Justice Act (Northern Ireland) 2011

Legislation Crest

N.I.

Justice Act (Northern Ireland) 2011

2011 CHAPTER 24

An Act to make provision for an offender levy; to amend the law relating to measures for vulnerable and intimidated witnesses and live links; to make provision for policing and community safety partnerships; to make provision regulating certain sporting events; to amend the law relating to the treatment of offenders; to make provision for penalty notices and conditional cautions; to amend the law on legal aid; to confer additional rights of audience on certain solicitors; to amend the law on bail; to make other amendments relating to the administration of civil and criminal justice; and for connected purposes.

[4th May 2011]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

PART 1 N.I.VICTIMS AND WITNESSES

CHAPTER 1N.I.THE OFFENDER LEVY

Offender levy imposed by courtN.I.

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Enforcement and treatment of offender levy imposed by courtN.I.
Deduction of offender levy imposed by court from prisoner's earningsN.I.
Offender levy imposed by court: other supplementary provisionsN.I.

Offender levy on certain penaltiesN.I.

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Amount of the offender levyN.I.

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CHAPTER 2N.I.VULNERABLE AND INTIMIDATED WITNESSES

Special measures for vulnerable and intimidated witnessesN.I.

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Evidence of certain accused personsN.I.

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Witnesses protected from cross-examination by accused in personN.I.

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PART 2 N.I.LIVE LINKS

Live links for patients detained in hospitalN.I.

14—(1) Article 79 of the Criminal Justice (Northern Ireland) Order 2008 (NI 1) (live links: introductory) is amended as follows.

(2) In paragraph (3)(a) at the end add “ or detained in a hospital under Part 3 of the Mental Health (Northern Ireland) Order 1986 ”.

Live links at preliminary hearings in the High CourtN.I.

15—(1) Article 80 of the Criminal Justice (Northern Ireland) Order 2008 (live links at preliminary hearings) is amended as follows.

(2) In paragraph (1) for “or the Crown Court” substitute “ , the Crown Court or the High Court ”.

Live links at preliminary hearing on appeals to the county courtN.I.

16—(1) This section applies in relation to a preliminary hearing in connection with an appeal to the county court under Article 140 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

(2) Where it appears to the county court before which the preliminary hearing is to take place that the appellant is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the appellant at the hearing.

(3) A live link direction under this section is a direction requiring the appellant, if being held in custody during the hearing, to attend it through a live link from the place at which the appellant is being held.

(4) The appellant is to be treated as present in court when, by virtue of a live link direction, the appellant attends a hearing through a live link.

(5) If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit a person attending the hearing to do so through a live link.

(6) The court shall not give or rescind a live link direction under this section (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.

(7) Subject to subsection (8), if where the appellant is attending a preliminary hearing through a live link it appears to the court—

(a)that the appellant is not able to see and hear the court and to be seen and heard by it, and

(b)that this cannot be immediately corrected,

the court shall adjourn the hearing.

(8) The court may proceed with the hearing if it is satisfied that it is not reasonably practicable to bring the appellant to court before the appellant ceases to be held in custody.

(9) If the court proceeds with the hearing under subsection (8) it shall not remand the appellant in custody for a period exceeding 8 days commencing on the day following that on which it remands him.

(10) A court shall not give a live link direction under this section unless—

(a)it has been notified by the Department that a live link is available between the court and the institution in which the appellant is or is to be held in custody; and

(b)the notice has not been withdrawn.

(11) In this section—

(a)references to a person being held in custody are references to the person's being held in custody in a prison, young offenders centre, juvenile justice centre or other institution or detained in a hospital under Part 3 of the Mental Health (Northern Ireland) Order 1986 (NI 4);

(b)live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during the hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);

(c)preliminary hearing” means a hearing in connection with an appeal, held before the court starts to hear the appeal.

Live link in sentencing hearing on appeals to the county courtN.I.

17—(1) This section applies in relation to a sentencing hearing in connection with an appeal to the county court under Article 140 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).

(2) Where it appears to the county court before which the sentencing hearing is to take place that the appellant is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the appellant at the hearing.

(3) A live link direction under this section is a direction requiring the appellant, if being held in custody during the hearing, to attend it through a live link from the place at which the appellant is being held.

(4) The appellant is to be treated as present in court when, by virtue of a live link direction, the appellant attends a hearing through a live link.

(5) A live link direction under this section—

(a)may be given by the court of its own motion or on an application by a party; and

(b)may be given in relation to all subsequent sentencing hearings before the court or to such sentencing hearing or hearings as may be specified or described in the direction.

(6) The court may not give a live link direction under this section unless—

(a)the appellant has consented to the direction; and

(b)the court is satisfied that it is not contrary to the interests of justice to give the direction.

(7) The court may rescind a live link direction given under this section at any time before or during a sentencing hearing to which it relates if it appears to the court to be in the interests of justice to do so (but this does not affect the court's power to give a further live link direction under this section in relation to the appellant). The court may exercise this power of its own motion or on an application by a party.

(8) The appellant may not give oral evidence while attending a sentencing hearing through a live link by virtue of this section unless—

(a)the appellant consents to give evidence in that way; and

(b)the court is satisfied that it is not contrary to the interests of justice for the appellant to give it in that way.

(9) The court must state in open court its reasons for refusing an application for, or for the rescission of, a live link direction under this section.

(10) A court shall not give a live link direction under this section unless—

(a)it has been notified by the Department that a live link is available between the court and the institution in which the appellant is or is to be held in custody; and

(b)the notice has not been withdrawn.

(11) In this section—

(a)references to a person being held in custody are references to the person's being held in custody in a prison, young offenders centre, juvenile justice centre or other institution or detained in a hospital under Part 3 of the Mental Health (Northern Ireland) Order 1986 (NI 4);

(b)live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during the hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);

(c)“sentencing hearing”, in connection with an appeal, means any hearing following the determination of the appeal which is held for the purpose of—

(i)proceedings relating to the giving or rescinding of a live link direction;

(ii)sentencing the offender or determining how the court should deal with the offender in respect of the offence.

Live links in the Court of AppealN.I.

18—(1) The Court of Appeal may at any time give a live link direction in relation to any proceedings to which this section applies if a party to the proceedings (“P”) is expected to be in custody.

(2) This section applies to proceedings in the Court of Appeal—

(a)on an appeal under Part 4 of the Criminal Justice (Northern Ireland) Order 2004 (NI 9);

(b)on an appeal under section 74(8) of the Serious Organised Crime and Police Act 2005 (c. 15);

(c)on an appeal under section 24 of the Serious Crime Act 2007 (c. 27);

(d)on a reference under section 36 of the Criminal Justice Act 1988 (c. 33);

(e)on an application for bail under section 17 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47).

(3) For the purposes of this section—

(a)a “live link direction” is a direction that P (if P is being held in custody at the time of the proceedings) is to attend the proceedings through a live link from the place at which P is held;

(b)live link” means an arrangement by which P is able to see and hear, and to be seen and heard by, the Court of Appeal (and for this purpose any impairment of eyesight or hearing is to be disregarded); and

(c)P is a party to any proceedings—

(i)in the case of an appeal, if P is the appellant or respondent or if the appeal relates to an order or ruling made in respect of P or made in respect of proceedings in which P is the accused;

(ii)in the case of a reference or application, if P's sentencing or admission to bail is the subject of the reference or application.

(4) The Court of Appeal—

(a)shall not give a live link direction unless—

(i)P has consented to the direction; and

(ii)any other party to the proceedings has had the opportunity to make representations about the giving of such a direction; and

(b)may rescind a live link direction at any time before or during any proceedings to which it applies (whether of its own motion or on the application of a party).

(5) The Court of Appeal must not give a live link direction unless—

(a)it has been notified by the Department that a live link is available between the Court and the institution at which P is expected to be in custody; and

(b)the notice has not been withdrawn.

(6) A live link direction does not apply to the giving of oral evidence by P at any hearing unless that direction, or any subsequent direction of the Court, provides expressly for the giving of such evidence through a live link.

(7) In section 45(2) of the Criminal Appeal (Northern Ireland) Act 1980 (powers exercisable by single judge) at the end of paragraph (fa) add “ or under section 18 of the Justice Act (Northern Ireland) 2011 ”.

Live link direction for vulnerable accused or appellantN.I.

19  For Article 21A of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) (live link directions for certain vulnerable accused) substitute—

Live link directions

21A(1) This Article applies—

(a)to any proceedings in a magistrates' court or before the Crown Court against a person for an offence; and

(b)to any proceedings in the county court on an appeal by a person under Article 140 of the Magistrates' Courts (Northern Ireland) Order 1981;

and in this Article references to “A” are to the person concerned.

(2) The court may, on the application of A, give a live link direction if it is satisfied—

(a)that the conditions in paragraph (4) or paragraph (5) are met in relation to A when the application is made; and

(b)that it is in the interests of justice for A to give evidence through a live link.

(3) A live link direction is a direction that any oral evidence to be given before the court by A is to be given through a live link.

(4) The conditions in this paragraph are that—

(a)A has a physical disability or suffers from a physical disorder; and

(b)A's ability to participate effectively in the proceedings as a witness giving oral evidence in court is for that reason compromised.

(5) The conditions in this paragraph are—

(a)if A is aged under 18, that—

(i)A's ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by A's level of intellectual ability or social functioning; and

(ii)use of a live link would enable A to participate more effectively in the proceedings as a witness (whether by improving the quality of A's evidence or otherwise);

(b)if A is aged 18 or over, that—

(i)A suffers from a mental disorder (within the meaning of the Mental Health (Northern Ireland) Order 1986) or otherwise has a significant impairment of intelligence and social function;

(ii)A is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court; and

(iii)use of a live link would enable A to participate more effectively in the proceedings as a witness (whether by improving the quality of A's evidence or otherwise).

(6) While a live link direction has effect A may not give oral evidence before the court in the proceedings otherwise than through a live link.

(7) The court may discharge a live link direction at any time before or during any hearing to which it applies if it appears to the court to be in the interests of justice to do so (but this does not affect the power to give a further live link direction in relation to A). The court may exercise this power of its own motion or on an application by a party.

(8) The court must state in open court its reasons for—

(a)giving or discharging a live link direction, or

(b)refusing an application for or for the discharge of a live link direction,

and, if it is a magistrates' court, it must cause those reasons to be entered in the Order Book..

PART 3 N.I.POLICING AND COMMUNITY SAFETY PARTNERSHIPS

Establishment of PCSPs and DPCSPsN.I.

Establishment of PCSPs and DPCSPsN.I.

20—(1) Each district council shall establish for its district a body to be known as a policing and community safety partnership (a “PCSP”).

(2) The district council for Belfast shall establish for each police district established under section 20(2) of the Police (Northern Ireland) Act 2000 (c. 32) a body to be known as a district policing and community safety partnership (a “DPCSP”).

(3) Schedule 1 has effect in relation to a PCSP.

(4) Schedule 2 has effect in relation to a DPCSP.

(5) In this Part, in relation to a PCSP—

the council” means the council by which it is established;

the district” means the district of the council by which it is established;

relevant district commander” means the district commander of any police district which is, or is included in, the district.

