Justice (Northern Ireland) Act 2002 (c. 26)

(The document as of February, 2008)

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(4) An order under sub-paragraph (1)(b) may amend a relevant order by--

(a) cancelling any provision of it; or

(b) inserting in it (either in addition to or in substitution for any of its provisions) any provision which the relevant court could include if it were then making the order.

(5) The relevant court must not make an order under sub-paragraph (1)(b) or (c) unless the offender consents.

(6) But sub-paragraph (5) does not apply to an order--

(a) cancelling a requirement of the relevant order;

(b) reducing the period of any requirement;

(d) substituting a new responsible officer for the one specified in the relevant order.

(7) The relevant court must not make an order under sub-paragraph (1) amending a youth conference order on the application of the offender unless the relevant court has consulted the responsible officer.

(8) The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a reparation order or youth conference order which affects any action required to be taken by the offender in relation to another person unless that other person agrees.

(9) The relevant court must not make an order under sub-paragraph (1)(b) or (c) in relation to a youth conference order which affects any action falling to be taken by a person other than the offender unless that person agrees.

(10) Where an application under sub-paragraph (1)(a) for the revocation of a relevant order is dismissed, no further application for its revocation may be made under that sub-paragraph by any person except with the consent of the relevant court.

Dealing with relevant order when sentencing after subsequent conviction

6 (1) This paragraph applies where an offender in respect of whom a relevant order is in force is dealt with for an offence by the appropriate court, a court of summary jurisdiction other than the appropriate court or the Crown Court.

(2) The court may do anything which it could do under paragraph 5 in relation to the order if an application were made to it by the responsible officer (and, in the case of a court which is not the relevant court, it were the relevant court).

(3) If the court is the appropriate court or a court of summary jurisdiction other than the appropriate court and the order was made by the Crown Court, sub-paragraph (2) does not apply but the court may commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.

(4) Where a court deals with an offender's case under sub-paragraph (3), it must send to the Crown Court such particulars of the case as may be desirable.

(5) Where by virtue of that sub-paragraph an offender is brought or appears before the Crown Court, the Crown Court may do anything which it could do under paragraph 5 if an application were made to it by the responsible officer.

Copies of revoking, amending or extending order

7 (1) On the making of an order under this Schedule revoking, amending or extending a relevant order, the clerk to the court must immediately give a copy of the revoking, amending or extending order to the responsible officer.

(2) The responsible officer must give a copy of the revoking, amending or extending order to--

(a) the offender subject to the relevant order; and

(b) his parent or guardian or, if he is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), a social worker of the authority.

(3) Where an amending order amends a relevant order by substituting a new petty sessions district for the one specified in the relevant order, the clerk to the court must also send to the clerk of petty sessions for the new district--

(a) a copy of the amending order; and

(b) such documents and information relating to the case as he considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order.

Presence of offender in court, remands etc.

8 (1) Where the responsible officer makes an application to a court under paragraph 2 or 5, he may bring the offender before the court; and, subject to sub-paragraph (8), a court must not make an order under paragraph 3, 4, 5 or 6 unless the offender is present before the court.

(2) The court to which an application under paragraph 2 or 5 is made, or which is considering exercising its powers under paragraph 6, may issue a summons or warrant for the purpose of securing the attendance of the offender before it.

(3) Where the offender has failed to appear in answer to a summons, the court must not issue a warrant under sub-paragraph (2) for his arrest unless it is proved that--

(a) the summons was duly served on him;

(b) he is evading service; or

(4) Where the offender has failed to appear at an adjourned hearing, the court must not issue a warrant under sub-paragraph (2) unless it is satisfied that reasonable steps have been taken to bring to his attention notice of the time and place of the adjourned hearing.

