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In force since 2024-11-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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(1) The Director may have the conduct of any extradition proceedings in Northern Ireland. (2) The Director may give to such persons as appear to him appropriate such advice as appears to him appropriate on matters relating to extradition proceedings, or proposed extradition proceedings, in Northern Ireland.
Propose a change(1) Where the Director has the conduct of proceedings in relation to an offence against a person, he may discontinue the proceedings (without the leave of any court) at any time before the person has appeared or been brought before a court in connection with the offence. (2) Where proceedings against a person in relation to an offence are discontinued under subsection (1), the Director must inform— (a) the person, and (b) any court before which the person has been required to appear in connection with the offence, that the proceedings have been discontinued. (3) Where proceedings against a person in relation to an offence are discontinued under subsection (1)— (a) if he is in detention in connection with the offence, he must be released unless his detention is justified otherwise than by reason of the offence, and (b) if he is subject to a requirement to appear before a court, or attend at a police station, in connection with the offence, the requirement ceases to have effect. (4) The discontinuance under subsection (1) of proceedings against a person in relation to an offence does not prevent the subsequent institution of proceedings against him in relation to the offence (or any other offence).
Propose a change(1) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence the Director, the Deputy Director or a Public Prosecutor in any decision as to whether to institute or continue criminal proceedings. (2) A person commits an offence if, with the intention of perverting the course of justice, he seeks to influence a barrister or solicitor to whom the Director has under section 36(2) assigned the institution or conduct of any criminal proceedings in any decision as to whether to institute or continue those proceedings. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months, or to both, and (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both. (4) Proceedings for an offence under this section shall not be instituted without the consent of the Director.
Propose a change(1) This section has effect in relation to every provision requiring the giving of consent by the Director (whether or not as an alternative to the consent of any other person) to the institution or conduct of criminal proceedings (“a consent provision”). (2) A consent provision is deemed to be complied with if the consent is produced to the court— (a) in the case of an indictable offence, at any time before the indictment is presented, or (b) in the case of an offence to be tried summarily, at any time before the plea of the accused person is taken. (3) For the purposes of a consent provision it is sufficient— (a) to describe the offence to which the consent relates in general terms, (b) to describe in ordinary language any property or place to which reference is made in the consent so as to identify with reasonable clarity that property or place in relation to the offence, and (c) to describe the accused person or any other person to whom reference is made in the consent in terms which are reasonably sufficient to enable him to be identified in relation to the offence, without necessarily stating his correct name, or his address or occupation. (4) A consent required by a consent provision may be amended at any time before the arraignment of the accused person, or before his plea is taken. (5) And if at any subsequent stage of a trial it appears to the court that the consent is defective, the court may afford the person giving the consent the opportunity of making such amendments as the court may think necessary if the court is satisfied that such amendments can be made without injustice to the accused person. (6) Any document purporting— (a) to be the consent of the Director or the Deputy Director to the institution or conduct of criminal proceedings, or criminal proceedings in any particular form, and (b) to be signed by the Director or Deputy Director, is admissible as prima facie evidence without further proof.
Propose a change(1) Part 7 of the Police (Northern Ireland) Act 1998 (c. 32) (Police Ombudsman for Northern Ireland) is amended as follows. (2) In section 50(1) (interpretation), after the definition of “complainant” insert— “the Director” means the Director of Public Prosecutions for Northern Ireland; . (3) In section 52 (complaints: receipt and initial classification), in subsections (1)(b), (6) and (7), after “Board” insert “ , the Director ”. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Where a person is committed for trial, the clerk of the court to which he is committed must send, or cause to be sent, to the Director without delay— (a) a copy of every complaint, deposition, examination, statement and recognisance connected with the charge, and (b) a copy of all other documents in his custody which are connected with the charge or, if it is not reasonably practicable to copy any of them, particulars of the documents which it is not reasonably practicable to copy. (2) Where a complaint has been made before a resident magistrate, a lay magistrate or a clerk of petty sessions, he must (whether or not proceedings have been taken on it) cause to be sent to the Director, on being requested by the Director to do so, copies of all documents in his custody which are connected with the complaint. (3) Where the circumstances of any death which has been, or is being, investigated by a coroner appear to the coroner to disclose that an offence may have been committed against the law of Northern Ireland or the law of any other country or territory, the coroner must as soon as practicable send to the Director a written report of the circumstances. (4) The Chief Constable of the Police Service of Northern Ireland must give to the Director information about offences alleged to have been committed against the law of Northern Ireland which are of any description specified by the Director. (5) The Chief Constable of the Police Service of Northern Ireland must, at the request of the Director, ascertain and give to the Director— (a) information about any matter appearing to the Director to need investigation on the ground that it may involve an offence committed against the law of Northern Ireland, and (b) information appearing to the Director to be necessary for the exercise of his functions.
Propose a change(1) The Director may delegate any of his powers (to such extent as he determines) to— (a) any Public Prosecutor, or (b) any other member of staff of the Public Prosecution Service for Northern Ireland. (2) The Director may at any time appoint a person who is not a member of staff of the Service but who is a barrister or solicitor in Northern Ireland to institute or take over the conduct of criminal proceedings or extradition proceedings assigned to him by the Director. (3) A person conducting proceedings assigned to him under subsection (2) has all the powers of a Public Prosecutor but must exercise them subject to any instructions given to him by a Public Prosecutor.
Propose a change(1) The Director must prepare a code of practice for— (a) Public Prosecutors, and (b) barristers and solicitors to whom the Director assigns the institution or conduct of criminal proceedings. (2) The code must include a code of ethics laying down standards of conduct and practice. (3) The code must also give guidance on general principles to be applied— (a) in determining, in any case, whether criminal proceedings should be instituted or, where criminal proceedings have been instituted, whether they should be discontinued, and (b) in determining, in any case, what charges should be preferred. (4) The Director may from time to time prepare a new code or make alterations to a code. (5) In preparing or making alterations to a code the Director must be guided by the general principles of the Guidelines on the Role of Prosecutors adopted at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana between 27th August and 7th September 1990. (5A) In preparing or making alterations to a code the Director must also have regard to any guidance for the time being in operation under section 8 of the Justice (Northern Ireland) Act 2004. (6) The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).
Propose a change(1) Section 75 (duty on public authorities to have regard to need to promote equality of opportunity and good relations between different groups) and section 76 (discrimination by public authorities) of the Northern Ireland Act 1998 (c. 47) are amended as follows. (2) In subsection (3) of section 75, after paragraph (cc) insert— (cd) the Director of Public Prosecutions for Northern Ireland; . (3) After subsection (4) of that section insert— (4A) The references in subsections (1) and (2) and Schedule 9 to the functions of the Director of Public Prosecutions for Northern Ireland do not include any of his functions relating to the prosecution of offences. (4) In subsection (7) of section 76, after paragraph (e) insert— (ea) the Director of Public Prosecutions for Northern Ireland; . (5) After that subsection insert— (8) This section does not apply to a decision of the Director of Public Prosecutions for Northern Ireland not to institute, or to discontinue, criminal proceedings or, where such a decision has been made, to any act done for the purpose of enabling the decision whether to institute or continue the proceedings to be made or for securing that the proceedings are discontinued. (9) No injunction may be granted in respect of a contravention of this section by the Director of Public Prosecutions for Northern Ireland unless the court is satisfied that it would not prejudice any decision to institute criminal proceedings or any criminal proceedings. (10) Where a party to proceedings for a contravention of this section applies for a stay of those proceedings on the ground of prejudice to a decision to institute criminal proceedings, or of prejudice to particular criminal proceedings, the court must grant the stay unless it is satisfied that continuance of the proceedings for the contravention would not result in the prejudice alleged.
Propose a change(1) The Director must, as soon as possible after the end of each financial year, prepare a report (an “annual report”) on how he has exercised his functions during the financial year. (2) The provisions of a code of practice for Public Prosecutors must be set out in the Director’s annual report for the financial year in which the code is issued; and any alterations to the code must be set out in his annual report for the financial year in which the alterations are made. (3) The Attorney General for Northern Ireland must arrange for each annual report of the Director to be published. (4) But the Attorney General for Northern Ireland may exclude a part of an annual report from the copy to be published if, in his opinion, the publication of the part— (a) would be against the public interest, or (b) might jeopardise the safety of any person. (5) If the Attorney General for Northern Ireland excludes a part of an annual report from publication, he must publish with the annual report a statement that it has been excluded. (6) “Financial year” means— (a) the period beginning with the day on which section 29 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.
