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

(The document as of February, 2008)

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25 In section 6(5) of the Marine, &c., Broadcasting (Offences) Act 1967 (c. 41) (proceedings for offences under that Act), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

26 In section 1(3) of the Genocide Act 1969 (c. 12) (proceedings for genocide), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

27 In section 2(1) of the Biological Weapons Act 1974 (c. 6) (proceedings for offence of contravening section 1 of that Act), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

28 In section 11 of the Criminal Jurisdiction Act 1975 (c. 59) (proceedings for extra-territorial offences), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

29 In section 2(1) of the Internationally Protected Persons Act 1978 (c. 17) (proceedings for offence which is an offence by virtue only of section 1 of that Act), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

30 In section 3(1) of the Nuclear Material (Offences) Act 1983 (c. 18) (proceedings for offence which is an offence only by virtue of that Act), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

31 In section 135 of the Criminal Justice Act 1988 (c. 33) (proceedings for offence of torture), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

32 In section 9(1) of the Official Secrets Act 1989 (c. 6) (proceedings for offence under that Act), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

33 In Article 8(11) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 (S.I. 1990/1651) (as substituted by the Iraq and Kuwait (United Nations Sanctions) (Second Amendment) Order 1990 (S.I. 1990/2144)) (proceedings for offence under that Order), for "Attorney General for Northern Ireland or" substitute "Advocate General for Northern Ireland or the Attorney General for".

34 In section 31(1) of the Chemical Weapons Act 1996 (c. 6) (proceedings for offence under section 2 or 11 of that Act), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

35 In section 117(3)(b) of the Terrorism Act 2000 (c. 11) (proceedings for offence committed for purpose connected with affairs of country other than United Kingdom), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

36 In--

(a) section 55 (proceedings for offence under section 47 or 50), and

(b) section 81(1) (proceedings for offence under section 79 or 80),

of the Anti-terrorism, Crime and Security Act 2001 (c. 24), for "Attorney General for Northern Ireland" substitute "Advocate General for Northern Ireland".

37 Section 33 of this Act applies in relation to the giving of consent by the Advocate General for Northern Ireland as in relation to the giving of consent by the Director of Public Prosecutions for Northern Ireland.

Section 45

SCHEDULE 8 Chief Inspector of Criminal Justice

Chief Inspector's tenure

1 (1) Subject as follows, the Chief Inspector holds office in accordance with the terms of his appointment (or re-appointment).

(2) The Chief Inspector must not be appointed for more than five years at a time.

(3) The Chief Inspector may resign by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss the Chief Inspector if satisfied that--

(a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) he is otherwise unable or unfit to exercise his functions.

Salary etc. of Chief Inspector

2 (1) The Secretary of State must pay to or in respect of the Chief Inspector such--

(a) salary,

(b) allowances, and

as the Secretary of State determines.

(2) If a person who, by reference to any office or employment, is a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11) becomes the Chief Inspector, the Minister for the Civil Service may determine that (instead of payments being made to him under sub-paragraph (1)(c)) his service as Chief Inspector is to be treated for the purposes of the scheme as service in that office or employment.

Staff

3 (1) The Chief Inspector may employ staff, but subject to the approval of the Secretary of State as to--

(a) numbers,

(b) salary, and

(2) The Chief Inspector may make arrangements for securing the provision to him of such assistance by persons employed in--

(a) the civil service of the United Kingdom, or

(b) the civil service of Northern Ireland,

as he considers appropriate for or in connection with the exercise of his functions.

(3) Employment as a member of staff of the Chief Inspector is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of "Other Bodies" insert--

" Employment by the Chief Inspector of Criminal Justice in Northern Ireland. "

(4) The Chief Inspector must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Annual report

4 (1) The Chief Inspector must, as soon as possible after the end of each financial year, prepare a report on how he has exercised his functions during the financial year.

(2) The Chief Inspector must send a copy of each annual report to the Secretary of State who must--

(a) lay a copy of it before each House of Parliament, and

(b) arrange for it to be published.

(3) But the Secretary of State may exclude a part of an annual report from the copy so laid or published if, in his opinion, the laying or publication of the part--

(a) would be against the public interest, or

(b) might jeopardise the safety of any person.