(5) Where the offender is arrested under a warrant issued under sub-paragraph (2) and cannot be brought immediately before the court by which the warrant was issued, the person in whose custody he is--

(a) may make arrangements for his detention in a place of safety for a period of not more than 72 hours from the time of the arrest (and it is lawful for him to be detained under the arrangements); and

(b) must within that period bring him before the Crown Court (if the warrant was issued by that court and it is reasonably practicable to bring him before that court within that period) or (otherwise) a youth court.

(6) Where an offender is brought under sub-paragraph (5)(b) before a youth court which is not the court by which the warrant was issued, that youth court may--

(a) direct that he be immediately released on bail until he can appear before the court by which the warrant was issued; or

(b) remand him to the place to which it would remand him if making an order under Article 13, or (if he is aged 18 or over) to a remand centre, until he can be brought before that court.

(7) Where an application is made to a court under paragraph 2 or 5, or a court is considering exercising its powers under paragraph 6, the court may remand (or further remand) the offender as specified in sub-paragraph (6)(b) if--

(a) a warrant has been issued under sub-paragraph (2) for the purpose of securing his attendance before the court; or

(b) the court considers that remanding (or further remanding) him will enable information to be obtained which is likely to assist the court in deciding whether and, if so, how to exercise its powers.

(8) A court may make an order under paragraph 5 in the absence of the offender if the effect of the order is confined to one or more of the following--

(a) revoking the relevant order;

(b) cancelling a requirement of the relevant order;

(d) substituting a new petty sessions district for the one specified in the relevant order; and

(e) substituting a new responsible officer for the one specified in the relevant order. "

Section 63

SCHEDULE 11 Extension of youth justice system to 17 year olds

Costs in Criminal Cases Act (Northern Ireland) 1968 (c. 10 (N.I.))

1 In section 2(1A) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (costs ordered by magistrates' court to be paid by person under 17 not to exceed amount of fine imposed on him), for "seventeen" substitute "eighteen".

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

2 In section 9(1) of the Treatment of Offenders Act (Northern Ireland) 1968 (remand and committal of persons between 17 and 21), for "seventeen" substitute "eighteen".

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

3 In Article 6(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders)--

(a) in sub-paragraph (a), for "seventeen" substitute "eighteen", and

(b) in the heading of Table A, for "17" substitute "18".

Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

4 In Article 45(4) of the Magistrates' Courts (Northern Ireland) Order 1981 (summary trial of persons 17 or over), for "seventeen" substitute "eighteen".

Treatment of Offenders (Northern Ireland) Order 1989 (S.I. 1989/1344 (N.I. 15))

5 In Article 13(1) of the Treatment of Offenders (Northern Ireland) Order 1989 (removal to young offenders centre of persons between 17 and 21), for "17" substitute "18".

Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15))

6 In Article 14(11) of the Criminal Justice (Northern Ireland) Order 1994 (compensation to be paid under compensation order made against offender under 17 not to exceed £1,000), for "17" substitute "18".

Criminal Justice (Northern Ireland) Order 1996 (S.I 1996/3160 (N.I. 24))

7 The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

8 In Article 5(9) (conditional discharge in case of offender under 17: exercise of powers once 17 or over), for "17" (in both places) substitute "18".

9 In Article 6(2) (effect of discharge where offender 17 or over), for "17" substitute "18".

10 In Article 7(1)(b) (power to require offender between 14 and 17, or his parent or guardian, to give security for good behaviour of offender), for "17" substitute "18".

11 In Article 9(5) (court not to dispense with need for pre-sentence report before passing community sentence on person under 17 unless it relies on previous report), for "17" substitute "18".

12 In Article 21(3) (court not to dispense with need for pre-sentence report before passing custodial sentence on person under 17 unless it relies on previous report), for "17" substitute "18".

13 In Article 29(4)(c) (fixing of fine where parent or guardian of offender under 17 has failed to comply with financial circumstances order etc.), for "17" substitute "18".

14 In Article 31(3) (false statements as to financial circumstances in cases where persons charged are under 17), for "17" substitute "18".

15 In Article 34(2) (copy of report of probation officer to be given to parent or guardian of offender under 17), for "17" substitute "18".

Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

16 The Criminal Justice (Children) (Northern Ireland) Order 1998 has effect subject to the following amendments.

17 In Article 2(2) (interpretation), in the definitions of "adult" and "child", for "17" substitute "18".

18 In Article 30(2) and (3) (powers of youth court where child becomes an adult), for "17" substitute "18".

19 In Article 45 (punishment of certain grave crimes)--

(a) in paragraph (1), for "under the age of 18" substitute "a child",

(b) in paragraphs (4) and (5), for "person" substitute "child", and

(c) in paragraph (6), for "person will, in the opinion of the Secretary of State, attain the age of 18" substitute "child will, in the opinion of the Secretary of State, become an adult".

20 In Article 53 (parental responsibility for children in juvenile justice centres), for "person detained by the managers of a juvenile justice centre is under the age of 18" substitute "child is being detained by the managers of a juvenile justice centre".

21 In Article 54 (escapes from juvenile justice centres)--

(a) in paragraph (1), for "under the age of 18" substitute "still a child",

(b) omit paragraph (3)(b), and

Terrorism Act 2000 (c. 11)

22 The Terrorism Act 2000 has effect subject to the following amendments.

23 In section 70(5) (young persons charged with scheduled offence and held in custody), for "seventeen" substitute "eighteen".

24 In section 78(3) (punishment of children on conviction on indictment of scheduled offence), for "17" substitute "18".

Section 85

SCHEDULE 12 Minor and consequential amendments

Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))

1 Section 18(3) of the Criminal Justice Act (Northern Ireland) 1945 (prosecution of offences against a corporation) shall continue to have effect with the substitution (originally made by Article 10 of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))) of "an indictment has been presented" for the words from "a grand jury" to "a true Bill".

Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

2 Section 20(3) of the Interpretation Act (Northern Ireland) 1954 (offences by bodies corporate) shall continue to have effect with the substitution (originally made by Article 9(3) of the Prosecution of Offences (Northern Ireland) Order 1972) of "except by or with the consent of the Attorney-General or the Director of Public Prosecutions for Northern Ireland" for "except upon the direction of the Attorney-General".

County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))

3 The County Courts Act (Northern Ireland) 1959 has effect subject to the following amendments.

4 (1) Section 102 (appointment and assignment of judges) is amended as follows.

(2) In subsection (4) (assignment of one judge to each division), for "one judge" substitute "one or more judges".

(3) In subsection (5) (judge assigned to Belfast or Londonderry to be Recorder), after "judge" insert ", or (if more than one) one of the judges,".

5 In section 106(2) (salary payable to judge from date on which he takes the oaths required by section 105(3)), for "oaths required by section 105(3)" substitute "required oath or makes the required affirmation and declaration".

Electoral Law Act (Northern Ireland) 1962 (c. 14 (N.I.))

6 Sections 73, 96, 97, 106(1) and 120 of, and paragraph 12 of Schedule 8 to, the Electoral Law Act (Northern Ireland) 1962 (prosecution of offences disclosed on election petitions) shall continue to have effect with the substitution (originally made by Article 9(1) of the Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)) of "The Director of Public Prosecutions for Northern Ireland" for "The Chief Crown Solicitor".

Law Commissions Act 1965 (c. 22)

7 The Law Commissions Act 1965 has effect subject to the following amendments.

8 In section 1(1) (purpose of Law Commission), after "of the law" insert "of England and Wales".

9 In section 3(4) (duty of Law Commission and Scottish Law Commission to consult each other), insert at the end "and the Northern Ireland Law Commission".

Administration of Justice Act 1973 (c. 15)

10 The Administration of Justice Act 1973 has effect subject to the following amendments.

11 In section 9(5) (judicial salaries), after "Salaries payable" insert "under subsection (1)(d) shall be charged on and paid out of the Consolidated Fund of Northern Ireland and other salaries payable".