Propose a change(1) This section applies for so long as the Attorney General for England and Wales is Attorney General for Northern Ireland. (2) The Director must exercise his functions under the superintendence of the Attorney General for Northern Ireland and is subject to any directions given by him; but a failure to comply with this subsection does not affect the validity of anything done by or on behalf of the Director. (3) The Attorney General for Northern Ireland may remove the Director or Deputy Director from office on the ground of misbehaviour or inability to perform the functions of the office.
Propose a change(1) This section and sections 42 and 43 apply once the Attorney General for Northern Ireland is a person appointed under section 22(2). (2) Any function of the Attorney General for Northern Ireland of consenting to the institution or conduct of criminal proceedings is transferred to the Director (but subject to Schedule 7). (3) The function of the Attorney General for Northern Ireland of entering a nolle prosequi is transferred to the Director. (4) The Attorney General for Northern Ireland may not present, or direct the presentation of, an indictment against a person charging him with an offence. (5) In section 36(9)(a) of the Criminal Justice Act 1988 (c. 33) (reference to Court of Appeal of unduly lenient sentences), for “Attorney General for Northern Ireland” substitute “ Director of Public Prosecutions for Northern Ireland ”. (6) In section 15 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (reference to Court of Appeal of point of law following acquittal on indictment), for “Attorney General for Northern Ireland” (in both places) substitute “ Director of Public Prosecutions for Northern Ireland ”.
Propose a change(1) The functions of the Director shall be exercised by him independently of any other person. (2) The Director must consult the Attorney General for Northern Ireland and the Advocate General for Northern Ireland— (a) before issuing or making alterations to a code under section 37, and (b) before preparing his annual report. (3) The Attorney General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Attorney General for Northern Ireland is accountable to the Assembly. (4) The Advocate General for Northern Ireland and the Director may (from time to time) consult each other on any matter for which the Advocate General for Northern Ireland is accountable to Parliament. (5) The Director must send a copy of each annual report prepared by him to— (a) the Attorney General for Northern Ireland, and (b) the Advocate General for Northern Ireland. (6) The Attorney General for Northern Ireland must lay before the Assembly a copy of each annual report received by him under subsection (5); and the Advocate General for Northern Ireland must lay before each House of Parliament a copy of each annual report so received by him. (7) If a part of an annual report is excluded from publication under section 39(4)— (a) the same exclusion is to be made from the copies which are laid under subsection (6), and (b) a statement that the part has been excluded is to be laid with those copies.
Propose a change(1) The Attorney General for Northern Ireland must consult the Advocate General for Northern Ireland before appointing a person to be Director or Deputy Director. (2) The Director or Deputy Director— (a) may be removed from office by the Attorney General for Northern Ireland if a tribunal convened under subsection (4) has reported to him recommending that the Director or Deputy Director be removed on the ground of misbehaviour or inability to perform the functions of the office, and (b) may be suspended from office by the Attorney General for Northern Ireland (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Attorney General for Northern Ireland that he be suspended. (3) If the Director or Deputy Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected). (4) A tribunal may be convened by the Attorney General for Northern Ireland after consulting the Advocate General for Northern Ireland. (5) A tribunal is to consist of— (a) a person who holds high judicial office, within the meaning of Part 3 of the Constitutional Reform Act 2005 and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and (b) a person who holds, or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session. (6) The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor after consultation with all of the following— (a) the President of the Supreme Court; (b) the Lord Chief Justice of England and Wales; (c) the Lord President of the Court of Session; (d) the Lord Chief Justice of Northern Ireland. (7) The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (5). (8) The procedure of a tribunal is to be determined by its chairman. (9) The Attorney General for Northern Ireland may pay to a member of a tribunal any such allowances or fees as he may determine.
Propose a change(1) For the purposes of this Part proceedings in relation to an offence are instituted— (a) where a summons is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), when the complaint for the offence is made under that Article, (b) where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article, (c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge, (d) where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court. (2) Where the application of subsection (1) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times. (3) Where proceedings are instituted on the making of a complaint under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), section 31(1) does not require the Director to do anything until the summons or warrant issued under that Article has been served or executed. (4) For the purposes of this Part references to the conduct of any proceedings include discontinuing the proceedings and the taking of any steps which may be taken in relation to the proceedings (including making representations on appeals or applications for judicial review or in bail applications). (5) For the purposes of this Part binding over proceedings shall be taken to be criminal proceedings. (6) “Binding over proceedings” means any proceedings instituted (whether by way of complaint under Article 127 of the Magistrates’ Courts (Northern Ireland) Order 1981 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognisance to keep the peace or to be of good behaviour. (7) For the purposes of this Part “extradition proceedings” means proceedings under the Extradition Act 2003.
Propose a change(1) There is to be an office of Chief Inspector of Criminal Justice in Northern Ireland. (2) The Department of Justice must appoint a person to be the Chief Inspector. (3) Schedule 8 makes further provision about the Chief Inspector.
Propose a change(1) The Chief Inspector must carry out inspections of the following organisations— (a) the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve, (aa) the National Crime Agency, (b) Forensic Science Northern Ireland, (c) the State Pathologist’s Department, (d) the Public Prosecution Service for Northern Ireland, (e) the Probation Board for Northern Ireland, (ea) the Parole Commissioners for Northern Ireland, (f) the Northern Ireland Prison Service, (g) the Youth Justice Agency; (h) any body or person . . . with whom the Department of Justice has made arrangements for the provision of juvenile justice centres or attendance centres, (ha) the Department of Justice insofar as it is concerned with the operation of the criminal courts, (hb) the Legal Services Agency Northern Ireland, (i) ... Health and Social Care Trusts, (j) the Central Investigation Service within the Department of Agriculture and Rural Development, (ja) the Veterinary Service Enforcement Branch within the Department of Agriculture and Rural Development, (k) the Child Maintenance and Enforcement Division, (l) the Department of Enterprise, Trade and Investment, (m) the Department of the Environment, (n) the Health and Safety Executive for Northern Ireland, (o) the Northern Ireland Tourist Board, (p) the Police Ombudsman for Northern Ireland, (q) the Royal Mail Group plc, . . . (r) the Northern Ireland Social Security Agency. (s) Belfast International Airport Limited, (t) Belfast Harbour Commissioners, and (u) Larne Harbour Limited. (2) But the Chief Inspector must not carry out inspections of an organisation if he is satisfied that the organisation is subject to adequate inspection by someone other than him. (3) An inspection of an organisation carried out by the Chief Inspector may cover any institution provided or managed by the organisation. (3A) An inspection of the National Crime Agency carried out by the Chief Inspector may cover only the exercise of functions of that Agency in Northern Ireland. (4) An inspection carried out by the Chief Inspector of an organisation providing juvenile justice centres or attendance centres (other than the Youth Justice Agency) may cover only activities relating to the juvenile justice centres or attendance centres. (5) An inspection carried out by the Chief Inspector of ... a Health and Social Services trust may cover only activities relating to the keeping of children in secure accommodation under custody care orders. (6) The Department of Justice may by order amend subsection (1) by— (a) adding any organisation having a role in the criminal justice system in Northern Ireland (apart from a court or tribunal), (b) omitting an organisation, or (c) altering the description of an organisation. (7) An order under subsection (6) may make appropriate consequential amendments in this section or in any other enactment or any instrument (whenever passed or made).