(6) In this Part, in relation to a DPCSP—

the council” means the district council for Belfast;

the police district” means the police district for which it is established;

the principal PCSP” means the PCSP for the district of Belfast;

relevant district commander” means the district commander of the police district.

(7) In this Part—

DPCSP” has the meaning given by subsection (2);

PCSP” has the meaning given by subsection (1);

the joint committee” means a joint committee formed for the purposes of this Part by the Department and the Policing Board and consisting of representatives of the Department and of the Policing Board;

local policing plan” has the meaning given by section 22(1) of the Police (Northern Ireland) Act 2000 (c. 32);

police district” has the meaning given by section 20 of the Police (Northern Ireland) Act 2000;

the Policing Board” means the Northern Ireland Policing Board;

“policing committee”—

(a)

in relation to a PCSP, means the committee established under paragraph 12 of Schedule 1;

(b)

in relation to a DPCSP, means the committee established under paragraph 12 of Schedule 2;

the policing plan” has the meaning given by section 26(1) of the Police (Northern Ireland) Act 2000;

“restricted functions”—

(a)

in relation to a PCSP, has the meaning given by section 21(2)(a);

(b)

in relation to a DPCSP, has the meaning given by section 22(2)(a).

Functions of PCSPs and DPCSPsN.I.

Functions of PCSPN.I.

21—(1) The functions of a PCSP shall be—

(a)to provide views to a relevant district commander and to the Policing Board on any matter concerning the policing of the district;

(b)to monitor the performance of the police in carrying out—

(i)the policing plan in relation to the district; and

(ii)the local policing plan applying to the district or any part of the district;

(c)to make arrangements for obtaining the co-operation of the public with the police in preventing crime and enhancing community safety in the district;

(d)to make arrangements for obtaining the views of the public about matters concerning the policing of the district and enhancing community safety in the district and to consider fully any views so obtained;

(e)to act as a general forum for discussion and consultation on matters affecting the policing of the district and enhancing community safety in the district;

(f)to prepare plans for reducing crime and enhancing community safety in the district;

(g)to identify targets or other indicators by reference to which it can assess the extent to which those issues are addressed by action taken in accordance with any such plans;

(h)to provide any such financial or other support as it considers appropriate to persons involved in ventures designed to reduce crime or enhance community safety in the district; and

(i)such other functions as are conferred on it by any other statutory provision.

(2) The functions of a PCSP mentioned in subsection (1)(a), (b) and (c)—

(a)are referred to in this Part as its “restricted functions”; and

(b)must be exercised, on behalf of the PCSP, by the policing committee of the PCSP.

(3) References in this section to enhancing community safety in any district are to making the district one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.

(4) In exercising its functions, a PCSP shall have regard to the code of practice under section 23.

Functions of DPCSPN.I.

22—(1) The functions of a DPCSP shall be—

(a)to provide views to the relevant district commander and to the principal PCSP on any matter concerning the policing of the police district;

(b)to monitor the performance of the police in carrying out—

(i)the policing plan in relation to the police district; and

(ii)the local policing plan applying to the police district;

(c)to make arrangements for obtaining the co-operation of the public with the police in preventing crime and enhancing community safety in the police district;

(d)to make arrangements for obtaining the views of the public about matters concerning the policing of the police district and enhancing community safety in the police district and to consider fully any views so obtained;

(e)to act as a general forum for discussion and consultation on matters affecting the policing of the police district and enhancing community safety in the police district;

(f)to prepare plans for reducing crime and enhancing community safety in the police district;

(g)to identify targets or other indicators by reference to which it can assess the extent to which those issues are addressed by action taken in accordance with any such plans;

(h)to provide any such financial or other support as it considers appropriate to persons involved in ventures designed to reduce crime or enhance community safety in the police district;

(i)such other functions as are conferred on it by any other statutory provision.

(2) The functions of a DPCSP mentioned in subsection (1)(a), (b) and (c)—

(a)are referred to in this Part as its “restricted functions”; and

(b)must be exercised, on behalf of the DPCSP, by the policing committee of the DPCSP.

(3) References in this section to enhancing community safety in a police district are to making the police district one in which it is, and is perceived to be, safer to live and work, in particular by the reduction of actual and perceived levels of crime and other anti-social behaviour.

(4) In exercising its functions, a DPCSP shall have regard to the code of practice under section 23.

(5) If the principal PCSP is satisfied that a DPCSP is carrying out any of the DPCSP's functions in relation to a police district, the PCSP is not required to carry out any corresponding function it has in relation to the part of its district comprising the police district.

(6) But subsection (5) does not prevent the principal PCSP exercising its functions in relation to the whole of the district where it appears to the principal PCSP to be necessary or appropriate to do so.

Code of practice for PCSPs and DPCSPsN.I.

23—(1) The joint committee shall issue, and may from time to time revise, a code of practice containing guidance as to the exercise by PCSPs and DPCSPs of their functions.

(2) Before issuing or revising a code of practice under this section the joint committee shall consult—

(a)district councils; and

(b)the Chief Constable.

(3) The code of practice under this section may in particular include provisions concerning—

(a)the procedures for meetings;

(b)the holding of public meetings;

(c)the arrangements for giving notice of meetings, and in particular for the giving of such notice to district commanders and to the public;

(d)the arrangements for the submission by or to a PCSP, a DPCSP or a policing committee of reports and other documents;

(e)the arrangements for enabling questions on the discharge by police officers of their functions in the district to be put by members of the policing committee for answer by the relevant district commander or a police officer nominated by that district commander for the purpose;

(f)the arrangements for the monitoring by the policing committee of the performance of the police in carrying out—

(i)the policing plan in relation to the district; and

(ii)the local policing plan applying to the district or any part of the district;

(g)the arrangements to be made under section 21(1)(c) and (d) and 22(1)(c) and (d);

(h)the arrangements for dealings with the Policing Board, the Department and the joint committee.

(4) The joint committee shall arrange for any code of practice issued or revised under this section to be published in such manner as appears to it to be appropriate.

(5) In its application to a DPCSP, this section has effect with the substitution for references to the district of references to the police district.

Annual reportsN.I.

Annual report by PCSP to councilN.I.

24—(1) A PCSP shall, not later than 3 months after the end of each financial year, submit to the council a general report on the exercise of its functions during that year.

(2) Subsection (1) does not apply to the PCSP for the district of Belfast (as to which see section 25).

(3) When a PCSP submits its report under subsection (1), it shall at the same time send a copy of the report to the joint committee.

(4) A report under subsection (1) shall include details of the arrangements made under section 21(1)(d).

(5) Before any report is submitted under this section, the policing committee of the PCSP shall consult the relevant district commander.

(6) The council shall arrange for a report submitted under subsection (1) to be published in such manner as appears to the council to be appropriate.

Annual report by Belfast PCSP to councilN.I.

25—(1) The PCSP for the district of Belfast shall, not later than 4 months after the end of each financial year, submit to the council a general report on the exercise during that year of—

(a)its functions; and

(b)the functions of the DPCSPs.

(2) When the PCSP submits its report under subsection (1) it shall at the same time—

(a)send to the council copies of the DPCSP reports for the year;

(b)send copies of its report and the DPCSP reports for the year to the joint committee.

(3) If the PCSP has made arrangements under section 21(1)(d) the report under subsection (1) shall include details of the arrangements.

(4) Before any report is submitted under this section, the policing committee of the PSCP shall consult the district commander of each police district in the district of Belfast.

(5) The council shall arrange for a report submitted under subsection (1) to be published in such manner as appears to the council to be appropriate.

(6) The council may arrange for a DPCSP report to be published with the report submitted under subsection (1) if—

(a)the council considers publication of the DPCSP report to be appropriate, or

(b)the PCSP has requested the publication of the DPCSP report.

(7) A “DPCSP report” is a report submitted to the PCSP under section 26.

Annual report by DPCSPs to principal PCSPN.I.

26—(1) A DPCSP shall, not later than 2 months after the end of each financial year, submit to the principal PCSP a general report on the exercise of its functions during that year.

(2) A report under subsection (1) shall include details of the arrangements made under section 22(1)(d).

(3) Before submitting any report under subsection (1), a DPCSP shall consult the relevant district commander.

Other reports by PCSPs and DPCSPsN.I.

Reports by PCSP to joint committeeN.I.

27—(1) A PCSP shall, whenever so required by the joint committee, submit to the joint committee a report on any such matter connected with the exercise of its functions as may be specified in the requirement.

(2) This section does not apply to the PCSP for Belfast (as to which see section 28).

(3) A report under this section shall be made—

(a)in such form as may be specified in the requirement under subsection (1); and

(b)within the period of 3 months from the date on which that requirement is made, or within such longer period as may be agreed between the PCSP and the joint committee.

(4) The joint committee may arrange for a report under this section to be published in such manner as appears to the joint committee to be appropriate.

Reports by Belfast PCSP to joint committeeN.I.

28—(1) The PCSP for Belfast shall, whenever so required by the joint committee, submit to the joint committee a report on any matter which is specified in the requirement and is connected with the exercise of—

(a)its functions, or

(b)the functions of a DPCSP.

(2) A report under this section shall be made—

(a)in such form as may be specified in the requirement under subsection (1); and

(b)within the required period or such longer period as may be agreed between the PCSP and the joint committee.

(3) The required period is—

(a)4 months from the date on which the requirement under subsection (1) is made, if the requirement relates wholly or in part to the functions of a DPCSP;

(b)3 months from the date on which the requirement under subsection (1) is made, in any other case.

(4) When the PCSP submits its report under subsection (1) it shall at the same time send to the joint committee copies of any related DPCSP report.

(5) The joint committee may arrange for the publication, in such manner as appears to the joint committee to be appropriate, of—

(a)a report submitted under subsection (1);

(b)a related DPCSP report.

(6) A “DPCSP report” is a report submitted to the PCSP under section 29.

(7) A DPCSP report is related to a report submitted in pursuance of a requirement under subsection (1) if the PCSP imposed the requirement to submit the DPCSP report to enable it to comply with the requirement under subsection (1).

Reports by DPCSP to principal PCSPN.I.

29—(1) A DPCSP shall, whenever so required by the principal PCSP, submit to the principal PCSP a report on any matter which is specified in the requirement and is connected with the exercise of the DPCSP's functions.

(2) A report under this section shall be made—

(a)in such form as may be specified in the requirement under subsection (1); and

(b)within the period of 2 months from the date on which that requirement is made, or within such longer period as may be agreed between the DPCSP and the principal PCSP.

(3) The principal PCSP may arrange for a report submitted under this section to be published in such manner as appears to the principal PCSP to be appropriate.

(4) Subsection (3) does not apply if the principal PCSP has imposed the requirement under subsection (1) to enable it to comply with a requirement imposed on it under section 28(1).

Policing committee reportsN.I.

Reports by policing committees to Policing BoardN.I.

30—(1) The policing committee of a PCSP shall, whenever so required by the Policing Board, submit to the Policing Board a report on any such matter connected with the exercise of the restricted functions of the PCSP as may be specified in the requirement.

(2) This section does not apply to the policing committee of the PCSP for Belfast (as to which see section 31).

