N.I.
Justice Act (Northern Ireland) 2016
2016 CHAPTER 21
An Act to make provision about enforcement of the payment of fines and other penalties; to provide for the appointment and functions of a Prison Ombudsman for Northern Ireland; to amend the law relating to the penalties for certain animal welfare offences, lay visitors for police stations, extreme pornographic and other sexual images, assaults on persons providing ambulance services, the early removal from prison of prisoners liable to removal from the United Kingdom, direct committal for trial, and firearms; and to make provision relating to the costs of the Accountant General of the Court of Judicature.
[12th May 2016]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
PART 1 N.I.FINES AND OTHER PENALTIES: ENFORCEMENT
CHAPTER 1N.I.Collection of Fines etc.
IntroductoryN.I.
Application of ChapterN.I.
1—(1) This Chapter applies where—
(a)a person is liable to pay a fine or other sum adjudged to be paid by or imposed on a conviction or a sum which is treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed, and
(b)a court in Northern Ireland imposed the liability to pay the sum or is responsible for enforcing its payment.
(2) In this Chapter—
“the sum due” means the sum mentioned in subsection (1)(a),
“the debtor” means the person liable to pay the sum due, and
“the outstanding amount” means the amount of the sum due which for the time being remains to be paid.
Collection officers and ordersN.I.
Collection officersN.I.
Collection orderN.I.
Additional powers where collection order madeN.I.
Default on paymentN.I.
Collection officer to contact debtor in defaultN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Referral to the court: collection officer's report etc.N.I.
Referral to the court in case where no collection order madeN.I.
Powers of court on referral of debtor's caseN.I.
Power to issue arrest warrant where debtor fails to attend hearingN.I.
Arrest under warrant under section 10N.I.
Remand or committal under section 11N.I.
Costs relating to referral of debtor's caseN.I.
Deductions from benefitsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Deduction from benefits: further provision in regulationsN.I.
Enquiries into debtor's meansN.I.
Disclosure of informationN.I.
Attachment of earningsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Freezing bank accounts etc.N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Seizure of vehiclesN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .SupplementaryN.I.
OffencesN.I.
24—(1) A person guilty of an offence under this Chapter is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) For the purposes of this Chapter, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (corporate liability for offences)—
(a)applies with the omission of the words “the liability of whose members is limited”, and
(b)where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with the functions of management as if that member were a director of the body corporate.
(3) If an offence under this Chapter is committed by a partnership or proved—
(a)to have been committed with the consent or connivance of a partner, or
(b)to be attributable to any neglect on the partner's part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(4) In subsection (3), “partner” includes a person purporting to act as such.
AppealsN.I.
25—(1) An appeal against a decision of a collection officer may—
(a)where the responsible court is a magistrates' court, be made to a court of summary jurisdiction;
(b)where the responsible court is the Crown Court, be made to that Court.
(2) On an appeal under subsection (1), the court may quash or confirm the decision to which the appeal relates.
(3) An appeal against a decision of a magistrates' court at a hearing under section 9 may be made to a county court.
(4) An appeal against a decision of the Crown Court at a hearing under section 9 may be made to the Court of Appeal, but only with the leave of the Court of Appeal.
(5) An appeal under subsection (1) must be brought before the end of 14 days beginning with the day on which the decision being appealed against was made.
(6) Where an appeal is brought under this section, the collection order is suspended until the appeal is determined or abandoned.
GuidanceN.I.
26—(1) The Department of Justice must issue guidance about the operation of this Chapter.
(2) The Department of Justice may from time to time revise guidance under subsection (1); and, where it does so, it must issue the revised guidance.
(3) A collection officer must, in exercising the officer's functions as such, have regard to guidance under this section.
Interpretation etc.N.I.
27—(1) In this Chapter—
“attachment of earnings order” has the meaning given in section 18(1);
“bank account order” has the meaning given in section 22(1);
“collection officer” has the meaning given in section 2(1);
“collection order” has the meaning given in section 3(1);
“the debtor” has the meaning given in section 1(2);
“deposit-taker” has the meaning given in subsection (2) below;
“interim bank account order” has the meaning given in section 20(1);
“the outstanding amount” has the meaning given in section 1(2);
“registered” has the meaning given in subsection (4) below;
“relevant benefit” has the meaning given in section 14(3);
“the responsible court” has the meaning given in section 6(1);
“statutory provision” has the same meaning as in the Interpretation Act (Northern Ireland) 1954;
“the sum due” has the meaning given in section 1(2);
“vehicle” has the meaning given in subsection (3) below;
(2) “Deposit-taker” means a person who, in the course of a business, may lawfully accept deposits in the United Kingdom; and this definition is to be read with—
(a)section 22 of the Financial Services and Markets Act 2000,
(b)any relevant order under that section, and
(c)Schedule 2 to that Act.
(3) “Vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, except that Article 6 of the Road Traffic (Northern Ireland) Order 1995 (exceptions for certain vehicles) applies as it applies for the purpose of the Road Traffic Orders (as defined by that Order).
(4) “Registered”, in relation to a vehicle, means registered under the Vehicle Excise and Registration Act 1994.
(5) In its application to this Chapter, section 24 of the Interpretation Act (Northern Ireland) 1954 (service of documents) has effect as if the word “registering” were omitted from subsection (1).
(6) The power to make an oral application under this Chapter is, in the case of a company, exercisable by an officer of the company authorised by the company for the purpose.
Minor and consequential amendmentsN.I.
28—(1) Schedule 2, which contains minor amendments and amendments consequential on the provisions of this Chapter, has effect.
(2) The Department of Justice may by order make such consequential, supplementary or incidental provision as it considers appropriate in consequence of, or for giving full effect to, this Chapter.
(3) An order under subsection (2) may amend, repeal, revoke or otherwise modify any statutory provision.
Commencement Information
I1S. 28 partly in operation; s. 28(2)(3) in operation at 13.5.2016 see s. 61(1)
CHAPTER 2N.I.Other enforcement procedures
Supervised activity ordersN.I.
29—(1) For Article 45 of the Criminal Justice (Northern Ireland) Order 2008 substitute—
“Supervised activity order for default in payment of certain sums
45—(1) This Article applies where an individual aged 18 or over is liable to pay one or more sums adjudged to be paid by or imposed on conviction of an offence the total of which does not exceed £1,000 and the individual either—
(a)is in default of payment of the amount outstanding; or
(b)at the time of sentencing for the offence or at any subsequent time without such default having yet occurred, applies to the court for a supervised activity order.
(2) If the court would, but for this Article, make an order or issue a warrant for the committal of the individual but considers a supervised activity order more appropriate (and does not consider any other non-custodial penalty appropriate), it may instead make a supervised activity order in respect of the individual.
(3) A supervised activity order is an order requiring a person to—
(a)attend for a period specified in the order at such place as may be determined by the supervising officer, and
(b)engage, during that period, in activities in accordance with instructions given by the supervising officer.
(4) The period specified under paragraph (3)(a) must not be less than 10 hours; and it must not be more than—
(a)50 hours, if the amount specified in the order as outstanding does not exceed £200;
(b)100 hours, if that amount exceeds £200 but does not exceed £500;
(c)150 hours, in any other case.
(5) The Department of Justice may by order—
(a)amend paragraph (1) or (4)(a) or (b) by substituting for a sum of money specified there such other sum of money as is specified in the order;
(b)amend paragraph (4)(a), (b) or (c) by substituting for a number of hours specified there such other number of hours as is specified in the order.
(6) A supervised activity order in respect of a person comes into force as soon as it is made.
(7) Where the person has been engaged for part of the period specified in a supervised activity order, the amount specified in the order as outstanding is reduced by the proportion which the part of the period for which the offender has so far been engaged bears to the whole of the period specified.
(8) The person's liability for the sums adjudged to be paid by or imposed on the conviction and any supervised activity order made in respect of the outstanding amount of those sums are discharged only by—
(a)payment of the outstanding amount;
(b)the carrying out of the instructions given under the order for the number of hours specified in it; or
(c)service of a period of imprisonment imposed under paragraph 5 or 6 of Schedule 3.
(9) Schedule 3, which makes further provision in relation to supervised activity orders, has effect.
(10) The references in this Article to a sum adjudged to be paid by or imposed on a conviction include a reference to a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed; and the reference in paragraph (1) to the time of sentencing is accordingly to be read as a reference to the time when the liability arose.
(11) But the references in this Article to a sum adjudged to be paid by or imposed on a conviction do not include a reference to an amount payable under a confiscation order under Part 4 of the Proceeds of Crime Act 2002.
(12) In this Article and Schedule 3, “supervising officer”, in relation to a supervised activity order, means a probation officer with responsibility for supervising the carrying out of the requirements of the order.”.
(2) In Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008 (supervised activity orders: further provisions), in paragraph 1(a), omit “, or will be residing when the order comes into force,”.
(3) In each of paragraphs 2(3), 5(4)(b) and 6(1)(b) of that Schedule, for “45(3)” substitute “ 45(4) ”.
(4) In paragraph 3 of that Schedule (the cross-heading before which is omitted), in sub-paragraph (1), for “comes into force” substitute “ is made ”.
(5) In paragraph 4(2) of that Schedule, for the words from “the offender has carried out” to the end substitute “ it is discharged in accordance with Article 45(8) ”.
(6) In paragraph 5(1) of that Schedule, before “the lay magistrate may” insert “ or that the offender, having chosen to pay the outstanding amount, is in default on the payment, ”.
(7) In paragraph 5(4) of that Schedule—
(a)before “the court may” insert “ or that the offender is in default as mentioned in sub-paragraph (1), ”, and
(b)for paragraph (a) substitute—
“(a)revoke the order and impose such period of imprisonment not exceeding 35 days as the court considers appropriate;”.