Propose a change(1) The Chief Inspector must from time to time, after consultation with the Department of Justice , the Advocate General for Northern Ireland ... and the Attorney General for Northern Ireland, prepare a programme specifying the inspections which he proposes to carry out under section 46. (1A) The Chief Inspector must consult the Secretary of State if— (a) he proposes to specify an inspection in a programme under subsection (1), and (b) it appears to him that the inspection would cover activities relating to national security. (1B) The Chief Inspector must consult the Secretary of State if the Chief Inspector proposes to specify an inspection programme under subsection (1) which includes an inspection of the National Crime Agency. (2) The Chief Inspector must send a copy of each programme prepared under subsection (1) to— (za) the Department of Justice, (a) the Secretary of State, (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the Attorney General for Northern Ireland. (3) The Department of Justice may require the Chief Inspector to carry out an inspection of an organisation specified in section 46. (4) The Department of Justice may require the Chief Inspector to carry out a review of any matter relating to the criminal justice system in Northern Ireland (apart from a matter relating to a court or tribunal). (4A) The Department of Justice must consult the Secretary of State before requiring the Chief Inspector to carry out an inspection under subsection (3) of the National Crime Agency. (5) The Department of Justice may not require the Chief Inspector to carry out an inspection or review under subsection (3) or (4) relating (wholly or partly) to the Public Prosecution Service for Northern Ireland without the consent of the Advocate General for Northern Ireland and the Attorney General for Northern Ireland. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The Chief Inspector may not— (a) carry out inspections or reviews of individual cases, or (b) carry out an inspection relating to activities of an organisation which do not concern the criminal justice system in Northern Ireland. (6A) The Chief Inspector may not inspect persons— (a) making judicial decisions, or (b) exercising judicial discretion. (7) The Department of Justice may require the Chief Inspector to provide advice in relation to an organisation specified in section 46.
Propose a change(1) A person involved in the carrying out of an inspection or review by the Chief Inspector may, on showing evidence of his authority (if required to do so), enter any premises at any reasonable hour for the purposes of the inspection or review. (2) Such a person may, for the purposes of the inspection or review, require— (a) that documents be produced in a form in which they can be taken away or be made available for inspection and copying, (b) that an explanation be given of any document produced or made available, or (c) that other information be provided. (3) A person commits an offence if— (a) he fails, without reasonable excuse, to comply with a requirement imposed on him by virtue of subsection (2), or (b) he intentionally obstructs a person involved in the carrying out of an inspection or review by the Chief Inspector. (4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) “Document” includes anything in which information is stored in electronic or any other form; and, in relation to anything containing information in electronic form, references to production or making available are to production or making available in a form in which the information is readily intelligible.
Propose a change(1) The Chief Inspector must report to the Department of Justice on each inspection and review carried out by the Chief Inspector. (1A) In this section “protected information” means information the inclusion of which in a report under subsection (1) would be against the public interest on the ground of national security. (1B) If it appears to the Secretary of State that— (a) the Chief Inspector is required to prepare a report in compliance with subsection (1), and (b) the report might contain (or once completed might contain) protected information, the Secretary of State may require the Chief Inspector to refer the report to the Secretary of State or, if the report is not completed when the requirement is imposed, to refer the report once it is completed. (1C) The Secretary of State must, within— (a) the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1B), or (b) such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information. (1D) If it appears to the Chief Inspector that a report in compliance with subsection (1) may contain protected information and the Chief Inspector has not been required to refer the report to the Secretary of State under subsection (1B), the Chief Inspector must refer the report to the Secretary of State. (1E) The Secretary of State must, within— (a) the period of 30 days after the date on which the Chief Inspector refers the report to the Secretary of State under subsection (1D), or (b) such longer period as may be agreed between the Secretary of State and the Department of Justice, notify the Chief Inspector whether, in the opinion of the Secretary of State, the report contains any protected information. (1F) Where the Secretary of State has required a report to be referred to him under subsection (1B), or the Chief Inspector is required to refer a report to the Secretary of State under subsection (1D), the Chief Inspector must not disclose the report to anyone apart from the Secretary of State, except— (a) in accordance with subsection (1G), (b) after being notified by the Secretary of State that, in the opinion of the Secretary of State, the report does not contain any protected information, or (c) after the period mentioned in subsection (1C) or (1E) has expired without any notification being given by the Secretary of State. (1G) Where the Secretary of State informs the Chief Inspector under subsection (1C) or (1E) that, in the opinion of the Secretary of State, a report contains protected information— (a) the Secretary of State may direct the Chief Inspector to exclude from the report any information that, in the opinion of the Secretary of State, is protected information; (b) the Chief Inspector must exclude that information from the report; (c) the Secretary of State must inform the Department of Justice that the Secretary of State has given a direction under paragraph (a); (d) the Secretary of State must, either before or as soon as practicable after the report is laid before the Northern Ireland Assembly under subsection (1I), lay before Parliament a statement that the Secretary of State has given a direction under paragraph (a). (1H) When the Chief Inspector sends a report to the Department of Justice under subsection (1) from which information has been excluded under subsection (1G), the Chief Inspector must at the same time send a copy of the report to the Secretary of State. (1I) Where a report is received by the Department of Justice under subsection (1), the Department must— (a) lay a copy of it before the Northern Ireland Assembly, and (b) arrange for it to be published. (1J) But the Department of Justice may exclude a part of a report from the copy so laid or published if, in the opinion of the Department, the laying or publication of the part— (a) would be against the public interest, or (b) might jeopardise the safety of any person. (1K) If the Department of Justice excludes a part of a report from laying or publication, the Department must lay or publish with the report a statement that it has been excluded. (1L) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsections (1I) and (1K) in relation to the laying of a copy of a report or a statement as it applies in relation to the laying of a statutory document under an enactment. (5) If a report relates (wholly or partly) to the Public Prosecution Service for Northern Ireland, the Chief Inspector must send a copy of it to the Advocate General for Northern Ireland and the Attorney General for Northern Ireland. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) There is to be a body corporate known as the Northern Ireland Law Commission. (2) The Commission is to consist of— (a) a chairman, and (b) four other Commissioners, appointed by the Department of Justice. (3) The chairman is to be a person who holds the office of judge of the High Court. (4) Of the other Commissioners— (a) one is to be a person appearing to the Department of Justice to be suitably qualified to be a Commissioner by experience as a barrister, (b) one is to be a person appearing to the Department of Justice to be suitably qualified to be a Commissioner by experience as a solicitor, (c) one is to be a person appearing to the Department of Justice to be suitably qualified to be a Commissioner by experience as a teacher of law in a university, and (d) the other is to be a person who does not hold (and has never held) judicial office and is not (and has never been) a barrister, solicitor or teacher of law in a university. (5) Before appointing a person to be a Commissioner the Department of Justice must consult— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the First Minister and deputy First Minister, and (c) the Attorney General for Northern Ireland. (6) In appointing persons to be Commissioners, the Department of Justice must so far as possible secure that the Commissioners (taken together) are representative of the community in Northern Ireland. (7) Schedule 9 makes further provision about the Commission.
Propose a change(1) The Commission must keep under review the law of Northern Ireland with a view to its systematic development and reform, including in particular by— (a) codification, (b) the elimination of anomalies, (c) the repeal of legislation which is no longer of practical utility, and (d) the reduction of the number of separate legislative provisions, and generally by simplifying and modernising it. (2) For that purpose the Commission must— (a) consider any proposals for the reform of the law of Northern Ireland made or referred to it, (b) prepare and submit to the Department of Justice (from time to time) programmes for the examination of different branches of that law with a view to reform, including recommendations as to the agency (whether itself or another body) by which any such examination should be carried out, (c) undertake, pursuant to any such recommendations approved by the Department of Justice, the examination of particular branches of that law and the formulation (by means of draft legislation or otherwise) of proposals for reform of those branches, (d) prepare (from time to time) at the request of the Department of Justice comprehensive programmes of consolidation and repeal of legislation, and undertake the preparation of draft legislation pursuant to any such programme approved by the Department of Justice, (e) provide advice and information— (i) to Northern Ireland departments, and (ii) with the consent of the Department of Justice, to departments of the Government of the United Kingdom and other authorities or bodies concerned with proposals for the reform or amendment of any branch of the law of Northern Ireland, and (f) obtain such information as to the legal systems of other countries as appears to the Commission likely to facilitate the performance of its other duties. (3) Before approving any programme prepared by the Commission, the Department of Justice must consult— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) the Attorney General for Northern Ireland. (3A) Before approving any programme prepared by the Commission that includes— (a) the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or (b) the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter, the Department of Justice must consult the Secretary of State. (3B) For the purposes of subsection (3A) “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998. (4) In performing its duties the Commission must consult— (a) the Law Commission, (b) the Scottish Law Commission, and (c) the Law Reform Commission of the Republic of Ireland. (5) The Commission must make an annual report on how it has performed its duties.
