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Justice (Northern Ireland) Bill [HL]


Justice (Northern Ireland) Bill [HL]

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(4)   

This section and Schedule 2 shall, by virtue of this subsection, cease to have

effect—

(a)   

on 19th February 2006; or

(b)   

on such earlier date as the Secretary of State may by order appoint.

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Bail to which Part II of the Criminal Justice (Northern Ireland) Order 2003

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applies

(1)   

Part II of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247

(N.I. 13)) (bail grantable otherwise than under section 67 of the Terrorism Act

2000 (c. 11)) is amended as set out in subsections (2) to (4).

(2)   

In Article 4(2) (definition of “surrender to custody”) at the end add “or

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(c)   

into the custody of the governor of a prison at the time and place

for the time being appointed for him to do so.”

(3)   

In Article 5 (offence of absconding by person released on bail) for paragraph

(3) substitute—

“(3)   

A person guilty of an offence paragraph (1) or (2) shall be liable—

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(a)   

on summary conviction, to imprisonment for a term not

exceeding 12 months or to a fine not exceeding the statutory

maximum or to both;

(b)   

on conviction on indictment, to imprisonment for a term not

exceeding 3 years or to a fine or to both.”

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(4)   

In Article 6 of that Order (arrest for absconding or breaking conditions of

bail)—

(a)   

in paragraph (3) for “a duty to surrender to custody” substitute “a duty

to surrender into the custody of a court”; and

(b)   

after paragraph (5) insert—

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“(5A)   

Paragraphs (4) and (5) do not require a person to be brought

before a magistrates’ court at any time when he is in hospital

and is not well enough.”

(5)   

In Article 29(1) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I. 26)) (right to claim trial by jury for summary offence if

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maximum term of imprisonment exceeds six months, subject to specified

exceptions) after sub-paragraph (g) add—

“(h)   

Article 5(1) or (2) of the Criminal Justice (Northern Ireland)

Order 2003 (absconding by person admitted to bail)”.

(6)   

Subsection (3) has no effect in relation to offences committed before it comes

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into force.

Transfer of prisoners

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Transfer of prisoners

(1)   

Schedule 1 to the Crime (Sentences) Act 1997 (c. 43) (transfer of prisoners

within the British Islands) is amended as follows.

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(2)   

In paragraph 1 (transfer of prisoners: general) after sub-paragraph (2) insert—

    “(2A)  

If it appears to the Secretary of State that—

 

 

Justice (Northern Ireland) Bill [HL]

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(a)   

a person remanded in custody in Northern Ireland in connection

with an offence, or

(b)   

a person serving a sentence of imprisonment in Northern Ireland;

   

should be transferred to England and Wales in the interests of maintaining

security or good order in any prison in Northern Ireland, the Secretary of State

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may make an order for his transfer to England and Wales, there to be

remanded in custody pending his trial or, as the case may be, to serve the

whole or any part of the remainder of his sentence, and for his removal to an

appropriate institution there.”

(3)   

In paragraph 6—

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(a)   

in sub-paragraph (2)(a) after “1(1)(a) or (2)(a)” insert “or (2A)(a)”;

(b)   

in sub-paragraph (2)(b) after “1(1)(b) or (2)(b)” insert “or (2A)(b)”.

(4)   

In paragraph 12—

(a)   

in sub-paragraph (1) after “1(1)(a)” insert “or (2A)(a)”;

(b)   

in sub-paragraph (2) after “1(1)(b)” insert “or (2A)(b)”.

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Amendment of section 103 of Terrorism Act 2000

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Amendment of section 103 of Terrorism Act 2000

In section 103 of the Terrorism Act 2000 (c. 11) (collection of information about

certain persons) in subsection (2)(e) (full-time employee of the prison service in

Northern Ireland) for “a full-time employee of” substitute “employed in”.

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Arrest without warrant

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Arrest without warrant for offence of driving while disqualified

(1)   

In Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)) (list of offences to which powers of summary

arrest apply) after sub-paragraph (e) insert—

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“(ee)   

offences under Article 167(1) of the Road Traffic (Northern

Ireland) Order 1981 (driving while disqualified);”.

(2)   

Subsection (1) has no effect in relation to offences committed before it comes

into force.

Court security

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16      

Court security

Schedule 3 (which re-enacts with amendments sections 79 to 81 of the 2002 Act

and makes further provision with respect to court security officers) shall have

effect.

 

 

Justice (Northern Ireland) Bill [HL]

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Right of barrister to enter into contract for the provision of his services

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Right of barrister to enter into contract for the provision of his services

(1)   

Any rule of law which prevents a barrister from entering into a contract for the

provision of his services as a barrister is abolished.

(2)   

Nothing in subsection (1) prevents the General Council of the Bar of Northern

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Ireland from making rules (however described) which prohibit barristers from

entering into contracts or restrict their right to do so.

Supplementary

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Repeals

Schedule 4 contains repeals.

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19      

Commencement

(1)   

The preceding provisions of this Act (with the Schedules) shall not come into

force until such day as the Secretary of State may by order appoint.

(2)   

An order may appoint different days for different purposes.

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Interpretation

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(1)   

In this Act—

(a)   

“the 2002 Act” means the Justice (Northern Ireland) Act 2002 (c. 26),

and

(b)   

any word or expression defined in section 88 of that Act has the same

meaning in this Act as in that Act.

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21      

Statutory rules

(1)   

Any power of—

(a)   

the Secretary of State; or

(b)   

the Attorney General for Northern Ireland,

to make an order or regulations under this Act is exercisable by statutory rule

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for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.

1979/1573 (N.I. 12)).

(2)   

No order shall be made under section 8(5) unless a draft of the order has been

laid before, and approved by a resolution of, each House of Parliament.

(3)   

An order under section 11(4) and regulations under paragraph 1(4) or 6(1) of

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Schedule 3 shall be subject to annulment in pursuance of a resolution of either

House of Parliament in the same manner as a statutory instrument and section

5 of the Statutory Instruments Act 1946 (c. 36) applies accordingly.

(4)   

An order or regulations made by the Secretary of State under this Act may

contain such supplementary, incidental, transitional or consequential

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provisions as the Secretary of State thinks necessary or expedient.

 

 

Justice (Northern Ireland) Bill [HL]

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22      

Extent

(1)   

Subject as follows, this Act extends only to Northern Ireland.

(2)   

Any amendment made by this Act has the same extent as the provision to

which it relates.

23      

Short title

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This Act may be cited as the Justice (Northern Ireland) Act 2004.

 

 

 
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