(8) In paragraph 6(1) of that Schedule, for paragraph (d) substitute—
“(d)revoke the order and impose such period of imprisonment not exceeding 35 days as the court considers appropriate;”.
(9) In Article 2 of that Order (general interpretation), at the end insert “ ; and in this Order, “statutory provision” has the same meaning as in that Act ”.
(10) In Article 100 of that Order (regulations, orders and rules)—
(a)in paragraph (2), for “or 22(4)” substitute “ , 22(4) or 45(5) ”, and
(b)after paragraph (3) insert—
“(3A) An order under section 45(5) may not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly””
(11) Section 58 of the Justice Act (Northern Ireland) 2011 (which provides for Article 45 of the 2008 Order to apply to certain financial penalties) is repealed.
(12) This section applies in relation to convictions occurring before the commencement of this section (as well as those occurring afterwards).
Restriction on detention of children for default in paying fines, etc.N.I.
30—(1) Before Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (but after the preceding cross-heading) insert—
“Restriction on detention for default of payment of fine, etc.
46C—(1) A child shall not be ordered to be detained in custody in default of the payment of any sum adjudged to be paid by or imposed on conviction of an offence unless, at the time when the sum becomes due or at any subsequent time at which it remains due, the child—
(a)is already being detained in custody, or
(b)has been ordered to be detained in custody but the period of detention has yet to begin.
(2) The child may be ordered to be detained in custody for a period concurrent with that other period of detention; and the service of a period of detention ordered in reliance on this Article discharges the child's liability for the sum concerned.
(3) A period of detention ordered in reliance on this Article must end on or before the date on which the child is to be discharged from the other period of detention; and where the applicable maximum period would otherwise extend beyond that date, it is to be reduced accordingly.
(4) In this Article—
(a)the reference to a sum adjudged to be paid by or imposed on a conviction includes a reference to a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed, and
(b)the reference to the applicable maximum period is a reference to the applicable maximum period under section 35 of the Criminal Justice Act (Northern Ireland) 1945 or Schedule 3 to the Magistrates' Courts (Northern Ireland) Order 1981.”.
(2) In Article 37 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (attendance centre orders), after paragraph (1) insert—
“(1A) An attendance centre order may (in spite of paragraph (1) and Article 46C) be made in default of the payment of a sum adjudged to be paid by or imposed on the conviction of an offence in a case where, at the time of the default, the child in question—
(a)is not detained in custody or imprisoned, and
(b)has not been ordered to be detained in custody or imprisoned with the period of detention or imprisonment yet to begin.
(1B) The reference in paragraph (1A) to a sum adjudged to be paid by or imposed on a conviction includes a reference to a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed.”.
(3) In Article 47 of that Order (the title to which becomes “ Limitation on punishment for contempt of court ”), in paragraph (1), omit sub-paragraph (b) and the preceding “or”.
(4) Article 48 of that Order (which provides for committal to custody in a young offenders centre where a child is in default) is repealed.
(5) In section 35 of the Criminal Justice Act (Northern Ireland) 1945 (powers of court in relation to fines etc.), after subsection (7) insert—
“(8) Subsection (1)(c) does not apply where the person concerned is a child except where detention would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998; and subsection (3) does not apply to a child.”.
(6) In section 5(3) of the Treatment of Offenders (Northern Ireland) Act 1968 (power of court to detain young person in youth offenders centre for default), for “Article 47” substitute “ Article 46C ”.
(7) In Article 56 of the Magistrates' Courts (Northern Ireland) Order 1981 (consecutive terms of imprisonment), after paragraph (3) (which allows a term of imprisonment for default to run consecutively to another term) insert—
“(4) Paragraph (3) does not apply to a child (see Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998).”.
(8) In Article 91 of that Order (payment of sums adjudged to be paid by a conviction), after paragraph (8) (which provides for immediate committal where the person concerned indicates a preference for that) insert—
“(9) Paragraph (8) does not apply in the case of a child except where committal would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998.”.
(9) In Article 92 of that Order (enforcement), after paragraph (5) insert—
“(6) This Article does not apply to a child, except where committal would be permitted in reliance on Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998.”.
(10) In Article 93 of that Order (restrictions on power to order immediate committal), the text of which becomes paragraph (1), at the end insert—
“(2) This Article does not apply where the person is a child.”.
(11) Article 94 of that Order (supervision of person under 21 until payment of sum) is repealed.
(12) This section applies in relation to convictions occurring before the commencement of this section (as well as those occurring afterwards).
Distress in defaultN.I.
31—(1) In section 3 of the Fines Act (Ireland) 1851 (warrants for the execution of orders to be issued at certain periods), at the end add “ ; and no warrant of distress may be issued in reliance on this section at the time of sentencing of the person concerned ”.
(2) In Article 92 of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of payment of a sum adjudged to be paid by a conviction), after paragraph (1) insert—
“(1A) A warrant of distress shall not be issued under paragraph (1)(a) at the time of sentencing of the person concerned.”.
Limitations on remissionN.I.
32—(1) In section 13 of the Prison Act (Northern Ireland) 1953 (prison rules), after subsection (7) insert—
“(7A) Prison rules may not provide for—
(a)the grant of remission to a person imprisoned or detained in default of a payment of a sum adjudged to be paid by or imposed on his conviction of an offence or a sum treated for the purposes of any statutory provision as if it were a sum so adjudged or imposed;
(b)the grant of remission to an offender in respect of a period of imprisonment under paragraph 5 or 6 of Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008 (supervised activity order).”.
(2) In paragraph 5 of Schedule 3 to the Criminal Justice (Northern Ireland) Order 2008 (failure to comply with supervised activity order), after sub-paragraph (4) insert—
“(5) Section 13(7A) of the Prison Act (Northern Ireland) 1953 prevents prison rules from providing for the grant of remission to an offender in respect of a period of imprisonment imposed under sub-paragraph (4).”.
(3) In paragraph 6 of that Schedule, after sub-paragraph (1) insert—
“(1A) Section 13(7A) of the Prison Act (Northern Ireland) 1953 prevents prison rules from providing for the grant of remission to an offender in respect of a period of imprisonment imposed under sub-paragraph (1)””
(4) This section does not apply in relation to offences committed before the commencement of this section.
PART 2 N.I.The Prison Ombudsman For Northern Ireland
Prospective
The OmbudsmanN.I.
The Prison Ombudsman for Northern IrelandN.I.
33—(1) There shall be an office known as the Prison Ombudsman for Northern Ireland.
(2) The person for the time being holding the office of Prison Ombudsman for Northern Ireland is by that name a corporation sole.
(3) Schedule 3 has effect in relation to the Prison Ombudsman for Northern Ireland (in this Part referred to as “the Ombudsman”).
(4) The Ombudsman shall exercise the powers under this Part in such manner and to such extent as appears to the Ombudsman to be best calculated to secure—
(a)the efficiency, effectiveness and independence of the office of Ombudsman; and
(b)the confidence in the operation of that office of the public, prisoners and prison officers and other persons affected by the exercise of those powers.
Main functions of OmbudsmanN.I.
34 The main functions of the Ombudsman are—
(a)dealing with complaints (see sections 35 and 36);
(b)investigating deaths in custody (see sections 37 and 38);
(c)carrying out other investigations at the request of the Department (see sections 39 and 40) or on the Ombudsman's own initiative (see sections 41 and 42).
ComplaintsN.I.
ComplaintsN.I.
35—(1) Subject to subsection (6), the Ombudsman shall carry out an investigation into a complaint to which this section applies.
(2) This section applies to a complaint if—
(a)the complaint is about a matter which relates—
(i)to the way in which a prisoner has been treated by a prison officer;
(ii)to the way in which a person visiting a prison has been treated by a prison officer;
(iii)to the facilities available to a person at a prison (including, in the case of a prisoner, facilities for the welfare of the prisoner);
(iv)to the cleanliness and adequacy of a prison;
(b)the complaint is made to the Ombudsman by a person entitled to make it; and
(c)the relevant internal complaints procedures have been exhausted in relation to the complaint.
(3) A person is entitled to make a complaint about a matter if that person—
(a)is a prisoner or visitor to a prison who is directly affected by that matter; or
(b)where the person mentioned in paragraph (a) is dead or unable to act, appears to the Ombudsman to be an appropriate person to make the complaint.
(4) The relevant internal complaints procedures are exhausted in relation to a complaint where in the opinion of the Ombudsman any procedures for dealing with the complaint set out in prison rules have been exhausted.
(5) Regulations may—
(a)amend the list of matters set out in subsection (2)(a) or provide that subsection (2)(a) does not apply to a prescribed matter;
(b)amend subsection (3) so as to provide for a prescribed person or a person of a prescribed description also to be entitled to make a complaint;
(c)make any amendments to this Part which are consequential on or incidental to provision made under paragraph (a) or (b).
(6) Where a complaint to which this section applies is made to the Ombudsman, the Ombudsman may decide not to investigate the complaint if the Ombudsman considers that the complaint—
(a)is frivolous, vexatious or raises no substantial issue; or
(b)has not been made within a reasonable time from the exhaustion of the internal complaints procedures.
(7) The Ombudsman may defer an investigation under this section at any time if it appears to the Ombudsman that—
(a)a criminal investigation might be adversely affected by the Ombudsman's investigation;
(b)the exercise of functions under the Health and Safety at Work (Northern Ireland) Order 1978 might be adversely affected by the Ombudsman's investigation;
(c)it is appropriate to do so because of any proceedings for judicial review; or
(d)it is appropriate to do so for any other reason.
(8) The Ombudsman may at any time re-open a deferred investigation.
(9) The Ombudsman shall decide the extent of an investigation under this section.
