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

(The document as of February, 2008)

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

" (iv) an order under Article 44A of that Order sending the offender to secure accommodation; " .

(5) After the definition of "probation period" insert--

" "reparation order" means an order under Article 36A of the Criminal Justice (Children) (Northern Ireland) Order 1998; " .

(6) After the definition of "young offenders centre" insert--

" "youth conference order" means an order under Article 36J of the Criminal Justice (Children) (Northern Ireland) Order 1998; " .

56 In Article 9(3) (procedural requirements for community orders), at the end insert--

" (ca) a reparation order; and

(cb) a community responsibility order. "

57 In Article 18(1) (restriction on imposing sentences of imprisonment or detention on persons not legally represented), after "order" insert "or custody care order".

58 In Article 19(3) (court not prevented from passing custodial sentence if offender refuses to consent to community sentence), insert at the end "or a youth conference order".

59 (1) Schedule 2 (enforcement of community orders) is amended as follows.

(2) In paragraph 11(3)--

(a) after "committed to" insert "secure accommodation or", and

(b) after "assistance to" insert "the authority keeping the child in secure accommodation,".

(3) In paragraph 18(3)--

(a) after "committed to" insert "secure accommodation or", and

(b) after "assistance to" insert "the authority keeping the child in secure accommodation,".

Sex Offenders Act 1997 (c. 51)

60 In section 4(1) of the Sex Offenders Act 1997 (young sex offenders), for paragraph (c) substitute--

" (c) a period for which a person is ordered to be detained in a juvenile justice centre under Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9));

(ca) a period for which a person is ordered to be kept in secure accommodation under Article 44A of that Order; " .

Police (Northern Ireland) Act 1998 (c. 32)

61 In section 42(3) of the Police (Northern Ireland) Act 1998 (copies of reports of inspectors of constabulary relating to Police Service etc.), insert at the end (but not as part of paragraph (b))--

" and, if the report was received under section 41(2), to the Chief Inspector of Criminal Justice in Northern Ireland. "

Northern Ireland Act 1998 (c. 47)

62 The Northern Ireland Act 1998 has effect subject to the following amendments.

63 In section 75(3) (duty on public authorities to have regard to need to promote equality of opportunity and good relations between different groups), after paragraph (cd) (inserted by section 38 of this Act) insert--

" (ce) the Chief Inspector of Criminal Justice in Northern Ireland;

(cf) the Northern Ireland Law Commission; " .

64 In section 76(7) (discrimination by public authorities), after "Probation Board for Northern Ireland;" insert--

" (fa) the Chief Inspector of Criminal Justice in Northern Ireland;

(fb) the Northern Ireland Law Commission; " .

65 (1) Schedule 3 (reserved matters) is amended as follows.

(2) In paragraph 1 (conferral of functions on Ministers of the Crown), insert at the end "apart from the Advocate General for Northern Ireland".

(3) In paragraph 9 (criminal law, prosecutions etc.), after the second sentence insert--

" This paragraph does not include any matter concerning the Advocate General for Northern Ireland. "

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

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

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

(2) In paragraph (2), in the definitions of "community order", "community sentence" and "custodial sentence"--

(a) insert at the beginning ""combination order",", and

(b) after ""community sentence"" insert ", "community service order"".

(3) After those definitions insert--

" "community responsibility order" means an order under Article 36E;

"custody care order" means an order under Article 44A; " .

(4) In that paragraph, after the definition of "custody officer" insert--

" "Director" means the Director of Public Prosecutions for Northern Ireland; " .

(5) In that paragraph, after the definition of "notice" insert--

" "Order Book" means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984 (SR 1984 No. 225); " .

(6) In that paragraph, after the definition of "parental responsibility" insert--

" "place of safety" has the same meaning as in Article 39(8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (N.I. 12);

"police officer" and "police support staff" have the same meaning as in the Police (Northern Ireland) Act 2000 (c. 32);

"probation order" means an order under Article 10 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24); " .

