SCHEDULES

Section 8

SCHEDULE 1 Trials on indictment without a jury: consequential amendments

Criminal Procedure and Investigations Act 1996 (c. 25)

1 (1) The Criminal Procedure and Investigations Act 1996 is, in its application to Northern Ireland (as set out in Schedule 4 to that Act), amended as follows.

(2) In section 14A(1) (public interest: review for scheduled offences), for the words from “the offence” to the end substitute “section 5 of the Justice and Security (Northern Ireland) Act 2007 (trials on indictment without a jury) applies in relation to the trial of the accused for the offence charged”.

(3) The heading of section 14A accordingly becomes “Public interest: review for offences tried under section 5 of the Justice and Security (Northern Ireland) Act 2007”.

(4) In section 39(3)(a) (start of trial on indictment without a jury), for “section 75 of the Terrorism Act 2000” substitute “section 5 of the Justice and Security (Northern Ireland) Act 2007”.

Criminal Justice Act 2003 (c. 44)

2 The Criminal Justice Act 2003 is amended as follows.

3 In section 50 (application of Part 7 to Northern Ireland), for subsection (2) substitute—

“(2) This Part does not apply in relation to a trial to which section 5 of the Justice and Security (Northern Ireland) Act 2007 (trials on indictment without a jury) applies.”

4 In Schedule 36, in paragraph 45(3), in the inserted section 48(6B)(b) of the Judicature (Northern Ireland) Act 1978 (c. 23) (committal for trial on indictment), for “section 75 of the Terrorism Act 2000” substitute “section 5 of the Justice and Security (Northern Ireland) Act 2007”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

5 In section 21 of the Domestic Violence, Crime and Victims Act 2004 (application of sections 17 to 20 to Northern Ireland), for subsection (2) substitute—

“(2) Sections 17 to 20 do not apply in relation to a trial to which section 5 of the Justice and Security (Northern Ireland) Act 2007 (trials on indictment without a jury) applies.”

Section 10

SCHEDULE 2 Restrictions on disclosure of juror information: further amendments

Introduction

1 The Juries (Northern Ireland) Order 1996 (S.I. 1996/1141 (N.I. 6)) is amended as follows.

No inspection of Jurors Lists and panels

2 (1) In Article 4 (preparation of Jurors Lists)—

(a) in paragraph (6), omit the words from “and in each year” to the end;

(b) in paragraph (10), for sub-paragraph (a) substitute—

“(a) the day and period mentioned in paragraph (1), and”.

(2) Omit Article 7 (inspection of panel).

(3) Omit Article 16(1) to (3) (challenge for name not being on Jurors List).

(4) In Article 17 (restrictions on right of challenge), in paragraph (1), omit “Subject to Article 16,”.

(5) This paragraph does not have effect in relation to any Divisional Jurors List or any panel under Article 5 of the Order made available for inspection before the day on which this paragraph comes into force.

Procedure for ascertaining attendance of jurors to be conducted in private

3 In Article 9 (procedure for ascertaining attendance of jurors), after paragraph (1) insert—

“(1A) No person may be present in the court while the call over of the panel is conducted under paragraph (1) apart from—

(a) the judge of any court;

(b) the persons summoned to attend as jurors;

(c) the officer calling over the panel or any other officer of the court;

(d) a court security officer;

(e) any other person authorised for the purpose by the judge of any court.”

Balloting of jurors by number rather than by name

4 (1) In Article 6 (form of panel), in paragraph (1), after “arranged” insert “(and assigned numbers)”.

(2) In Article 12 (balloting of jurors), after paragraph (1) insert—

“(1A) The ballot shall be conducted using the numbers assigned to the persons on the panel, or the section of the panel, in accordance with Article 6(1) (and not by using their names).”

(3) In Article 12, in paragraph (2), for “names” substitute “numbers”.

(4) In Article 18 (selection of additional jurors), after paragraph (2) insert—

“(2A) A ballot under paragraph (2) shall be conducted using numbers assigned to the nominated persons (and not by using their names).”