(10) If the Ombudsman decides—
(a)not to investigate a complaint, or to investigate it only to a limited extent,
(b)to defer the investigation of a complaint, or
(c)to re-open an investigation which has been deferred,
the Ombudsman shall notify the complainant (with a brief statement of the reasons for the decision) and may notify such other persons as the Ombudsman thinks fit.
(11) Notification under subsection (10) may be given orally.
(12) If the complainant has died or is unable to act, the reference in subsection (10) to the complainant is to be read as a reference to the person who appears to the Ombudsman to be the most appropriate person to receive the notification.
(13) Regulations may make provision for the procedures to be followed in connection with the making and investigation of a complaint to which this section applies.
(14) Subject to the provisions of any such regulations and to any other provision of this Part, it is for the Ombudsman to determine the procedures applicable to anything which is to be done in relation to a complaint or the investigation of the complaint.
(15) At any time in the course of an investigation under this section the Ombudsman shall—
(a)draw to the attention of the police any matter which in the Ombudsman's opinion is relevant to any criminal investigation;
(b)draw to the attention of any body or person any matter which in the Ombudsman's opinion calls for action to be taken by that body or person.
Report of investigation of complaintN.I.
36—(1) Where the Ombudsman has carried out an investigation into a complaint to which section 35 applies, the Ombudsman shall report in writing on the outcome of the investigation to—
(a)the Department, and
(b)the complainant.
(2) The Ombudsman may also report in writing on that outcome to any other person the Ombudsman considers should receive the report.
(3) In a report to the Department the Ombudsman may make recommendations about any matter arising from the complaint or investigation.
(4) Where such recommendations are made in a report, the Department must, within the required period, respond in writing to the Ombudsman setting out (with reasons) what it proposes to do about the recommendations.
(5) The required period is the period of 28 days commencing with the day on which the Department receives the report or such longer period as the Ombudsman may in the case of any report allow.
(6) The Ombudsman may report on that response to such persons as the Ombudsman may think fit.
(7) Regulations may make provision as to the procedures to be followed in relation to reports under this section and may in particular include provision—
(a)enabling the Ombudsman to show any person a draft of the whole or any part of a report;
(b)restricting or prohibiting the identification of prescribed persons or persons of a prescribed description in a report or the inclusion of information of a prescribed description;
(c)providing for cases where the complainant has died or is unable to act.
Deaths in custodyN.I.
Prospective
Investigations into deaths in custodyN.I.
37—(1) The Ombudsman shall carry out an investigation into the death of a person—
(a)at any prison while the person is being held there;
(b)while that person is in the custody of a prison officer at a place outside a prison; or
(c)which the Ombudsman is satisfied should be investigated because it is or may be linked to events which have occurred—
(i)at any prison while that person was being held there; or
(ii)while that person was in the custody of a prison officer at a place outside a prison.
(2) In carrying out the investigation, the Ombudsman must aim—
(a)to establish the circumstances surrounding the death;
(b)to address any concerns of the family of the deceased;
(c)to determine whether any changes in operational arrangements at a prison would prevent or reduce the risk of deaths occurring under the same or similar circumstances; and
(d)to discover any facts likely to assist a coroner's inquest into the death.
(3) Subject to subsection (2), it is for the Ombudsman to determine the scope of, and the procedure to be applied to, an investigation under this section.
(4) The Ombudsman may defer an investigation under this section at any time if it appears to the Ombudsman that—
(a)a criminal investigation might be adversely affected by the Ombudsman's investigation;
(b)the exercise of functions under the Health and Safety at Work (Northern Ireland) Order 1978 might be adversely affected by the Ombudsman's investigation;
(c)it is appropriate to do so because of any proceedings for judicial review; or
(d)it is appropriate to do so for any other reason.
(5) The Ombudsman may at any time re-open a deferred investigation.
(6) At any time in the course of an investigation under this section the Ombudsman shall—
(a)draw to the attention of the police any matter which in the Ombudsman's opinion is relevant to any criminal investigation into the death;
(b)draw to the attention of any body or person any matter which in the Ombudsman's opinion calls for action to be taken by that body or person.
Report on investigation into deathN.I.
38—(1) Where the Ombudsman has carried out an investigation into a death under section 37, the Ombudsman shall report in writing on the outcome of the investigation to—
(a)the Department;
(b)the coroner who is holding or who is to hold an inquest into the death;
(c)the health and social care trust responsible for providing healthcare to the deceased while held in prison; and
(d)at least one person who is a personal representative of the deceased or a relative of the deceased at the time of death.
(2) The Ombudsman may also report on that outcome to any other person the Ombudsman considers should receive the report.
(3) In a report to the Department or a health and social care trust the Ombudsman may make recommendations about any matter arising from the investigation.
(4) Where such recommendations are made in a report, the Department or trust must, within the required period, respond in writing to the Ombudsman setting out (with reasons) what it proposes to do about the recommendations.
(5) The required period is the period of 28 days commencing with the day on which the Department or trust receives the report or such longer period as the Ombudsman may in the case of any report allow.
(6) The Ombudsman may report on that response to such persons as the Ombudsman may think fit.
(7) Regulations may make provision as to the procedures to be followed in relation to reports under this section and may in particular include provision—
(a)enabling the Ombudsman to show any person a draft of the whole or any part of a report;
(b)enabling the Ombudsman to publish the whole or any part of a report;
(c)restricting or prohibiting the identification of prescribed persons or persons of a prescribed description in a report or the inclusion of information of a prescribed description.
Investigations requested by DepartmentN.I.
Investigations requested by the DepartmentN.I.
39—(1) The Department—
(a)shall request the Ombudsman to investigate any custody-related matter if any of the events to which it relates is of such a nature or description, or occurs in such circumstances, as may be prescribed;
(b)may request the Ombudsman to investigate any other custody-related matter which is specified in the request.
(2) Before making any request under subsection (1) the Department shall consult the Ombudsman.
(3) A custody-related matter is a matter relating to events which have (or may have) occurred—
(a)at a prison or juvenile justice centre, or
(b)while a person is in the custody of a prison officer or a member of the staff of a juvenile justice centre,
and any matter the Department considers is (or may be) linked to such events.
(4) Before making any regulations under subsection (1)(a) the Department shall consult—
(a)the Ombudsman; and
(b)such other persons as the Department thinks appropriate.
(5) The Ombudsman must—
(a)decide whether to conduct an investigation in pursuance of a request under this section; and
(b)notify the Department of that decision.
(6) It is for the Ombudsman to determine the procedures to be applied to an investigation under this section.
(7) At any time in the course of an investigation under this section the Ombudsman may make recommendations to the Department about any matter arising from the investigation.
(8) At any time in the course of an investigation under this section the Ombudsman shall—
(a)draw to the attention of the police any matter which in the Ombudsman's opinion is relevant to any criminal investigation;
(b)draw to the attention of any body or person any matter which in the Ombudsman's opinion calls for action to be taken by that body or person.
Report on investigation under section 39N.I.
40—(1) Where the Ombudsman has carried out an investigation under section 39 the Ombudsman must report in writing on the outcome of the investigation to—
(a)the Department; and
(b)such other persons (if any) as the Department may request.
(2) The report may make recommendations about any matter arising from the investigation.
(3) Regulations may make provision as to the procedures to be followed in relation to reports under this section and may in particular include provision—
(a)enabling the Ombudsman to show any person a draft of the whole or any part of a report;
(b)enabling the Ombudsman to publish the whole or any part of a report;
(c)restricting or prohibiting the identification of prescribed persons or persons of a prescribed description in a report or the inclusion of information of a prescribed description.
Own-initiative investigationsN.I.
Prospective
Own-initiative investigationsN.I.
41—(1) The Ombudsman may carry out an investigation under this section into a matter if—
(a)the matter relates—
(i)to the way in which a prisoner has been treated by a prison officer;
(ii)to the way in which a person visiting a prison has been treated by a prison officer;
(iii)to the facilities available to a person at a prison (including, in the case of a prisoner, facilities for the welfare of the prisoner);
(iv)to the cleanliness and adequacy of a prison; and
(b)the Ombudsman has reasonable grounds for believing that, in relation to the matter—
(i)a number of events of the same or a similar nature have occurred; and
(ii)the number or frequency of the events requires the matter to be investigated under this section.
(2) Before commencing an investigation under this section, the Ombudsman must—
(a)consult the Department; and
(b)inform the Department of the matter proposed to be investigated and of the grounds referred to in subsection (1)(b).
(3) It is for the Ombudsman to determine the procedures to be applied to an investigation under this section.
(4) This section applies to a matter whether or not a complaint has been, or could be, made about the matter under section 35.
Report on investigation under section 41N.I.
42—(1) Where the Ombudsman has carried out an investigation under section 41, the Ombudsman must report in writing on the outcome of the investigation to—
(a)the Department; and
(b)any other person the Ombudsman considers should receive the report.
(2) In a report to the Department the Ombudsman may make recommendations about any matter arising from the investigation.
(3) Where such recommendations are made in a report, the Department must, within the required period, respond in writing to the Ombudsman setting out (with reasons) what it proposes to do about the recommendations.
(4) The required period is the period of 28 days commencing with the day on which the Department receives the report or such longer period as the Ombudsman may in the case of any report allow.
(5) The Ombudsman may report on that response to such persons as the Ombudsman may think fit.
(6) Regulations may make provision as to the procedures to be followed in relation to reports under this section and may in particular include provision—
(a)enabling the Ombudsman to show any person a draft of the whole or any part of a report;
(b)enabling the Ombudsman to publish the whole or any part of a report;
(c)restricting or prohibiting the identification of prescribed persons or persons of a prescribed description in a report or the inclusion of information of a prescribed description.