Propose a change(1) The Commission must send to the Department of Justice a copy of— (a) each programme prepared by the Commission and approved by the Department of Justice, (b) each set of proposals for reform formulated by the Commission pursuant to such a programme, and (c) each annual report of the Commission. (2) The Department of Justice must lay before the Northern Ireland Assembly a copy of each document received by it under subsection (1). (3) The Commission must send to the Secretary of State a copy of— (a) any programme prepared by the Commission and approved by the Department of Justice which includes— (i) the examination of any branch of law relating (in whole or in part) to a reserved matter or an excepted matter, or (ii) the consolidation or repeal of legislation relating (in whole or in part) to a reserved matter or an excepted matter, (b) any set of proposals for reform formulated by the Commission pursuant to an approved programme which relate (in whole or in part) to a reserved matter or an excepted matter, and (c) any annual report of the Commission which contains anything relevant to a reserved matter or an excepted matter. (4) The Secretary of State must lay before each House of Parliament a copy of each document received by the Secretary of State under subsection (3). (5) After a copy of a document has been— (a) laid before the Assembly in accordance with subsection (2), and (b) if so required by subsection (4), laid before Parliament in accordance with that subsection, the Commission must arrange for the document to be published. (6) In this section “reserved matter” and “excepted matter” have the meanings given by section 4 of the Northern Ireland Act 1998. (7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (2) in relation to the laying of a copy of a document as it applies in relation to the laying of a statutory document under an enactment.
Propose a change(1) The principal aim of the youth justice system is to protect the public by preventing offending by children. (2) All persons and bodies exercising functions in relation to the youth justice system must have regard to that principal aim in exercising their functions, with a view (in particular) to encouraging children to recognise the effects of crime and to take responsibility for their actions. (3) But all such persons and bodies must also— (a) have the best interests of children as a primary consideration; and (b) have regard to the welfare of children affected by the exercise of their functions (and to the general principle that any delay in dealing with children is likely to prejudice their welfare), with a view (in particular) to furthering their personal, social and educational development. (4) “Youth justice system” means the system of criminal justice in so far as it relates to children. (5) “Offending” includes re-offending. (6) “Children” means persons who are under the age of 18.
Propose a changeAfter Article 36 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert— Reparation orders Reparation orders 36A (1) Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a reparation order. (2) A reparation order is an order requiring the offender to make such reparation for the offence, otherwise than by the payment of compensation, as is specified in the order— (a) to a person or persons so specified; or (b) to the community at large. (3) Any person so specified must be a person identified by the court as— (a) a victim of the offence; or (b) a person otherwise affected by it. (4) Before making a reparation order, the court must obtain and consider a written report by— (a) a probation officer; (b) a social worker of the appropriate authority; or (c) such other person as the Secretary of State may designate. (5) The report must indicate— (a) the type of requirements that it would be appropriate to impose on the offender; and (b) the attitude of the victim or victims of the offence to the requirements proposed to be included in the order. Restrictions on reparation orders 36B (1) The court must not make a reparation order in respect of the offender unless he consents. (2) The court must not make a reparation order in respect of the offender if it proposes— (a) to pass on him a custodial sentence; or (b) to make in respect of him a community service order, a community responsibility order or a combination order. (3) The court must not make a reparation order unless— (a) it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36D(1); and (b) the notice has not been withdrawn. (4) Before making a reparation order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion. (5) It must also explain to the offender in ordinary language— (a) why it is making the order; (b) the effect of the order and of the requirements proposed to be included in it; (c) the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and (d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer. Requirements of reparation orders 36C (1) A reparation order must not require the offender— (a) to make reparation for more than 24 hours; or (b) to make reparation to any person without the consent of that person. (2) Requirements specified in a reparation order must, as far as practicable, be such as to avoid— (a) any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and (b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment. (3) The reparation required by a reparation order must be made— (a) under the supervision of the responsible officer; and (b) within the period of six months beginning with the date on which the order is made. (4) But, unless revoked, the order remains in force until the offender has made the reparation required by the order. (5) The Secretary of State may make rules for regulating the making of reparation by persons subject to reparation orders. (6) Such rules may, in particular, make provision— (a) regulating the functions of responsible officers; (b) limiting the number of hours of making reparation on any one day; (c) as to the reckoning of hours spent in complying with the requirements imposed by a reparation order; (d) as to the keeping of records of such hours; and (e) for the payment of travelling and other expenses incurred in connection with complying with such requirements. (7) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules. Supplementary provisions about reparation orders 36D (1) A reparation order must name the petty sessions district in which it appears to— (a) the court making the order; or (b) the court amending under Schedule 1A any provision included in the order, that the offender resides or will reside. (2) In this Order “responsible officer”, in relation to an offender subject to a reparation order, means one of the following who is specified in the order— (a) a probation officer; (b) a social worker of the appropriate authority; and (c) such other person as the Secretary of State may designate. (3) Where a reparation order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order. (4) The court by which a reparation order is made must immediately give copies of the order to— (a) the offender subject to the order; (b) his parent or guardian; and (c) the responsible officer. (5) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified— (a) a copy of the order; and (b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order. (6) A magistrates’ court must cause a reason stated by it under Article 36B(4) or (5)(a) to be entered in the Order Book. (7) The Secretary of State may pay any expenses of a person designated by him which are incurred under Article 36A or in performing any functions as the responsible officer of an offender subject to a reparation order. (8) Schedule 1A (which makes provision for dealing with failures to comply with reparation orders and for their revocation and amendment) shall have effect.
Propose a changeAfter Article 36D of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 54 of this Act) insert— Community responsibility orders Community responsibility orders 36E (1) Where a child is found guilty by or before any court of an offence, other than an offence the sentence for which is (in the case of an adult) fixed by law as imprisonment for life, the court (subject to Article 32(1)) may make a community responsibility order. (2) A community responsibility order is an order requiring the offender— (a) to attend at a place specified in the order for the number of hours so specified for relevant instruction in citizenship; and (b) to carry out for the number of hours specified in the order such practical activities as the responsible officer considers appropriate in the light of that instruction. (3) “Relevant instruction in citizenship”, in relation to an offender, means instruction dealing with— (a) citizenship (including, in particular, the responsibilities a person owes to the community); (b) the impact of crime on victims; and (c) any factors relating to the offender which may cause him to commit offences. (4) In this Order “responsible officer”, in relation to an offender subject to a community responsibility order, means one of the following who is specified in the order— (a) a probation officer; (b) a social worker of the appropriate authority; and (c) such other person as the Secretary of State may designate. (5) The number of hours specified under paragraph (2)(a) must be not less than one half of the aggregate number of hours specified in the order. (6) The aggregate number of hours specified in the order must be— (a) not less than 20; and (b) not more than 40. (7) Where a court makes community responsibility orders in respect of two or more offences of which the offender has been found guilty by or before the court, it may direct that the hours specified in any of those orders be— (a) concurrent with those specified in any other of those orders; or (b) additional to those so specified. (8) But the total number of hours which are not concurrent must not exceed the maximum specified in paragraph (6)(b). (9) The Secretary of State may by order amend paragraph (6)(a) or (b) (or both). (10) An order under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order. Restrictions on community responsibility orders 36F (1) The court must not make a community responsibility order in respect of the offender unless he consents. (2) The court must not make a community responsibility order in respect of the offender if it proposes to deal with him for the offence in any other way. (3) The court must not make a community responsibility order unless— (a) it has been given notice by the Secretary of State that arrangements for implementing such orders are available in the district proposed to be named in the order under Article 36I(1); and (b) the notice has not been withdrawn. (4) Before making a community responsibility order, the court must state in open court that it is of the opinion that Article 8(1) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (restrictions on imposing community sentences) applies and why it is of that opinion. (5) It must also explain to the offender in ordinary language— (a) why it is making the order; (b) the effect of the order and of the requirements proposed to be included in it; (c) the consequences which may follow under Schedule 1A if he fails to comply with any of those requirements; and (d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer. Requirements of community responsibility orders 36G (1) An offender in respect of whom a community responsibility order is in force must— (a) attend the place specified in the order at such times as he may be instructed by the responsible officer; and (b) carry out such activities as he may be instructed by the responsible officer to carry out at such times as he may be so instructed to carry them out. (2) Such an offender must— (a) keep in touch with the responsible officer in accordance with such instructions as he may be given by that officer; and (b) give notice to him of any change of address. (3) The instructions given by the responsible officer must, as far as practicable, be such as to avoid— (a) any conflict with the offender’s religious beliefs or with the requirements of any order to which he may be subject; and (b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment. (4) The obligations imposed by a community responsibility order must be performed within the period of six months beginning with the date on which the order is made. (5) But, unless revoked, the order remains in force until the offender has performed the obligations contained in the order. Rules relating to community responsibility orders 36H (1) The Secretary of State may make rules for regulating— (a) the attendance by persons subject to community responsibility orders at places for the purposes of those orders; and (b) the carrying out by such persons of practical activities for those purposes. (2) Such rules may, in particular, make provision— (a) regulating the functions of responsible officers; (b) limiting the number of hours of attendance or of carrying out activities on any one day; (c) as to the reckoning of hours spent in complying with the requirements imposed by a community responsibility order; (d) as to the keeping of records of such hours; and (e) for the payment of travelling and other expenses incurred in connection with complying with such requirements. (3) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules. Supplementary provisions about community responsibility orders 36I (1) A community responsibility order must name the petty sessions district in which it appears to— (a) the court making the order; or (b) the court amending under Schedule 1A any provision included in the order, that the offender resides or will reside. (2) Where a community responsibility order specifies as the responsible officer a probation officer, the officer must be an officer appointed for or assigned to the petty sessions district named in the order. (3) The court by which a community responsibility order is made must immediately give copies of the order to— (a) the offender subject to the order; (b) his parent or guardian; and (c) the responsible officer. (4) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified— (a) a copy of the order; and (b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order. (5) A magistrates’ court must cause a reason stated by it under Article 36F(4) or (5)(a) to be entered in the Order Book. (6) The Secretary of State may pay any expenses of a person designated by him which are incurred in performing any functions as the responsible officer of an offender subject to a community responsibility order. (7) Schedule 1A (which makes provision for dealing with failures to comply with community responsibility orders and for their revocation and amendment) shall have effect.