(3) A report under this section shall be made—

(a)in such form as may be specified in the requirement under subsection (1); and

(b)within the period of 3 months from the date on which that requirement is made, or within such longer period as may be agreed between the policing committee and the Policing Board.

(4) The Policing Board may arrange for a report under this section to be published in such manner as appears to the Policing Board to be appropriate.

Reports by policing committee of Belfast PCSP to Policing BoardN.I.

31—(1) The policing committee of the PCSP for the district of Belfast shall, whenever so required by the Policing Board, submit to the Policing Board a report on any matter which is specified in the requirement and is connected with the exercise of—

(a)the restricted functions of the PCSP, or

(b)the restricted functions of a DPCSP.

(2) A report under this section shall be made—

(a)in such form as may be specified in the requirement under subsection (1); and

(b)within the required period or such longer period as may be agreed between the policing committee and the Policing Board.

(3) The required period is—

(a)4 months from the date on which the requirement under subsection (1) is made, if the requirement relates wholly or in part to the restricted functions of a DPCSP;

(b)3 months from the date on which the requirement under subsection (1) is made, in any other case.

(4) When the policing committee submits its report under subsection (1) it shall at the same time send to the Policing Board copies of any related DPCSP policing committee report.

(5) The Policing Board may arrange for the publication, in such manner as appears to the Policing Board to be appropriate, of—

(a)a report submitted under subsection (1);

(b)a related DPCSP policing committee report.

(6) A “DPCSP policing committee report” is a report submitted to the policing committee of the PCSP under section 32.

(7) A DPCSP policing committee report is related to a report submitted in pursuance of a requirement under subsection (1) if the policing committee of the PCSP imposed the requirement to submit the DPCSP policing committee report to enable it to comply with the requirement under subsection (1).

Reports by policing committee of DPCSP to policing committee of principal PCSPN.I.

32—(1) The policing committee of a DPCSP shall, whenever so required by the policing committee of the principal PCSP, submit to the policing committee of the principal PCSP a report on any matter which is specified in the requirement and is connected with the exercise of the restricted functions of the DPCSP.

(2) A report under this section shall be made—

(a)in such form as may be specified in the requirement under subsection (1); and

(b)within the period of 2 months from the date on which that requirement is made, or within such longer period as may be agreed between the policing committee of the DPCSP and the policing committee of the principal PCSP.

(3) The policing committee of the principal PCSP may arrange for a report submitted under this section to be published in such manner as appears to the policing committee to be appropriate.

(4) Subsection (3) does not apply if the policing committee of the principal PCSP has imposed the requirement under subsection (1) to enable it to comply with a requirement imposed on it under section 31(1).

MiscellaneousN.I.

Other community policing arrangementsN.I.

33—(1) The policing committee of a PCSP or a DPCSP may, with the approval of the Policing Board, make arrangements to facilitate consultation by the police with any local community within the district of the PCSP or (as the case may be) the police district of the DPCSP.

(2) Where it appears to the Policing Board that a policing committee has not made satisfactory arrangements under subsection (1) in relation to any local community, the Policing Board may, after consultation with the policing committee, make arrangements to facilitate consultation by the police with that community.

(3) Arrangements made under subsection (1) or (2) may include the establishment of bodies.

(4) The Policing Board may defray the reasonable expenses of any body established by virtue of subsection (3).

(5) Before making any arrangements under this section a policing committee or the Policing Board shall consult the Chief Constable as to the arrangements that would be appropriate.

Functions of joint committee and Policing BoardN.I.

34—(1) The joint committee must—

(a)assess the level of public satisfaction with the performance of PCSPs and DPCSPs;

(b)assess the effectiveness of PCSPs and DPCSPs in performing their functions (other than restricted functions) and in particular, the effectiveness of the arrangements made under section 21(1)(d) or 22(1)(d).

(2) The Policing Board must—

(a)assess the level of public satisfaction with the performance of policing committees of PCSPs and DPCSPs;

(b)assess the effectiveness of policing committees of PCSPs and DPCSPs in performing the restricted functions of PCSPs and DPCSPs.

PART 4 N.I.SPORT

CHAPTER 1N.I.REGULATED MATCHES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 2N.I.CONDUCT AT REGULATED MATCHES

Throwing of articles capable of causing injuryN.I.

ChantingN.I.

Going onto the playing areaN.I.

Possession of fireworks, flares, etc.N.I.

CHAPTER 3N.I.ALCOHOL ON VEHICLES TRAVELLING TO REGULATED MATCHES

Offences in connection with alcohol on vehiclesN.I.

CHAPTER 4N.I.BANNING ORDERS IN RELATION TO REGULATED MATCHES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 5N.I.ENFORCEMENT

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 5 N.I.TREATMENT OF OFFENDERS

Increase in maximum term of imprisonment for common assault or batteryN.I.

51—(1) The Offences against the Person Act 1861 (c. 100) is amended as follows.

(2) In section 42 (common assault or battery) for “three months” substitute “ 6 months ”.

(3) Section 43 (aggravated assault) is repealed.

Penalty for certain knife offencesN.I.

52  In section 139A of the Criminal Justice Act 1988 (c. 33) (having knife etc. on school premises) for subsections (5) and (6) substitute—

(5) A person guilty of an offence under subsection (1) or (2) shall be liable—

(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 4 years, or to a fine, or to both.

(6) In this section and section 139B “school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986..

Extension of maximum period of deferment of sentenceN.I.

53—(1) Article 3 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (deferment of sentence) is amended as follows.

(2) In paragraph (2) (deferment not to exceed 6 months) for “6 months” substitute “ the relevant period ”.

(3) After paragraph (2) insert—

(2A) In paragraph (2) “the relevant period” means—

(a)if the court makes an order under Article 28(1) of the Road Traffic Offenders (Northern Ireland) Order 1996 in respect of the offender, 6 months;

(b)in any other case, 12 months..

Breach of licence conditions by sex offendersN.I.

54  In Article 27 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) (breach of licence conditions by sex offenders) after paragraph (9) insert—

(10) Paragraph (11) applies if—

(a)an offender released on licence in pursuance of an order under Article 26(1)(b) is not resident in Northern Ireland; or

(b)it is not known where the offender resides.

(11) Where this paragraph applies—

(a)the reference in paragraph (2) to a magistrates' court acting for the petty sessions district in which the offender resides is to be read as a reference to any magistrates' court in Northern Ireland;

(b)the reference in paragraph (9)(b) to a court of summary jurisdiction acting for the petty sessions district in which the offender resides is to be read as a reference to the court of summary jurisdiction which made the order..

Prospective

Sexual offences: closure ordersN.I.

55—(1) Part 2A of the Sexual Offences Act 2003 (c. 42) (closure orders) is amended as follows.

(2) In section 136J(5) (discharge of closure order) for “judicial authority” substitute “ judicial officer ”.

(3) In section 136R (interpretation) at the end insert—

(15) In the application of this Part to Northern Ireland for any reference to a magistrates' court there shall be substituted a reference to a court of summary jurisdiction..

Financial reporting ordersN.I.

56—(1) After section 78(3)(aa) of the Serious Organised Crime and Police Act 2005 (c. 15) (offences giving rise to the power to make a financial reporting order) add—

(ab)a common law offence of conspiracy to defraud,

(ac)an offence under section 17 of the Theft Act (Northern Ireland) 1969 (false accounting),.

(2) After section 78(3)(c) of the Serious Organised Crime and Police Act 2005 add—

(d)an offence under any of the following provisions of the Bribery Act 2010—

  • section 1 (offences of bribing another person),

  • section 2 (offences relating to being bribed),

  • section 6 (bribery of foreign public officials),

(e)a common law offence of bribery,

(f)an offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office),

(g)the first two offences under section 1 of the Prevention of Corruption Act 1906 (bribes obtained by or given to agents),

(h)an offence under any of the following provisions of the Proceeds of Crime (Northern Ireland) Order 1996—

  • Article 45 (acquisition, possession or use of proceeds of criminal conduct),

  • Article 46 (assisting another to retain the benefit of criminal conduct),

  • Article 47 (concealing or transferring proceeds of criminal conduct),

(i)an offence under section 329 of the Proceeds of Crime Act 2002 (acquisition, use and possession of criminal property),

(j)an offence of attempting, conspiring in or inciting the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (i), or an offence under Part 2 of the Serious Crime Act 2007 in relation to such an offence,

(k)an offence of aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (i)..

Dangerous offenders: serious and specified offencesN.I.

57—(1) The paragraph set out in subsection (2) is inserted—

(a)in Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (NI 1) (serious offences) after paragraph 15; and

(b)in Schedule 2 to that Order (specified offences) after paragraph 15.

(2) The paragraph is—

The Criminal Jurisdiction Act 1975 (c. 59)

15A  An offence under section 2 (hi-jacking of vehicles or ships)..

Prospective

Supervised activity order in respect of certain financial penaltiesN.I.

F258  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 6 N.I.ALTERNATIVES TO PROSECUTION

CHAPTER 1N.I.PENALTY NOTICES

Penalty offences and penaltiesN.I.

Penalty offences and penaltiesN.I.

Penalty noticesN.I.

Penalty noticesN.I.
Form of penalty noticeN.I.
Effect of penalty noticeN.I.
General restriction on prosecutionN.I.
GuidanceN.I.

ProcedureN.I.

Payment of penaltyN.I.
Registration certificatesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InterpretationN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

CHAPTER 2N.I.CONDITIONAL CAUTIONS

Conditional cautionsN.I.

The five requirementsN.I.

Variation of conditionsN.I.

Failure to comply with conditionsN.I.

Arrest for failure to complyN.I.

Application of PACE provisionsN.I.

Code of practiceN.I.

Powers of Probation BoardN.I.

Interpretation of this ChapterN.I.

PART 7 N.I.LEGAL AID, ETC.

Prospective

Eligibility for criminal legal aidN.I.

Order to recover costs of legal aidN.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Legal aid for certain bail applicationsN.I.

Prospective

Financial eligibility for grant of right to representationN.I.

Prospective

Litigation funding agreementsN.I.

Civil legal services: scopeN.I.

Prospective

Enhanced legal aid fees for certain solicitorsN.I.

PART 8 N.I.SOLICITORS' RIGHTS OF AUDIENCE

Prospective

Authorisation of Society conferring additional rights of audienceN.I.

88—(1) The Solicitors (Northern Ireland) Order 1976 (NI 12) is amended as follows.

(2) In Article 6 (regulations as to the education, training, etc. of persons seeking admission or having been admitted as solicitors) after paragraph (1) insert—

(1A) The Society shall make regulations with respect to the education, training or experience to be undergone by solicitors seeking authorisation under Article 9A..

(3) After Article 9 insert—

Authorisation of Society conferring additional rights of audience

9A(1) A person who is qualified to act as a solicitor may apply to the Society for an authorisation under this Article.

(2) An application under paragraph (1)—

(a)shall be made in such manner as may be prescribed;

(b)shall be accompanied by such information as the Society may reasonably require for the purpose of determining the application; and

(c)shall be accompanied by such fee (if any) as may be prescribed.

(3) At any time after receiving the application and before determining it the Society may require the applicant to provide it with further information.