(7) In that paragraph, after the definition of "relative" insert--

" "remand centre" has the same meaning as in the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.));

"reparation order" means an order under Article 36A;

"responsible officer"--

(a) in relation to an offender subject to a reparation order, has the meaning assigned to it by Article 36D(2);

(b) in relation to an offender subject to a community responsibility order, has the meaning assigned to it by Article 36E(4); and

"secure accommodation" means accommodation provided for the purpose of restricting liberty; " .

(8) At the end of that paragraph insert--

" "youth conference" has the meaning given by Article 3A, "diversionary youth conference" has the meaning given by Article 10A(2) and "court-ordered youth conference" has the meaning given by Article 33A(5);

"youth conference co-ordinator" means a person designated under Article 3A(3);

"youth conference order" has the meaning given by Article 36J(2);

"youth conference plan" has the meaning given by Article 3C. "

(9) After paragraph (3) insert--

" (4) References in this Order to an offence punishable, in the case of an adult, with imprisonment are to be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of adults who are under the age of 21.

(5) References in this Order to associated offences are to be construed in accordance with Article 2(7) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24). "

68 In Article 8(3) and (4) (child not released under Article 7), for "a juvenile justice centre" substitute "secure accommodation provided by or on behalf of the appropriate authority".

69 (1) Article 13 (remand in custody) is amended as follows.

(2) In paragraph (1), for the words after "open court" substitute " and--

(a) if the child has not attained the age of 14, shall make an order committing him to secure accommodation provided by or on behalf of the appropriate authority;

(b) if the child has attained the age of 14 but has not attained the age of 17, shall (subject to paragraph (1A)) make an order committing him to a juvenile justice centre; and

(c) if the child has attained the age of 17, shall (subject to paragraph (1B)) make an order committing him to a young offenders centre. "

(3) After that paragraph insert--

" (1A) In the case of a child who has attained the age of 15 but has not attained the age of 17 the court shall make an order committing him to a young offenders centre (and not an order committing him to a juvenile justice centre) if it considers that he is likely to injure himself or another person.

(1B) In the case of a child--

(a) who has attained the age of 17 but who, at the time of the court's first decision in respect of the offence in question not to release him on bail, has not attained the age of 17 years and six months; and

(b) who has not had a custodial sentence imposed on him within the last two years,

the court shall make an order committing him to a juvenile justice centre (and not an order committing him to a young offenders centre) if, after considering a report made by a probation officer, it considers that it is in his best interests to make such an order.

(1C) An order under this Article shall commit the child for the period for which he is remanded or until he is brought back before the court. "

70 In Article 30(3) (powers of youth court when child becomes adult)--

(a) after "a community order" insert ", a youth conference order", and

(b) after "the community order" (in both places) insert "or youth conference order".

71 In Article 37(4) (requirements of attendance centre orders), for the words from "be such" to the end substitute ", so far as practicable, be such as to avoid any conflict with the child's religious beliefs and any interference with the times, if any, at which he normally works or attends a school or other educational establishment."

72 In Article 39(1) (juvenile justice centre orders)--

(a) after "a child" insert "who has attained the age of 14", and

(b) for "to which Article 45(1) applies" substitute "the sentence for which is, in the case of an adult, fixed by law as imprisonment for life".

73 (1) Article 41 (breach of supervision requirements of juvenile justice centre order) is amended as follows.

(2) In paragraph (2)--

(a) for "in any of" substitute "in either of",

(b) for sub-paragraph (a) substitute--

" (a) it may impose on him a fine not exceeding £1,000; " , and

" (i) in a juvenile justice centre if he has not attained the age of 17 or falls within paragraph (2A); or

(ii) in a young offenders centre in any other case. "

(3) After that paragraph insert--

" (2A) The offender falls within this paragraph if he--

(a) has attained the age of 17;

(b) has not attained the age of 18 and will not attain that age within the next 30 days; and

(c) has not had a custodial sentence (other than the juvenile justice centre order in question) imposed on him within the last two years,

and the court, after considering a report made by a probation officer, considers that it is in his best interests to order him to be detained in a juvenile justice centre (and not in a young offenders centre).