Propose a changeAfter Article 3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert— Youth conferences 3A (1) In this Order “youth conference”, in relation to a child and an offence, means a meeting, or series of meetings, for considering how the child ought to be dealt with for the offence. (2) A meeting does not constitute, or form part of, a youth conference unless the following persons participate in it— (a) a youth conference co-ordinator (as chairman); (b) the child; (c) a police officer; and (d) an appropriate adult. (3) The Secretary of State must designate persons employed in— (a) the civil service of the United Kingdom; or (b) the civil service of Northern Ireland, to be youth conference co-ordinators. (4) Except where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995 (N.I. 2)), “appropriate adult” means a parent or guardian of the child or, if no parent or guardian of the child is able and willing to participate in the meeting— (a) a social worker of the appropriate authority or a legal representative of the child; or (b) if no-one within sub-paragraph (a) is able and willing to participate in the meeting, any responsible person who has attained the age of 18 and is neither a police officer nor a member of the police support staff. (5) Where the child is in the care of an authority (within the meaning of the Children (Northern Ireland) Order 1995), “appropriate adult” means a social worker of the authority. (6) The following persons are entitled to participate in any meeting constituting, or forming part of, a youth conference— (a) the victim of the offence or, if the victim is not an individual, an individual representing the victim; (b) a legal representative of the child acting as his adviser; and (c) if a community order or youth conference order is in force in respect of the child or the child is subject to supervision under a juvenile justice centre order or custody care order, the supervising officer. (7) The supervising officer is— (a) in the case of a probation order, the probation officer responsible for the child’s supervision under the order; (b) in the case of a community service order, the person who is the relevant officer for the purposes of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) ; (c) in the case of a combination order, either of the persons mentioned in sub-paragraphs (a) and (b); (d) in the case of an attendance centre order, the officer in charge of the attendance centre specified in the order; (e) in the case of a community responsibility order, reparation order or youth conference order, the responsible officer; or (f) in the case of a juvenile justice centre order or custody care order, the probation officer or person designated by the Secretary of State who is supervising the child. (8) A youth conference co-ordinator may allow other persons— (a) to participate in any meeting constituting, or forming part of, a youth conference; or (b) to attend any such meeting for any purpose specified by him, if he considers that their participation, or attendance for that purpose, would be of value. (9) Where a youth conference is convened with respect to a child and an offence, neither— (a) the fact that it has been convened; nor (b) anything said or done (or omitted to be said or done) in or in connection with any meeting constituting, or forming part of, the youth conference, is admissible in any criminal proceedings as evidence that the child committed the offence. Youth conference rules 3B (1) The Secretary of State may make rules about the procedure of youth conferences. (2) The rules may, in particular, make provision— (a) conferring or imposing functions on youth conference co-ordinators (which may include power to exclude from a meeting constituting, or forming part of, a youth conference persons otherwise entitled to participate in it by virtue of Article 3A(6)); and (b) about the period within which youth conferences must be completed and functions of youth conference co-ordinators must be performed. (3) Rules under this Article are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules. Youth conference plans 3C (1) In this Order “youth conference plan”, in relation to a child and an offence, is a proposal made by a youth conference co-ordinator (after a youth conference convened with respect to the child and the offence has been completed) that the child be required to do one or more of the following— (a) apologise to the victim of the offence or any person otherwise affected by it; (b) make reparation for the offence to the victim or any such person or to the community at large; (c) make a payment to the victim of the offence not exceeding the cost of replacing or repairing any property taken, destroyed or damaged by the child in committing the offence; (d) submit himself to the supervision of an adult; (e) perform unpaid work or service in or for the community; (f) participate in activities (such as activities designed to address offending behaviour, offering education or training or assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs); (g) submit himself to restrictions on his conduct or whereabouts (including remaining at a particular place for particular periods); and (h) submit himself to treatment for a mental condition or for a dependency on alcohol or drugs. (2) A youth conference plan may specify a requirement under paragraph (1)(e) only if the child has attained the age of 16. (3) A youth conference plan may specify requirements applying only in specified circumstances. (4) A youth conference plan must specify the period during which the child must comply with the requirements specified in it. (5) That period must not be more than one year. (6) A youth conference plan must specify the date on which (subject to Article 10D(2) or 36J(2)) the child must begin to comply with the requirements specified in it. (7) The fact that a child has been subject to a youth conference plan in respect of an offence may be cited in criminal proceedings in the same circumstances as a finding that the child committed the offence may be so cited. (8) The Secretary of State may make procedural rules about youth conference plans which may (in particular) include provision about the period within which functions of persons required to monitor compliance with youth conference plans must be performed. (9) Rules under paragraph (8) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules.