(4) The Society shall grant an authorisation under this Article if it appears to the Society, from the information furnished by the applicant and any other information it may have, that the applicant has complied with the requirements applicable to him by virtue of regulations under Article 6(1A).

(5) An authorisation granted to a person under this Article ceases to have effect if, and for so long as, that person is not qualified to act as a solicitor.

(6) The Society may by regulations provide that any person who has completed such education, training or experience as may be prescribed, before such date as may be prescribed shall be taken to hold an authorisation granted under this Article..

(4) In Article 10 (practising certificates and register of practising solicitors) after paragraph (2C) insert—

(2D) Every entry in the register shall include details of any authorisation granted under Article 9A to the solicitor to whom the entry relates..

Prospective

Rights of audience of solicitorsN.I.

89—(1) In section 106 of the Judicature (Northern Ireland) Act 1978 (c. 23) (rights of audience in the High Court and Court of Appeal) after subsection (3) insert—

(3A) A solicitor who holds an authorisation under Article 9A of the Solicitors (Northern Ireland) Order 1976 shall have the same right of audience in any proceedings in the High Court or Court of Appeal as counsel in those courts and any such right is in addition to any right of audience which a solicitor would have apart from this subsection..

(2) After Article 40 of the Solicitors (Northern Ireland) Order 1976 (NI 12) insert—

Duty to advise client as to representation in court

40A(1) Paragraph (2) applies where—

(a)it appears to a solicitor that a client requires, or is likely to require, legal representation in any proceedings in the High Court or the Court of Appeal;

(b)either—

(i)that solicitor is minded to arrange for another solicitor who is an authorised solicitor to provide that representation; or

(ii)that solicitor is an authorised solicitor and is minded to provide that representation; and

(c)in representing that client in the High Court or Court of Appeal, a solicitor would need to exercise the right of audience conferred by section 106(3A) of the Judicature (Northern Ireland) Act 1978.

(2) The solicitor must advise the client in writing—

(a)of the advantages and disadvantages of representation by an authorised solicitor and by counsel, respectively; and

(b)that the decision as to whether an authorised solicitor or counsel is to represent the client is entirely that of the client.

(3) The Society shall make regulations with respect to the giving of advice under paragraph (2).

(4) A solicitor shall—

(a)in advising a client under paragraph (2), act in the best interest of the client; and

(b)give effect to any decision of the client referred to in paragraph (2)(b).

(5) For the purposes of this Article compliance with paragraph (2) in relation to any proceedings in a court in any cause or matter is to be taken to be compliance with that paragraph in relation to any other proceedings in that court in the same cause or matter.

(6) If a solicitor contravenes this Article, any person may make a complaint in respect of the contravention to the Tribunal.

(7) In this Article and Article 40B “authorised solicitor” means a solicitor who holds an authorisation under Article 9A.

Duty to inform court as to compliance with Article 40A(2)

40B(1) Where—

(a)a solicitor has complied with Article 40A(2) in relation to the representation of a client in any proceedings in the High Court or Court of Appeal;

(b)that client is to be represented in those proceedings by an authorised solicitor; and

(c)in representing that client in those proceedings the authorised solicitor would need to exercise the right of audience conferred by section 106(3A) of the Judicature (Northern Ireland) Act 1978,

the solicitor shall inform the High Court or (as the case may be) the Court of Appeal of the fact mentioned in sub-paragraph (a) in such manner and before such time as rules of court may require.

(2) For the purposes of this Article compliance with paragraph (1) in relation to any proceedings in a court in any cause or matter is to be taken to be compliance with that paragraph in relation to any other proceedings in that court in the same cause or matter.

(3) If a solicitor contravenes paragraph (1), any person may make a complaint in respect of the contravention to the Tribunal..

(3) In Article 50 of the County Courts (Northern Ireland) Order 1980 (NI 3) (rights of audience) in paragraph (1)(c) omit the words “, but not a solicitor retained as an advocate by a solicitor so acting”.

Consequential and supplementary provisionsN.I.

90—(1) In Article 75 (regulations) of the Solicitors (Northern Ireland) Order 1976 (NI 12) after paragraph (2) insert—

(2A) Regulations under Article 6(1A), 9A(6) or 40A(3) also require the concurrence of the Department of Justice, given after consultation with the Attorney General.

(2B) The Department of Justice shall not grant its concurrence to any regulations under Article 6(1A) or 9A(6) unless regulations have been made under Article 40A(3) and are in operation..

(2) The Department may by order make such amendments to—

(a)the Criminal Appeal (Northern Ireland) Act 1980 (c. 47),

(b)the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8),

(c)the Access to Justice (Northern Ireland) Order 2003 (NI 10),

(d)section 184 of the Extradition Act 2003 (c. 41),

as appear to the Department to be necessary or expedient in consequence of, or for giving full effect to, the provisions of this Part.

PART 9 N.I.MISCELLANEOUS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Bail: repeat applicationN.I.

92—(1) This section applies where—

(a)a person has been remanded in custody by a magistrates' court and is held in custody;

(b)that person made an unsuccessful application for bail to that court; and

(c)there has been no such change of circumstances as would enable that court to hear another application for bail by that person.

(2) The person may apply to the Crown Court for bail.

(3) On an application under this section the Crown Court may grant bail.

Possession of offensive weapon with intent to commit an offenceN.I.

93—(1) A person who is in possession of an offensive weapon with intent to commit an indictable offence is guilty of an offence.

(2) In subsection (1) “offensive weapon” means any article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use.

(3) A person guilty of an offence under subsection (1) shall be liable—

(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 4 years, or to a fine, or to both.

Power of Department to make payments in relation to prevention of crime, etc.N.I.

94—(1) The Department may, with the consent of the Department of Finance and Personnel, make such payments to such persons as the Department considers appropriate in connection with measures intended to—

(a)prevent crime or reduce the fear of crime; or

(b)support the recovery of criminal assets and proceeds of crime.

(2) A payment under subsection (1) may be made on such conditions as the Department may, with the consent of the Department of Finance and Personnel, determine.

Prospective

Publication of material relating to legal proceedingsN.I.

95—(1) In section 12(4) of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private) at the end insert “ (and in particular where the publication is not so punishable by reason of being authorised by rules of court) ”.

(2) In Article 12(3) of the Family Law (Northern Ireland) Order 1993 (NI 6) (family proceedings rules) after sub-paragraph (h) insert—

(i)authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private..

(3) In Article 165(2) of the Children (Northern Ireland) Order 1995 (NI 2) (rules of court) after sub-paragraph (j) insert—

(k)authorising, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private..

(4) In Article 170(2) of the Children (Northern Ireland) Order 1995 (privacy for children involved in certain proceedings) after “publish” insert “ to the public at large or any section of the public ”.

Membership of Crown Court Rules CommitteeN.I.

96  In section 53(1) of the Judicature (Northern Ireland) Act 1978 (c. 23) (Crown Court Rules Committee) in paragraph (g) for “one other” substitute “ a ” and after paragraph (i) insert—

(j)a Public Prosecutor nominated by the Director of Public Prosecutions for Northern Ireland;

(k)a practising member of the Bar of Northern Ireland or a practising solicitor nominated by the Attorney General for Northern Ireland,.

Membership of Court of Judicature Rules CommitteeN.I.

97—(1) In section 54(1) of the Judicature (Northern Ireland) Act 1978 (Court of Judicature Rules Committee) in paragraph (d) for “one other” substitute “ a ”, omit the “and” at the end of paragraph (e) and after paragraph (f) insert—

(g)the Attorney General for Northern Ireland or a practising member of the Bar of Northern Ireland or a practising solicitor nominated by the Attorney General for Northern Ireland,.

(2) In section 73(1) of the Justice (Northern Ireland) Act 2002 (c. 26) omit the “and” at the end of the substituted paragraph (e) and after the substituted paragraph (f) insert—

(g)the Attorney General for Northern Ireland or a barrister or solicitor nominated by the Attorney General for Northern Ireland..

Funds in court: investment fees or expensesN.I.

98—(1) Section 81 of the Judicature (Northern Ireland) Act 1978 (investment of funds in court) is amended as follows.

(2) The existing provision becomes subsection (1) of that section.

(3) After that subsection insert—

(2) If the High Court or (as the case may be) the county court so orders, the power of the Accountant General under subsection (1)(a)(iii) or (iv) to invest a sum of money in the Court of Judicature or the county court in securities includes the power to pay out of that sum any fees or expenses which are—

(a)incurred in connection with, or for the purposes of, investing that sum; and

(b)of an amount or at a rate approved by the High Court or (as the case may be) the county court.

(3) A court shall not make an order under subsection (2) unless the court considers it necessary and proportionate in all the circumstances to do so.

(4) The High Court or (as the case may be) the county court may, on an application made to it, order that all or part of any sum paid by way of fees or expenses under subsection (2) be refunded where it appears to the court to be in the interests of justice to do so..

Appeals from Crown Court: Proceeds of Crime Act 2002N.I.

99  In section 9 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (appeal in cases dealt with by Crown Court) after subsection (3B) insert—

(3C) A person who—

(a)is convicted of any offence by a magistrates' court, and

(b)is committed by that court to the Crown Court under section 218 of the Proceeds of Crime Act 2002 in respect of that offence,

may appeal to the Court of Appeal against any sentence passed on him for that offence by the Crown Court..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Criminal conviction certificates to be given to employersN.I.

F6101  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Accounts of the Law CommissionN.I.

102  In paragraph 6 of Schedule 9 to the Justice (Northern Ireland) Act 2002 (c. 26) (accounts of the Northern Ireland Law Commission) omit the following provisions (which require the Comptroller and Auditor General for Northern Ireland to report on the accounts)—

(a)sub-paragraph (3)(b); and

(b)sub-paragraphs (4) and (4A).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Restrictions on use of shotguns by young personsN.I.

F7104  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

Restrictions on possession of air guns by young personsN.I.

F8105  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 10 N.I.SUPPLEMENTARY PROVISIONS

Supplementary, incidental, consequential and transitional provision, etcN.I.

106—(1) The Department may by order make—

(a)such supplementary, incidental or consequential provision,

(b)such transitory, transitional or saving provision,

as it considers appropriate for the general purposes, or any particular purpose, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

(2) An order under subsection (1) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).

(3) In subsection (2) “modify” includes the making of additions, omissions, exceptions and amendments.

(4) Nothing in this Act affects the generality of the power conferred by this section.

(5) No order may be made under subsection (1) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.

Regulations and ordersN.I.

107—(1) Regulations made by the Department under this Act are subject to negative resolution.

(2) Subject to subsection (3), orders made by the Department under this Act are subject to negative resolution.

(3) Subsection (2) does not apply to—

(a)an order under section 1(7), 5(1)(c), 6(3), 40(8), 59(2), 77(5) or 111(3), paragraph 7(3) of Schedule 1 or paragraph 7(3) of Schedule 2;

(b)an order under subsection (1) of section 106 to which subsection (5) of that section applies.

(4) Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.

InterpretationN.I.

108  In this Act—

the Department” means the Department of Justice;

statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

Transitional provisions and savingsN.I.