12 In section 12(1) (retirement of higher judiciary in event of incapacity), after "Northern Ireland" insert "(other than a judge to whom section 7 of the Justice (Northern Ireland) Act 2002 applies)".

Judicature (Northern Ireland) Act 1978 (c. 23)

13 For section 14(1) of the Judicature (Northern Ireland) Act 1978 (vacation of office) substitute--

" (1) The Lord Chief Justice or a Lord Justice of Appeal may vacate his office by resignation in writing under his hand addressed to Her Majesty.

(1A) A judge of the High Court may vacate his office by resignation in writing under his hand addressed to the Office of the First Minister and deputy First Minister. "

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

14 In Article 6(6) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (rehabilitation periods for certain orders), after sub-paragraph (b) insert--

" (ba) a custody care order under Article 44A of that Order of 1998; " .

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

15 (1) Section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (appeal to Court of Appeal) is amended as follows.

(2) In subsection (2)--

(a) in paragraph (a), after "1996" insert "or a youth conference order", and

(b) in paragraph (b), after "community order" insert "or the youth conference order".

(3) In subsection (3)(c), for "paragraph 4(1)(a)" substitute "paragraph (a), or against whom an order is made under paragraph (b) or (c), of paragraph 4(1)".

(4) After that subsection insert--

" (3A) A person may appeal to the Court of Appeal against a decision under paragraph 8 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) not to revoke an order which is in force with respect to him; and on such an appeal the Court of Appeal may do anything which the Crown Court could do under that paragraph.

(3B) A person may appeal to the Court of Appeal against the dismissal of an application to the Crown Court under paragraph 5 of Schedule 1A to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) to make an order under sub-paragraph (1) of that paragraph. "

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))

16 The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 has effect subject to the following amendments.

17 In Article 1(3) (power to bring into force paragraphs 1(b) and 5 of Part 1 of Schedule 1 to that Order), for "Paragraphs 1(b) and 5" substitute "Paragraph 1(b)".

18 In Article 4(2) (relationship between legal advice and assistance and legal aid), after sub-paragraph (a) insert--

" (aa) at a time when--

(i) the Legal Aid Committee has informed him that legal aid is available to him in connection with those proceedings under a direction given under Article 10A(1)(a); or

(ii) the Lord Chancellor has informed him that legal aid is available to him in connection with those proceedings under a direction given under Article 10A(1)(b),

and he has not been informed by the Legal Aid Committee or the Lord Chancellor that such legal aid has ceased to be so available; or "

19 In Article 13(3) (remuneration of persons giving legal aid), for "Article 10(6)(b)" substitute "Article 15A(b)".

20 After Article 15 insert--

" Position of providers, parties etc.

15A Legal aid not to affect normal rules

Except as expressly provided by this Part or by regulations made under it--

(a) the fact that the services of counsel or a solicitor are given by way of legal aid does not affect the relationship between or rights of counsel, solicitor and client or any privilege arising out of such a relationship; and

(b) the rights conferred by or under this Part on a person receiving legal aid are not to affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised. "

21 In Article 26(3) (indemnity), after "12" insert "or a direction under Article 10A(1)".

22 In Article 27 (interpretation), after the definition of "legal aid" insert--

" "Legal Aid Committee" means the committee of the Council of the Law Society established under Article 18; " .

23 In Article 28(2) (free legal aid in the magistrates' court: representation by counsel), for "proceedings" substitute "defence".

24 In Article 31 (resolution of doubts), after "28," insert "28A,".

25 In Article 32 (statements for purposes of free legal aid), after "28," insert "28A,".

26 In Article 36(3) (rules about free legal aid in criminal proceedings), after sub-paragraph (b) insert--

" (bb) the form for the purpose of Article 28A(2)(a); " .