Prospective
Powers of OmbudsmanN.I.
Powers of OmbudsmanN.I.
43—(1) For the purposes of an investigation under this Part the Ombudsman may at any time enter—
(a)any prison;
(b)any other premises occupied by the Department for the purposes of its functions under the Prison Act (Northern Ireland) 1953.
(2) The Ombudsman may at any time enter any juvenile justice centre for the purposes of an investigation under section 39.
(3) The Ombudsman may, for the purposes of an investigation under this Part, require—
(a)that documents be produced in a form in which they can be taken away or be made available for inspection and copying,
(b)that an explanation be given of any document produced or made available, or
(c)that other information be provided.
(4) A person who intentionally obstructs the Ombudsman in the carrying out of an investigation under this Part commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) In this section—
(a)“document” includes anything in which information is stored in electronic or any other form; and,
(b)in relation to anything containing information in electronic form, references to production or making available are to production or making available in a form in which the information is readily intelligible.
Prospective
SupplementaryN.I.
Disclosure of informationN.I.
44—(1) For the purposes of this section information is protected information if it is obtained by the Ombudsman or an officer of the Ombudsman—
(a)in carrying out or otherwise in connection with an investigation under this Part; or
(b)from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000.
(2) Protected information shall not be disclosed except—
(a)for the purposes of—
(i)an investigation under this Part; or
(ii)any of the Ombudsman's functions in relation to such an investigation or to matters arising in connection with it;
(b)for the purposes of a criminal investigation or proceedings for a criminal offence;
(c)to a coroner (or a person acting on behalf of a coroner) for the purposes of an inquest;
(d)to the Attorney General for Northern Ireland for the purposes of the exercise of any functions of that office;
(e)to the Northern Ireland Public Services Ombudsman for the purposes of the exercise of any functions of that office;
(f)to the Chief Inspector of Criminal Justice in Northern Ireland for the purposes of the exercise of any of the functions of that office;
(g)to Her Majesty's Chief Inspector of Prisons for the purposes of the exercise of any of the functions of that office;
(h)to the Regional Health and Social Care Board for the purposes of the exercise of any of the functions of that body;
(i)to the Health and Social Care Regulation and Quality Improvement Authority for the purposes of the exercise of any of the functions of that body;
(j)in the case of information to which subsection (3) applies, to the Information Commissioner;
(k)in the case of information to which subsection (4) applies, to any person to whom the Ombudsman thinks it should be disclosed in the public interest;
(l)to such other persons or for such other purposes as may be prescribed.
(3) This subsection applies to information if it appears to the Ombudsman to relate to—
(a)a matter in respect of which the Information Commissioner could exercise a power conferred by [F3sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018] or section 48 or Part 4 of the Freedom of Information Act 2000; or
[F4(b)the commission of an offence under—
(i)a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc); or
(ii)section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).]
(4) This subsection applies to information if in the opinion of the Ombudsman it reveals or otherwise relates to a serious threat to the health or safety of a person.
(5) A person to whom this subsection applies shall not be called upon in any proceedings to give evidence of protected information within subsection (1)(a).
(6) Subsection (5) does not apply in relation to proceedings mentioned in subsection (2)(b) or (c).
(7) For the purposes of the law of defamation the publication of any matter by the Ombudsman for purposes connected with the functions of the Ombudsman (including functions under this section) is absolutely privileged.
(8) It is an offence for a person to whom this subsection applies to disclose information in contravention of this section.
(9) A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10) Subsections (5) and (8) apply to—
(a)the Ombudsman;
(b)an officer of the Ombudsman;
(c)a person from whom advice is obtained under paragraph 9 of Schedule 3.
Textual Amendments
F3Words in s. 44(3)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 209(a) (with ss. 117, 209, 210, Sch. 20 para. 47(1)); S.I. 2018/625, reg. 2(1)(g)(but this amendment cannot take effect until the commencement of 2016 c.21 (N.I.), s. 44)
F4S. 44(3)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 209(b) (with ss. 117, 209, 210, Sch. 20 para. 47(2)); S.I. 2018/625, reg. 2(1)(g)(but this amendment cannot take effect until the commencement of 2016 c.21 (N.I.), s. 44)
Guidance to Ombudsman in relation to matters connected with national securityN.I.
45—(1) The Secretary of State may issue guidance to the Ombudsman in relation to any matter connected with national security (including, in particular, any matter mentioned in section 1A(2)(c)(i) to (iii) of the Prison Act (Northern Ireland) 1953).
(2) In carrying out any functions, the Ombudsman and officers of the Ombudsman must have regard to any guidance issued under this section.
InterpretationN.I.
46—(1) In this Part—
“the Department” means the Department of Justice;
“events” includes any conduct or omission;
“the Ombudsman” means the Prison Ombudsman for Northern Ireland;
“prescribed” means prescribed by regulations;
“prison” includes a young offenders centre;
“prisoner” means any person held at a prison;
“prison officer” means an individual appointed to a post under section 2(2) of the Prison Act (Northern Ireland) 1953;
“prison rules” means rules under section 13 of the Prison Act (Northern Ireland) 1953.
(2) In this Part references to a prison include a reference to all land and buildings used for the purposes of, or in connection with, that prison.
Transitional provision: the Prisoner Ombudsman for Northern IrelandN.I.
47—(1) The person holding office as Prisoner Ombudsman immediately before the appointed day—
(a)becomes the Prison Ombudsman on that day as if appointed to that office under paragraph 1 of Schedule 3; and
(b)holds that office for the remainder of the term for which that person was then appointed as Prisoner Ombudsman.
(2) Paragraph 3(2) of Schedule 3 does not apply to that person; but a person shall not hold the offices of Prison Ombudsman and Prisoner Ombudsman for a period which in total exceeds 7 years.
(3) Subsection (4) applies where immediately before the appointed day the Prisoner Ombudsman is under the terms of reference of that office or other arrangements with the Department—
(a)investigating a complaint (“an existing complaint investigation”);
(b)investigating a death (“an existing death investigation”); or
(c)investigating a matter of the kind mentioned in section 39(2) (“an existing custody-related investigation”).
(4) For the purposes of this Part—
(a)an existing complaint investigation is to be treated as an investigation under section 35;
(b)an existing death investigation is to be treated as an investigation under section 37; and
(c)an existing custody-related investigation is to be treated as an investigation under section 39.
(5) For the purposes of any investigation which is to any extent dealt with under this Part by virtue of subsection (4), things done by or in relation to the Prisoner Ombudsman shall be treated as having been done by or in relation to the Ombudsman.
(6) Except as provided by subsection (4)(b), section 37 does not apply to a death which occurred before the coming into operation of that section.
(7) In applying section 41(1)(b) the Ombudsman may take into account events occurring in the period of 12 months immediately preceding the appointed day (as well as events occurring on or after that day).
(8) In this section “the appointed day” means the day appointed under section 61 for the coming into operation of this section.
PART 3 N.I.Miscellaneous
Animal welfareN.I.
Penalties for animal welfare offencesN.I.
48—(1) In section 31 of the Welfare of Animals Act (Northern Ireland) 2011 (penalties), in subsection (1) (summary-only offences), omit “8(3),” and “, 33(9), 40(7)”.
(2) After that subsection insert—
“(1A) A person guilty of an offence under section 4 or 8(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 £20,000, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or both.”.
(3) In subsection (2) of that section (hybrid offences)—
(a)omit “4,”, and
(b)for “and 8(1) and (2)” substitute “ , 8(3), 33(9) and 40(7) ”.
(4) In that subsection, in paragraph (b), for “2 years” substitute “ 5 years ”.
(5) In each of the following provisions of that Act, for “8(1) and (2)” substitute “ 8 ”
(a)section 32(1) (deprivation);
(b)section 33(10) (disqualification);
(c)section 36(1) (destruction in interests of animal).
(6) In each of the following provisions of that Act, for “8(1) or (2)” substitute “ 8 ”
(a)section 36(6) (destruction in interests of animal);
(b)section 37(1) (destruction of animals involved in fighting offences);
(c)section 38(1) (reimbursement of expenses relating to animals involved in fighting offences).
(7) In Article 29(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (right to claim trial by jury subject to exceptions), after sub-paragraph (o) insert—
“(p)section 4 or 8(1) or (2) of the Welfare of Animals Act (Northern Ireland) 2011 (unnecessary suffering; fighting).”.
Commencement Information
I2S. 48 in operation at 1.8.2016 by S.R. 2016/248, art. 2
Lay visitorsN.I.
Lay visitors for all police stationsN.I.
49 In section 73 of the Police (Northern Ireland) Act 2000 (arrangements for lay visitors to visit designated places of detention)—
(a)in subsections (1), (3)(a) and (4)(a) omit “designated”;
(b)for subsections (9) and (10) substitute—
“(9) In this section “place of detention” means a police station at which persons are detained””
Pornographic or other sexual imagesN.I.
Possession of pornographic images of rape and assault by penetrationN.I.
50—(1) The Criminal Justice and Immigration Act 2008 is amended as follows.
(2) In section 63(6) (possession of extreme pornographic images) after “subsection (7)” insert “ or (7A) ”.
(3) In section 66 (defence: participation in consensual acts)—
(a)in subsection (1)(b) for the words from “within” to the end substitute “ within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section). ”;
(b)in subsection (2) after paragraph (c) insert
“; and
(d)if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.”.
(4) In section 67 (penalties for possession of extreme pornographic images) in subsection (5)(b) at the end add “ or (7A)(a) or (b). ”.
Disclosing private sexual photographs and films with intent to cause distressN.I.
51—(1) It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made—
(a)without the consent of an individual who appears in the photograph or film, and
(b)with the intention of causing that individual distress.