(4) If the Secretary of State excludes a part of an annual report from laying or publication, he must lay or publish with the annual report a statement that it has been excluded.

(5) In this paragraph "financial year" means--

(a) the period beginning with the day on which section 45 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Financial provisions

5 The Secretary of State may make grants to the Chief Inspector.

6 (1) The Chief Inspector must--

(a) keep proper accounts and proper financial records, and

(b) prepare in respect of each financial year a statement of accounts.

(2) The statement of accounts must--

(a) contain such information, and

(b) be in such form,

as the Secretary of State directs.

(3) The Chief Inspector must send copies of the statement of accounts relating to a financial year to--

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year as the Secretary of State directs.

(4) The Comptroller and Auditor General must--

(a) examine, certify and report on the statement of accounts, and

(b) lay a copy of the statement of accounts and of his report on it before each House of Parliament.

(5) In this paragraph "financial year" has the same meaning as in paragraph 4.

Delegation of functions

7 (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to--

(a) any member of his staff,

(b) any person providing assistance by virtue of paragraph 3(2), or

(2) Those offices are--

(a) Her Majesty's Inspector of Constabulary,

(b) Her Majesty's Chief Inspector of Prisons, and

(3) The Secretary of State may by order amend sub-paragraph (2) by--

(a) adding an office,

(b) omitting an office, or

(4) If the carrying out of an inspection or review is delegated under this paragraph it is nevertheless to be regarded for the purposes of sections 46 to 49 as carried out by the Chief Inspector.

Inspections of Police Service

8 (1) Before an inspection of the Police Service of Northern Ireland or Police Service of Northern Ireland Reserve is carried out under section 46, the Chief Inspector must inform those of Her Majesty's Inspectors of Constabulary who have been appointed under section 41(1) of the Police (Northern Ireland) Act 1998 (c. 32) as inspectors of constabulary for Northern Ireland.

(2) If those inspectors notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must delegate its carrying out to them under paragraph 7.

(3) If those inspectors do not notify the Chief Inspector that they wish to carry out the inspection, the Chief Inspector must, before the inspection or review is carried out, consult the Secretary of State with a view to obtaining his approval of the inspection which it is proposed to carry out.

Miscellaneous

9 The Chief Inspector is a corporation sole.

10 (1) The Chief Inspector is not to be regarded--

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Chief Inspector's property is not to be regarded as property of, or held on behalf of, the Crown.

11 The Chief Inspector may do anything, apart from borrowing money, which he considers is--

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of his functions.

12 The application of the seal of the Chief Inspector is to be authenticated by the signature of the Chief Inspector or any member of his staff who has been authorised (whether generally or specially) for the purpose.

13 A document purporting to be--

(a) duly executed by the Chief Inspector under his seal, or

(b) signed on his behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

14 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (disqualifying offices), insert (at the appropriate place in alphabetical order)--

" Chief Inspector of Criminal Justice in Northern Ireland. "

15 In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (disqualifying offices), insert (at the appropriate place in alphabetical order)--

" Chief Inspector of Criminal Justice in Northern Ireland. "

Freedom of information

16 In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)--

" The Chief Inspector of Criminal Justice in Northern Ireland. "

Section 50

SCHEDULE 9 Law Commission

Commissioners' tenure

1 (1) Subject as follows, a Commissioner holds office for the period specified in his appointment (or re-appointment).

(2) A person may not be appointed as a Commissioner for more than five years at a time.

(3) A Commissioner may resign by notice in writing to the Secretary of State.

(4) The Secretary of State may dismiss a Commissioner if satisfied that--

(a) he has without reasonable excuse failed to exercise his functions for a continuous period of three months beginning not earlier than six months before the day of dismissal,

(b) he has been convicted of a criminal offence,

(c) a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors, or

(d) he is otherwise unable or unfit to exercise his functions.

Commissioners holding judicial office

2 (1) A person who holds judicial office may be appointed as a Commissioner without relinquishing that office.

(2) But he is not, unless the terms of his appointment provide otherwise, required to perform the duties of his judicial office while he is a Commissioner.

Salary etc. of Commissioners not holding full-time judicial office

3 (1) The Commission must pay to or in respect of each Commissioner, other than a Commissioner who holds a full-time judicial office, any such--

(a) salary,

(b) allowances,

(d) sums for the provision of pensions,

as the Secretary of State may determine.