Propose a changeAfter Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert— Part 3A Diversionary Youth Conferences Diversionary youth conferences 10A (1) The Director may, where he considers it appropriate to do so, refer a case to a youth conference co-ordinator for him to convene a diversionary youth conference with respect to a child and an offence if— (a) the Director has the conduct of proceedings instituted against the child in respect of the offence (whether by him or any other person); or (b) he would (but for this Article) institute proceedings against the child in respect of the offence. (2) A diversionary youth conference is a youth conference convened with a view to the making to the Director by a youth conference co-ordinator of one of the following recommendations— (a) that no further action be taken against the child in respect of the offence; (b) that proceedings against the child in respect of the offence be continued or instituted; (c) that the child be subject to a youth conference plan in respect of the offence. (3) The Director must not make a reference under this Article unless the child— (a) admits to the Director that he has committed the offence; and (b) agrees with the Director that he will participate in a diversionary youth conference with respect to the offence. (4) The Director must not make a reference under this Article unless— (a) he has been given notice by the Secretary of State that provision for youth conferences has been made for the area in which it appears to him that the child resides or will reside; and (b) the notice has not been withdrawn. (5) If the Director makes a reference under this Article, proceedings against the child in respect of the offence may not be continued or instituted— (a) until he has received a report under Article 10C following the completion of the diversionary youth conference; or (b) if the diversionary youth conference is terminated before completion or does not take place, until he has received a report under Article 10B(1)(b). (6) If a recommendation under paragraph (2) is made to the Director, he must consider whether to accept or reject it. (7) If the Director accepts a recommendation made under paragraph (2)(c), proceedings against the child in respect of the offence may not be continued or instituted unless the child has failed to comply with the requirements specified in the youth conference plan to a significant extent. (8) In determining whether the child has failed to comply with the requirements specified in the youth conference plan to a significant extent the Director or a court must have regard to any report made by a youth conference co-ordinator under Article 10D with respect to the child and the youth conference plan. (9) References in this Article to proceedings being continued against a child do not include adjournment of the proceedings or remanding the child on bail (or in custody). (10) At any time after the Director makes a reference under this Article, he may require that, unless a court remands the child on bail (or in custody), it must adjourn any proceedings against the child in respect of the offence until such time (if any) as he continues the proceedings in accordance with this Article. (11) At any time after the Director makes a reference under this Article but before such time (if any) as he continues proceedings against the child for the offence, a court may in the absence of the child— (a) adjourn or further adjourn the proceedings; and (b) where the child has been remanded on bail, order the child to be remanded on bail for such further period as may be deemed reasonable (in which case any recognisance requiring or conditioned for the appearance of the child before the court shall be deemed to be varied so as to require his appearance at the time and place to which he is so remanded). References: supplementary 10B (1) If a child withdraws an admission or agreement made under Article 10A(3) before the diversionary youth conference is completed— (a) the diversionary youth conference is terminated (or, if not yet started, does not take place); and (b) a youth conference co-ordinator must make to the Director a written report stating that the child has withdrawn such an admission or agreement (and nothing else). (2) The fact that a child has made or withdrawn such an admission or agreement is not admissible in any criminal proceedings as evidence that he committed the offence. (3) If proceedings against a child in respect of an offence are continued or instituted by virtue of Article 10A(7), a court dealing with the child for the offence must have regard to anything done by the child in compliance with the requirements specified in the youth conference plan. (4) Where there is a limit on the time for instituting proceedings in respect of an offence with respect to which a reference is made under Article 10A, in calculating when that limit is reached there shall be disregarded the period— (a) beginning with the making of the reference; and (b) ending with the receipt by the Director of a report under paragraph (1)(b) or Article 10C or 10D in consequence of the reference or, if more than one such report is so received, with the receipt of the last of them. (5) For the purposes of Article 10A and this Article proceedings are instituted in respect of an offence— (a) where a summons is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 (N.I. 26), when the complaint for the offence is made under that Article; (b) where a warrant is issued for the arrest of any person under that Article, when the complaint for the offence is made under that Article; (c) where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge; and (d) where an indictment is presented under section 2 of the Grand Jury (Abolition) Act (Northern Ireland) 1969 (c. 15 (N.I.)) in a case falling within paragraph (c) or (e) of subsection (2) of that section, when the indictment is presented to the court. (6) Where the application of paragraph (5) would result in there being more than one time for the institution of the proceedings, they are to be taken to have been instituted at the earliest of those times. Recommendations: supplementary 10C (1) A youth conference co-ordinator may not make a recommendation under Article 10A(2)(c) unless— (a) the child agrees to be subject to the youth conference plan; (b) any person (other than the child) by whom any action falls to be taken under the youth conference plan agrees to take the action; and (c) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child. (2) If a youth conference co-ordinator makes a recommendation under Article 10A(2)(b), he may also recommend anything which he could recommend to a court under paragraph (5) of Article 33A if the case had been referred by the court for him to convene a youth conference under that Article (after a finding that the child was guilty of the offence). (3) A recommendation made to the Director by a youth conference co-ordinator under Article 10A(2) must be made in the form of a written report. (4) If the recommendation is made under Article 10A(2)(c), the report must include details of the youth conference plan. (5) If, after the completion of a diversionary youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 10A(2), he must make a written report of that fact to the Director. Plans: compliance and variation 10D (1) This Article applies when the Director has accepted a recommendation made under Article 10A(2)(c). (2) The date on which the child must begin to comply with the requirements specified in the youth conference plan is the date specified in the youth conference plan under Article 3C(6) or such other date as the Director may, with the consent of the youth conference co-ordinator, determine. (3) A youth conference co-ordinator, or other person, nominated by the Secretary of State must monitor compliance by the child with the requirements specified in the youth conference plan. (4) If, during the period specified in the youth conference plan, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan considers that the child has not been complying with them, he must make a written report to the Director. (5) The report must contain details of the respects in which he considers that the child has not been complying with the requirements. (6) When the period specified in the youth conference plan ends, the person required to monitor the child’s compliance with the requirements specified in the youth conference plan must make a written report to the Director. (7) The report must contain— (a) an assessment of the extent (if any) to which he considers that the child has complied with the requirements specified in the youth conference plan; and (b) such further information as he thinks may assist in the exercise of the functions of the Director with respect to the child and the offence concerned. (8) The person required to monitor the child’s compliance with the requirements specified in the youth conference plan may, with the consent of the Director, vary the youth conference plan. (9) But the youth conference plan may not be varied unless— (a) the child agrees to the variation; (b) if the variation relates to any action falling to be taken by any person (other than the child), that person agrees to the variation; and (c) if the variation relates to any action required to be taken by the child in relation to another person, that person agrees to the variation. (10) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions under this Article.
Propose a changeAfter Article 33 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert— Youth conferences Court-ordered youth conferences 33A (1) Subject to Articles 33B and 33C, a court must refer the case of a child who has been found guilty of an offence by or before the court to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence, unless the offence falls within paragraph (2). (2) The offences falling within this paragraph are— (a) offences the sentence for which is, in the case of an adult, fixed by law as imprisonment for life; (b) offences which are, in the case of an adult, triable only on indictment; and (c) offences which are scheduled offences for the purposes of Part 7 of the Terrorism Act 2000 (c. 11). (3) If a child has been found guilty by or before a court of an offence which— (a) falls within sub-paragraph (b) or (c) of paragraph (2); but (b) does not fall within sub-paragraph (a) of that paragraph, the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence. (4) Where a child— (a) is in breach of a community order or youth conference order and falls to be dealt with by a court for the offence in respect of which the order was made as if he had just been found guilty of the offence; or (b) appeals to a court against any sentence or order imposed on him in respect of an offence, the court may, where it considers it appropriate to do so, refer the case to a youth conference co-ordinator for him to convene a court-ordered youth conference with respect to the child and the offence. (5) A court-ordered youth conference is a youth conference convened with a view to the making to the court by a youth conference co-ordinator of one of the following recommendations— (a) that the court exercise its powers (apart from Article 36J) to deal with the child for the offence; (b) that the child be subject to a youth conference plan in respect of the offence; or (c) that the court exercise its powers to deal with the child for the offence by imposing a custodial sentence and that the child be subject to a youth conference plan in respect of the offence. (6) A court must not make a reference under this Article unless the child agrees that he will participate in a court-ordered youth conference with respect to the offence. (7) And if the child withdraws his agreement before the court-ordered youth conference is completed, the court-ordered youth conference is terminated (or, if not yet started, does not take place). (8) If a court makes a reference under this Article, the court may not deal with the child for the offence until the court has received a report under Article 33E(3) or (7) following the completion of the court-ordered youth conference (or the court-ordered youth conference is terminated before completion or does not take place). (9) If a recommendation is made to a court under paragraph (5), the court must consider it before dealing with the child for the offence. (10) The Secretary of State may by order amend paragraphs (1) to (3); and an order under this paragraph may include any incidental, consequential, transitional or supplementary provision (including the amendment, or repeal or revocation, of any statutory provision whenever passed or made, including any provision of this Order) which appears to the Secretary of State to be appropriate. (11) An order under paragraph (10) is subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such