109  Schedule 6 (which contains transitional provisions and savings) has effect.

Commencement Information

I3S. 109 wholly in operation at 5.5.2011; s. 109 in operation at 5.5.2011 see s. 111(1)(e); s. 109 in operation for specified purposes at 5.7.2011 by S.R. 2011/224, art. 2(g)

Minor and consequential amendments and repealsN.I.

110—(1) The statutory provisions set out in Schedule 7 have effect subject to the minor and consequential amendments specified in that Schedule.

(2) The statutory provisions set out in Schedule 8 are repealed to the extent specified in the second column of that Schedule.

Commencement Information

I4S. 110 partly in force; s. 110 in force for specified purposes at 5.5.2011 and 5.7.2011 see s. 111(1)(h)(i)(2)(c)(d); s. 110 in operation for specified purposes at 5.7.2011 by S.R. 2011/224, art. 2(h); s. 110 in operation for specified purposes at 1.1.2012 by S.R. 2011/370, art. 3(g)

CommencementN.I.

111—(1) The following provisions of this Act come into operation on the day after this Act receives Royal Assent—

(a)section 52;

(b)section 57;

(c)sections 93 and 94;

(d)section 102 and 106 to 108;

(e)section 109 and Schedule 6;

(f)this section;

(g)section 112;

(h)paragraphs 1, 3, 5 and 11 of Schedule 7 (and section 110(1) so far as relating to those paragraphs);

(i)in Part 5 of Schedule 8, the repeals in the Vagrancy Act 1824 (c. 83), the Criminal Justice Act 1988 (c. 33), the Justice (Northern Ireland) Act 2002 (c. 26) and the Criminal Justice (Northern Ireland) Order 2008 (NI 1) (and section 110(2) so far as relating to those repeals).

(2) The following provisions of this Act come into operation two months after the day on which this Act receives Royal Assent—

(a)section 51;

(b)section 53;

(c)paragraphs 12 and 15 of Schedule 7 (and section 110(1) so far as relating to those paragraphs);

(d)in Part 5 of Schedule 8, the repeals in the Offences against the Person Act 1861 (c. 100), the Sexual Offences Act 2003 (c. 42) and the Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 (NI 14) (and section 110(2) so far as relating to those repeals).

(3) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

(4) Without prejudice to section 107(4), an order under subsection (3) may contain such transitional or transitory modifications of this Act as appear to the Department to be necessary or expedient in connection with any provision brought into operation by the order.

Subordinate Legislation Made

P1S. 111(3) power partly exercised: different dates appointed for specified provisions by S.R. 2011/224, arts. 2, 3

S. 111(3) power partly exercised: different dates appointed for specified provisions by S.R. 2011/370, arts. 2, 3

Short titleN.I.

112  This Act may be cited as the Justice Act (Northern Ireland) 2011.

SCHEDULES

Section 20.

SCHEDULE 1N.I.POLICING AND COMMUNITY SAFETY PARTNERSHIPS

InterpretationN.I.

1—(1) In this Schedule, in relation to a PCSP—N.I.

independent member” means a member appointed under paragraph 4;

political member” means a member appointed under paragraph 3.

(2) In this Schedule “local general election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (c. 14).

(3) In this Schedule a “declaration against terrorism” means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989 (c. 3), with the substitution of the words “if appointed” for the words “if elected”.

(4) In this Schedule, in relation to a PCSP and the holding of a local general election—

the transitional period” means the period—

(a)

beginning with the election day; and

(b)

ending with the day before the reconstitution date;

reconstitution date” means the date published by notice of the Policing Board under paragraph 4(4).

(5) For the purposes of this Schedule an independent member of a council shall be treated as a party.

CompositionN.I.

2  A PCSP shall consist of—N.I.

(a)political members appointed under paragraph 3;

(b)independent members appointed under paragraph 4; and

(c)representatives nominated by organisations designated under paragraph 7.

Political membersN.I.

3—(1) There shall be 8, 9 or 10 political members, as the council may determine.N.I.

(2) In making a determination under sub-paragraph (1), the council shall have regard to—

(a)the number of members constituting the council; and

(b)the duty imposed by sub-paragraph (3).

(3) A council shall exercise its power to appoint political members so as to ensure that, so far as practicable, the political members reflect the balance of parties prevailing among the members of the council immediately after the last local general election.

(4) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a political member in accordance with the terms of that person's appointment.

(5) A political member shall hold office until the day before the reconstitution date next following that member's appointment.

(6) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place that person is appointed.

(7) A political member (“P”) shall cease to hold office if—

(a)P resigns by notice in writing to the council;

(b)P becomes disqualified for membership of the PCSP; or

(c)P ceases to be a member of the council.

(8) A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment.

(9) Where a political member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and sub-paragraphs (1) and (3) shall have effect subject to this sub-paragraph.

Independent membersN.I.

4—(1) The number of independent members shall be one less than the number of political members.N.I.

(2) Appointments of independent members shall be made by the Policing Board from among persons nominated by the council in accordance with paragraph 5.

(3) In appointing independent members the Policing Board shall so far as practicable secure that the members of the PCSP (taken together) are representative of the community in the district.

(4) Where following a local general election the Policing Board has completed the arrangements for the appointment of the independent members of the PCSP for a district, it shall publish notice of the date which is to be the reconstitution date in relation to the PCSP for that district.

(5) Notice under sub-paragraph (4) shall be published in such manner as appears to the Policing Board appropriate for bringing it to the attention of interested persons.

(6) Subject to the following provisions of this paragraph, a person shall hold and vacate office as an independent member in accordance with the terms of that person's appointment.

(7) An independent member shall hold office until the day before the reconstitution date next following the member's appointment.

(8) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place that person is appointed.

(9) An independent member shall cease to hold office if that member—

(a)resigns by notice in writing to the council; or

(b)becomes disqualified for membership of the PCSP.

(10) A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.

(11) Where an independent member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and sub-paragraphs (1) and (3) shall have effect subject to this sub-paragraph.

5—(1) Where appointments are to be made of independent members, the council shall nominate persons willing to be candidates for appointment.N.I.

(2) Unless otherwise agreed with the Policing Board, the number of persons to be nominated under sub-paragraph (1) on any occasion shall be twice the number of appointments to be made of independent members.

(3) The council shall notify the Policing Board of—

(a)the name of each person nominated by it under sub-paragraph (1); and

(b)such other information regarding those persons as it considers appropriate.

(4) A person shall not be nominated under sub-paragraph (1) if that person—

(a)is disqualified for membership of the PCSP; or

(b)has not made a declaration against terrorism.

(5) Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Policing Board may itself nominate such number of candidates as, when added to the number nominated by the council, equals twice the number of appointments to be made.

(6) If the Policing Board does so, paragraph 4(2) shall have effect as if those persons had been nominated by the council.

6—(1) In exercising functions under paragraphs 4 and 5, a council and the Policing Board shall have regard to any code of practice under this paragraph.N.I.

(2) The Department may issue, and from time to time revise, a code of practice containing guidance as to the exercise by councils and the Policing Board of their functions under paragraphs 4 and 5.

(3) Before issuing, or revising, a code of practice under this paragraph, the Department shall consult—

(a)the Policing Board;

(b)district councils; and

(c)the Equality Commission for Northern Ireland.

(4) The Department shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to the Department to be appropriate.

Representatives of designated organisationsN.I.

7—(1) A PCSP must designate at least 4 organisations for the purposes of this paragraph.N.I.

(2) A PCSP may at any time revoke a designation under sub-paragraph (1).

(3) The Department may by order designate organisations for the purposes of this paragraph.

(4) No order may be made under sub-paragraph (3) unless—

(a)the Department has consulted each PCSP; and

(b)a draft of the order has been laid before, and approved by a resolution of, the Assembly.

(5) An organisation for the time being designated by a PCSP or by an order under sub-paragraph (3) must nominate a person to attend a meeting of the PCSP or a committee appointed under paragraph 14.

(6) A person who is so nominated and attends a meeting is to be treated as a member of the PCSP or the committee.

Removal of membersN.I.

8— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

DisqualificationN.I.

9— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Chair and vice-chairN.I.

10—(1) For each PCSP there shall be—N.I.

(a)a chair appointed by the council from among the political members; and

(b)a vice-chair elected by the independent members from among such members.

(2) In appointing to the office of chair, the council shall ensure that, so far as practicable—

(a)a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's appointment;

(b)that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.

(3) A person may at any time resign as chair or vice-chair by notice in writing to the PCSP.

(4) If the person holding office as chair or vice-chair ceases to be a member of the PCSP, that person shall also cease to hold that office.

Procedure of PCSPN.I.

11—(1) The quorum for a meeting of a PCSP shall be one-quarter of the total number of members.N.I.

(2) Every question at a meeting of a PCSP shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a PCSP, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a PCSP may regulate its own procedure.

Policing committee: constitutionN.I.

12—(1) For each PCSP there shall be a policing committee consisting of—N.I.

(a)the political members; and

(b)the independent members.

(2) For each policing committee there shall be—

(a)a chair who shall be the person who is for the time being chair of the PCSP; and

(b)a vice-chair elected by the independent members from among such members.

(3) The election of the vice-chair shall be conducted in accordance with procedures determined by the policing committee under paragraph 13(4).

(4) Subject to the following provisions of this paragraph, a person shall hold and vacate office as vice-chair in accordance with such terms as the Policing Board may determine.

(5) In determining terms under sub-paragraph (4), the Policing Board shall ensure that, so far as practicable, a person holds office as vice-chair for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's election to that office.

(6) A person may at any time resign as vice-chair by notice in writing to the Policing Board.

(7) If the person holding office as chair or vice-chair ceases to be a member of the policing committee, that person shall also cease to hold that office.

Policing committee: procedureN.I.

13—(1) The quorum for a meeting of a policing committee shall be 5.N.I.

(2) Every question at a meeting of a policing committee shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a policing committee, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a policing committee may regulate its own procedure.

(5) A policing committee may—

(a)constitute sub-committees of such 5 or more of its members as the policing committee may appoint; and

(b)delegate to a sub-committee so constituted any of the functions exercisable by the policing committee.

(6) The powers of any sub-committee of a policing committee shall be exercised, and the proceedings of the sub-committee shall be regulated, in accordance with and subject to directions given by the policing committee.

Other committeesN.I.

14—(1) A PCSP may—N.I.

(a)constitute other committees of such 5 or more of its members as the PCSP may appoint; and

(b)delegate to a committee so constituted any of the functions of the PCSP (other than a restricted function).

(2) A committee appointed under this paragraph may co-opt to the committee persons who are not members of the committee or the PCSP.

(3) A person co-opted under sub-paragraph (2) may not vote on any matter, but otherwise is to be treated as a member of the committee.

(4) The powers of any committee appointed under this paragraph shall be exercised, and the proceedings of the committee shall be regulated, in accordance with and subject to directions given by the PCSP.

IndemnitiesN.I.

15  The council may indemnify a member of a PCSP in respect of liability incurred by that member in connection with the business of the PCSP.N.I.

Insurance against accidentsN.I.

16—(1) The council may insure against risks of a member of the PCSP meeting with a personal accident, whether fatal or not, while engaged on the business of the PCSP.N.I.

(2) Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the PCSP.