(2) If a person who, by reference to any office or employment, is a participant in a scheme under section 1 of the Superannuation Act 1972 (c. 11) becomes a Commissioner, the Minister for the Civil Service may determine that (instead of payments being made to him under sub-paragraph (1)(d)) his service as Commissioner is to be treated for the purposes of the scheme as service in that office or employment.

(3) The Commission must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Staff

4 (1) The Commission may employ staff, but subject to the approval of the Secretary of State as to--

(a) numbers,

(b) salary, and

(2) The Commission may make arrangements for securing the provision to it of such assistance by persons employed in--

(a) the civil service of the United Kingdom,

(b) the civil service of Northern Ireland, or

as it considers appropriate for or in connection with the exercise of its functions.

(3) Employment as a member of staff of the Commission is among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply; and, accordingly, in Schedule 1 to that Act (employments etc. to which section 1 can apply), at the appropriate place in the list of "Royal Commissions and other Commissions" insert--

" Northern Ireland Law Commission. "

(4) The Commission must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Financial provisions

5 The Secretary of State may make grants to the Commission.

6 (1) The Commission must--

(a) keep proper accounts and proper financial records, and

(b) prepare in respect of each financial year a statement of accounts.

(2) The statement of accounts must--

(a) contain such information, and

(b) be in such form,

as the Secretary of State directs.

(3) The Commission must send copies of the statement of accounts relating to a financial year to--

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year as the Secretary of State directs.

(4) The Comptroller and Auditor General must--

(a) examine, certify and report on the statement of accounts, and

(b) lay a copy of the statement of accounts and of his report on it before each House of Parliament.

(5) In this paragraph "financial year" means--

(a) the period beginning with the day on which section 50 comes into force and ending with the first 31st March which falls at least six months after that day, and

(b) each subsequent period of twelve months beginning with 1st April.

Miscellaneous

7 The exercise by the Commission of its functions is not affected by--

(a) any vacancy among the Commissioners, or

(b) any defect in the appointment of a Commissioner.

8 (1) The Commission is not to be regarded--

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Commission's property is not to be regarded as property of, or held on behalf of, the Crown.

9 The Commission may do anything, apart from borrowing money, which it considers is--

(a) appropriate for facilitating, or

(b) incidental or conducive to,

the exercise of its functions.

10 The application of the seal of the Commission is to be authenticated by the signature of any Commissioner or member of staff of the Commission who has been authorised (whether generally or specially) for the purpose.

11 Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Commission by any person who has been authorised (whether generally or specially) for the purpose.

12 A document purporting to be--

(a) duly executed by the Commission under its seal, or

(b) signed on its behalf,

is to be received in evidence and is, unless the contrary is proved, to be taken to be so executed or signed.

Disqualification

13 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)--

" The Northern Ireland Law Commission. "

14 In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified), insert (at the appropriate place in alphabetical order)--

" The Northern Ireland Law Commission. "

Freedom of information

15 In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities), insert (at the appropriate place in alphabetical order)--

" The Northern Ireland Law Commission. "

Section 62

SCHEDULE 10 Youth justice orders: enforcement etc.

The Schedule to be inserted after Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) ia as follows--

Articles 36D, 36I and 36K

" SCHEDULE 1A Breach, revocation and amendment of reparation orders, community responsibility orders and youth conference orders

Introductory

1 (1) In this Schedule "relevant order" means a reparation order, a community responsibility order or a youth conference order.

(2) In this Schedule "the appropriate court", in relation to a relevant order, means a youth court acting for the petty sessions district for the time being named in the order under Article 36D(1), 36I(1) or 36K(5).

(3) For the purposes of this Schedule a relevant order made on an appeal brought from a magistrates' court is to be treated as if made by the magistrates' court; and a relevant order made on appeal brought from the Crown Court or from the Court of Appeal is to be treated as if made by the Crown Court.

Breach of relevant order

2 (1) Paragraphs 3 and 4 make provision for dealing with an offender if, while a relevant order is in force in respect of him, it is proved to the satisfaction of the appropriate court, on the application of the responsible officer, that the offender has failed to comply with any requirement of the order.

