Terrorism Bill - continued        House of Lords

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  PART VII
  NORTHERN IRELAND
 
Scheduled offences
Scheduled offence: interpretation.     65. - (1) In this Part "scheduled offence" means, subject to any relevant note in Part I or III of Schedule 9, an offence specified in either of those Parts.
 
      (2) Part II of that Schedule shall have effect in respect of offences related to those specified in Part I.
 
      (3) The Secretary of State may by order-
 
 
    (a) add an offence to Part I or II of Schedule 9;
 
    (b) remove an offence from Part I or II of that Schedule;
 
    (c) amend Part I or II of that Schedule in some other way.
Preliminary inquiry.     66. - (1) In proceedings before a magistrates' court for a scheduled offence, if the prosecution requests the court to conduct a preliminary inquiry into the offence the court shall grant the request.
 
      (2) In subsection (1) "preliminary inquiry" means a preliminary inquiry under the Magistrates' Courts (Northern Ireland) Order 1981.
 
      (3) Subsection (1)-
 
 
    (a) shall apply notwithstanding anything in Article 31 of that Order,
 
    (b) shall not apply in respect of an offence where the court considers that in the interests of justice a preliminary investigation should be conducted into the offence under that Order, and
 
    (c) shall not apply in respect of an extra-territorial offence (as defined in section 1(3) of the Criminal Jurisdiction Act 1975)).
      (4) Where a person charged with a scheduled offence is also charged with a non-scheduled offence, the non-scheduled offence shall be treated as a scheduled offence for the purposes of this section.
 
Limitation of power to grant bail.     67. - (1) This section applies to a person who-
 
 
    (a) has attained the age of fourteen, and
 
    (b) is charged with a scheduled offence which is neither being tried summarily nor certified by the Director of Public Prosecutions for Northern Ireland as suitable for summary trial.
      (2) Subject to subsections (6) and (7), a person to whom this section applies shall not be admitted to bail except-
 
 
    (a) by a judge of the High Court or the Court of Appeal, or
 
    (b) by the judge of the court of trial on adjourning the trial of a person charged with a scheduled offence.
      (3) A judge may, in his discretion, admit a person to whom this section applies to bail unless satisfied that there are substantial grounds for believing that the person, if released on bail (whether subject to conditions or not), would-
 
 
    (a) fail to surrender to custody,
 
    (b) commit an offence while on bail,
 
    (c) interfere with a witness,
 
    (d) otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or another person, or
 
    (e) fail to comply with conditions of release (if any).
      (4) In exercising his discretion in relation to a person under subsection (3) a judge shall have regard to such of the following considerations as he considers relevant (as well as to any others which he considers relevant)-
 
 
    (a) the nature and seriousness of the offence with which the person is charged,
 
    (b) the character, antecedents, associations and community ties of the person,
 
    (c) the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail, and
 
    (d) the strength of the evidence of his having committed the offence.
      (5) Without prejudice to any other power to impose conditions on admission to bail, a judge admitting a person to bail under this section may impose such conditions as he considers-
 
 
    (a) likely to result in the person's appearance at the time and place required, or
 
    (b) necessary in the interests of justice or for the prevention of crime.
      (6) Subsection (7) applies where a person to whom this section applies is a serving member of-
 
 
    (a) any of Her Majesty's forces, or
 
    (b) the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
      (7) Where this subsection applies to a person he may be admitted to bail on condition that he is held in military or police custody if the person granting bail is satisfied that suitable arrangements have been made; and-
 
 
    (a) bail on that condition may be granted by a judge or a resident magistrate, and
 
    (b) it shall be lawful for the person to be held in military or police custody in accordance with the conditions of his bail.
Bail: legal aid.     68. - (1) Where it appears to a judge of the High Court or the Court of Appeal-
 
 
    (a) that a person charged with a scheduled offence intends to apply to be admitted to bail,
 
    (b) that it is desirable in the interests of justice that he should have legal aid, and
 
    (c) that he has not sufficient means to enable him to obtain that aid,
       the judge may assign to him a solicitor and counsel, or counsel only, in the application for bail.
 
      (2) If on a question of granting a person free legal aid under this section there is a doubt-
 
 
    (a) whether his means are sufficient to enable him to obtain legal aid, or
 
    (b) whether it is desirable in the interests of justice that he should have free legal aid,
       the doubt shall be resolved in favour of granting him free legal aid.
 
      (3) Articles 32, 36 and 40 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (statements, payments, rules and stamp duty) shall apply in relation to legal aid under this section as they apply in relation to legal aid under Part III of that Order as if legal aid under this section were given in pursuance of a criminal aid certificate under Article 29 of that Order.
 
Maximum period of remand in custody.     69. - (1) The period for which a person charged with a scheduled offence may be remanded in custody by a magistrates' court shall be a period of not more than 28 days beginning with the day following that on which he is remanded.
 
      (2) Subsection (1) has effect-
 
 
    (a) notwithstanding Article 47(2) and (3) of the Magistrates' Courts (Northern Ireland) Order 1981, and
 
    (b) whether or not a person is also charged with a non-scheduled offence.
Young persons: custody on remand, &c.     70. - (1) While a young person charged with a scheduled offence is remanded or committed for trial and not released on bail, he may be held in custody in such prison or other place as may be specified in a direction given by the Secretary of State under this section.
 
      (2) Subsection (1) shall have effect in respect of a person-
 
 
    (a) notwithstanding the provisions of any enactment, and
 
    (b) whether or not he was remanded or committed for trial at a time when this section was not in force.
      (3) The Secretary of State may give a direction under this section in respect of a person if he considers it necessary to make special arrangements as to the place at which the person is to be held in order-
 
 
    (a) to prevent his escape, or
 
    (b) to ensure his safety or the safety of others.
      (4) The Secretary of State may give a direction under this section at any time after the person to whom it relates has been charged.
 
      (5) In this section "young person" means a person who-
 
 
    (a) has attained the age of fourteen, and
 
    (b) has not attained the age of seventeen.
Directions under section 70.     71. - (1) A direction under section 70 shall cease to have effect at the expiry of the period specified in the direction unless-
 
 
    (a) it has previously ceased to have effect, or
 
    (b) it is continued in force by a further direction.
      (2) The specified period shall not end after the end of the period of two months beginning with the date of the direction.
 
      (3) Where-
 
 
    (a) a person is held in custody in a prison or other place by virtue of a direction, and
 
    (b) the direction ceases to have effect (whether or not by reason of the expiry or cesser of section 70),
       it shall be lawful for him to continue to be held in custody in that prison or place until arrangements can be made for him to be held in custody in accordance with the law then applicable to his case.
 
      (4) Nothing in subsection (3) shall be taken as permitting the holding in custody of a person who is entitled to be released from custody.
 
 
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