(2) But it is not an offence under this section for the person to disclose the photograph or film to the individual mentioned in subsection (1)(a) and (b).
(3) It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
(4) It is a defence for a person charged with an offence under this section to show that—
(a)the disclosure was made in the course of, or with a view to, the publication of journalistic material, and
(b)he or she reasonably believed that, in the particular circumstances, the publication of the journalistic material was, or would be, in the public interest.
(5) It is a defence for a person charged with an offence under this section to show that—
(a)he or she reasonably believed that the photograph or film had previously been disclosed for reward, whether by the individual mentioned in subsection (1)(a) and (b) or another person, and
(b)he or she had no reason to believe that the previous disclosure for reward was made without the consent of the individual mentioned in subsection (1)(a) and (b).
(6) A person is taken to have shown the matters mentioned in subsection (4) or (5) if—
(a)sufficient evidence of the matters is adduced to raise an issue with respect to it, and
(b)the contrary is not proved beyond reasonable doubt.
(7) For the purposes of subsections (1) to (5)—
(a)“consent” to a disclosure includes general consent covering the disclosure, as well as consent to the particular disclosure, and
(b)“publication” of journalistic material means disclosure to the public at large or to a section of the public.
(8) A person charged with an offence under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure.
(9) A person guilty of an offence under this section is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and
(b)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).
(10) Schedule 4 makes special provision in connection with the operation of this section in relation to persons providing information society services.
Meaning of “disclose” and “photograph or film”N.I.
52—(1) The following apply for the purposes of section 51, this section and section 53.
(2) A person “discloses” something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.
(3) Something that is given, shown or made available to a person is disclosed—
(a)whether or not it is given, shown or made available for reward, and
(b)whether or not it has previously been given, shown or made available to the person.
(4) “Photograph or film” means a still or moving image in any form that—
(a)appears to consist of or include one or more photographed or filmed images, and
(b)in fact consists of or includes one or more photographed or filmed images.
(5) The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.
(6) “Photographed or filmed image” means a still or moving image that—
(a)was originally captured by photography or filming, or
(b)is part of an image originally captured by photography or filming.
(7) “Filming” means making a recording, on any medium, from which a moving image may be produced by any means.
(8) References to a photograph or film include—
(a)a negative version of an image described in subsection (4), and
(b)data stored by any means which is capable of conversion into an image described in subsection (4).
Meaning of “private” and “sexual”N.I.
53—(1) The following apply for the purposes of section 51.
(2) A photograph or film is “private” if it shows something that is not of a kind ordinarily seen in public.
(3) A photograph or film is “sexual” if—
(a)it shows all or part of an individual's exposed genitals or pubic area,
(b)it shows something that a reasonable person would consider to be sexual because of its nature, or
(c)its content, taken as a whole, is such that a reasonable person would consider it to be sexual.
(4) Subsection (5) applies in the case of—
(a)a photograph or film that consists of or includes a photographed or filmed image that has been altered in any way,
(b)a photograph or film that combines two or more photographed or filmed images, and
(c)a photograph or film that combines a photographed or filmed image with something else.
(5) The photograph or film is not private and sexual if—
(a)it does not consist of or include a photographed or filmed image that is itself private and sexual,
(b)it is only private or sexual by virtue of the alteration or combination mentioned in subsection (4), or
(c)it is only by virtue of the alteration or combination mentioned in subsection (4) that the person mentioned in section 51(1)(a) and (b) is shown as part of, or with, whatever makes the photograph or film private and sexual.
Assaulting ambulance workers etcN.I.
Offence of assaulting ambulance workers etcN.I.
54—(1) A person commits an offence if he or she assaults—
(a)an ambulance worker in the execution of that ambulance worker's duty;
(b)a person who is assisting an ambulance worker in the execution of that ambulance worker's duty.
(2) “Ambulance worker” means a person who provides ambulance services (including air ambulance services) under arrangements made by or at the request of—
(a)the Northern Ireland Ambulance Service Health and Social Care Trust,
(b)St. John Ambulance (NI),
(c)the British Red Cross Society, or
(d)the charity registered in the Republic of Ireland known as the Order of Malta Ireland.
(3) A person guilty of an offence under subsection (1) shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
Early removal of prisonersN.I.
Early removal from prison of prisoners liable to removal from United KingdomN.I.
55—(1) Where a prisoner to whom this section applies (“P”)—
(a)is liable to removal from the United Kingdom, and
(b)has served at least one-half of the requisite custodial period,
the Department may, with P's agreement, remove P from prison under this section at any time during the period of 135 days ending with the day on which P will have served the requisite custodial period.
(2) This section applies to a prisoner who is serving a sentence of imprisonment for a determinate term of at least 6 months, other than a prisoner serving an extended custodial sentence under Article 14 of the 2008 Order.
(3) So long as P after being removed from prison under this section remains in Northern Ireland P remains liable to be detained in pursuance of P's sentence until P has served the requisite custodial period.
(4) The Department may by order amend the number of days for the time being specified in subsection (1).
(5) For the purposes of this section P is liable to removal from the United Kingdom if—
(a)P is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him,
(b)P is liable to deportation under section 3(6) of that Act,
(c)P has been notified of a decision to refuse P leave to enter the United Kingdom,
(d)P is an illegal entrant within the meaning of section 33(1) of that Act, or
(e)P is liable to removal under section 10 of the Immigration and Asylum Act 1999.
(6) In this section and section 56—
“the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;
“the requisite custodial period”—
in a case where P is a prisoner to whom Article 17 of the 2008 Order applies, has the meaning given by paragraph (2) of that Article;
in any other case, means one-half of P's sentence.
Re-entry into Northern Ireland of offender removed under section 55N.I.
56—(1) This section applies to a person who, having been removed from prison under section 55, has been removed from the United Kingdom before serving the requisite custodial period.
(2) If a person to whom this section applies enters Northern Ireland at any time before the person's sentence expiry date, the person is liable to be detained in pursuance of the person's sentence from the time of the person's entry into Northern Ireland until whichever is the earlier of the following—
(a)the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and
(b)the person's sentence expiry date.
(3) A constable may arrest without warrant any person whom he reasonably suspects is liable to be detained by virtue of subsection (2) and take that person to the place in which that person is liable to be detained.
(4) A person returned to prison by virtue of subsection (2) may not be again removed from prison under section 55.
(5) Where—
(a)a person to whom Article 17(1) of the 2008 Order applies is returned to prison by virtue of subsection (2), and
(b)the further custodial period ends before the sentence expiry date,
Article 17(1) has effect in relation to the person as if the reference to the requisite custodial period were a reference to the further custodial period.
(6) In this section—
“further custodial period” has the meaning given by subsection (2)(a);
“outstanding custodial period”, in relation to a person, means the period beginning with the date of the person's removal from the United Kingdom and ending with the date on which the person would, but for that removal, have served the requisite custodial period;
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for that person's release from prison and removal from the United Kingdom, that person would have served the whole of the sentence.
Direct committal for trialN.I.
Direct committal for trial: indictable offence triable summarilyN.I.
57—(1) Section 9 of the Justice Act (Northern Ireland) 2015 (cases where direct committal provisions may apply) is amended as follows.
(2) In subsection (1) for “either” substitute “ one ”.
(3) In subsection (2) after paragraph (a) insert—
“(aa)that the offence is an indictable offence to which Article 45 of the Magistrates' Courts (Northern Ireland) Order 1981 or Article 17 of the Criminal Justice (Children) (Northern Ireland) Order 1998 applies; or”.
FirearmsN.I.
Amendments of Firearms (Northern Ireland) Order 2004, etc.N.I.
58—(1) The Firearms (Northern Ireland) Order 2004 has effect subject to the amendments contained in Schedule 5.
(2) The following provisions of the Justice Act (Northern Ireland) 2011 are repealed—
-
section 103 (variation of firearm certificate);
-
section 104 (restrictions on use of shotguns by young persons), and
-
section 105 (restrictions on possession of air guns by young persons).
CostsN.I.
Costs of Accountant General in administering funds in courtN.I.
59—(1) In section 116 of the Judicature (Northern Ireland) Act 1978 (fees), in subsection (1), after “in any office or by any officer connected with any such court” insert “ (including the Accountant General and the office maintained under section 77(2)) ”.
(2) At the end of that section insert—
“(5) Nothing in this section affects section 39 of the Administration of Justice Act 1982 (which includes provision relating to the costs of administering funds in court).”.
PART 4 N.I.General
Regulations and ordersN.I.
60—(1) A power to make regulations under this Act is, subject to subsection (2), exercisable by the Department of Justice.
(2) The power to make regulations under section 15(1) is exercisable by the Department for Social Development.
(3) Regulations under section 2(3), 35(5) or 39(1)(a) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.
(4) Any other regulations under this Act are subject to negative resolution.
(5) An order to which this subsection applies may not be made unless a draft of the order has been laid before, and approved by resolution of, the Assembly; and this subsection applies to—
(a)an order under section 14(7);
(b)an order under section 28(2) containing provision which amends or repeals a provision of an Act of Parliament or Northern Ireland legislation;
(c)an order under section 55(4).
(6) Any other order under this Act made by the Department of Justice (other than an order under section 61) is subject to negative resolution.
(7) Regulations or orders under this Act made by the Department of Justice or the Department for Social Development may contain incidental, supplementary, transitional, transitory or saving provision.
Commencement and short titleN.I.
61—(1) Section 28(2) and (3), Part 3 (other than section 48) and this Part come into operation on the day after this Act receives Royal Assent.
(2) The other provisions of this Act come into operation on such day or days as the Department of Justice may by order appoint.
(3) An order under this section may contain such transitional provision and such transitory modifications of this Act as appear to the Department of Justice to be necessary or expedient in connection with any provision brought into operation by the order.