27 In Article 39 (interpretation of Part 3)--

(a) after the definition of "the certifying authority" insert--

" "child" has the meaning given in Article 2(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

"court-ordered youth conference" has the meaning assigned to that expression by Article 33A(5) of the Criminal Justice (Children) (Northern Ireland) Order 1998;, "

(b) in the definition of "criminal aid certificate" after "28(1)," insert "28A(3),", and

" "diversionary youth conference" has the meaning assigned to that expression by Article 10A(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998; " .

28 In the heading of Schedule 1 (proceedings for which legal aid may be given) for "PART 2 OF THIS ORDER" substitute "ARTICLE 9".

Magistrates' Courts (Northern Ireland) Order 1981 (S.I 1981/1675 (N.I. 26))

29 The Magistrates' Courts (Northern Ireland) Order 1981 has effect subject to the following amendments.

30 In Article 47(6) (period of remand), after "1998" insert " ; and

(ba) a custody care order within the meaning of that Order. "

31 (1) Article 140 (appeals to county court) is amended as follows.

(2) In paragraph (2), for "made on conviction," substitute "passed on the person for the offence, whether on conviction or in subsequent proceedings,".

(3) After that paragraph insert--

" (2A) A person may appeal to a county court against--

(a) a fine imposed under paragraph (a), or an order made under paragraph (b) or (c), of paragraph 3(1) of Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24);

(b) the dismissal of an application under Part 3 or 4 of that Schedule;

(c) a fine imposed, or an order made, under Article 41(2) or 44F(3) or (4) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9);

(d) an order made under Article 44C(3)(a) or 54(3)(a) of that Order;

(e) an order made under paragraph 3 of Schedule 1A to that Order; or

(f) the dismissal of an application under paragraph 5 of that Schedule (otherwise than to the Crown Court) to make an order under sub-paragraph (1) of that paragraph. "

Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17))

32 The Child Abduction (Northern Ireland) Order 1985 has effect subject to the following amendments.

33 In Article 3(7) (application of offence of abduction of child in care or subject to certain orders) insert at the end "or a custody care order."

34 (1) Paragraph 4 of the Schedule (modifications of Article 3 for children in certain cases) is amended as follows.

(2) In sub-paragraph (1), after "order" insert "or a custody care order".

(3) In sub-paragraph (2)(a)--

(a) after "consent of" insert ", in the case of a juvenile justice centre order,", and

(b) after "juvenile justice centre" insert "or, in the case of a custody care order, the appropriate authority within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998".

(4) In sub-paragraph (3), insert at the end "and "custody care order" has the same meaning as in Article 44A of that Order."

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/ 595 (N.I. 4))

35 The Mental Health (Northern Ireland) Order 1986 has effect subject to the following amendments.

36 In Article 44(8) (orders which can be made in conjunction with hospital or guardianship orders), for the words from "including" to the end substitute "including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998."

37 In Article 50A(7) (remitting persons for trial following detention in hospital)--

(a) after sub-paragraph (d) insert " ; or

(e) to secure accommodation; " , and

(b) for "or juvenile justice centre" substitute ", juvenile justice centre or secure accommodation".

38 In Article 53(5)(a) (removal to hospital of certain persons serving sentences of imprisonment), for the words from "including" to "juvenile justice centre" substitute "including juvenile justice centre orders and custody care orders under the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9)".

39 (1) Article 56 (further provision as to prisoners under sentence) is amended as follows.

(2) In paragraph (1)--

(a) for "or juvenile justice centre" substitute ", juvenile justice centre or secure accommodation", and

(b) in sub-paragraph (b), after "juvenile justice centre" insert "or the authority providing the secure accommodation".

(3) In paragraph (3), for "or juvenile justice centre" substitute ", juvenile justice centre or secure accommodation".

40 (1) Article 61 (interpretation) is amended as follows.

(2) In paragraph (1A)--

(a) for "means any juvenile justice centre," substitute "means any young offenders centre, any juvenile justice centre, any secure accommodation,", and

(b) insert at the end "; and in this paragraph "young offenders centre" has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))."