(3) The council shall pay the sum to the member or the member's personal representatives, after deducting any expenses incurred in its recovery.

(4) The provisions of the Life Assurance Act 1774 (c. 48) as extended by the Life Insurance (Ireland) Act 1866 (c. 42) do not apply to any insurance under this paragraph.

ExpensesN.I.

17  The council may pay to members of a PCSP such expenses as the council may determine.N.I.

FinanceN.I.

18—(1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with PCSPs.N.I.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a)shall be paid at such time, or in instalments of such amounts and at such times, and

(b)shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.

Validity of proceedingsN.I.

19  The validity of any proceedings of a PCSP or a committee of a PCSP shall not be affected by—N.I.

(a)any defect in the appointment of any member or in the appointment or election of the chair or vice-chair; or

(b)any vacancy in the office of chair or vice-chair or among the other members.

Disclosure of pecuniary interests, family connections, etc.N.I.

20  Sections 28 to 33, 42, 46, 47 and 146 of the Local Government Act (Northern Ireland) 1972 (c. 9) (and section 148 of that Act so far as applying for the interpretation of those sections) apply to a PCSP and its members as if—N.I.

(a)in those sections—

(i)any reference to a council were a reference to the PCSP;

(ii)any reference to a councillor were a reference to a member of the PCSP;

(iii)any reference to the clerk of the council were a reference to the person acting as secretary of the PCSP;

(b)in section 28(4) of that Act for the words from “by any local elector” to the end there were substituted the words “ by any person ”;

(c)in section 29 of that Act any reference to the Minister were a reference to the Department.

Joint PCSPsN.I.

21—(1) The Department may by order provide that two or more councils may by agreement establish a single PCSP for their districts.N.I.

(2) An order under this paragraph may—

(a)provide for Part 3, this Schedule and Schedule 2 to have effect in relation to—

(i)the councils in question and their districts, and

(ii)any PCSP established by virtue of this paragraph,

with such modifications as the Department thinks necessary or expedient;

(b)make such other provision as the Department thinks necessary or expedient for the proper functioning of any such PCSP.

(3) Before making an order under this paragraph, the Department shall consult—

(a)the Policing Board; and

(b)any council affected by the order.

Belfast PCSPN.I.

22—(1) The preceding paragraphs of this Schedule have effect in relation to the PCSP for the district of Belfast with the following modifications.N.I.

(2) In paragraph 3 after sub-paragraph (3) insert—

(3A) The members of the PCSP who are appointed by the council in accordance with this paragraph shall include the persons who hold the office of chair of each of the DPCSPs..

(3) In paragraph 5 after sub-paragraph (3) insert—

(3A) In relation to each person nominated by it under sub-paragraph (1) the council shall also notify the Policing Board of—

(a)whether the person is also willing to be a candidate for appointment as an independent member of a DPCSP;

(b)if the person is so willing, the DPCSP or DPCSPs concerned..

Section 20.

SCHEDULE 2N.I.DISTRICT POLICING AND COMMUNITY SAFETY PARTNERSHIPS

InterpretationN.I.

1—(1) In this Schedule, in relation to a DPCSP—N.I.

independent member” means a member appointed under paragraph 4;

political member” means a member appointed under paragraph 3.

(2) In this Schedule “local general election” has the same meaning as in the Electoral Law Act (Northern Ireland) 1962 (c. 14).

(3) In this Schedule a “declaration against terrorism” means a declaration in the form set out in Part 1 of Schedule 2 to the Elected Authorities (Northern Ireland) Act 1989 (c. 3), with the substitution of the words “if appointed” for the words “if elected”.

(4) In this Schedule, in relation to a DPCSP and the holding of a local general election—

the transitional period” means the period—

(a)

beginning with the election day; and

(b)

ending with the day before the reconstitution date;

reconstitution date” means the date published by notice of the Policing Board under paragraph 4(3).

(5) For the purposes of this Schedule an independent member of a council shall be treated as a party.

CompositionN.I.

2—(1) A DPCSP shall consist of—N.I.

(a)6 political members appointed under paragraph 3;

(b)5 independent members appointed under paragraph 4; and

(c)representatives nominated by organisations designated under paragraph 7.

(2) The members of a DPCSP need not be members of the principal PCSP.

Political membersN.I.

3—(1) The council shall exercise its power to appoint political members so as to ensure that, so far as practicable, the political members of all the DPCSPs, taken together, reflect the balance of parties prevailing among the members of the council immediately after the last local general election.N.I.

(2) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a political member in accordance with the terms of that person's appointment.

(3) A political member shall hold office until the day before the reconstitution date next following that member's appointment.

(4) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the political member in whose place that person is appointed.

(5) A political member (“P”) shall cease to hold office if—

(a)P resigns by notice in writing to the council;

(b)P becomes disqualified for membership of the DPCSP; or

(c)P ceases to be a member of the council.

(6) A person whose term of office as a political member expires or who has resigned shall be eligible for re-appointment.

(7) Where a political member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2(1) and sub-paragraph (1) of this paragraph shall have effect subject to this sub-paragraph.

Independent membersN.I.

4—(1) Appointments of independent members shall be made by the Policing Board from among persons nominated by the council in accordance with paragraph 5.N.I.

(2) In appointing independent members the Policing Board shall so far as practicable secure that the members of the DPCSP (taken together) are representative of the community in the DPCSP's police district.

(3) Where, following a local general election, the Policing Board has completed the arrangements for the appointment of the independent members of the DPCSP for a police district, it shall publish notice of the date which is to be the reconstitution date in relation to the DPCSP for that police district.

(4) Notice under sub-paragraph (3) shall be published in such manner as appears to the Policing Board appropriate for bringing it to the attention of interested persons.

(5) Subject to the following provisions of this paragraph, a person shall hold and vacate office as an independent member in accordance with the terms of that person's appointment.

(6) An independent member shall hold office until the day before the reconstitution date next following the member's appointment.

(7) A person appointed to fill a casual vacancy shall hold office for the remainder of the term of the independent member in whose place that person is appointed.

(8) An independent member shall cease to hold office if that member—

(a)resigns by notice in writing to the council; or

(b)becomes disqualified for membership of the DPCSP.

(9) A person whose term of office as an independent member expires or who has resigned shall be eligible for re-appointment.

(10) Where an independent member ceases to hold office at any time during the transitional period, no appointment shall be made to fill the casual vacancy; and paragraph 2(1) and sub-paragraphs (1) and (2) of this paragraph shall have effect subject to this sub-paragraph.

5—(1) Where appointments are to be made of independent members of a DPCSP, the council shall nominate persons willing to be candidates for appointment.N.I.

(2) Unless otherwise agreed with the Policing Board, the number of persons to be nominated under sub-paragraph (1) on any occasion shall be twice the number of appointments to be made of independent members.

(3) The council shall notify the Policing Board of—

(a)the name of each person nominated by it under sub-paragraph (1); and

(b)such other information regarding those persons as it considers appropriate.

(4) In relation to each person nominated by it under sub-paragraph (1) the council shall also notify the Policing Board of—

(a)whether the person is also willing to be a candidate for appointment as an independent member of any other DPCSP;

(b)if the person is so willing, the DPCSP or DPCSPs concerned;

(c)whether the person is also willing to be a candidate for appointment as an independent member of the principal PCSP.

(5) A person shall not be nominated under sub-paragraph (1) if that person—

(a)is disqualified for membership of the DPCSP, or

(b)has not made a declaration against terrorism.

(6) Where the number of persons nominated by the council is less than twice the number of appointments to be made, the Policing Board may itself nominate such number of candidates as when added to the number nominated by the council equals twice the number of appointments to be made.

(7) If the Policing Board does so, paragraph 4(1) shall have effect as if those persons had been nominated by the council.

6—(1) In exercising functions under paragraphs 4 and 5, the council and the Policing Board shall have regard to any code of practice under this paragraph.N.I.

(2) The Department may issue, and from time to time revise, a code of practice containing guidance as to the exercise by the council and the Policing Board of their functions under paragraphs 4 and 5.

(3) Before issuing or revising a code of practice under this paragraph, the Department shall consult—

(a)the Policing Board;

(b)the council; and

(c)the Equality Commission for Northern Ireland.

(4) The Department shall arrange for any code of practice issued or revised under this paragraph to be published in such manner as appears to the Department to be appropriate.

Representatives of designated organisationsN.I.

7—(1) A DPCSP must designate at least 4 organisations for the purposes of this paragraph.N.I.

(2) A DPCSP may at any time revoke a designation under sub-paragraph (1).

(3) The Department may by order designate organisations for the purposes of this paragraph.

(4) No order may be made under sub-paragraph (3) unless—

(a)the Department has consulted each DPCSP; and

(b)a draft of the order has been laid before, and approved by a resolution of, the Assembly.

(5) An organisation for the time being designated by a DPCSP or by an order under sub-paragraph (3) must nominate a person to attend a meeting of the DPCSP or a committee appointed under paragraph 14.

(6) A person who is so nominated and attends a meeting is to be treated as a member of the DPCSP or the committee.

Removal of membersN.I.

8— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

DisqualificationN.I.

9— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Chair and vice-chairN.I.

10—(1) For each DPCSP there shall be—N.I.

(a)a chair appointed by the council from among the political members; and

(b)a vice-chair elected by the independent members from among such members.

(2) In appointing to the office of chair, the council shall ensure that, so far as is practicable—

(a)a person is appointed to that office for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's appointment;

(b)that office is held in turn by each of the four largest parties represented on the council immediately after the last local general election.

(3) A person may at any time resign as chair or vice-chair by notice in writing to the DPCSP.

(4) If the person holding office as chair or vice-chair ceases to be a member of the DPCSP, that person shall also cease to hold that office.

Procedure of DPCSPN.I.

11—(1) The quorum for a meeting of a DPCSP shall be one-quarter of the total number of members.N.I.

(2) Every question at a meeting of a DPCSP shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a DPCSP, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a DPCSP may regulate its own procedure.

Policing committee: constitutionN.I.

12—(1) For each DPCSP there shall be a policing committee consisting of—N.I.

(a)the political members; and

(b)the independent members.

(2) For each policing committee there shall be—

(a)a chair who shall be the person who is for the time being chair of the DPCSP; and

(b)a vice-chair elected by the independent members from among such members.

(3) The election of the vice-chair shall be conducted in accordance with procedures determined by the policing committee under paragraph 13(4).

(4) Subject to the following provisions of this paragraph, a person shall hold and vacate office as vice-chair in accordance with such terms as the Policing Board may determine.

(5) In determining terms under sub-paragraph (4), the Policing Board shall ensure that, so far as practicable, a person holds office as vice-chair for a term of 12 months at a time or, where that period is shorter than 18 months, for a period ending with the reconstitution date next following that person's election to that office.

(6) A person may at any time resign as vice-chair by notice in writing to the Policing Board.

(7) If the person holding office as chair or vice-chair ceases to be a member of the policing committee, that person shall also cease to hold that office.

Policing committee: procedureN.I.

13—(1) The quorum for a meeting of a policing committee shall be 5.N.I.