(2) But nothing in those paragraphs prevents the appropriate court from making an order revoking, amending or extending the relevant order under paragraph 5 in such circumstances.

(3) In dealing with an offender under paragraph 3 or 4, a court must take into account the extent to which he has complied with the requirements of the relevant order.

(4) An offender who is required by a youth conference order to submit to treatment for a mental condition, or for a dependency on drugs or alcohol, is not to be treated for the purposes of paragraph 3 or 4 as having failed to comply with that requirement on the ground only that he has refused to undergo any treatment if, in the opinion of the court, his refusal was reasonable having regard to all the circumstances.

Order as punishment for breach

3 (1) The court may--

(a) in the case of a reparation order, make an attendance centre order in respect of the offender; or

(b) in the case of a community responsibility order or a youth conference order, make an attendance centre order or a community service order in respect of him.

(2) The court may make an order under sub-paragraph (1) whether or not it also makes an order revoking, amending or extending the relevant order under paragraph 5.

(3) Articles 37 and 38 of this Order have effect in relation to attendance centre orders under sub-paragraph (1), but as if the references in paragraph (1) of Article 37 to any court having (or, but for certain provisions, having) the power mentioned in that paragraph were to the appropriate court.

(4) Article 13(1), (4), (6), (7)(b) to (9) and (11) and Article 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) have effect in relation to community service orders under sub-paragraph (1)(b), but as if--

(a) the reference in paragraph (1) of Article 13 to a court by or before which a person is convicted of an offence punishable with imprisonment were to the appropriate court; and

(b) the reference in that paragraph to the age of a person when convicted were to his age when the appropriate court determines that he has failed to comply with any requirement in a community responsibility order or youth conference order.

(5) Article 13(2) of that Order has effect in relation to community service orders under sub-paragraph (1)(b), but as if for sub-paragraphs (a) and (b) there were substituted "not more than 60 hours".

(6) Schedule 2 to that Order has effect in relation to a community service order under sub-paragraph (1)(b), but as if references to the offence were to the failure to comply with the order in respect of which the community service order was made.

(7) Article 8(1) and (2) and Article 9 of that Order do not apply to any order under sub-paragraph (1).

Re-sentencing for breach

4 (1) Where the relevant order was made by a magistrates' court, the appropriate court may (instead of making an order under paragraph 3)--

(a) revoke the order (if it is still in force); and

(b) deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by the court.

(2) Where the relevant order was made by the Crown Court, the appropriate court may (instead of making an order under paragraph ) commit the offender to custody or release him on bail until he can be brought or appear before the Crown Court.

(3) Where the appropriate court deals with an offender under sub-paragraph (2), it must send to the Crown Court a certificate signed by a resident magistrate giving--

(a) particulars of the offender's failure to comply with the requirement in question; and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(4) Where it is proved to the satisfaction of the Crown Court that an offender brought or appearing before the court by virtue of sub-paragraph (2) has failed to comply with the requirement in question, the court may--

(a) revoke the order (if it is still in force); and

(b) deal with the offender, for the offence in respect of which it was made, in any way in which it could deal with him if he had just been found guilty of the offence by or before the court.

(5) In proceedings before the Crown Court under sub-paragraph (4) any question whether the offender has failed to comply with the requirements of the relevant order is to be determined by the Crown Court and not by the verdict of a jury.

(6) In dealing under this paragraph with an offender who has wilfully and persistently failed to comply with a requirement, the court may assume that he has refused to give his consent to a community sentence which has been proposed by the court and requires that consent or a youth conference order.

Revocation, amendment and extension of relevant order

5 (1) If, while a relevant order is in force in respect of an offender, it appears to the relevant court, on the application of the responsible officer or the offender, that it is appropriate to do so, the court may--

(a) make an order revoking the relevant order;

(b) make an order amending the relevant order; or

(2) In this paragraph "the relevant court" means--

(a) the appropriate court, if the relevant order was made by a magistrates' court; and

(b) the Crown Court, if the relevant order was made by the Crown Court.

(3) The relevant court may make an order under paragraph (c) of sub-paragraph (1) whether or not it also makes an order under paragraph (b) of that sub-paragraph.

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

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