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LORDS amendments

to the

Justice and Security (Northern Ireland) Bill

[The page and line references are to HL Bill 42, the bill as first printed for the Lords.]

Clause 7

1

Page 5, line 27, at end insert “(including in particular exceptional circumstances

 

relating to lack of jurisdiction or error of law)”

After Clause 8

2

Insert the following new Clause—

 

“Duration of non-jury trial provisions

 

(1)    

Sections 1 to 8 (and Schedule 1) (“the non-jury trial provisions”) shall expire

 

at the end of the period of two years beginning with the day on which

 

section 1 comes into force (“the effective period”).

 

(2)    

But the Secretary of State may by order extend, or (on one or more

 

occasions) further extend, the effective period.

 

(3)    

An order under subsection (2)—

 

(a)    

must be made before the time when the effective period would end

 

but for the making of the order, and

 

(b)    

shall have the effect of extending, or further extending, that period

 

for the period of two years beginning with that time.

 

(4)    

The expiry of the non-jury trial provisions shall not affect their application

 

to a trial on indictment in relation to which—

 

(a)    

a certificate under section 1 has been issued, and

 

(b)    

the indictment has been presented,

 

    

before their expiry.

 

(5)    

The expiry of section 4 shall not affect the committal of a person for trial in

 

accordance with subsection (3) of that section, or by virtue of subsection (4)

 
 
Bill 10054/2

 
 

2

 
 

or (6) of that section, to the Crown Court sitting in Belfast or elsewhere in a

 

case where the indictment has not been presented before its expiry.

 

(6)    

The Secretary of State may by order make any amendments of enactments

 

(including provisions of Northern Ireland legislation) that appear to him to

 

be necessary or expedient in consequence of the expiry of the non-jury trial

 

provisions.

 

(7)    

An order under this section—

 

(a)    

shall be made by statutory instrument, and

 

(b)    

may not be made unless a draft has been laid before and approved

 

by resolution of each House of Parliament.”

Before Clause 42

3

Insert the following new Clause—

 

“Community restorative justice schemes

 

(1)    

The Secretary of State shall maintain a public register of accredited

 

community restorative justice schemes.

 

(2)    

Accredited community restorative justice schemes shall be inspected

 

regularly by the Criminal Justice Inspectorate, which shall report on such

 

inspections to the Secretary of State who shall publish a report.

 

(3)    

A report under subsection (2) may make such recommendations as to the

 

conduct of a scheme as the Criminal Justice Inspectorate thinks fit.

 

(4)    

If the Criminal Justice Inspectorate considers that a scheme is

 

unsatisfactory or is operating in an unsatisfactory manner, it may

 

recommend to the Secretary of State that it be removed from the register.”

Clause 42

4

Page 29, line 17, after “section” insert—

 

“(a)    

shall be made by statutory instrument; and

 

(b)    

5

Page 29, line 21, leave out subsection (9)

Clause 50

6

Page 32, line 28, at end insert—

 

“( )    

Section (Duration of non-jury trial provisions)(6) and (7) extends to England

 

and Wales and Northern Ireland only.”

7

Page 32, line 29, after “Schedule 1” insert “(and sections 8 and (Duration of non-jury

 

trial provisions)(1) to (4) so far as relating to those amendments)”

Clause 51

8

Page 32, line 38, at end insert—

 

“( )    

section (Duration of non-jury trial provisions);”


 
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