(2) Every question at a meeting of a policing committee shall be determined by a majority of the votes of the members present and voting on the question, and in the case of an equal division of the votes, the chair of the meeting shall have a second or casting vote.

(3) If the chair and vice-chair are absent from a meeting of a policing committee, the members present shall elect one of their number to act as chair of the meeting.

(4) Subject to sub-paragraphs (1) to (3) and to section 23, a policing committee may regulate its own procedure.

(5) A policing committee may—

(a)constitute committees of such 5 or more of its members as the policing committee may appoint; and

(b)delegate to a committee so constituted any of the functions exercisable by the policing committee.

(6) The powers of any sub-committee of a policing committee shall be exercised, and the proceedings of the sub-committee shall be regulated, in accordance with and subject to directions given by the policing committee.

Other committeesN.I.

14—(1) A DPCSP may constitute other committees of its members; and references in this paragraph to a committee are to a committee so constituted.N.I.

(2) A DPCSP shall constitute a committee of its members if directed to do so by the principal PCSP.

(3) A committee of a DPCSP shall consist of 5 or more members of the DPCSP.

(4) The members of a committee of a DPCSP shall be appointed by the DPCSP.

(5) A DPCSP may delegate any of its functions (other than restricted functions) to a committee constituted by it.

(6) The powers of a committee of a DPCSP shall be exercised in accordance with and subject to directions given by the DPCSP.

(7) The proceedings of a committee of a DPCSP shall be regulated in accordance with and subject to directions given by the DPCSP.

(8) The approval of the principal PCSP is required to—

(a)the constitution of a committee under sub-paragraph (1);

(b)the members of a committee of a DPCSP to be appointed under sub-paragraph (4);

(c)the functions to be delegated to a committee under sub-paragraph (5);

(d)the exercise by a committee of any functions delegated to it under sub-paragraph (5);

(e)the directions to be given to a committee under sub-paragraphs (6) and (7).

IndemnitiesN.I.

15  The council may indemnify a member of a DPCSP in respect of liability incurred by that member in connection with the business of the DPCSP.N.I.

Insurance against accidentsN.I.

16—(1) The council may insure against risks of a member of the DPCSP meeting with a personal accident, whether fatal or not, while engaged on the business of the DPCSP.N.I.

(2) Sub-paragraph (3) applies if the council receives a sum under any such insurance in respect of an accident to a member of the DPCSP.

(3) The council shall pay the sum to the member or the member's personal representatives, after deducting any expenses incurred in its recovery.

(4) The provisions of the Life Assurance Act 1774 (c. 48) as extended by the Life Insurance (Ireland) Act 1866 (c. 42) do not apply to any insurance under this paragraph.

ExpensesN.I.

17  The council may pay to members of a DPCSP such expenses as the council may determine.N.I.

FinanceN.I.

18—(1) The Department and the Policing Board shall for each financial year make to the council grants of such amounts as the joint committee may determine for defraying or contributing towards the expenses of the council in that year in connection with DPCSPs.N.I.

(2) A grant made by the Department or the Policing Board under this paragraph—

(a)shall be paid at such time, or in instalments of such amounts and at such times, and

(b)shall be made on such conditions,

as the joint committee may determine.

(3) A time determined under sub-paragraph (2)(a) may fall within or after the financial year concerned.

Validity of proceedingsN.I.

19  The validity of any proceedings of a DPCSP or a committee of a DPCSP shall not be affected by—N.I.

(a)any defect in the appointment of any member or in the appointment or election of the chair or vice-chair; or

(b)any vacancy in the office of chair or vice-chair or among the other members.

Disclosure of pecuniary interests, family connections, etc.N.I.

20  Sections 28 to 33, 42, 46, 47 and 146 of the Local Government Act (Northern Ireland) 1972 (c. 9) (and section 148 of that Act so far as applying for the interpretation of those sections) apply to a DPCSP and its members as if—N.I.

(a)in those sections—

(i)any reference to a council were a reference to the DPCSP;

(ii)any reference to a councillor were a reference to a member of the DPCSP;

(iii)anyreference to the clerk of the council were a reference to the person acting as secretary of the DPCSP;

(b)in section 28(4) of that Act for the words from “by any local elector” to the end there were substituted the words “ by any person ”;

(c)in section 29 of that Act any reference to the Minister were a reference to the Department.

Section 35.

SCHEDULE 3N.I.REGULATED MATCHES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 59.

SCHEDULE 4N.I.PENALTY OFFENCES AND PENALTIES

Offence Penalty
An offence under section 9 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (indecent behaviour) £40
An offence under section 1 of the Theft Act (Northern Ireland) 1969 (c. 16) (theft) £80
An offence under Article 3(1) of the Criminal Damage (Northern Ireland) Order 1977 (NI 4) (criminal damage) £80
An offence under Article 10(1) of the Criminal Justice (Northern Ireland) Order 1980 (NI 6) (drunk in a public place) £40
An offence under Article 18(1)(a) of the Public Order (Northern Ireland) Order 1987 (NI 7) (disorderly behaviour) £80
An offence under Article 18(1)(b) of the Public Order (Northern Ireland) Order 1987 (NI 7) (behaviour likely to cause a breach of the peace) £80
An offence under section 66(1) of the Police (Northern Ireland) Act 1998 (c. 32) where it is alleged that the accused resisted, obstructed or impeded a constable £80

Prospective

Section 87.

SCHEDULE 5N.I.ENHANCED LEGAL AID FEES FOR CERTAIN SOLICITORS

Power to provide for enhanced feeN.I.

1—(1) Regulations under Article 22 or 36 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8) or an order under Schedule 2 to that Order may provide for the payment of an enhanced fee to a solicitor who—N.I.

(a)exercises a right of audience in a court or tribunal to which this Schedule applies;

(b)has been accredited by the Law Society under paragraph 2 in relation to that court or tribunal; and

(c)complied with the duties in paragraph 3.

(2) This Schedule applies to—

(a)the Crown Court;

(b)a county court;

(c)a magistrates' court; and

(d)a tribunal to which sub-paragraph (3) applies.

(3) This sub-paragraph applies to a tribunal if—

(a)it is a tribunal mentioned in Part 1 of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8); or

(b)assistance by way of representation may be approved under Article 5 of that Order in respect of proceedings before the tribunal.

Accreditation of solicitorsN.I.

2—(1) The Law Society shall make regulations with respect to the education, training and experience to be undergone by solicitors seeking accreditation for the purposes of this paragraph in relation to a court or tribunal to which this Schedule applies.N.I.

(2) A person who is qualified to act as a solicitor may apply to the Law Society for accreditation under this paragraph in relation to a court or tribunal to which this Schedule applies.

(3) An application under sub-paragraph (2)—

(a)shall be made in such manner as may be prescribed;

(b)shall be accompanied by such information as the Law Society may reasonably require for the purpose of determining the application; and

(c)shall be accompanied by such fee (if any) as may be prescribed.

(4) At any time after receiving the application and before determining it the Law Society may require the applicant to provide it with further information.

(5) The Law Society shall grant accreditation under this paragraph in relation to a court or tribunal if it appears to the Law Society, from the information furnished by the applicant and any other information it may have, that the applicant has complied with the requirements applicable to the applicant in relation to that court or tribunal by virtue of regulations under sub-paragraph (1).

(6) Accreditation granted to a person under this paragraph ceases to have effect if, and for so long as, that person is not qualified to act as a solicitor.

(7) The Law Society may by regulations provide that any person who has completed such education, training or experience as may be prescribed, before such date as may be prescribed shall be taken to be accredited under this paragraph in relation to a prescribed court or tribunal.

(8) Every entry in the register kept under Article 10 of the Solicitors (Northern Ireland) Order 1976 (NI 12) shall include details of any accreditation granted under this paragraph to the solicitor to whom the entry relates.

Duties of solicitorN.I.

3—(1) Sub-paragraph (2) applies where—N.I.

(a)either—

(i)a criminal aid certificate or civil aid certificate is granted under the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 to a person in any proceedings in a court or tribunal to which this Schedule applies; or

(ii)assistance by way of representation is approved in respect of a person under Article 5 of that Order in relation to proceedings in such a court or tribunal;

(b)that certificate or approval entitles that person (“the client”) to be represented by counsel or by a solicitor accredited under paragraph 2 in relation to that court or tribunal; and

(c)either—

(i)the client's solicitor is minded to arrange for another solicitor who is accredited in relation to that court or tribunal to provide that representation; or

(ii)the client's solicitor is accredited in relation to that court or tribunal and is minded to provide that representation.

(2) The client's solicitor must advise the client in writing—

(a)of the advantages and disadvantages of representation by an accredited solicitor and by counsel, respectively; and

(b)that the decision as to whether an accredited solicitor or counsel is to represent the client is entirely that of the client.

(3) The Law Society shall make regulations with respect to the giving of advice under sub-paragraph (2).

(4) A solicitor shall—

(a)in advising a client under sub-paragraph (2), act in the best interest of the client; and

(b)give effect to any decision of the client referred to in sub-paragraph (2)(b).

(5) Where—

(a)a solicitor has complied with sub-paragraph (2) in relation to the representation of a client in any proceedings in a court or tribunal, and

(b)that client is to be represented in those proceedings by an accredited solicitor,

the solicitor shall inform the court or tribunal of the fact mentioned in paragraph (a) in such manner and before such time as the relevant rules may require.

(6) For the purposes of this paragraph compliance with sub-paragraph (2) or (5) in relation to any proceedings in a court or tribunal in any cause or matter is to be taken to be compliance with that sub-paragraph in relation to any other proceedings in that court in the same cause or matter.

(7) If a solicitor contravenes this paragraph, any person may make a complaint in respect of the contravention to the Solicitors Disciplinary Tribunal.

RegulationsN.I.

4—(1) Regulations under this Schedule require the concurrence of—N.I.

(a)the Lord Chief Justice; and

(b)the Department, given after consultation with the Attorney General.

(2) The Department shall not grant its concurrence to any regulations under paragraph 2(1) or 2(7) unless regulations have been made under paragraph 3(3) and are in operation.

Consequential amendmentsN.I.

5  The Department may by order make such amendments to—N.I.

(a)the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (NI 8); or

(b)Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 (NI 10),

as appear to the Department to be necessary or expedient in consequence of, or for giving full effect to, the provisions of this Schedule.

InterpretationN.I.

6  In this Schedule—N.I.

accredited solicitor”, in relation to any court or tribunal, means a solicitor who is accredited under paragraph 2 in relation to that court or tribunal;

the client” has the meaning given in paragraph 3(1)(b);

the Law Society” means the Incorporated Law Society of Northern Ireland;

prescribed” means prescribed by regulations made by the Law Society;

relevant rules” means—

(a)

in relation to the Crown Court, Crown Court rules,

(b)

in relation to a county court, county court rules or family proceedings rules,

(c)

in relation to a magistrates' court, magistrates' courts rules,

(d)

in relation to a tribunal, the rules regulating the practice and procedure of the tribunal.

Section 109.

SCHEDULE 6N.I.TRANSITIONAL AND SAVING PROVISIONS

Offender levyN.I.

1  A provision in Chapter 1 of Part 1 does not apply in relation to an offence committed before the commencement of that provision.N.I.