(2B) Where the court imposes a fine on the offender under paragraph (2)(a)--

(a) if he has not attained the age of 16, it shall order that the fine be paid by the parent or guardian of the child instead of by the child, unless it is satisfied that there is good reason for not so doing; and

(b) if he has attained that age but has not attained the age of 18, it may so order.

(2C) A fine ordered under paragraph (2B) to be paid by a parent or guardian may be recovered from him by distress, or he may be imprisoned in default of payment, in like manner as if the order had been made on the conviction of the parent or guardian of the offence for which the juvenile justice centre order was made.

(2D) A parent or guardian may appeal to a county court against an order under paragraph (2B). "

74 In Article 44(1) (effect of subsequent conviction where juvenile justice centre order in effect), after "an offence" insert "and the court imposes a custodial sentence on the child for the offence".

75 In Article 56(5)(a) (power to provide for functions of Juvenile Justice Board to include power to make schemes for children subject to attendance centre orders or juvenile justice centre orders), after "subject to" insert "reparation orders, community responsibility orders, a youth conference plan,".

Northern Ireland Act 2000 (c. 1)

76 The Northern Ireland Act 2000 has effect subject to the following amendments.

77 In section 1(4) (effect on offices of suspension of devolved government), after "junior Minister," insert "as Attorney General for Northern Ireland".

78 In section 3 (restoration of devolved government), insert at the end--

" (8) If the period of appointment of the person who held office as Attorney General for Northern Ireland immediately before the date on which section 1 came into force has not expired, he resumes office on the effective date. "

79 In the Schedule (provisions applicable during suspension of devolved government), after paragraph 5 insert--

" 5A If the office of Attorney General is vacant at the time when section 1 comes into force, or becomes vacant at any time while that section is in force, no steps are to be taken to fill the vacancy while that section is in force; but if a restoration order is subsequently made, the vacancy is to be filled in accordance with section 22 of the Justice (Northern Ireland) Act 2002. "

Terrorism Act 2000 (c. 11)

80 In paragraph 39(4)(b) and (6)(b) of Schedule 4 to the Terrorism Act 2000 (compensation where restraint order is discharged), for "member of the Office of the Director of Public Prosecutions for Northern Ireland" substitute "member of staff of the Public Prosecution Service for Northern Ireland".

Regulatory Reform Act 2001 (c. 6)

81 In section 5(1)(c) of the Regulatory Reform Act 2001 (consultation with Law Commission or Scottish Law Commission before making of order under section 1), for "or the Scottish Law Commission" substitute ", the Scottish Law Commission or the Northern Ireland Law Commission".