(4) This Act may be cited as the Justice Act (Northern Ireland) 2016.
SCHEDULES
Section 18.
SCHEDULE 1N.I.ATTACHMENT OF EARNINGS ORDERS
Service of orderN.I.
1—(1) An attachment of earnings order must be served on the debtor's employer.N.I.
(2) Where a person is served with an attachment of earnings order that is directed to that person but the person does not employ the debtor, or subsequently ceases to employ the debtor, the person must, within 7 days of the date of service or of the person ceasing to employ the debtor (as the case may be), notify the collection officer in writing.
(3) A person commits an offence if the person fails, without reasonable excuse, to provide a notification required under sub-paragraph (2) (including as that sub-paragraph is applied by paragraph 6(4) or 7(7)).
(4) A person commits an offence if, in providing information in response to a requirement under sub-paragraph (2) (including as that sub-paragraph is applied by paragraph 6(4) or 7(7)), the person—
(a)provides information which the person knows to be false in a material particular,
(b)recklessly provides information which is false in a material particular, or
(c)knowingly fails to disclose a material fact.
Compliance with orderN.I.
2—(1) Where an attachment of earnings order is served on the debtor's employer, the employer must comply with the order.N.I.
(2) A person commits an offence if the person fails, without reasonable excuse, to comply with an attachment of earnings order served on that person.
(3) But the person is not liable, whether under sub-paragraph (2) or otherwise, for a failure to comply with the order before the end of seven days beginning with the date of service.
Power to determine whether payments are earningsN.I.
3—(1) Where an attachment of earnings order is made, the debtor or employer may apply to the responsible court for a determination as to whether payments to the debtor of the description specified in the application are earnings for the purposes of the order (as to which, see section 18(6)).N.I.
(2) The employer must give effect to any determination for the time being in force under sub-paragraph (1).
(3) Where the employer makes an application under this paragraph, the employer does not incur liability for failure to comply with the order in relation to payments of the description specified in the application before the application is determined or withdrawn.
Administrative costs of employerN.I.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Change of circumstancesN.I.
5—(1) If a debtor in relation to whom an attachment of earnings order is in force leaves an employment, or becomes employed or re-employed, the debtor must notify the collection officer in writing within seven days of doing so.N.I.
(2) If the debtor becomes employed or re-employed, the notification under sub-paragraph (1) must specify the earnings or expected earnings from the employment in question.
(3) A person who becomes an employer of the debtor and knows that an attachment of earnings order is in force in relation to the debtor must, within seven days of becoming the debtor's employer or of acquiring the knowledge (whichever is later), notify the collection officer that the person is employing the debtor.
(4) A notification under sub-paragraph (3) must state the debtor's earnings and expected earnings from the employment.
(5) A person commits an offence if the person fails, without reasonable excuse, to provide a notification required under sub-paragraph (1) or (3).
(6) A person commits an offence if, in providing a notification required under sub-paragraph (1) or (3), the person—
(a)provides information which the person knows to be false in a material particular,
(b)recklessly provides information which is false in a material particular, or
(c)knowingly fails to disclose a material fact.
Variation of orderN.I.
6— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Discharge of orderN.I.
7— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Prioritisation of ordersN.I.
8—(1) Part 2 of Schedule 1 to the Judgments Enforcement (Northern Ireland) Order 1981 is amended as follows.N.I.
(2) In paragraph 9—
(a)in the definition of “attachment of earnings order”—
(i)for “100(4)” substitute “ 100(1) ”, and
(ii)at the end insert “ and such an order under section 18 of the Justice Act (Northern Ireland) 2016 ”,
(b)after that definition insert—
“collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;”, and
(c)in the definition of “maintenance order”, for “that paragraph” substitute “Article 100(1) of the Magistrates' Courts (Northern Ireland) Order 1981”.
(3) In paragraph 10—
(a)omit “by a court” in the first and third places it appears, and
(b)after “maintenance orders” insert “ or collection orders ”.
(4) In paragraph 11—
(a)omit “by a court” in the first, third and fourth places it appears,
(b)after “maintenance orders” insert “ or collection orders ”,
(c)in sub-paragraphs (a) and (b), after “a maintenance order” insert “ or a collection order ”.
Crown employmentN.I.
9—(1) Where a debtor is employed by the Crown and an attachment of earnings order is made in relation to the debtor—N.I.
(a)the chief officer for the time being of the government department, office or other body in which the debtor is employed is to be treated as employing the debtor (any transfer of the debtor from one department, office or body to another being treated as a change of employment), and
(b)any earnings paid by the Crown, a Minister of the Crown or a government department, or out of the public revenue of the United Kingdom or Northern Ireland, are to be treated as paid by that chief officer.
(2) The reference in sub-paragraph (1)(a) to the department, office or other body in which the debtor is employed is, in the case of a debtor whose earnings are paid by the body as principal and who is accordingly treated by virtue of section 18(5) as being employed by the body, to be read as a reference to the body by which earnings are paid to the debtor in that capacity.
(3) If a question arises in proceedings for or arising out of an attachment of earnings order as to which department, office or other body is concerned for the purposes of this paragraph, or as to who for those purposes is the chief officer of the body concerned, the question is to be referred to and determined by the Department of Finance and Personnel or (as the case may require) the Minister for that Department.
(4) A reference under sub-paragraph (3) is to be made by the collection officer or court making, or proposing to make, the attachment of earnings order.
(5) A document purporting to set out a determination of the Department of Finance and Personnel under sub-paragraph (3) and to be signed by an officer of that Department, or a determination of the Minister of that Department under that sub-paragraph and to be signed on behalf of that Minister, is in any proceedings for or arising out of an attachment of earnings order to be admissible in evidence and deemed to contain an accurate statement of the determination unless the contrary is shown.
(6) In this paragraph, “government department” includes a department of the government of the United Kingdom.
RegulationsN.I.
10 Regulations may make further provision relating to attachments of earnings orders.N.I.
Section 28.
SCHEDULE 2N.I.COLLECTION ORDERS: MINOR AND CONSEQUENTIAL AMENDMENTS
Criminal Justice Act (Northern Ireland) 1945N.I.
1—(1) In section 35 (powers of courts in relation to fines and forfeited recognizances), in subsection (1), in paragraph (e) at the end insert “ , unless there is a collection order in relation to the amount concerned ”.N.I.
(2) After section 35(4A) insert—
“(4B) In a case where there is a collection order, the power to make the application referred to in subsection (4A) is instead exercisable by the collection officer responsible for securing compliance with the order.”.
(3) In section 35(5) for “the last foregoing sub-section” substitute “ subsection (4) ”.
(4) After section 35(7) insert—
“(8) In this section, “collection order” means an order under section3 of the Justice Act (Northern Ireland) 2016.”.
Mines Act (Northern Ireland) 1969N.I.
2 In Schedule 3 (inquiries into fitness of holders of certificates of competency), after paragraph 9 insert—N.I.
“9A The tribunal, having received an application under paragraph 9, must refer it to a district judge (magistrates' courts) for the judge to consider whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016; and the order may be made without a court hearing.”.
Magistrates' Courts (Northern Ireland) Order 1981N.I.
3—(1) In Article 2(3) (interpretation) at the appropriate place insert—N.I.
““collection order” means (except in Article 96(1B)) an order under section 3 of the Justice Act (Northern Ireland) 2016;”.
(2) In Article 91 (payment of sums adjudged to be paid by a conviction), in paragraph (4) at the end insert “ , unless there is a collection order in relation to the sum ”.
(3) In Article 92 (enforcing payment of a sum adjudged to be paid by a conviction), in paragraph (4) at the end insert “ ; but this does not apply where there is a collection order in relation to the sum ”.
(4) In Article 92A (fines imposed on companies), after paragraph (1) insert—
“(1A) In a case where there is a collection order, the power to make the application referred to in paragraph (1) is instead exercisable by the collection officer responsible for securing compliance with the order.”
(5) In Article 96 (transfer of fines elsewhere in the United Kingdom), after paragraph (1) insert—
“(1A) The clerk of a court of summary jurisdiction acting for the district in question must refer the transfer of fine order to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
(1B) The duty under paragraph (1A) applies whether or not a collection order under Schedule 5 to the Courts Act 2003 or an enforcement order under section 226B of the Criminal Procedure (Scotland) Act 1995 has been made in relation to the sum to which the transfer of fine order relates.”
Police and Criminal Evidence (Northern Ireland) Order 1989N.I.
4 In Article 19(1) (power of constable to enter and search), in sub-paragraph (a), after paragraph (ii) insertN.I.
“; or
(iii)a warrant of commitment issued under section 9(1)(i) of the Justice Act (Northern Ireland) 2016 (default by debtor);”.
Road Traffic Offenders (Northern Ireland) Order 1996N.I.
5—(1) In Article 2(2) (interpretation) at the appropriate place insert—N.I.
““collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;”.
(2) In Article 76 (registration of sums payable in default), in paragraph (2)(a), for “21 days” substitute “ 28 days ”.
(3) After Article 76(3) insert—
“(3A) The clerk of petty sessions must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
(3B) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under paragraph (2)(a).”.
(4) In Article 79 (provisions supplementary to Articles 77 and 78 (which deal with cases where the registration of certain notices is invalidated)), in paragraph (5), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.
(5) In Part 2 of Schedule 2 (statutory statement of facts), in paragraph 3(3)(c), after “the person on whom the notice to owner is served” insert “ and a collection order may be made in that person's case without any court hearing ”.
Criminal Justice and Immigration Act 2008N.I.
6—(1) In section 88 (international co-operation in relation to criminal justice matters: procedure in Northern Ireland on receipt of certificate by clerk of petty sessions), in subsection (3)—N.I.
