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Justice and Security (Northern Ireland) Bill |
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[The page and line references are to HL Bill 42, the bill as first printed for the Lords.] |
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1 | Page 5, line 27, at end insert “(including in particular exceptional circumstances |
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| | relating to lack of jurisdiction or error of law)” |
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2 | Insert the following new Clause— |
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| | “Duration of non-jury trial provisions |
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| | (1) | Sections 1 to 8 (and Schedule 1) (“the non-jury trial provisions”) shall expire |
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| | at the end of the period of two years beginning with the day on which |
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| | section 1 comes into force (“the effective period”). |
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| | (2) | But the Secretary of State may by order extend, or (on one or more |
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| | occasions) further extend, the effective period. |
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| | (3) | An order under subsection (2)— |
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| | (a) | must be made before the time when the effective period would end |
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| | but for the making of the order, and |
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| | (b) | shall have the effect of extending, or further extending, that period |
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| | for the period of two years beginning with that time. |
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| | (4) | The expiry of the non-jury trial provisions shall not affect their application |
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| | to a trial on indictment in relation to which— |
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| | (a) | a certificate under section 1 has been issued, and |
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| | (b) | the indictment has been presented, |
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| | (5) | The expiry of section 4 shall not affect the committal of a person for trial in |
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| | accordance with subsection (3) of that section, or by virtue of subsection (4) |
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| | or (6) of that section, to the Crown Court sitting in Belfast or elsewhere in a |
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| | case where the indictment has not been presented before its expiry. |
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| | (6) | The Secretary of State may by order make any amendments of enactments |
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| | (including provisions of Northern Ireland legislation) that appear to him to |
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| | be necessary or expedient in consequence of the expiry of the non-jury trial |
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| | (7) | An order under this section— |
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| | (a) | shall be made by statutory instrument, and |
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| | (b) | may not be made unless a draft has been laid before and approved |
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| | by resolution of each House of Parliament.” |
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3 | Insert the following new Clause— |
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| | “Community restorative justice schemes |
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| | (1) | The Secretary of State shall maintain a public register of accredited |
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| | community restorative justice schemes. |
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| | (2) | Accredited community restorative justice schemes shall be inspected |
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| | regularly by the Criminal Justice Inspectorate, which shall report on such |
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| | inspections to the Secretary of State who shall publish a report. |
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| | (3) | A report under subsection (2) may make such recommendations as to the |
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| | conduct of a scheme as the Criminal Justice Inspectorate thinks fit. |
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| | (4) | If the Criminal Justice Inspectorate considers that a scheme is |
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| | unsatisfactory or is operating in an unsatisfactory manner, it may |
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| | recommend to the Secretary of State that it be removed from the register.” |
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4 | Page 29, line 17, after “section” insert— |
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| | “(a) | shall be made by statutory instrument; and |
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5 | Page 29, line 21, leave out subsection (9) |
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6 | Page 32, line 28, at end insert— |
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| | “( ) | Section (Duration of non-jury trial provisions)(6) and (7) extends to England |
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| | and Wales and Northern Ireland only.” |
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7 | Page 32, line 29, after “Schedule 1” insert “(and sections 8 and (Duration of non-jury |
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| | trial provisions)(1) to (4) so far as relating to those amendments)” |
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8 | Page 32, line 38, at end insert— |
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| | “( ) | section (Duration of non-jury trial provisions);” |
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