Vulnerable and intimidated witnessesN.I.

2—(1) The amendments made by sections 7 to 11 apply to proceedings instituted before the commencement of the amendment in question.N.I.

(2) But the amendments made by sections 7 to 11 do not affect the continued operation of a special measures direction given before the commencement of the amendment in question.

(3) Sub-paragraph (2) does not prevent an amendment made by sections 7 to 11 from applying after its commencement to—

(a)the variation under Article 8 of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) of a special measures direction that was given in relation to a witness before the commencement of the amendment, and

(b)the giving of a new special measures direction in relation to a witness (including the giving of a new direction in a case where a special measures direction given in relation to the witness in question has been discharged under Article 8 of that Order after the commencement of the amendment).

(4) In this paragraph “special measures direction” means a direction under Article 7 of the Criminal Evidence (Northern Ireland) Order 1999.

Banning ordersN.I.

3  A banning order may not be made under section 41 where the offence mentioned in subsection (1) of that section was committed before the commencement of that section.N.I.

Increase in penaltiesN.I.

4—(1) Section 51(2) does not apply in relation to an offence committed before the commencement of that subsection.N.I.

(2) Section 52 does not apply in relation to an offence committed before the commencement of that section.

Conditions of sex offender licenceN.I.

5  Section 54 applies in relation to offenders released on licence under Article 26 of the Criminal Justice (Northern Ireland) Order 1996 (NI 24) before the commencement of that section, but does not apply in relation to a failure to comply with a condition of a licence which occurs before that commencement.N.I.

Commencement Information

I14Sch. 6 para. 5 wholly in operation at 5.5.2011; Sch. 6 para. 5 in operation at 5.5.2011 see s. 111(1)(e); Sch. 6 para. 5 in operation at 5.7.2011 by S.R. 2011/224, art. 2(i)

Serious and specified offencesN.I.

6  Section 57 does not apply in relation to an offence committed before the commencement of that section.N.I.

Alternatives to prosecutionN.I.

7  A provision in Chapter 1 or 2 of Part 6 does not apply in relation to an offence committed before the commencement of that provision.N.I.

Witness summonsesN.I.

8  Section 100 applies in relation to any criminal proceedings before a magistrates' court for the purposes of which no summons requiring the attendance of a witness has been issued before the commencement of that section.N.I.

Accounts of the Law CommissionN.I.

9  Section 102 applies in relation to accounts for the financial year in which that section comes into operation and subsequent financial years.N.I.

Section 110.

SCHEDULE 7N.I.MINOR AND CONSEQUENTIAL AMENDMENTS

The Vagrancy Act 1824 (c. 83)N.I.

1  In section 4(i) of the Vagrancy Act 1824 for “arrestable offence” substitute “ indictable offence ”.N.I.

The Judicature (Northern Ireland) Act 1978 (c. 23)N.I.

2  In section 82(1) (rules as to funds in court)—N.I.

(a)in paragraphs (c) and (d) for “81(b)(ii)” substitute “ 81(1)(b)(ii) ”; and

(b)in paragraph (k) for “81(a)(iv)” substitute “ 81(1)(a)(iv) ”.

The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)N.I.

3—(1) In Article 29(1)(l) (right to claim trial by jury for certain offences) after “139A(1)” insert “ or (2) ”.N.I.

(2) In Article 29(1) after sub-paragraph (n) insert—

(o)section 93 of the Justice (Northern Ireland) Act 2010.

The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7)N.I.

4  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)N.I.

5  In Article 28(1)(a) (interim disqualification) for “Article 11 of the Treatment of Offenders (Northern Ireland) Order 1989” substitute “ Article 3 of the Criminal Justice (Northern Ireland) Order 1996 ”.N.I.

The Employment Rights (Northern Ireland) Order 1996 (NI 16)N.I.

6  In Article 78(2) for sub-paragraph (f) substitute—N.I.

(f)a policing and community safety partnership or a district policing and community partnership,.

The Criminal Evidence (Northern Ireland) Order 1999 (NI 8)N.I.

7  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

The Police (Northern Ireland) Act 2000 (c. 32)N.I.

8—(1) In section 22(3) for “district policing partnership” substitute “ policing and community safety partnership ”.N.I.

(2) In section 22(3A) for “sub-group established for the district under section 21” substitute “ district policing and community safety partnership ”.

(3) In section 25(3)(a) for “district policing partnerships” substitute “ policing committees of policing and community safety partnerships ”.

(4) In section 25(3) for paragraph (b) substitute—

(b)consider—

(i)any reports received by the Board under Part 3 of the Justice Act (Northern Ireland) 2011; and

(ii)any views of the public obtained under arrangements made under that Part..

(5) In section 57(2)(i) for “district policing partnerships” substitute “ policing and community safety partnerships and district policing and community safety partnerships ”.

(6) In section 57(2) for paragraph (j) substitute—

(j)the effectiveness of policing and community safety partnerships and district policing and community safety partnerships in performing their functions and in particular the effectiveness of arrangements made under Part 3 of the Justice Act (Northern Ireland) 2011 in obtaining—

(i)the views of the public about matters concerning policing; and

(ii)the co-operation of the public with the police in preventing crime..

(7) In Schedule 1, in paragraphs 3(7)(b) and 10(1)(b) for sub-paragraphs (iii) and (iv) substitute—

(iii)a member of a policing and community safety partnership or a district policing and community safety partnership..

The Freedom of Information Act 2000 (c. 36)N.I.

9  In Part 7 of Schedule 1 at the appropriate place in alphabetical order insert— “ A policing and community safety partnership or a district policing and community safety partnership established under Part 3 of the Justice (Northern Ireland) Act 2011. ”.N.I.

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002 (NI 3)N.I.

10—(1) In Article 9(1)—N.I.

(a)omit sub-paragraph (a);

(b)in sub-paragraph (b) for “such a partnership” substitute “ a policing and community safety partnership or district policing and community safety partnership established by it ”.

(2) In paragraph (4) omit the definitions of “community safety partnership” and “relevant community safety partnership”.

The Proceeds of Crime Act 2002 (c. 29)N.I.

11  In section 195N(1) (as inserted by section 57(2) of the Policing and Crime Act 2009) for “195N” substitute “ 195M ”.N.I.

The Sexual Offences Act 2003 (c. 42)N.I.

12—(1) In section 116(2)(b) (qualifying offenders for foreign travel orders) after “31” insert “ or 92S ”.N.I.

(2) In section 124 (interpretation) omit subsection (8).

The Anti-social Behaviour (Northern Ireland) Order 2004 (NI 12)N.I.

13  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

The Criminal Justice (Northern Ireland) Order 2008 (NI 1)N.I.

14  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

The Sexual Offences (Northern Ireland) Order 2008 (NI 2)N.I.

15—(1) In Article 74(1)(a) (sexual penetration of a corpse) for “his penis” substitute “ a part of his body or anything else ”.N.I.

(2) In Article 76 (offences outside the UK)—

(a)in paragraph (2) for “national” in each place where it occurs substitute “ resident ”;

(b)in paragraph (3)(a) after “national” insert “ or a United Kingdom resident ”.

Section 110.

SCHEDULE 8N.I.REPEALS

PART 1 N.I.VULNERABLE AND INTIMIDATED WITNESSES

Short Title Extent of repeal
The Criminal Evidence (Northern Ireland) Order 1999 (NI 8)

PART 2 N.I.POLICING AND COMMUNITY SAFETY PARTNERSHIPS

Short Title Extent of repeal
The Commissioner for Complaints (Northern Ireland) Order 1996 (NI 7) In Schedule 2, the entries relating to a district policing partnership and a sub-group established under section 21 of the Police (Northern Ireland) Act 2000.
The Employment Rights (Northern Ireland) Order 1996 (NI 16) Article 78(7A).
The Police (Northern Ireland) Act 2000 (c. 32)

Section 3(3)(d)(ii) and (iii).

Sections 14(1) to (4).

Sections 15 to 19.

Section 21.

Section 23.

Schedule 3.

In Schedule 6, paragraphs 14 and 25(3).

The Freedom of Information Act 2000 (c. 36) In Part 7 of Schedule 1, the entries relating to a district policing partnership and a sub-group established under section 21 of the Police (Northern Ireland) Act 2000.
The Justice (Northern Ireland) Act 2002 (c. 26)

In section 71(2) the words “and section 72”.

Section 72.

The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002 (NI 3)

Article 9(1)(a).

In Article 9(4) the definitions of “community safety partnership” and “relevant community safety partnership”.

The Police (Northern Ireland) Act 2003 (c. 6)

Sections 14 to 19.

In section 44(3) the words “15(6), 16(2), 19(2) or”.

Section 44(4).

In section 44(5) the words “15(6), 16(2), 19(2),”.

Schedule 1.

The District Policing Partnerships (Northern Ireland) Order 2005 (NI 4) The whole Order.
The Northern Ireland (St. Andrews Agreement) Act 2006 (c. 53)

Section 20.

Section 27(6).

Schedules 8 and 9.

Prospective

PART 3 N.I.LEGAL AID, ETC.

Short Title Extent of repeal
The Legal Aid (Northern Ireland) Order 2005 (NI 19) In Schedule 1, paragraph 5.
The Access to Justice (Northern Ireland) Order 2003 (NI 10)

In Article 7(1) the words “and Article 41”.

In Article 12(2) the words “but this paragraph is subject to Article 41”.

Article 41.

In Schedule 2, in paragraph 2(i), the words “, the Asylum and Immigration Tribunal or”.

Prospective

PART 4 N.I.SOLICITORS' RIGHTS OF AUDIENCE

Short Title Extent of repeal
The County Courts (Northern Ireland) Order 1980 (NI 3). In Article 50(1)(c), the words “, but not a solicitor retained as an advocate by a solicitor so acting”.

PART 5 N.I.MISCELLANEOUS

Commencement Information

I15Sch. 8 Pt. 5 wholly in operation at 5.7.2011; Sch. 8 Pt. 5 in operation at 5.5.2011 for specified purposes see s. 111(1)(i); Sch. 8 Pt. 5 in operation at 5.7.2011 for further specified purposes see s. 111(2)(d); Sch. 8 Pt. 5 in operation for specified purposes at 5.7.2011 by S.R. 2011/224, art. 2(k)

Short Title Extent of repeal
The Vagrancy Act 1824 (c. 83) In section 4(i) the words “being armed with any dangerous or offensive weapon, or”.
The Offences against the Person Act 1861 (c. 100) Section 43.
The Judicature (Northern Ireland) Act 1978 (c. 23) In section 54(1) the word “and” at the end of paragraph (e).
The Criminal Justice Act 1988 (c. 33) Section 139A(7)(b).
The Justice (Northern Ireland) Act 2002 (c. 26)

In Schedule 9—

(a)

paragraph 6(3)(b) and the word “and” immediately preceding it;

(b)

paragraph 6(4) and (4A).

The Sexual Offences Act 2003 (c. 42) Section 124(8).
The Law Reform (Miscellaneous Provisions) (Northern Ireland) Order 2006 (NI 14) Article 2(2)(c).
The Criminal Justice (Northern Ireland) Order 2008 (NI 1) Article 90(4).