(a)after “must decide” insert
“—
(a)”, and
(b)at the end insert
“, and
(b)if it is satisfied that none of the grounds for refusal apply, whether to make a collection order under section 3 of the Justice Act (Northern Ireland) 2016.”
(2) In section 88(6) for the words from the beginning to “that Part,” substitute “ The enactments specified in subsection (6ZA) ”.
(3) After section 88(6) insert—
“(6ZA) The enactments specified in this subsection are—
(a)Part 9 of the Magistrates' Courts (Northern Ireland) Order 1981 and any instrument made under that Part;
(b)Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 and any instrument made under that Chapter.”
Justice Act (Northern Ireland) 2011N.I.
7—(1) In section 67 (registration of fixed penalty), in subsection (2)(a), for “21 days” substitute “ 28 days ”.N.I.
(2) After section 67(3) insert—
“(3A) Thefixed penalty clerk must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
(3B) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under subsection (2)(a).”
(3) In section 68 (challenge to notice), in subsection (9), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.
(4) In section 69 (setting aside of sum enforceable under section 67), in subsection (5), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.
(5) In section 70 (interpretation) at the appropriate place insert—
““collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;”.
Justice Act (Northern Ireland) 2015N.I.
8—(1) In section 24 (prosecutorial fines: registration of sum payable in default), in subsection (2)(a), for “21 days” substitute “ 28 days ”.N.I.
(2) After section 24(3) insert—
“(3A) The fines clerk must refer the case to a district judge (magistrates' courts) for the judge to consider whether to make a collection order; and the order may be made without a court hearing.
(3B) Where a collection order is made in that case, the date specified in the order as the date by which the sum due must be paid must, unless the court directs otherwise, be the same as the date specified in the notice of registration under subsection (2)(a).”
(3) In section 25 (challenge to notice), in subsection (7), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.
(4) In section 26 (setting aside of sum enforceable under section 24), in subsection (3), after “enforcing payment of that sum” insert “ (including the making of a collection order) ”.
(5) In section 27 (interpretation), at the appropriate place insert—
““collection order” means an order under section 3 of the Justice Act (Northern Ireland) 2016;”.
Prospective
Section 33.
SCHEDULE 3N.I.THE PRISON OMBUDSMAN
Appointment, status and term of officeN.I.
1 The Department shall appoint a person to be the Ombudsman.N.I.
2 The Ombudsman is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.N.I.
3—(1) A person appointed as Ombudsman holds office for such term, not exceeding 7 years, as may be specified in the terms of appointment.N.I.
(2) At the end of that term the person concerned is not eligible for re-appointment.
4—(1) A person holding office as Ombudsman may resign that office by notice in writing to the Department.N.I.
(2) A person holding office as Ombudsman may be removed from office by the Department if the Department is satisfied that the person—
(a)is incapable for medical or other reasons of performing the functions of the office;
(b)has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of 3 months;
(c)is the subject of a bankruptcy restrictions order or a debt relief restrictions order;
(d)has been convicted of a criminal offence; or
(e)is otherwise unable, unfit or unwilling to perform the functions of the office.
Remuneration and allowancesN.I.
5 The Department shall pay the Ombudsman such remuneration and such travelling and other allowances as the Department may determine.N.I.
6 The Department shall pay to or in respect of a person who holds or has held office as Ombudsman such pension, allowances or gratuities as the Department may determine.N.I.
Appointment of acting OmbudsmanN.I.
7—(1) Where the office of Ombudsman becomes vacant, the Department may appoint a person as acting Ombudsman.N.I.
(2) Any person holding office as acting Ombudsman ceases to hold that office—
(a)on the appointment of a new Ombudsman; or
(b)at the end of the period of one year beginning with the day on which the vacancy arose,
whichever first occurs.
(3) Otherwise, a person appointed as acting Ombudsman holds office in accordance with the terms of appointment.
(4) A person holding office as acting Ombudsman is to be treated for all purposes (apart from those of paragraphs 1 to 6) as the Ombudsman.
The Ombudsman's officersN.I.
8—(1) The Ombudsman may, with the approval of the Department as to numbers and conditions of employment, appoint such officers as the Ombudsman may determine.N.I.
(2) Any function of the Ombudsman may be performed on behalf of the Ombudsman by any officer of the Ombudsman authorised for the purpose by the Ombudsman.
AdvisersN.I.
9 The Ombudsman may obtain advice from any person who, in the opinion of the Ombudsman, is qualified to give it, to assist the Ombudsman in the discharge of any function of the Ombudsman.N.I.
DocumentsN.I.
10 A document purporting to be duly signed by, or on behalf of, the Ombudsman shall be received in evidence and, unless the contrary is proved, be taken to be so signed.N.I.
FinanceN.I.
11—(1) The Department may make payments to the Ombudsman out of moneys appropriated by Act of the Assembly.N.I.
(2) Payments under this paragraph shall be made on such terms and conditions as the Department may determine.
(3) The Ombudsman may not borrow money.
Annual reportN.I.
12—(1) As soon as practicable after the end of each financial year, the Ombudsman shall send to the Department a report on the carrying out of the functions of the Ombudsman during that year.N.I.
(2) The Department shall lay a copy of the report before the Assembly and arrange for it to be published.
Data protectionN.I.
13 In section 31(4) of the Data Protection Act 1998 (regulatory activities) in paragraph (a) after sub-paragraph (v) insert—N.I.
“(va)the Prison Ombudsman for Northern Ireland;”
Freedom of informationN.I.
14—(1) In section 76(1) of the Freedom of Information Act 2000 (disclosure of information) in the Table after the entry relating to the Assembly Ombudsman for Northern Ireland insert—N.I.
“The Prison Ombudsman for Northern Ireland | Part 2 of the Justice Act (Northern Ireland) 2016”. |
(2) In Part 7 of Schedule 1 to that Act (bodies, etc. which are public authorities for the purposes of the Act) for the entry relating to the Prisoner Ombudsman for Northern Ireland substitute— “ The Prison Ombudsman for Northern Ireland ”
Public Services OmbudsmanN.I.
15 In Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities) after the entry relating to the Northern Ireland Police Fund insert— “ The Prison Ombudsman for Northern Ireland ”.N.I.
InterpretationN.I.
16 In this Schedule “financial year” means—N.I.
(a)the period beginning with the day on which section 47(1) comes into operation and ending on 31st March 2017; and
(b)any subsequent period of 12 months ending on 31st March.
Section 51.
SCHEDULE 4N.I.PRIVATE SEXUAL PHOTOGRAPHS ETC: PROVIDERS OF INFORMATION SOCIETY SERVICES
Exceptions for mere conduitsN.I.
1—(1) A service provider is not capable of committing an offence under section 51 in respect of anything done in the course of providing so much of an information society service as consists in—N.I.
(a)the provision of access to a communication network, or
(b)the transmission in a communication network of information provided by a recipient of the service,
if the condition in sub-paragraph (2) is satisfied.
(2) The condition is that the service provider does not—
(a)initiate the transmission,
(b)select the recipient of the transmission, or
(c)select or modify the information contained in the transmission.
(3) For the purposes of sub-paragraph (1)—
(a)the provision of access to a communication network, and
(b)the transmission of information in a communication network,
includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for cachingN.I.
2—(1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.N.I.
(2) The service provider is not capable of committing an offence under section 51 in respect of the automatic, intermediate and temporary storage of information so provided, if—
(a)the storage of information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
(b)the condition in sub-paragraph (3) is satisfied.
(3) The condition is that the service provider—
(a)does not modify the information,
(b)complies with any conditions attached to having access to the information, and
(c)where sub-paragraph (4) applies, expeditiously removes the information or disables access to it.
(4) This sub-paragraph applies if the service provider obtains actual knowledge that—
(a)the information at the initial source of the transmission has been removed from the network,
(b)access to it has been disabled, or
(c)a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
Exception for hostingN.I.
3—(1) A service provider is not capable of committing an offence under section 51 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied.N.I.
(2) This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided—
(a)that it consisted of or included a private sexual photograph or film,
(b)that it was provided without the consent of an individual who appears in the photograph or film, or
(c)that the photograph or film was provided with the intention of causing distress to that individual.
(3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access it to it.
(4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
InterpretationN.I.
4—(1) This paragraph applies for the purposes of this Schedule.N.I.
(2) “Photograph or film” has the meaning given in section 51.
(3) “Information society service”—
(a)has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
(b)is summarised in recital 17 of the E-Commerce Directive covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”,
and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
(4) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
(5) “Service provider” means a person providing an information society service.
Section 58.
SCHEDULE 5N.I.AMENDMENTS OF THE FIREARMS (NORTHERN IRELAND) ORDER 2004
Part 1 N.I.Firearms - Persons under 18
Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16N.I.
1—(1) In Article 2(2) (interpretation), after the definition of “shotgun certificate” insert—N.I.
““shotgun club” means a club established for the purpose of promoting and practising skill in the use of shotguns;”.
(2) In the heading to Part 6, add at the end “ AND SHOTGUN CLUBS ”.
(3) After the heading to Part 6 add— “ Firearms clubs ”.
(4) After Article 50 insert—
“Shotgun clubsN.I.
Authorisation of shotgun clubs to allow use of shotguns by minors for limited purposes
50A—(1) If the Chief Constable is satisfied that there will not be a danger to public safety or to the peace, the Chief Constable may, on payment of the appropriate fee, grant an authorisation for a shotgun club to allow persons under the age of 16 who have attained the age of 12 to use shotguns under appropriate supervision in accordance with the authorisation.
(2) An authorisation must state that it is limited to the use of shotguns for clay target shooting or for such other purposes as may be prescribed.