an order. Associated offences 33B (1) This Article applies where a child has been found guilty by or before a court of associated offences. (2) If one or more of the offences is an offence which falls within sub-paragraph (a) of paragraph (2) of Article 33A, the court must not make a reference under that Article with respect to any of the offences. (3) Subject to that, if— (a) one or more of the offences is an offence which falls within sub-paragraph (b) or (c) of that paragraph; but (b) the remaining offence, or (where more than one) each of the remaining offences, is not an offence which falls within either of those sub-paragraphs, the court is not required to make a reference under Article 33A with respect to any of the offences but may make such a reference with respect to any or all of them. References: supplementary 33C (1) A court must not make a reference under Article 33A unless— (a) the Secretary of State has given the clerk of the court notice that provision for youth conferences has been made for the area in which it appears to the court that the child resides or will reside, and (b) the notice has not been withdrawn. (2) Paragraph (1) of Article 33A does not require the court by or before which a child is found guilty of an offence to make a reference under that Article if— (a) a diversionary youth conference has been completed with respect to the child and the offence; and (b) the youth conference co-ordinator made a recommendation under Article 10A(2)(c) or 10C(2); but in such circumstances the court may make such a reference if it considers it appropriate to do so. (3) Where a court does not make a reference under Article 33A in reliance on paragraph (2), the recommendation made under Article 10A(2)(c) or 10C(2) is to be regarded as having been made to the court under Article 33A(5). (4) If a court does not refer a case to a youth conference co-ordinator where it has power to do so— (a) it must give its reasons in open court; and (b) if it is a magistrates’ court, it must cause the reason to be entered in the Order Book. (5) A court must not make a reference under Article 33A with respect to a child and an offence if it proposes to deal with the child for the offence by making an order discharging him absolutely or conditionally. (6) But if a child falls to be dealt with by a court for an offence under Article 5(6), (7) or (8) of the Criminal Justice (Northern Ireland) Order 1996 (N.I. 24) (offences committed during period of conditional discharge), Article 33A applies as if he had been found guilty of the offence by or before the court. (7) Where a court defers passing sentence on a child for an offence under Article 3 of the Criminal Justice (Northern Ireland) Order 1996, any duty imposed on the court by Article 33A(1) must be complied with before the passing of sentence. (8) Where the case of a child found guilty of an offence is remitted to a youth court under Article 32(1), the youth court (and not the court remitting the case) is to be treated for the purposes of the provisions about court-ordered youth conferences as the court by or before which the child is found guilty of the offence. Termination of youth conference 33D (1) This Article applies where a court has referred a case to a youth conference co-ordinator for him to convene a court-ordered youth conference. (2) The court may, on the application of a youth conference co-ordinator, order that the youth conference be terminated (or, if not yet started, is not to take place). (3) The court may so order only if satisfied that the court-ordered youth conference would serve no useful purpose. (4) Before making an application under paragraph (2), the youth conference co-ordinator must consult the other persons specified in Article 3A(2). Recommendations: supplementary 33E (1) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(b) unless— (a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and (b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child. (2) A youth conference co-ordinator may not make a recommendation under Article 33A(5)(c) unless— (a) any person, other than the child, by whom any action falls to be taken under the youth conference plan agrees to take the action; and (b) any person in relation to whom the child is required by the youth conference plan to take any action agrees to the taking of the action by the child. (3) A recommendation to the court by a youth conference co-ordinator under Article 33A(5) must be made in the form of a written report. (4) If the recommendation is made under Article 33A(5)(a), the report— (a) where recommending that the court should exercise its powers by imposing a custodial sentence, must not specify what sort of custodial sentence the court should impose or for what period; and (b) where recommending that the court should exercise its powers otherwise than by imposing a custodial sentence, may include details of how it is recommended that the court should exercise its powers. (5) If the recommendation is made under Article 33A(5)(b), the report must include details of the youth conference plan. (6) If the recommendation is made under Article 33A(5)(c), the report— (a) must not specify what sort of custodial sentence the court should impose or for what period; but (b) must include details of the youth conference plan. (7) If, after the completion of a court-ordered youth conference, a youth conference co-ordinator is unable to make any recommendation under Article 33A(5), he must make a written report of that fact to the court giving the reasons why he is unable to do so. (8) A report under this Article must be accompanied by copies of any reports obtained for the purposes of the court-ordered youth conference.
Propose a changeAfter Article 36I of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (inserted by section 55 of this Act) insert— Youth conference orders Youth conference orders 36J (1) Where a recommendation is made to a court under Article 33A(5)(b) or (c), the court may make a youth conference order in relation to the offender to whom the recommendation relates. (2) A youth conference order is an order requiring the offender— (a) to comply with the requirements specified in the youth conference plan; or (b) to comply with those requirements as varied by the order; and the order must specify as the date when the offender must begin so to comply either the date specified in the youth conference plan under Article 3C(6) or such other date as the court may, with the consent of the youth conference co-ordinator, determine. (3) A court must not make a youth conference order unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant it. (4) In forming any such opinion the court must take into account all information about the circumstances of the offence, or of the offence and the offence or offences associated with it, (including any aggravating or mitigating factors) which is available to it. (5) The court must not make a youth conference order unless the offender consents. (6) The court must not make a youth conference order under paragraph (2)(b) unless it has consulted the youth conference co-ordinator. (7) If the court does not make a youth conference order under paragraph (2)(a) in a case where it has power to do so, it must give its reasons in open court. (8) Where the court makes a youth conference order, it may not exercise any other power it has to deal with the offender for the offence. (9) But if the recommendation to the court was made under Article 33A(5)(c) the court may, if the offender consents, also impose any custodial sentence which the court has power to impose for the offence. Supplementary provisions about youth conference orders 36K (1) Before making a youth conference order, the court must state in open court that it is of the opinion that Article 36J(3) applies and why it is of that opinion. (2) Before making a youth conference order, the court must explain to the offender in ordinary language— (a) why it is making the order; (b) the effect of the order and of the requirements proposed to be included in it; (c) the consequences which may follow under Schedule 1A if he fails to comply with those requirements; and (d) that the court has power under that Schedule to review the order on the application either of the offender or of the responsible officer. (3) In this Order “responsible officer”, in relation to an offender subject to a youth conference order, means the youth conference co-ordinator, or other person designated by the Secretary of State, who is specified in the order. (4) If the court is a magistrates’ court, it must cause any reasons given under Article 36J(7) or paragraph (1) or (2)(a) to be entered in the Order Book. (5) A youth conference order must name the petty sessions district in which it appears to— (a) the court making the order; or (b) the court amending under Schedule 1A any provision included in the order, that the offender resides or will reside. (6) The court by which a youth conference order is made must immediately give copies of the order to— (a) the offender subject to the order; (b) his parent or guardian; and (c) the responsible officer. (7) Except where the court is itself a magistrates’ court acting for the petty sessions district specified in the order, the court must send to the clerk of petty sessions for the petty sessions district so specified— (a) a copy of the order; and (b) such documents and information relating to the case as it considers likely to be of assistance to a youth court acting for that district in exercising its functions in relation to the order. (8) Schedule 1A (which makes provision for dealing with failures to comply with youth conference orders and for their revocation and amendment) shall have effect. Monitoring compliance with youth conference orders 36L (1) The responsible officer must monitor compliance by the offender with the youth conference order. (2) The Secretary of State may make rules regulating the monitoring by the responsible officer of an offender subject to a youth conference order. (3) Rules under paragraph (2) are subject to annulment in pursuance of a resolution of either House of Parliament in the same manner as a statutory instrument; and, accordingly, section 5 of the Statutory Instruments Act 1946 (c. 36) applies to such rules. (4) The Secretary of State may pay the expenses incurred by a person who is not a youth conference co-ordinator in performing functions as the responsible officer.
Propose a change(1) The Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)) has effect subject to the following amendments. (2) After Article 28 insert— Free legal aid for diversionary youth conferences 28A (1) Where a diversionary youth conference has been, or is to be, convened with respect to a child, he may make an application for free legal aid to a magistrates’ court. (2) An application under paragraph (1) shall be made— (a) by a written statement in the prescribed form addressed to the clerk of petty sessions for a magistrates’ court; or (b) if an application under sub-paragraph (a) is refused, in person to a magistrates’ court. (3) If, on an application made under paragraph (1), it appears to the court that— (a) the means of the child are insufficient to enable him to obtain legal aid; and (b) it is desirable in the interests of justice that he should have free legal aid in preparing for and participating in the diversionary youth conference, the court may grant in respect of him a criminal aid certificate. (4) A person in respect of whom a criminal aid certificate has been granted under this Article shall be entitled to have— (a) a solicitor; and (b) subject to paragraph (5), counsel, assigned to him for that purpose in such manner as may be prescribed by rules made under Article 36. (5) Free legal aid given for the purposes of any diversionary youth conference shall not include representation by counsel except where— (a) the offence with respect to which the diversionary youth conference is convened is an indictable offence; and (b) the court is of the opinion that, because of circumstances which make the case unusually grave or difficult, representation by both solicitor and counsel would be desirable. (3) After Article 35 insert— Court-ordered youth conferences 35A (1) In this Part references to— (a) the preparation and conduct of a person’s defence before a court or at a trial; (b) the preparation and conduct of an appeal; and (c) resisting an appeal, include preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference). (2) In Article 29, as it applies by virtue of paragraph (5) of that Article, references to free legal aid to which a person appearing or brought before the Crown Court to be dealt with is entitled include free legal aid in the preparation for and participation in any court-ordered youth conference (but not any diversionary youth conference).