Section 86

SCHEDULE 13 Repeals and revocations

Short title and chapter or title and number	Extent of repeal or revocation
Promissory Oaths Act 1868 (c. 72)	Section 4. Section 6. In the Schedule, in the Second Part, the entry relating to Ireland.
Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))	Section 19.
Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))	In section 42(4), in the definition of "committed for trial", the words ", justice of the peace".
Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.))	Section 2(2).
County Courts Act (Northern Ireland) 1959 (c. 25 (N.I.))	Section 105(1), (1A) and (3). In section 107(7), the words ", except a resident magistrate,". Section 136(a).
Magistrates' Courts Act (Northern Ireland) 1964 (c. 21 (N.I.))	In section 1(3), in the definition of "resident magistrate", the words "or a temporary resident magistrate appointed under any enactment repealed by this Act". Section 7. Section 9(2). In section 10(1), the words ", or have previously been,". Section 11. In section 12A(1), the words "other than a resident magistrate".
Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))	In section 2, in subsection (1), the words "Subject to subsections (4) and (4A)," and subsections (4) and (4A).
Law Commissions Act 1965 (c. 22)	Section 1(5).
Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))	Section 178(3). In Schedule 2, paragraphs 1, 2, 2A, 3(2), 6 and 8(a).
Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.))	In section 2(2), paragraph (f) and the word "or" before it and the words "or paragraph (f)".
Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1))	The whole Order.
Northern Ireland Constitution Act 1973 (c. 36)	Section 10(1). Section 34.
Northern Ireland (Modification of Enactments -No. 1) Order 1973 (S.I. 1973/2163)	In Schedule 2, the entry for the Lands Tribunal and Compensation Act (Northern Ireland) 1964. In Schedule 5, paragraph 50(a).
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 1 of Schedule 1, the words "the Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1935 or".
Energy Act 1976 (c. 76)	In Schedule 2, in paragraph 6(4), the words following paragraph (b).
Internationally Protected Persons Act 1978 (c. 17)	In section 2(1), the words following paragraph (b).
Judicature (Northern Ireland) Act 1978 (c. 23)	In section 2(1), the words "who shall be president thereof". In section 3(1), the words "who shall be president thereof". In section 4(1), the words "who shall be president thereof". Section 13. In section 51(5), the words "or a justice of the peace" and the words "or justices". In section 51A(6), the words "or (f)". Section 71(1), (2) and (4). Section 75(3). Section 99(1). In section 119(5), the words "on the Lord Chancellor". In Schedule 2, the entry relating to the Lord Chief Justice's Office. In Schedule 3, the entries relating to the Principal Secretary to the Lord Chief Justice and the Legal Secretary to the Lord Chief Justice and column 2 of the other entries. In Schedule 5, the entries relating to sections 2(1), 2(2) and 3, 2(3) and 6(2) of the Coroners Act (Northern Ireland) 1959, section 105 of the County Courts Act (Northern Ireland) 1959 and sections 7 and 11 of the Magistrates' Courts Act (Northern Ireland) 1964, in the entry relating to section 10(1) of that Act, the words "for the word "Governor" wherever it occurs substitute the words "Lord Chancellor" and" and the entries relating to section 2 of the Lands Tribunal and Compensation Act (Northern Ireland) 1964, section 21(2) of the Treatment of Offenders Act (Northern Ireland) 1968, section 178 of, and paragraphs 1(1) and 3(2) and paragraphs 1(2), (3) and (4), 2(2) and 6 of Schedule 2 to, the Children and Young Persons Act (Northern Ireland) 1968 and the Prosecution of Offences (Northern Ireland) Order 1972.
Suppression of Terrorism Act 1978 (c. 26)	In section 4(4), the words following paragraph (b).
Interpretation Act 1978 (c. 30)	In Schedule 1, in the definition of "committed for trial", in paragraph (b), the words ", justice of the peace".
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S. I. 1978/1908 (N.I. 27))	Article 6(6)(c).
County Courts (Northern Ireland) Order 1980 (S.I. 1980/397 (N.I. 3))	In Article 2(5), the words "on the Lord Chancellor".
Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))	In Part 2 of Schedule 1, paragraphs 65 to 68.
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8))	In Article 4(2), the word "or" following sub-paragraph (a). Article 10(6). In Article 34, the words "within the meaning of the Criminal Justice (Children) (Northern Ireland) Order 1998". In Part 1 of Schedule 1, paragraph 5.
Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))	In Article 2(3), in the definition of "resident magistrate", the words "or a temporary resident magistrate appointed under any enactment repealed by that Act of 1964". In Article 18, paragraph (3) and, in paragraph (4)(a), the words "or other justice of the peace" and the words "or, as the case may be, paragraph (3),". In Article 34, in paragraphs (3) and (4), the words "or other justice of the peace" and, in paragraph (5), the words "or justice of the peace". Article 44(5). Article 90(4). In Article 152, the words "or other justice of the peace having jurisdiction in the same petty sessions district as the court which made the original order". In Article 158A(3), the words "or another justice of the peace (as the case may be)". In Article 168, the words "on the Lord Chancellor". In Schedule 1, in paragraph 4, the words "and section 6(2A)" and Part 2.
Civil Aviation Act 1982 (c. 16)	In section 92, in subsection (2), the words following paragraph (b) and subsection (6).
Administration of Justice Act 1982 (c. 53)	Section 72(2). In Schedule 8, paragraph 2.
Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10))	Article 14. In Article 15(1), sub-paragraph (b) and the word "and" before it.
Criminal Justice Act 1987 (c. 38)	In Schedule 1, paragraph 5(2). In Schedule 2, paragraph 6.
Courts and Legal Services Act 1990 (c. 41)	Section 109(4).
Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7))	In Article 8(5), paragraph (b) and the word "and" before it.
Criminal Justice (Northern Ireland) Order 1991 (S.I. 1991/1711 (N.I. 16))	Article 7(3).
Social Security Administration (Northern Ireland) Act 1992 (c. 8)	In Schedule 2, paragraph 1(4).
Radioactive Substances Act 1993 (c. 12)	Section 38(3).
Criminal Procedure and Investigations Act 1996 (c. 25)	In section 1 (as it applies to Northern Ireland), in subsection (2)(e), the words "or (f)". In section 39 (as it applies to Northern Ireland), in subsection (2)(a), the words "or (f)". In Schedule 3 (as it applies to Northern Ireland), in paragraph 8(1)(b), the words "or (f)".
Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))	Article 22(4)(a).
Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6))	In Schedule 2, the entry relating to members of juvenile court panels.
Police (Northern Ireland) Act 1998 (c. 32)	In section 58, in subsection (3), the words "under the Prosecution of Offences (Northern Ireland) Order 1972" and subsection (4).
Northern Ireland Act 1998 (c. 47)	In section 7(1), the word "and" after paragraph (b). In Schedule 2, in paragraph 11, the words "lay magistrates, justices of the peace, members of juvenile court panels,". In Schedule 10, in paragraph 6, the words "or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly", in paragraph 12, in sub-paragraph (1), the words "or defended" and, in sub-paragraph (2), the words "or the First Minister and the deputy First Minister acting jointly", in paragraph 14, the words "or, where such notice is given to the First Minister and the deputy First Minister, those Ministers acting jointly", in paragraph 22, in sub-paragraph (1), the words "or defended" and, in sub-paragraph (2), the words "or the First Minister and the deputy First Minister acting jointly", in paragraph 24, the words "or, where such intimation is given to the First Minister and the deputy First Minister, those Ministers acting jointly" and paragraph 36.
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))	Article 4. Article 54(3)(b). Article 55. In Schedule 5, paragraphs 14, 25, 26(b), 27, 28(a)(i) and (b) and 46(a).
Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))	Article 7(5). In Schedule 1, paragraph 1(3).
Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21))	Article 82(4).
Access to Justice Act 1999 (c. 22)	In section 98(3), paragraph (b) and the word "and" before it.
Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))	In Article 2(2), in the definition of "judge", the words "or justice of the peace".
Welfare Reform and Pensions Order 1999 (S.I. 1999/3147 (N.I. 11))	In Article 40(2), the word "or" at the end of sub-paragraph (f).
Freedom of Information Act 2000 (c. 36)	In Schedule 1, in Part 7, the entries relating to the Advisory Committee on Juvenile Court Lay Panel (Northern Ireland) and the Law Reform Advisory Committee for Northern Ireland.
Justice (Northern Ireland) Act 2002 (c. 26)	Section 9(10) and (13). In section 90(4), the words "9(4),". In Schedule 6, the entries relating to justices of the peace and members of panels formed under Schedule 2 to the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)).

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