(3) The Chief Constable may at any time by notice in writing—
(a)attach conditions to an authorisation;
(b)vary or revoke conditions attached under this Article.
(4) An authorisation shall continue in force for a period of five years from the date on which it is granted but if the Chief Constable is satisfied that there is a danger to public safety or to the peace, the Chief Constable may revoke the authorisation.
(5) Any person who—
(a)operates a shotgun club which allows a person under the age of 16 to use a shotgun except in accordance with an authorisation, or
(b)contravenes any condition of an authorisation,
shall be guilty of an offence.
(6) In this Article—
“appropriate supervision” means under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least five years;
“authorisation” means an authorisation granted under this Article;
“prescribed” means prescribed by regulations made by the Department of Justice.
(7) The Department of Justice may make regulations substituting a different age for the lower age mentioned in paragraph (1) and paragraph 11(4) of Schedule 1.
(8) The Department of Justice shall not make regulations under this Article unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.”.
(5) Before the heading to Article 51 insert— “ Power of entry ”.
(6) In Article 51 (power of entry), in paragraph (1)—
(a)in sub-paragraph (a), after “club” insert “ or a shotgun club ”;
(b)after “Article 49” insert “ or 50A ”.
(7) In Schedule 1 (firearm certificates - exemptions), in paragraph 11, after sub-paragraph (3) add—
“(4) A person who is under the age of 16 but has attained the age of 12 may, without holding a firearm certificate, use a shotgun in accordance with an authorisation under Article 50A.”.
(8) In Schedule 5 (table of punishments), after the entry relating to Article 49(5)(b) insert—
“Article 50A(5)(a) | Operating a shotgun club which allows unauthorised use of shotguns | (a) Summary | 1 year or a fine of the statutory maximum or both |
(b) Indictment | 3 years or a fine or both | ||
Article 50A(5)(b) | Contravention of conditions of authorisation | (a) Summary | 1 year or a fine of the statutory maximum or both |
(b) Indictment | 3 years or a fine or both”. |
(9) In Schedule 5, in the second column of the entry relating to Article 51(2), after “club” insert “ or shotgun club ”.
Other amendments relating to persons under 18N.I.
2—(1) Article 7 (purposes for which a young person may acquire and have in possession certain firearms and ammunition), in paragraph (3)(b)(i), after “sporting purposes” insert “ or for the purpose of pest control ”.N.I.
(2) In Schedule 1 (firearm certificates—exemptions)—
(a)in paragraph 9 (air guns and ammunition), in sub-paragraph (3)(b), (person under 18 may not purchase an air gun without a certificate unless the person has attained the age of 17), the words “unless he has attained the age of 17” are repealed;
(b)in paragraph 11 (shotguns), in sub-paragraph (3), at the end add “ unless the person has attained the age of 16 and is under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least three years ”.
Part 2 N.I.Firearm certificates and other certificates
Variation of firearm certificateN.I.
3—(1) In Article 11 (variation of firearm certificate), for paragraphs (3) to (5) substitute—N.I.
“(3) If a person—
(a)sells a firearm (“the first firearm”) to the holder of a firearms dealer's certificate (“the dealer”); and
(b)as part of the same transaction purchases from the dealer another firearm (“the second firearm”); and
(c)paragraph (4) applies,
the dealer may, on payment of the appropriate fee, vary that person's firearm certificate by substituting the second firearm for the first firearm.
(4) This paragraph applies—
(a)if both the first firearm and the second firearm are shotguns; or
(b)if—
(i)the second firearm is of the same type and calibre as the first firearm; and
(ii)neither firearm is a prohibited weapon or a shotgun; or
(c)if—
(i)the first firearm is a rifle of a description mentioned in the first column of Schedule 1A; and
(ii)the second firearm is a rifle of a calibre specified in relation to the same Band of Schedule 1A as the calibre of the first firearm; and
(iii)neither firearm is a prohibited weapon, a muzzle-loading firearm as defined in Article 45(9) or a shotgun; and
(iv)the second firearm will not be of the same calibre as any other firearm to which the firearm certificate relates; and
(v)the firearm certificate is not held subject to a condition that the first firearm may be used only for the purposes of target shooting.
(5) If a person—
(a)sells or transfers a firearm to the holder of a firearms dealer's certificate (“the dealer”); and
(b)does not as part of the same transaction purchase or acquire from the dealer another firearm,
the dealer may, on payment of the appropriate fee (if any), vary that person's firearm certificate by deleting that firearm.
(6) Where the holder of a firearms dealer's certificate (“the dealer”) varies a firearm certificate under this Article, the dealer shall—
(a)notify the Chief Constable of the variation within 72 hours of the variation being made; and
(b)where the dealer receives the fee for varying the certificate, pay it to the Chief Constable.
(7) A person who fails to comply with paragraph (6)(a) shall be guilty of an offence.
(8) Schedule 1A (relevant firearms for Article 11(4)(c)) shall have effect.
(9) The Department of Justice may make regulations amending Schedule 1A if a draft of the regulations has been laid before, and approved by resolution of, the Assembly.”.
(2) After Schedule 1 insert—
Article 11(8
“SCHEDULE 1AN.I.Relevant firearms for Article 11(4)(c)
BAND | CALIBRE |
---|---|
1. Small quarry air rifles | .177 |
.20 | |
.22 | |
.25 | |
2. Small quarry | .17 Mach 2 |
.17 HMR (Hornady Magnum Rimfire) | |
.22 LR (Long Rifle) | |
.22 WMR (Winchester Magnum Rimfire) | |
3. Medium quarry | .17 Hornet |
.17 Remington | |
.17 Remington Fireball | |
.22 Hornet/5.6x36Rmm | |
.222 Remington | |
.204 Ruger | |
.223 Remington/5.56x45mm | |
.220 Swift | |
.22-250 | |
4. Large quarry | .243 Winchester |
.25-06 | |
6.5mm x 55/.256 | |
7mm x 08 Remington | |
.270 | |
7.62 x 51mm/.308 Winchester | |
.30-06”. |
(3) In Schedule 5 (table of punishments), after the entry relating to Article 10(3) insert—
“Article 11(7) | Failure of firearms dealer to notify Chief Constable of variation of firearm certificate | Summary | Level 3”. |
Variation of firearms dealer's certificateN.I.
4 In Article 29(6) (variation of firearms dealer's certificate), at the end add “ on payment of the appropriate fee ”.N.I.
Updated certificatesN.I.
5—(1) In Article 5 (grant of firearm certificate)—N.I.
(a)in paragraph (5), after “duplicate certificate” insert “ or an updated certificate ”;
(b)after paragraph (5) add—
“(6) In paragraph (5)—
“duplicate certificate” means a copy of the firearm certificate as granted; and
“updated certificate” means the firearm certificate revised up to such date as may be specified on the certificate.”.
(2) In Article 26 (grant of firearms dealer's certificate)—
(a)in paragraph (7)—
(i)after “duplicate certificate” insert “ or an updated certificate ”;
(ii)the words “(if any)” are repealed;
(b)after paragraph (7) add—
“(8) In paragraph (7)—
“duplicate certificate” means a copy of the firearms dealer's certificate as granted;
“updated certificate” means the firearms dealer's certificate revised up to such date as may be specified on the certificate.”.
Certificates granted in Great BritainN.I.
6—(1) The following provisions of Article 17 (firearm certificate or shotgun certificate granted in Great Britain has effect in Northern Ireland if Chief Constable grants certificate of approval) are repealed—N.I.
(a)in paragraph (1), the words from “if” to the end;
(b)paragraphs (2) and (3);
(c)in paragraph (4)—
(i)in the definition of “applicable conditions” the words from “, subject” to the end;
(ii)the definitions of “certificate of approval” and “modifications”.
(2) In Article 18 (air guns held without a firearm certificate in Great Britain)—
(a)in paragraph (1)—
(i)after “an air gun” insert “ to which paragraph (3) applies ”;
(ii)in sub-paragraph (c) after “issued to him by the Chief Constable” add “ on payment of the appropriate fee ”;
(b)after paragraph (2) add—
“(3) This paragraph applies to an air gun which is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.”.
Part 3 N.I.Supplementary
FeesN.I.
7—(1) For Schedule 6 (fees) substitute—N.I.
Article 75.
“SCHEDULE 6N.I.Fees
Firearm certificate
1. Grant of firearm certificate | £98 |
2. Variation by Chief Constable | £30 |
3. Variation by firearms dealer under Article 11(3) to substitute firearm | £15 |
4. Variation by firearms dealer under Article 11(5) to delete firearm | No fee |
5. Duplicate certificate | £14 |
6. Updated certificate | £14 |
Museum firearms licence
7. Grant of museum firearms licence by Department of Justice | £110 |
8. Extension to additional premises | £75 |
Visitor's firearm permit
9. Grant of visitor's firearm permit (except where paragraph 10 applies) | £16 |
10. Grant of six or more permits (taken together) on a group application | £80 |
Certificate of approval for air gun for resident in Great Britain
11. Certificate of approval for air gun for resident in Great Britain | £11 |
Firearms dealer's certificate
12. Grant of firearms dealer's certificate | £300 |
13. Duplicate certificate | £14 |
14. Updated certificate | £14 |
Firearms clubs and shotgun clubs
15. Authorisation of firearms club | £71 |
16. Authorisation of shotgun club to allow use of shotgun by persons 12 or over but under 16, except where the shotgun club is also a firearms club and an authorisation under Article 49 is granted at the same time | £71.”. |
Consequential amendmentN.I.
8 In Article 80(5) (regulations and orders made by the Department of Justice), after “Order” insert “ , except regulations under Article 11(9) or 50A, ”.N.I.