Propose a changeAfter Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) insert the Schedule set out in Schedule 10 to this Act which makes provision about the enforcement etc. of reparation orders, community responsibility orders and youth conference orders.
Propose a change(1) Schedule 11 makes amendments of enactments and instruments for extending the youth justice system to 17 year olds. (2) The Department of Justice may by order make provision amending any other enactments or instruments (whenever passed or made) for, or in connection with, extending the youth justice system to 17 year olds.
Propose a changeIn Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (juvenile justice centre orders for offences punishable in the case of an adult with imprisonment), after paragraph (3) insert— (3A) A court shall only make a juvenile justice centre order in the case of a child who has attained the age of 17 if— (a) he will not become an adult during the period of the order; (b) he has not had a custodial sentence imposed on him within the last two years; and (c) the court, after considering a report made by a probation officer, considers that it is in his best interests to make such an order.
Propose a change(1) The Royal Arms must not be displayed in any courtroom. (2) But subsection (1) does not prevent the display of the Royal Arms anywhere in— (a) the courtrooms in the Royal Courts of Justice in Belfast, (b) the courtrooms in the Courthouse in Armagh, (c) the courtroom in the Courthouse in Banbridge, (d) Court No. 1 in the Courthouse in Downpatrick, (e) the courtrooms in the Courthouse in Magherafelt, or (f) the courtrooms in the Courthouse in Omagh, where they were displayed immediately before the coming into force of this section. (3) The Royal Arms must not be displayed— (a) on the exterior of an existing court-house, or (b) in any other place outside an existing court-house which is used for the purposes of the court-house, unless they were displayed there immediately before the coming into force of this section. (4) “Existing court-house” means a court-house which is in use before the coming into force of this section. (5) Any authorisation which would be required for the purpose of complying with this section is to be regarded as having been obtained. (6) “Authorisation” includes any approval, consent, licence or permission (whether required by any enactment or instrument or otherwise).
Propose a change(1) In Article 3(1) of the Flags (Northern Ireland) Order 2000 (S.I. 2000/1347 (N.I. 3)) (power to make regulations about the flying of flags at government buildings), insert at the end “and court-houses”. (2) The Flags Regulations (Northern Ireland) 2000 (S.R. 2000 No. 347) (which were made in the exercise of that power) apply in relation to court-houses as they apply in relation to the government buildings specified in Part 1 of the Schedule to the Regulations (but subject to any amendment which may be made to the Regulations in the further exercise of that power).
Propose a change(1) The Department of Justice must make a victim information scheme and may from time to time make a new scheme or alterations to a scheme. (2) A victim information scheme is a scheme requiring the Department of Justice to make available information about the discharge or temporary release of persons serving sentences of imprisonment in Northern Ireland imposed in respect of the commission of offences (“imprisoned offenders”) to victims of the offences who wish to receive it. (3) A scheme— (a) must require that information as to the month in which it is anticipated that an imprisoned offender will be discharged is to be made available under the scheme, and (b) must require that, unless it is not reasonably practicable to do so, the fact that the temporary release of an imprisoned offender is being considered is to be made available under the scheme. (4) A scheme may require that other information relating to the discharge and temporary release of imprisoned offenders is to be made available under the scheme including, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that an imprisoned offender will be discharged or temporarily released. (5) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person who is not the actual victim of the offence but was directly affected by it is to be regarded for the purposes of the scheme as a victim of the offence (as well as any actual victim). (6) A scheme may provide that in circumstances of a description specified in the scheme, or in particular circumstances in which the Department of Justice considers it appropriate, a person other than the actual victim of an offence is to be regarded for the purposes of the scheme as a victim of the offence (instead of an actual victim). (7) A scheme must specify how victims are to indicate that they wish to receive information under the scheme. (8) The Department of Justice is not required to make information available under a scheme— (a) if the Department of Justice believes that to do so would adversely affect the well-being of the actual victim of an offence or a person who is regarded for the purposes of the scheme as being a victim of an offence by virtue of subsection (5), (b) if the Department of Justice believes that to do so would threaten the safety of any person, or (c) in other circumstances specified by the scheme. (9) A scheme may make different provision in relation to— (a) different descriptions of imprisoned offenders, or (b) imprisoned offenders convicted or sentenced at different times. (10) “Discharge” includes release— (a) on licence, or (b) in pursuance of a grant of remission, (whether or not subject to conditions); and “discharged” is to be construed accordingly.
Propose a change(1) If a person who is the victim of an offence for the purposes of a scheme under section 68 makes to the Department of Justice representations falling within subsection (2) the Department of Justice has the obligations specified in subsection (3). (2) Representations fall within this subsection if they are to the effect that the temporary release of a person serving a sentence of imprisonment in Northern Ireland imposed in respect of the commission of the offence would threaten the safety, or otherwise adversely affect the well-being, of— (a) the actual victim of the offence, or (b) a person who is regarded for the purposes of the scheme as a victim of the offence by virtue of section 68(5). (3) The Department of Justice must— (a) have regard to the representations in deciding whether the person should be temporarily released and, if so, any conditions to which he is to be subject, and (b) inform the victim of any such decision.
Propose a change(1) The Department of Justice must make a scheme requiring the Department of Justice to make available to persons falling within subsection (2) information about— (a) the discharge from hospital of, or (b) the grant of leave of absence from hospital to, persons in respect of whom relevant determinations have been made. (2) The persons referred to in subsection (1) are victims of the offences in respect of which the determinations were made who wish to receive the information. (3) A relevant determination is made in respect of a person if— (a) a hospital order with a restriction order is made in respect of him by a court dealing with him for an offence, or (b) a transfer direction and a restriction direction are given in respect of him while he is serving a sentence of imprisonment in respect of an offence. (4) The Department of Justice may from time to time make a new scheme or alterations to a scheme. (5) The information to be made available under a scheme must include information as to any relevant conditions to which a person in respect of whom a relevant determination has been made is to be subject in the event of— (a) his discharge from hospital, or (b) the grant of leave of absence from hospital to him. (6) A condition is relevant for the purposes of subsection (5) if it appears to the Department of Justice that it might affect a victim of an offence in respect of which the determination was made. (7) A scheme may require the Department of Justice to take all reasonable steps to ascertain whether a person who appears to it to be the victim of an offence in respect of which a relevant determination has been made wishes to make representations about the matters specified in subsection (8). (8) The matters are— (a) whether the person in respect of whom the determination has been made should be subject to any conditions in the event of his discharge from hospital or the grant of leave of absence from hospital to him; (b) if so, what conditions. (9) A scheme that includes provision such as is mentioned in subsection (7) must specify how the representations are to be made. (10) A scheme may require other information in relation to the discharge of, or the grant of leave of absence to, persons in respect of whom relevant determinations are made to be made available under the scheme. (11) The other information may include, in cases of a description specified by the scheme or in which the Department of Justice considers it appropriate, the date on which it is anticipated that a person in respect of whom a relevant determination has been made will be discharged or granted leave of absence from hospital. (12) Subsections (5) to (8) of section 68 apply in relation to a scheme made under this section as they apply in relation to a scheme made under that section. (13) A scheme may make different provision in relation to different descriptions of persons in respect of whom a relevant determination is made.
Propose a change(1) If a person who is the victim of an offence in respect of which a relevant determination has been made makes to the Department of Justice representations falling within subsection (2) the Department of Justice has the obligations specified in subsection (3). (2) Representations fall within this subsection if they are to the effect that the grant of leave of absence to the person in respect of whom the determination has been made would threaten the safety, or otherwise adversely affect the well-being, of— (a) the actual victim of the offence in respect of which the determination was made, or (b) a person who is regarded for the purposes of a scheme under section 69A as a victim of that offence by virtue of section 68(5) (as applied by section 69A(12)). (3) The Department of Justice must— (a) have regard to the representations in deciding whether the Department should give its consent to leave of absence being granted, and (b) inform the victim of any such decision. (4) Section 69A(3) (relevant determination) applies for the purposes of this section.
Propose a change