(3) After paragraph (1A) insert--

" (1B) In this Part "secure accommodation" means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)) for the purpose of restricting liberty. "

Criminal Justice Act 1988 (c. 33)

41 In paragraph 12 of Schedule 3 to the Criminal Justice Act 1988 (reviews of sentencing: supplementary), for "Attorney General for Northern Ireland" substitute "Director of Public Prosecutions for Northern Ireland".

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

42 The Police and Criminal Evidence (Northern Ireland) Order 1989 has effect subject to the following amendments.

43 (1) Article 2(2) (interpretation) is amended as follows.

(2) After the definition of "items subject to legal privilege" insert--

" "juvenile justice centre" has the same meaning as in the Criminal Justice (Children) (Northern Ireland) Order 1998; " .

(3) After the definition of "recordable offence" insert--

" "secure accommodation" means accommodation provided by an authority (within the meaning of the Children (Northern Ireland) Order 1995) for the purpose of restricting liberty; " .

(4) At the end insert--

" "young offenders centre" has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.)); " .

44 In Article 2(5) (definition of "custodial establishment"), after "juvenile justice centre" insert ", secure accommodation".

45 In Article 19(1)(ca) (entry for purpose of arrest), after "juvenile justice centre" insert "or secure accommodation".

46 In Article 39(8) (place of safety), for "means any juvenile justice centre," substitute "means any young offenders centre, any juvenile justice centre, any secure accommodation,".

Child Support Act 1991 (c. 48)

47 In paragraph 8 of Schedule 4 to the Child Support Act 1991 (application to Northern Ireland of provisions about Child Support Commissioners), after sub-paragraph (a) insert--

" (aa) paragraph 1(3) were omitted; " .

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

48 In Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992, in paragraph 1(1)(b) (exclusion of entitlement to child benefit for children in detention, care, etc.), after "juvenile justice centre" insert "or kept in secure accommodation under a custody care order".

Criminal Appeal Act 1995 (c. 35)

49 (1) Section 22 of the Criminal Appeal Act 1995 (meaning of public body etc.) is amended as follows.

(2) In subsection (3)(a), for "Office of the Director of Public Prosecutions for Northern Ireland" substitute "Public Prosecution Service for Northern Ireland".

(3) In subsection (4)(c), for "Office of the Director of Public Prosecutions for Northern Ireland, that Director" substitute "Public Prosecution Service for Northern Ireland, the Director of Public Prosecutions for Northern Ireland".

Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))

50 The Children (Northern Ireland) Order 1995 has effect subject to the following amendments.

51 In Article 70(7) (provisions which do not apply to those providing refuges for children at risk), after sub-paragraph (b) insert--

" (bb) Article 44C(5) of that Order (escape by child ordered to be kept in secure accommodation under a custody care order); " .

52 In paragraph 4(1)(b) of Schedule 4 (directions under education supervision orders where child is subject to other orders), for "or a juvenile justice centre order" substitute ", a juvenile justice centre order or a custody care order,".

Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))

53 (1) Schedule 2 to the Juries (Northern Ireland) Order 1996 (persons ineligible for jury service) is amended as follows.

(2) After "Members of the Northern Ireland Court Service." insert--

" Court security officers. "

(3) For "The Director of Public Prosecutions for Northern Ireland and members of his staff." substitute--

" The Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland and the members of staff of the Public Prosecution Service for Northern Ireland.

The Chief Inspector of Criminal Justice in Northern Ireland and the members of his staff. "

Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))

54 The Criminal Justice (Northern Ireland) Order 1996 has effect subject to the following amendments.

55 (1) Article 2(2) (interpretation) is amended as follows.

(2) In the definition of "community order", after paragraph (c) insert--

" (ca) a reparation order;

(cb) a community responsibility order; " .

(3) After that definition insert--

" "community responsibility order" means an order under Article 36E of the Criminal Justice (Children) (Northern Ireland) Order 1998 (N.I. 9); " .

(4) In the definition of "custodial sentence", insert at the end--

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