
date of service of the notice, appeal to the county court against the
refusal, and
(c)
the county court may exercise the power of the Secretary of State
under sub-paragraph (2).
Determination
10
4
Where the Secretary of State determines an application for compensation he
shall serve on the applicant a notice—
(a)
stating that he has decided to award compensation and specifying
the amount of the award, or
(b)
stating that he has decided to refuse the application.
15
5     (1)
An applicant may appeal to the county court against—
(a)
the amount of compensation awarded, or
(b)
the refusal of compensation.
      (2)
An appeal must be brought within the period of six weeks beginning with
the date of service of the notice under paragraph 4.
20
6     (1)
This paragraph applies where the Secretary of State considers that in the
course of an application for compensation the applicant—
(a)
knowingly made a false or misleading statement,
(b)
made a statement which he did not believe to be true, or
(c)
knowingly failed to disclose a material fact.
25
      (2)
The Secretary of State may—
(a)
refuse to award compensation,
(b)
reduce the amount of compensation which he would otherwise have
awarded, or
(c)
withhold all or part of compensation which he has awarded.
30
7
Where the Secretary of State makes an award of compensation he may make a
payment to the applicant in respect of all or part of the costs of the application.
Assignment of right
8     (1)
This paragraph applies where—
(a)
a person has made an application for compensation, and
35
(b)
his right to compensation has passed to another person by virtue of
an assignment or the operation of law.
      (2)
The Secretary of State shall treat the person mentioned in sub-paragraph
(1)(b) as the applicant.
Offenders
40
9     (1)
This paragraph applies where a person has a right to compensation in
respect of an act and—

Justice and Security (Northern Ireland) Bill
Schedule 4 — Compensation
37

(a)
the act was done in connection with, or revealed evidence of the
commission of an offence, and
(b)
proceedings for the offence are brought against the person.
      (2)
The person's right to compensation shall not be enforceable while the
proceedings have not been concluded.
5
      (3)
If the person stands convicted of the offence he shall have no right to
compensation.
Notices
10
A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the
right of appeal under paragraph 3(3)(b) or 5.
10
11    (1)
The Secretary of State may serve a notice under this Schedule on an
individual—
(a)
by delivering it to him,
(b)
by sending it by post addressed to him at his usual or last-known
place of residence or business, or
15
(c)
by leaving it for him there.
      (2)
The Secretary of State may serve a notice under this Schedule on a
partnership—
(a)
by sending it by post to a partner, or to a person having the control
or management of the partnership business, at the principal office of
20
the partnership, or
(b)
by addressing it to a partner or to a person mentioned in paragraph
(a) and leaving it at that office.
      (3)
The Secretary of State may serve a notice under this Schedule on a body
corporate—
25
(a)
by sending it by post to the secretary or clerk of the body at its
registered or principal office, or
(b)
by addressing it to the secretary or clerk of the body and leaving it at
that office.
      (4)
The Secretary of State may serve a notice under this Schedule on any
30
person—
(a)
by delivering it to his solicitor,
(b)
by sending it by post to his solicitor at his solicitor's office, or
(c)
by leaving it for his solicitor there.
Offences
35
12    (1)
A person commits an offence if he obtains compensation or increased
compensation for himself or another person by deception.
      (2)
In sub-paragraph (1) “deception” means any deception (whether deliberate
or reckless) by words or conduct as to fact or as to law, including a deception
as to the present intentions of the person using the deception or any other
40
person.
      (3)
A person commits an offence if for the purposes of obtaining compensation
he—
(a)
knowingly makes a false or misleading statement,